Legislature(2023 - 2024)GRUENBERG 120

03/28/2023 01:00 PM House MILITARY & VETERANS' AFFAIRS

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Audio Topic
01:02:18 PM Start
01:03:02 PM HB85
01:52:50 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 85 PROFESSIONAL LICENSING; TEMP PERMITS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
**Streamed live on AKL.tv**
                    ALASKA STATE LEGISLATURE                                                                                  
   HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS                                                                  
                         March 28, 2023                                                                                         
                           1:02 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Stanley Wright, Chair                                                                                            
Representative Laddie Shaw                                                                                                      
Representative Ben Carpenter                                                                                                    
Representative George Rauscher                                                                                                  
Representative Dan Saddler                                                                                                      
Representative Cliff Groh                                                                                                       
Representative Andrew Gray                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 85                                                                                                               
"An Act relating to professional licensing; relating to                                                                         
temporary licenses for some professions; and providing for an                                                                   
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  85                                                                                                                  
SHORT TITLE: PROFESSIONAL LICENSING; TEMP PERMITS                                                                               
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/27/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/27/23       (H)       L&C, FIN                                                                                               
03/08/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/08/23       (H)       Heard & Held                                                                                           
03/08/23       (H)       MINUTE(L&C)                                                                                            
03/10/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/10/23       (H)       Heard & Held                                                                                           
03/10/23       (H)       MINUTE(L&C)                                                                                            
03/17/23       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/17/23       (H)       Moved CSHB 85(L&C) Out of Committee                                                                    
03/17/23       (H)       MINUTE(L&C)                                                                                            
03/20/23       (H)       L&C RPT CS(L&C) 5DP 1AM                                                                                
03/20/23       (H)       DP:  CARRICK,  WRIGHT, PRAX,  RUFFRIDGE,                                                               
                         SUMNER                                                                                                 
03/20/23       (H)       AM: SADDLER                                                                                            
03/22/23       (H)       MLV REFERRAL ADDED BEFORE FIN                                                                          
03/22/23       (H)       BILL REPRINTED                                                                                         
03/28/23       (H)       MLV AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
GLENN SAVIERS, Deputy Director                                                                                                  
Division of Corporations, Business, and Professional Licensing                                                                  
Department of Commerce, Community, and Economic Development                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   On  behalf of the  sponsor, House  Rules by                                                             
request of  the governor, presented the  committee substitute for                                                               
HB 85(L&C),  gave the sectional  analysis, and gave  a PowerPoint                                                               
presentation.                                                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:02:18 PM                                                                                                                    
                                                                                                                                
CHAIR  STANLEY  WRIGHT  called the  House  Special  Committee  on                                                             
Military  and Veterans'  Affairs meeting  to order  at 1:02  p.m.                                                               
Representatives Gray,  Groh, Saddler, Rauscher, Shaw,  and Wright                                                               
were  present at  the call  to order.   Representative  Carpenter                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
          HB  85-PROFESSIONAL LICENSING; TEMP PERMITS                                                                       
                                                                                                                                
1:03:02 PM                                                                                                                    
                                                                                                                                
CHAIR WRIGHT announced  that the only order of  business would be                                                               
HOUSE BILL  NO. 85, "An  Act relating to  professional licensing;                                                               
relating  to   temporary  licenses  for  some   professions;  and                                                               
providing  for an  effective date."   [Before  the committee  was                                                               
CSHB 85(L&C).]                                                                                                                  
                                                                                                                                
1:04:02 PM                                                                                                                    
                                                                                                                                
GLENN  SAVIERS,   Deputy  Director,  Division   of  Corporations,                                                               
Business,  and Professional  Licensing,  Department of  Commerce,                                                               
Community,   and  Economic   Development,   explained  that   the                                                               
committee substitute (CS) for HB 85  is the result of the federal                                                               
law, H.R. 7939,  that went into effect on January  5, [2023], and                                                               
it amends  Title 7 of the  Servicemembers Civil Relief Act.   She                                                               
stated that  Section 19 of  this federal resolution  concerns the                                                               
"portability  of   professional  licenses   of  members   of  the                                                               
uniformed  services and  their spouses"  and  requires states  to                                                               
treat  professional licenses  from another  jurisdiction held  by                                                               
these  individuals as  valid if  the  individuals have  relocated                                                               
because of military  orders.  Furthermore, for the  license to be                                                               
valid in the  new jurisdiction, the servicemember  or spouse must                                                               
remain in good standing in  any jurisdiction from which they have                                                               
been issued a  license of a similar scope of  practice.  She said                                                               
the  servicemember  or  spouse  must  also  submit  documentation                                                               
related to standards of practice,  discipline, and fulfillment of                                                               
any  continuing education  requirements.   The  federal law  also                                                               
provides  that, where  a service  member  is able  to operate  in                                                               
multiple  states  due to  an  interstate  licensure compact,  the                                                               
terms  of  the compact  would  apply.    She explained  that  the                                                               
Department  of  Law  helped  the  division  identify  how  Alaska                                                               
statute needs  to change  to comply, and  it was  determined that                                                               
[CSHB 85(L&C)]  would be  the best  vessel for  the change.   She                                                               
stated that  she would be  explaining the  Professional Licensing                                                               
Section's  duties and  the  Universal  Temporary Licensure  (UTL)                                                               
based on the proposed legislation.                                                                                              
                                                                                                                                
1:06:15 PM                                                                                                                    
                                                                                                                                
MS. SAVIERS offered the sectional  analysis for Section 1 of CSHB
85(L&C)  [included  in  the  committee  packet],  which  read  as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Section  1:   Repeals  and  reenacts  AS   08.01.062                                                                       
     temporary  license      to  allow  the   Department  of                                                                    
     Commerce,    Community,   and    Economic   Development                                                                    
     ("department")  to issue  a  temporary  license if  the                                                                    
     applicant:                                                                                                                 
     •  Is licensed  in another  U.S. jurisdiction  that has                                                                    
     license   requirements   substantially  equivalent   or                                                                    
     greater  than  Alaska's,  or   authorizes  a  scope  of                                                                    
     practice  substantially  equivalent  to  the  scope  of                                                                    
     practice for the license in Alaska; or                                                                                     
     •  Meets the  qualifications and  requirements for  the                                                                    
     Alaska  license through  military education,  training,                                                                    
     and service  under AS 08.01.064(a) and  doesn't already                                                                    
     hold a license in another jurisdiction.                                                                                    
     To  qualify  for  a temporary  license,  the  applicant                                                                    
     cannot:                                                                                                                    
     • Be the subject of  disciplinary action related to the                                                                    
     profession in  another jurisdiction  or be  the subject                                                                    
     of an ongoing review  or disciplinary proceeding by the                                                                    
     profession's licensing entity in another jurisdiction.                                                                     
       Have committed an act  in another jurisdiction within                                                                    
     the  10 years  before the  application that  would have                                                                    
     constituted  grounds  for  denial or  revocation  of  a                                                                    
     license in Alaska at the time the act was committed.                                                                       
     To  qualify  for  a temporary  license,  the  applicant                                                                    
     must:                                                                                                                      
       Pays all required fees.                                                                                                  
     • Undergo  a criminal  history background check  if the                                                                    
     department or  applicable board  requires such  for the                                                                    
     professional license.                                                                                                      
     o   Disclaimer:   The   department  may   consider   an                                                                    
     application  and  grant   a  temporary  license  before                                                                    
     obtaining  any  resulting  report.  If  the  department                                                                    
     subsequently receives criminal  record information that                                                                    
     would  authorize  the  department   or  board  to  take                                                                    
     disciplinary   action,   that    authority   shall   be                                                                    
     exercised.                                                                                                                 
     Temporary  licenses  are  valid  for up  to  180  days.                                                                    
     Applicants  can apply  for one  180-day extension,  and                                                                    
     those   will   be    approved   at   the   department's                                                                    
     discretion."                                                                                                               
                                                                                                                                
     Temporary   license    holders   are    authorized   to                                                                    
     temporarily  practice  the  profession  for  which  the                                                                    
     license was  granted. The department has  the authority                                                                    
     to revoke  a license issued  under this section  if the                                                                    
     license   was   secured   under   deceit,   fraud,   or                                                                    
     intentional misrepresentation."                                                                                            
                                                                                                                                
     Temporary license provisions under  this section do not                                                                    
     apply   to  AS   08.48  (Architects,   Engineers,  Land                                                                    
     Surveyors,  and Landscape  Architects),  AS 08.54  (Big                                                                    
     Game  Guides  and  Related Occupations),  or  AS  08.62                                                                    
     (Marine Pilots).                                                                                                           
                                                                                                                                
1:08:10 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 1:08 p.m.                                                                                 
                                                                                                                                
1:08:49 PM                                                                                                                    
                                                                                                                                
MS. SAVIERS wrapped up discussion of Section 1 in the sectional                                                                 
analysis [text provided previously].                                                                                            
                                                                                                                                
1:09:46 PM                                                                                                                    
                                                                                                                                
MS.  SAVIERS gave  a PowerPoint  presentation, titled  "Universal                                                               
Temporary   Licensure"  [hardcopy   included  in   the  committee                                                               
packet].    On  slide  2,  she  gave  a  brief  overview  of  the                                                               
Professional  Licensing   Section  within  the  division.     She                                                               
explained that  the division oversees professional  licensing for                                                               
45 programs covering 125 professions.   She pointed out that, not                                                               
including the  administrative support team or  investigators, the                                                               
Professional  Licensing  Section  has  a  staff  of  53  members,                                                               
including non-permanent  positions.  She provided  a breakdown of                                                               
the 45 professional licensing programs  within the division.  She                                                               
noted  that  within  the  division's  45  professional  licensing                                                               
programs,  there  are  over  250   types  of  licenses,  permits,                                                               
certificates, and endorsements,  as well as over  400 pathways to                                                               
these initial  licenses or permits.   She pointed out  that these                                                               
license  type   numbers  would  not  include   all  the  military                                                               
temporary  courtesy licenses  created  by the  passage of  Senate                                                               
Bill   21  [passed   during   the   Thirty-second  Alaska   State                                                               
Legislature].                                                                                                                   
                                                                                                                                
1:11:26 PM                                                                                                                    
                                                                                                                                
MS.  SAVIERS  pointed  to  the dental  licensing  program  as  an                                                               
example of the  complexity in licensing.  She  explained that the                                                               
program  has   just  two  professions      dentists   and  dental                                                               
hygienists;   however,  there   are  many   types  of   licenses,                                                               
certificates,  endorsements,  and permits.    She  stated that  a                                                               
dentist  license can  be obtained  by Examination  Level III,  by                                                               
Examination Level II, or by  credentials.  She continued that the                                                               
dental hygienist license  can also be obtained by  the same three                                                               
pathways.   She added  that dentists can  also obtain  permits to                                                               
administer moderate  or minimal sedation.   They can  also obtain                                                               
permits to administer  deep sedation or general  anesthesia.  She                                                               
said  both types  of  permits can  be  obtained through  multiple                                                               
pathways.  She  explained that dental hygienists  can also obtain                                                               
advanced  practice  permits,  certificates  to  administer  local                                                               
anesthetic  agents, certificates  to provide  nitrous oxide,  and                                                               
endorsements to perform restorative functions.                                                                                  
                                                                                                                                
MS.  SAVIERS commented  that while  the board  does not  regulate                                                               
dental assistants,  if dental assistants want  to perform coronal                                                               
polishing  or restorative  functions,  they will  need to  obtain                                                               
certificates from the  board to do so.  She  noted other types of                                                               
permits  and  licenses,   including  temporary  dentist  permits,                                                               
courtesy  dentist licenses,  courtesy dental  hygienist licenses,                                                               
military  temporary  courtesy  licenses  for  both  dentists  and                                                               
dental hygienists, and  collaborative agreements between dentists                                                               
and dental hygienists.  She  highlighted that there would soon be                                                               
12 specialty  dentist license types from  legislation passed last                                                               
year.   She  advised that  all the  aforementioned items  require                                                               
separate  applications and  supporting documents.   In  addition,                                                               
she listed  the course types  that the board  approves, including                                                               
coronal  polishing  courses,  continuing  education  courses  for                                                               
dentists and for moderate sedation permit holders.                                                                              
                                                                                                                                
MS.  SAVIERS  emphasized  that  one  program  alone  can  require                                                               
significant knowledge from staff.   She stated that most programs                                                               
are  staffed by  one range  14 licensing  examiner, who  not only                                                               
handles all licensing duties but,  in many cases, also staffs the                                                               
board.    She  gave  examples   of  other  staff,  which  include                                                               
professional    counselors,     chiropractors,    physical    and                                                               
occupational therapists, massage  therapists, social workers, and                                                               
dental  practitioners.   She noted  that due  to the  legislation                                                               
passed last  year the  division is getting  a second  examiner to                                                               
reestablish specialty  licenses and  create an  advanced practice                                                               
permit for hygienists.                                                                                                          
                                                                                                                                
1:13:50 PM                                                                                                                    
                                                                                                                                
MS.  SAVIERS   explained  that   some  larger   programs  require                                                               
additional staff for licensing teams;  in example, nursing, which                                                               
has a 11-person team.  She  noted that the pharmacy, medical, and                                                               
construction contractor  programs also  have teams, but  they are                                                               
less  than  half the  size  of  the  nurse-licensing team.    She                                                               
explained that  the division is  receipt supported,  meaning that                                                               
per statute, fees  are set based on the cost  to run the program,                                                               
including  the  processing  of all  documents  and  applications,                                                               
answering  calls  and  e-mails,   staffing  board  meetings,  and                                                               
investigating complaints.                                                                                                       
                                                                                                                                
MS.  SAVIERS noted  that the  Professional Licensing  Section has                                                               
seen a 24 percent increase in  its workload over the last 4 years                                                               
and a  64 percent increase over  the last 10 years.   She advised                                                               
that  these  numbers  do  not  include other  work  done  by  the                                                               
section, including the processing  of submitted applications that                                                               
do not  result in a  license, applications for  course approvals,                                                               
processing of  supporting documents  and renewals,  responding to                                                               
e-mails  or  calls,  or  the  work  done  by  administrative  and                                                               
investigations  teams.   She said  that coupled  with the  severe                                                               
staffing  vacancies  and turnovers,  the  division  has seen  the                                                               
longest processing  times ever.   She suggested that  staffing is                                                               
getting  back  on  track,  and the  governor  would  be  granting                                                               
additional  positions in  the fiscal  year 2024  (FY 24)  amended                                                               
budget.    She  said  the  division  appreciates  the  additions;                                                               
however, there is more that can be done.                                                                                        
                                                                                                                                
1:15:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER  referenced   the   comment  about   the                                                               
additional staffing in FY 24.   He asked Ms. Saviers to enumerate                                                               
the additions and total cost.                                                                                                   
                                                                                                                                
MS. SAVIERS  answered that  additions in the  FY 24  budget would                                                               
include   six   administrative  assistants,   four   occupational                                                               
licensing  examiners  for   nursing,  medical,  and  professional                                                               
counselors,  and  one  licensing  and records  supervisor  to  be                                                               
assigned to the State Medical Board.   In response to a follow-up                                                               
question, she stated that the added  staff would also be used for                                                               
previously assigned duties.  She  explained that the division has                                                               
witnessed increases in  the programs to such a  degree that staff                                                               
are  needed in  order to  keep pace  with the  existing workload.                                                               
She   elaborated   that   the   division   needs   administrative                                                               
assistances in the  frontend, which would aid  examiners, so they                                                               
would be able to focus  on processing applications rather than on                                                               
handling paperwork.                                                                                                             
                                                                                                                                
1:16:43 PM                                                                                                                    
                                                                                                                                
MS. SAVIERS  returned to the  PowerPoint presentation on  slide 3                                                               
to show a  list of board regulated programs  within the division.                                                               
She said  there are  136 board  members, when  all the  seats are                                                               
filled.  She stated that there  are many meetings a year, so many                                                               
boards have weekly work that must  be completed.  She pointed out                                                               
that slide  4 lists  the 24 programs  regulated by  the division.                                                               
She  noted that  none  of  the numbers  of  license types  listed                                                               
include  military temporary  courtesy licenses,  which exist  for                                                               
most of the other programs.                                                                                                     
                                                                                                                                
MS. SAVIERS pointed attention to two  items listed.  The first is                                                               
the Prescription  Drug Monitoring Program (PDMP).   She explained                                                               
that, while  it is under the  Board of Pharmacy, it  is regulated                                                               
and managed  by the division.   This  is because it  requires its                                                               
own  staff separate  from the  Board  of Pharmacy  staff, with  a                                                               
hands-on  approach that  cannot  be provided  by volunteer  board                                                               
members.    She said  that  PDMP  currently impacts  six  boards,                                                               
including the Board of Pharmacy.   She noted that the second item                                                               
is the  telemedicine business registry,  which is a  registry for                                                               
businesses   providing  in-state   and  out-of-state   telehealth                                                               
services in Alaska.                                                                                                             
                                                                                                                                
1:18:12 PM                                                                                                                    
                                                                                                                                
MS. SAVIERS moved to slide 5  to explain UTL [as proposed by CSHB
85(L&C)].   She  said that  this  would allow  the department  to                                                               
issue  temporary licenses  to  qualified  professionals who  have                                                               
similar licenses  from other U.S.  jurisdictions or to  those who                                                               
meet  the requirements  for an  Alaska  license through  military                                                               
education,  training, service,  and are  not licensed  in another                                                               
jurisdiction.   She  noted  that this  change  would allow  these                                                               
individuals to begin  work faster in Alaska.  She  noted that the                                                               
changes made by the CS apply to this provision.                                                                                 
                                                                                                                                
MS.  SAVIERS  moved to  slide  6  to  explain how  an  individual                                                               
qualifies for  a UTL.   She said  that an individual  coming from                                                               
another jurisdiction would still have  to apply to the department                                                               
and  demonstrate his/her  license  is in  good  standing, or  the                                                               
individual would  need to qualify  through military  education or                                                               
training.   If a  criminal history  background check  is required                                                               
for  the profession  in Alaska,  this  would be  needed prior  to                                                               
issuing the  temporary license, and  the applicant would  have to                                                               
pay a  fee.  She explained  that an individual would  not be able                                                               
to obtain  one of these  licenses if the other  jurisdiction does                                                               
not have  substantially similar  requirements; the  individual is                                                               
currently  the  subject  of  disciplinary  action  in  the  other                                                               
jurisdiction; or the  individual has committed an  act in another                                                               
jurisdiction in  the last  10 years that  would have  prevented a                                                               
license in Alaska at the time of the act.                                                                                       
                                                                                                                                
1:20:19 PM                                                                                                                    
                                                                                                                                
MS.  SAVIERS,  in  response to  a  question  from  Representative                                                               
Rauscher, explained  that currently  boards have the  ability but                                                               
are not  required to  establish temporary  licenses, as  they all                                                               
have  different requirements  and meanings.   She  explained that                                                               
the  goal of  the proposed  legislation  would be  to repeal  the                                                               
existing definitions  for temporary  license and  streamline this                                                               
for all programs.  In response  to a follow-up question, she said                                                               
Section 27 of CSHB 85(L&C) would  list all statutes that would be                                                               
affected by the proposed legislation.                                                                                           
                                                                                                                                
1:22:49 PM                                                                                                                    
                                                                                                                                
MS. SAVIERS returned to the  presentation on slide 7.  Explaining                                                               
temporary  licensure,   she  stated  that  once   the  department                                                               
determines an applicant meets  the qualifications, these licenses                                                               
would be  valid for 180  days.  She said  there would also  be an                                                               
option for  a one-time  extension of another  180 days,  and this                                                               
would  be  when  a  temporary licensee  can  show  the  permanent                                                               
licensure is in  progress, but the individual has  been unable to                                                               
meet the  requirements within  the first  180-day period.   These                                                               
reasons may  include that the  courses were not yet  available or                                                               
information from  a third party had  not yet been received.   She                                                               
stated that holders  of these temporary licenses  must follow all                                                               
of Alaska's  statutes and regulations related  to the profession.                                                               
She pointed  out that  the department can  revoke a  license that                                                               
was    obtained   through    deceit,   fraud,    or   intentional                                                               
misrepresentation.                                                                                                              
                                                                                                                                
MS. SAVIERS  said of the  43 different professional  programs the                                                               
department licenses,  CSHB 85(L&C)  would cover  40.   She listed                                                               
the three  that are omitted:  licenses under the Board  of Marine                                                               
Pilots,  because  operating a  barge  or  cruise ship  in  Alaska                                                               
requires Alaska-specific  training; licenses  under the  Big Game                                                               
Commercial  Services Board,  because guiding  hunts in  Alaska is                                                               
not like  guiding hunts  anywhere else  due to  Alaska's animals,                                                               
terrain,   weather   patterns,   and  the   state's   laws;   and                                                               
professionals   covered  by   the  Board   of  Registration   for                                                               
Architects,  Engineers, and  Land  Surveyors,  because there  are                                                               
Alaska-specific things  concerning building in an  Arctic or sub-                                                               
Arctic climate.                                                                                                                 
                                                                                                                                
1:24:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY  questioned why construction  contractors and                                                               
home inspectors would not be included.                                                                                          
                                                                                                                                
MS.  SAVIERS   responded  that  the   department  did   not  flag                                                               
architects,  engineers, and  land surveyors  as being  a concern,                                                               
but rather the board had brought forward this concern.                                                                          
                                                                                                                                
1:25:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARPENTER asked  about  temporary licenses  being                                                               
valid for 180 days.   He asked if it takes 180  days to attain an                                                               
Alaska license that is not a temporary license.                                                                                 
                                                                                                                                
MS.  SAVIERS answered  no, and  she  explained that  if a  person                                                               
comes  to Alaska  from another  state, and  the requirements  are                                                               
higher in Alaska,  it might take six months to  attain the needed                                                               
education.   She also pointed out  that for a person  licensed in                                                               
all 50  states, it  would be  in the licensee's  hands as  to how                                                               
long it  takes for the  department to receive a  full application                                                               
packet.   She noted that  the Alaska Medical Board  would require                                                               
verification of hospital privileges  of every hospital the person                                                               
has worked  in, which  she said  could be  hundreds for  a person                                                               
that provides telemedicine.                                                                                                     
                                                                                                                                
REPRESENTATIVE  CARPENTER  referred  to slide  6,  regarding  the                                                               
application  process.    He asked  how  the  listed  requirements                                                               
compare to a normal Alaska license.                                                                                             
                                                                                                                                
MS. SAVIERS  responded that  it would depend  on the  program and                                                               
the  license type.   She  said that,  for example,  if there  are                                                               
eight  or nine  requirements  for permanent  licensure, the  goal                                                               
would be  for the person  to have the  ability to work  once five                                                               
requirements  have   been  met,  while  waiting   for  the  other                                                               
requirements.  She stressed that  this would vary individually by                                                               
license type.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  CARPENTER  questioned  the  verification  process                                                               
when  a person  is the  subject of  a disciplinary  proceeding or                                                               
review in another jurisdiction.                                                                                                 
                                                                                                                                
MS.  SAVIERS  answered  that  for  a  person  to  qualify  for  a                                                               
temporary  license, there  would  need to  be  a verification  of                                                               
licensure from  the other jurisdiction.   Because of the  ease of                                                               
document forgery,  she said, this information  must come directly                                                               
from the other state to the  department.  She said the plan would                                                               
be  to  use national  programs,  like  the National  Practitioner                                                               
Database, which  requires states  to report  disciplinary actions                                                               
taken  on individuals.   She  pointed out  that the  applications                                                               
would also  contain professional fitness questions,  like whether                                                               
the  person  has  undergone  disciplinary   action  or  has  been                                                               
convicted of  a crime.   If it is found  that a license  had been                                                               
obtained  through deceit  or  intentional misrepresentation,  the                                                               
department could revoke  this license.  In response  to a follow-                                                               
up  question, she  said  the  state still  has  the authority  to                                                               
revoke  regardless  of  whether   the  license  is  temporary  or                                                               
permanent.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  CARPENTER  offered  his understanding  that  CSHB
85(L&C)  would  create additional  work  for  the division.    He                                                               
questioned  whether the  state has  considered reducing  the time                                                               
necessary to license individuals in the first place.                                                                            
                                                                                                                                
MS.  SAVIERS  responded, "You  are  hitting  it  spot on."    She                                                               
indicated  she  would  address  this in  upcoming  slides.    She                                                               
suggested  that temporary  licensure  would  become an  automatic                                                               
part of the permanent licensure  process; therefore, it is not an                                                               
additional license, just  an indication as to  whether the person                                                               
wants a  temporary or permanent  license.   She said the  idea of                                                               
the proposed legislation is to  prevent an increase in the number                                                               
of applications  that staff  must process;  instead, it  would be                                                               
the  same  license  filed  that would  shift  from  temporary  to                                                               
permanent when the time comes.                                                                                                  
                                                                                                                                
1:31:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER asked  for  the  reason behind  allowing                                                               
applicants to apply for a 180-day extension.                                                                                    
                                                                                                                                
MS.  SAIVERS  responded  that   applications  are  often  delayed                                                               
because pieces  are coming from a  third party, such as  a school                                                               
or hospital  in another state,  and the department does  not want                                                               
to penalize  the applicant if the  delay is due to  something out                                                               
of the applicant's control.                                                                                                     
                                                                                                                                
1:32:26 PM                                                                                                                    
                                                                                                                                
MS.  SAVIERS moved  to slide  8 and  pointed out  that Alaska  is                                                               
experiencing  a workforce  shortage  in several  fields, and  she                                                               
advised  that it  is  time  to streamline  the  process to  allow                                                               
qualified professionals to be able  to work quickly in the state.                                                               
She said that processing times  are lengthening for many programs                                                               
because of the 64 percent  increase in the number of professional                                                               
licenses in the  last decade, compounded by  record high staffing                                                               
shortages  and  turnover  rates  in  the last  few  years.    She                                                               
reported  that  there  have   been  significant  improvements  in                                                               
staffing, but the workload is still heavy.                                                                                      
                                                                                                                                
MS. SAVIERS explained  that UTL is being adopted  by many states,                                                               
and  Alaska needs  to use  every option  available to  safely get                                                               
qualified licensed professionals  to work in Alaska  sooner.  For                                                               
professionals  looking for  permanent  licensure  in Alaska,  she                                                               
said   the  department   would   issue   the  temporary   license                                                               
automatically if the applicant met  the qualifications as part of                                                               
the permanent licensure process, which  would reduce the need for                                                               
multiple applications.  She added  that for professionals looking                                                               
to come  to Alaska  for 180  days or  less, the  department would                                                               
issue  a temporary  license  when the  required  items have  been                                                               
received  and  processed.    She  asserted  that  conducting  the                                                               
program this way versus an  "express line" for temporary licenses                                                               
would  get people  to work  quicker without  the increase  in the                                                               
number of applications that staff must process.                                                                                 
                                                                                                                                
MS. SAVIERS  moved to slide 8,  titled "Why is UTL  Needed?"  She                                                               
pointed  out that  currently  all boards  have  the authority  to                                                               
offer temporary  licenses under AS  08.01.062, but only  some do.                                                               
She stated that this provision  would be repealed under Section 1                                                               
of  CSHB  85(L&C),  and  a  standardized,  streamlined  temporary                                                               
licensure process would be created,  with requirements that would                                                               
be the same across all programs.   She asserted that Alaska needs                                                               
to  promote the  fact it  is "open  for business,"  by making  it                                                               
easier for  qualified licensees in  good standing to come  to the                                                               
state  to fill  vacancies and  assist  residents in  the need  of                                                               
services.                                                                                                                       
                                                                                                                                
1:35:28 PM                                                                                                                    
                                                                                                                                
MS. SAVIERS moved to slide 9 to  explain how UTL would help.  She                                                               
relayed  that the  State Medical  Board and  the Alaska  Board of                                                               
Nursing has led  the way in making temporary permits  part of the                                                               
permanent licensure  process.  Although temporary  licensure does                                                               
require  some  additional  tracking beyond  what  was  previously                                                               
needed for  the permanent  license, it  would also  eliminate the                                                               
need  for  professionals  to  submit   applications  for  both  a                                                               
temporary and  permanent license.   This would reduce  the number                                                               
of  applications that  staff must  process for  the same  person.                                                               
She   explained  that   this   regulation   change  would   allow                                                               
physicians,   physician   assistants,  registered   nurses,   and                                                               
practical  nurses to  work in  Alaska  while licensing  examiners                                                               
wait on  verifications from third  parties.  She said  that under                                                               
Senate Bill 21  the state currently has  similar provisions under                                                               
the temporary  military licenses offered to  active-duty military                                                               
members and their spouses.                                                                                                      
                                                                                                                                
MS. SAVIERS  pointed out that  UTL would reduce  processing times                                                               
by  creating a  standardized concept  across all  programs.   She                                                               
reiterated  that because  professionals will  be able  to specify                                                               
when  only a  temporary license  is needed,  staff time  would be                                                               
saved  by   not  having  to   address  the   permanent  licensure                                                               
requirements.  She voiced that  the division would like to expand                                                               
this process for all professional licensures.                                                                                   
                                                                                                                                
1:37:21 PM                                                                                                                    
                                                                                                                                
MS. SAVIERS moved  to slide 10 and discussed  compact bills being                                                               
considered  this session,  such  as the  Nurse Licensure  Compact                                                               
(NLC).   She  pointed out  the  difference between  the UTL  laws                                                               
versus  interstate  license  compacts.     She  stated  that  the                                                               
division  is looking  both internally  to  find efficiencies  and                                                               
externally to speed  up professional licensing.   She stated that                                                               
UTLs and  compacts are all  tools to help with  processing times.                                                               
In  addressing  the nursing  shortage,  she  said the  department                                                               
still  sees NLC  as the  very best  option to  reduce application                                                               
processing times.   She added  that UTL would complement  NLC, as                                                               
it would  allow a pathway  for qualified nurses  from non-compact                                                               
states to  obtain a  temporary license quickly  and get  to work.                                                               
Furthermore, NLC is specific to  registered and practical nurses,                                                               
whereas UTL applies to 40  professional licensing programs within                                                               
the division.                                                                                                                   
                                                                                                                                
MS. SAVIERS  moved to slide 11  to showcase the states  that have                                                               
enacted some form  of UTL law.  She stated  that according to the                                                               
Council of  State Governments,  as of May  2022, 18  other states                                                               
have  already enacted  some type  of UTL  laws for  professionals                                                               
licensed  by other  states.   She concluded  the presentation  on                                                               
slide   12   by   providing  Director   Sylvan   Robb's   contact                                                               
information.                                                                                                                    
                                                                                                                                
1:39:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER asked whether  a nurse practitioner would                                                               
fall under UTL.                                                                                                                 
                                                                                                                                
MS. SAVIERS answered yes and  explained that a nurse practitioner                                                               
would fall  under the temporary  license category but  would need                                                               
to  attain  a registered  nurse  license  first  in Alaska.    In                                                               
response to a follow-up question, she  said this would apply to a                                                               
person who  was licensed in another  state but wanted to  move to                                                               
Alaska and do the same job.                                                                                                     
                                                                                                                                
REPRESENTATIVE RAUSCHER  pointed out  that there are  already 180                                                               
days in a UTL, as well as another  180 days in the extension.  He                                                               
asked  whether it  would be  possible for  a person  who has  had                                                               
action taken against him/her in another state to work in Alaska.                                                                
                                                                                                                                
MS.  SAVIERS  answered that  the  way  the  law is  written,  the                                                               
individual would not be able to  unless there is a blatant lie on                                                               
the application.   She  explained that  the department  would ask                                                               
the  individual  whether  there   are  any  pending  disciplinary                                                               
actions or  investigations against the individual's  license.  If                                                               
the applicant responds  in the negative, and it is  later found a                                                               
license was obtained through deceit, action would be taken.                                                                     
                                                                                                                                
1:41:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER   expressed  concern  that   making  this                                                               
process faster,  reviews would  be fewer and  looser.   He opined                                                               
that if  the UTL process  envisioned is  good, it should  be used                                                               
for all licenses; otherwise, the state  should not use it for any                                                               
licenses.   He asked whether  there are enough resources  for the                                                               
current applications.  If not,  he questioned whether a temporary                                                               
group  of   full-time  staff  might  help   reduce  the  backlog.                                                               
Furthermore, he questioned  what the benefit would  be in issuing                                                               
temporary  licenses over  issuing  just  temporary and  permanent                                                               
licenses.                                                                                                                       
                                                                                                                                
MS.  SAVIERS responded  that this  would apply  to a  person that                                                               
meets  a specific  set of  requirements.   The  person must  have                                                               
worked  in  another  state  and   have  no  disciplinary  action,                                                               
convictions,  or  pending  investigations.    She  expressed  the                                                               
opinion that this  would not be the case for  all applicants, and                                                               
she asserted  that the division  is comfortable with the  idea of                                                               
"squeaky-clean" applicants  coming in on a  temporary basis while                                                               
their credentials  are verified.   Conversely,  for a  person who                                                               
has not worked in another  state, there are other requirements to                                                               
ensure the  education and the  training have been obtained.   She                                                               
explained that those  who have had disciplinary  actions in other                                                               
states  need to  have  this  resolved, and  the  board needs  the                                                               
ability  to review  such  information.   She  explained that  the                                                               
division is  attempting to balance  speed with  filling vacancies                                                               
in the  state, while  also ensuring  that public  safety measures                                                               
are retained.                                                                                                                   
                                                                                                                                
REPRESENTATIVE   SADDLER  discussed   the  advantage   of  giving                                                               
deference to an  applicant's assertion of a clean  record, so the                                                               
applicant would  not have  to wait  two to  three months  for the                                                               
division's  investigation before  working.   He  asked if  giving                                                               
more deference  to the  applicant would be  the advantage  of the                                                               
proposed legislation.                                                                                                           
                                                                                                                                
MS. SAVIERS  answered that if  the applicant appears to  be clean                                                               
in  another  state,  the  division will  trust  this  and  verify                                                               
afterwards; whereas, if  the division must verify  ahead of time,                                                               
having deference would be an advantage of CSHB 85(L&C).                                                                         
                                                                                                                                
1:45:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY shared that he  arrived in California in 2013                                                               
and applied  for a physician  assistant license.  He  stated that                                                               
he  had a  license  within three  weeks and  began  working.   He                                                               
continued that  when he moved to  Alaska in 2017, he  was working                                                               
for  the  Alaska  Veterans  Administration   (VA)  and  the  Army                                                               
National Guard,  both of which  accepted his  California license.                                                               
He  explained  that  an  Alaska license  took  almost  180  days;                                                               
therefore,  he expressed  gratitude that  he could  work for  the                                                               
federal  government with  the California  license.   He expressed                                                               
the opinion  that this  would be the  benefit from  CSHB 85(L&C).                                                               
He opined  whether any state  has enacted UTL, and  then repealed                                                               
it.                                                                                                                             
                                                                                                                                
1:46:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARPENTER, concerning  the concept  of issuing  a                                                               
license  and  then  double-checking it,  questioned  whether  the                                                               
systemic review would  need to happen in  the regulatory process.                                                               
He stressed  that it should not  take 180 days to  get a license.                                                               
He said  a fundamental question  needs to  be asked: Would  it be                                                               
truly  risk free  for the  state  to have  the responsibility  to                                                               
ensure a  person is certified  to conduct  work?  He  argued that                                                               
the employer  has the  responsibility to  ensure that  the people                                                               
they hire  can do  the job.   If the employer  were to  provide a                                                               
probationary period,  he asked whether  the state would  need 180                                                               
days and bureaucracy costs to do this.                                                                                          
                                                                                                                                
MS. SAVIERS  responded that this  question comes down to  what is                                                               
in statute  and what is addressed  by the boards.   She said that                                                               
right now  the division meets  the requirements that are  in law;                                                               
however,  it  cannot issue  a  license  to  a person  until  that                                                               
requirement is met.   She expressed the opinion  that the balance                                                               
would be finding  the line between efficiency  and public safety.                                                               
She said  that employers do  indeed have the  responsibility, but                                                               
as to whether all of them  follow this, she expressed the opinion                                                               
that  they would  not.   She pointed  out that  there would  be a                                                               
vetting process  in a  hospital; however,  for a  small employer,                                                               
she expressed uncertainty concerning the process.                                                                               
                                                                                                                                
1:49:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER   referenced   the  comment   that   the                                                               
administration's  budget  would   add  additional  administrative                                                               
staff  with the  aim  of  addressing the  workload  backlog.   He                                                               
suggested that  CSHB 85(L&C) would  add to the  existing workload                                                               
with the  task of comparing  all the different license  types and                                                               
programs from  other states.   He asserted  that only one  or two                                                               
people doing this work would be a challenge.                                                                                    
                                                                                                                                
MS. SAVIERS  responded that the  fiscal note shows a  request for                                                               
two  positions: a  paralegal,  who will  review  laws from  other                                                               
states when  there are  questions, and  a project  assistant, who                                                               
will ensure  that a  log is  kept when  research is  carried out.                                                               
She  expressed confidence  that the  division would  only request                                                               
the positions  it would need.   She surmised that the  work would                                                               
be possible with the two positions;  however, if it is found that                                                               
the  workload is  larger  than expected,  the  division would  be                                                               
willing to come back before the legislature and admit this.                                                                     
                                                                                                                                
REPRESENTATIVE SADDLER  offered his understanding  that initially                                                               
the two  positions would be  added using general  funds; however,                                                               
the revised  fiscal note suggests  that they would be  funded via                                                               
program  receipts.    He  asked  how  the  division  proposes  to                                                               
allocate the costs for the  additional staff across the different                                                               
licensures.                                                                                                                     
                                                                                                                                
MS.  SAVIERS said  the division  has a  number of  positions that                                                               
support  all programs,  so those  are  considered indirect  costs                                                               
when looking  at the  program or board's  cost report.   Indirect                                                               
costs  cover management,  for example.   Further,  she said  that                                                               
staff who do  not specifically work on individual  programs for a                                                               
long time are spread out across the department.                                                                                 
                                                                                                                                
REPRESENTATIVE SADDLER  predicted that if CSHB  85(L&C) is passed                                                               
with the  accompanying fiscal  note, the  division would  be back                                                               
next year seeking more funding.                                                                                                 
                                                                                                                                
1:52:33 PM                                                                                                                    
                                                                                                                                
CHAIR WRIGHT  informed members that a  committee substitute would                                                               
be drafted.                                                                                                                     
                                                                                                                                
[CSHB 85(L&C) was held over.]                                                                                                   
                                                                                                                                
1:52:50 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special Committee  on Military and Veterans'  Affairs meeting was                                                               
adjourned at 1:52 p.m.