Legislature(2005 - 2006)SENATE FINANCE 532
03/01/2006 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB207 | |
| SB253 | |
| SB254 | |
| SB255 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 207 | TELECONFERENCED | |
| + | SB 253 | TELECONFERENCED | |
| + | SB 254 | TELECONFERENCED | |
| + | SB 255 | TELECONFERENCED | |
| + | TELECONFERENCED |
MINUTES
SENATE FINANCE COMMITTEE
March 1, 2006
9:07 a.m.
CALL TO ORDER
Vice Chair Con Bunde convened the meeting at approximately
9:07:50 AM.
PRESENT
Senator Con Bunde, Vice Chair
Senator Fred Dyson
Senator Bert Stedman
Senator Donny Olson
Senator Lyman Hoffman
Also Attending: SENATOR GARY STEVENS; TOM MAHER, Staff to
Senator Gene Therriault, PAT DAVIDSON, Director, Division of
Legislative Audit; RICK URION, Director, Division of
Corporations, Business and Professional Licensing, Department of
Community and Economic Development;
Attending via Teleconference: From Kodiak: NORM WOOTEN, Member,
Kodiak Chamber of Commerce; SUE JEFFERY, Member, Kodiak Chamber
of Commerce; PAT BRANSON, President, Kodiak Chamber of Commerce,
and Assembly Member, Kodiak Island Borough; From Mat-Su: SUNDI
HONDL, President, Alaska Physical Therapy Association; From
Anchorage: PATRICIA MCADOO, Physical Therapist
SUMMARY INFORMATION
SB 207-AK AEROSPACE DEVEL. CORP BD MEMBERSHIP
The Committee heard from the sponsor and the Kodiak Chamber of
Commerce. A committee substitute was adopted and the bill
reported from Committee.
SB 253-EXTEND BOARD OF CHIROPRACTIC EXAMINERS
The Committee heard from the sponsor. The bill was reported from
Committee.
SB 254-EXTEND PT & OCCUPATIONAL THERAPY BOARD
The Committee heard from the sponsor and representatives of the
profession. The bill was reported from Committee.
SB 255-OPTOMETRY: EXTEND BD/ LIC. ENDORSEMENT
The Committee heard from the sponsor, the Division of
Legislative Audit and the Department of Commerce, Community and
Economic Development. An amendment was amended and adopted and
the bill was reported from Committee.
9:08:07 AM
CS FOR SENATE BILL NO. 207(L&C)
"An Act relating to the membership on the board of
directors of the Alaska Aerospace Development Corporation."
This was the second hearing for this bill in the Senate Finance
Committee.
Senator Stedman moved for adoption of CS SB 207, 24-LS1208\I, as
a working document.
9:08:15 AM
Vice Chair Bunde objected to the motion to explain that the
committee substitute represents a compromise and would enable
the fiscal note to be zero. The committee substitute would
provide a requirement that residents of Kodiak would hold two
seats on the board of the Alaska Aerospace Development
Corporation (AADC). If no local residents applied for a seat,
another Alaskan resident could fill the vacancy.
9:08:55 AM
SENATOR GARY STEVENS, sponsor of the bill, supported the
requirement that Kodiak residents would hold two seats. This has
been the historical practice. Local representation is important
due to the issues regarding access and impacts to beaches and
other areas near the launch facility. He had held a non-voting
seat on the board but found it difficult to serve without voting
privileges and therefore resigned from the position. This
legislation would have no fiscal impact. The practice of local
representation has been successful in the past and no reason
exists why it would not be successful in the future.
9:10:33 AM
Senator Stedman asked if the seats held by local residents would
be designated.
9:10:44 AM
Senator G. Stevens replied that a Kodiak resident could hold any
seat on the board provided that local residents hold two seats.
9:11:03 AM
Vice Chair Bunde called upon testifiers.
9:11:20 AM
NORM WOOTEN, Member, Kodiak Chamber of Commerce, testified via
teleconference from Kodiak in support of the bill and in support
of the specification that local residents would hold seats.
9:11:50 AM
SUE JEFFERY, Member, Kodiak Chamber of Commerce, testified via
teleconference from Kodiak to the importance of designating two
seats on the board for local residents. This would ensure that
the board has a "closer ear to the ground in Kodiak" to abate
problems before they arise. Oftentimes, conflicts are due to a
lack of communication that led to the problems.
9:12:58 AM
PAT BRANSON, President, Kodiak Chamber of Commerce, and Assembly
Member, Kodiak Island Borough, testified via teleconference from
Kodiak, that the AADC has a significant impact on the local
community, economically and in other ways. The designated seats
provide a link between the board and the community. It also
somewhat relieves the chair and the chief executive officer of
the burden of attempting to ascertain and meet the needs of the
community. The AADC is an important aspect of Kodiak Island.
9:15:19 AM
Senator Olson asked how often board decisions were divided and
the presence of two locals would "tip the balance".
9:15:57 AM
Senator G. Stevens responded that traditionally the board
membership has always been comprised of two local residents.
Only recently, with the resignation of a member who was a local
resident and the replacement of that seat by a non-local
resident, has this not been the case. In the two years that
Senator G. Stevens served on the board, no issues were decided
by a close vote. The board has usually agreed on matters before
it. The purpose of the designated seats is to receive community
input and to provide feedback to the community on AADC
activities and to inform the community of when and why access
closures are necessary.
9:17:20 AM
Senator Olson asked why the bill sponsor found serving as a non-
voting member frustrating.
9:17:32 AM
Senator G. Stevens explained that he held one of two non-voting
seats designated for legislators. His frustration was borne from
his interest in having a voice in decision making, not because
of any controversy in board actions.
9:18:11 AM
Vice Chair Bunde removed his objection to the adoption of the
committee substitute and Version "I" was ADOPTED without further
objection.
Senator Dyson offered a motion to report CS SB 207, 24-LS1208\I,
from Committee with individual recommendations and a new fiscal
note.
9:18:39 AM
There was no objection and CS SB 207 (FIN) was MOVED from
Committee with a zero fiscal note dated 2/28/06 from the
Department of Commerce, Community and Economic Development.
9:18:50 AM
SENATE BILL NO. 253
"An Act extending the termination date for the Board of
Chiropractic Examiners; and providing for an effective
date."
This was the first hearing for this bill in the Senate Finance
Committee.
TOM MAHER, Staff to Senator Gene Therriault, paraphrased from
the sponsor statement [copy on file] informing that the
Legislative Audit Division conducted the scheduled audit of the
Board of Chiropractic Examiners incorporating revisions made to
the "sunset process" during the previous legislative session.
These revisions include changing the lapse date of this board
from "not to exceed four years" to "not to exceed eight years".
In addition, to better measure operational performance, two new
criteria were added to statute that must be considered in the
course of a sunset review by the auditors: the extent to which
the board, commission, or agency has effectively attained its
objectives and the efficiency with which it has operated; and
the extent to which the board, commission or agency duplicates
the activities of another governmental agency or the private
sector.
Mr. Maher reported that the Division of Legislative Audit
concluded that the Board of Chiropractic Examiners operates in
the public's best interest and should continue to regulate
chiropractors. The Board safeguards the public interest by
promoting the competence and integrity of those who practice in
this field and continues to improve its effectiveness and ensure
chiropractors are licensed in the State of Alaska.
Mr. Maher stated that this legislation would extend the lapse
date of the Board eight years from June 30, 2006 to June 30,
2014.
Mr. Maher noted that the audit made no other recommendations to
the legislature regarding this Board.
Mr. Maher informed that the fiscal note accompanying this
legislation reflects projected future costs of the Board's
operations. Governor Murkowski's proposed FY 07 operating budget
contains funding for this Board's operations in FY 07.
9:21:14 AM
Vice Chair Bunde pointed out that the operations would be funded
with Receipt Supported Services. Like many other State boards
and commissions, this board is self-supporting.
9:21:39 AM
Senator Stedman offered a motion to report the bill from
Committee with individual recommendations and accompanying
fiscal note.
Without objection SB 253 was MOVED from Committee with a zero
fiscal note #1 from the Department of Commerce, Community and
Economic Development.
9:21:54 AM
SENATE BILL NO. 254
"An Act extending the termination date for the State
Physical Therapy and Occupational Therapy Board; and
providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
TOM MAHER, Staff to Senator Gene Therriault, paraphrasing from
the sponsor statement [copy on file], testified that a scheduled
audit conducted by the Division of Legislative Audit concluded
that the Physical Therapy and Occupational Therapy Board is
operating in the public's best interest and should continue to
regulate the physical and occupational therapists. The Board
safeguards the public interest by promoting the competence and
integrity of those who practice in this field and continues to
improve its effectiveness and ensure therapists are licensed in
the State of Alaska.
Mr. Maher explained that this legislation would extend the lapse
date of the Board by eight years from June 30, 2006 to June 30,
2014.
Mr. Maher reported that the audit contained no other
recommendations pertaining to this Board.
Mr. Maher informed that the fiscal note accompanying this
legislation reflects projected future costs of the Board's
operations. Governor Murkowski's proposed FY 07 operating budget
contains funding for this Board's operations in FY 07.
9:23:05 AM
SUNDI HONDL, President, Alaska Physical Therapy Association,
testified via teleconference from Mat-Su in support of the
continuation of the Board.
9:24:03 AM
PATRICIA MCADOO, Physical Therapist, testified via
teleconference from Anchorage that she supported this bill.
Because physical therapy education could not be obtained in
Alaska, a "strong" Board is important. This Board is one of the
most respected and hard working bodies of this type in the
country. The Board process is an investment in the protection of
Alaskans.
9:25:15 AM
Senator Stedman offered a motion to report the bill from
Committee with individual recommendations and accompanying
fiscal note.
Vice Chair Bunde noted that this Board, like most of the State
boards and commissions, is self-supporting.
There was no objection and SB 254 was MOVED from Committee with
zero fiscal note #1 from the Department of Commerce, Community
and Economic Development.
9:25:51 AM
CS FOR SENATE BILL NO. 255(L&C)
"An Act extending the termination date for the Board of
Examiners in Optometry; amending the licensing endorsement
and renewal provisions for optometrists; and providing for
an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
TOM MAHER, Staff to Senator Gene Therriault, read the sponsor
statement into the record as follows.
This legislation stems from recommendations contained in
the Legislative Audit Report entitled, "Department of
Commerce, Community and Economic Development, Board of
Examiners in Optometry Sunset Audit", dated September 27,
2005 [copy on file.]
Legislative Audit concluded that the Board of Examiners in
Optometry (BEO) continues to serve a public need and is
operating in the public best interest. The regulation and
licensing of qualified optometrists is necessary to protect
the public's health, safety and welfare. Further, the BEO
has operated effectively, adopted regulatory changes and
supported legislation that improved its oversight process
and promoted more effective regulation of licensed
optometrists. Accordingly, SB 255 extends the sunset date
for the BEO to June 30, 2014 for an eight-year extension.
Legislative Audit also recommended that the Legislature
amend the optometry statutes to ensure they support current
license endorsement for the diagnostic use of
pharmaceutical agents. Currently, statutory language
provides for a single endorsement for both prescribe and
use. However, the BEO is issuing two types of endorsements.
The first allows a practitioner to both prescribe and use
pharmaceutical agents and the second type of endorsements
allows a practitioner "use" only. Current law does not
authorize the use only endorsement. SB 255 corrects this
situation by adding a section authorizing a use only
endorsement and also "grandfathers" in the practitioners
that were given that endorsement over the years.
Finally, the Senate Labor and Commerce Committee approved
an amendment offered by the Department of Commerce,
Community and Economic Development that deleted the
statutory cite requiring 24 hours of continuing education
instruction, allowing the Board to establish through
regulation, the number of hours without amending statute.
This amendment was requested by the BEO in its response to
the audit.
Mr. Maher stated that the operational expenses of this Board
would not change as a result of the changes made.
9:29:14 AM
Senator Olson asked if additional witnesses were present to
testify to this bill.
9:29:24 AM
Vice Chair Bunde answered that no others had signed up to
testify.
9:29:27 AM
Senator Olson asked about the endorsements allowing optometrists
to use pharmaceuticals but not prescribe them.
9:30:03 AM
Mr. Maher replied that this proposed change would correct a
situation already occurring in which the Board issues such
endorsements.
9:30:15 AM
PAT DAVIDSON, Director, Division of Legislative Audit, recalled
that during the early 1990s, statutes were changed to allow
optometrists to use and prescribe pharmaceutical agents.
However, the legal interpretation of this provision stipulated
that the optometrist must practice both use and prescription.
The proposed change would provide an endorsement for
optometrists intending to only use pharmaceuticals and not
prescribe them.
9:31:26 AM
Senator Olson asked if optometrists have commented on the use
and prescription of pharmaceuticals.
9:31:41 AM
Ms. Davidson told of extensive discussion on the matter during
the 1990s when the statute was originally amended to allow the
practice. The issue before the Committee in this legislation
pertains to endorsement for use only.
Ms. Davidson explained that the career span of most practicing
optometrists is approximately 30 years. Education of optometry
has only included instruction on the dispensing of prescriptions
for the past ten to 15 years. Some practitioners do not feel
adequately trained to prescribe medications.
9:32:59 AM
Senator Olson asked if the endorsement is limited to topical
medication or includes systemic medications.
9:33:24 AM
Ms. Davidson had not researched the matter for this hearing, as
the provision is already law.
9:33:48 AM
Senator Dyson shared that he had learned that the endorsement
only extends to topical pharmaceuticals.
9:33:59 AM
Senator Dyson asked the purpose of the addition of the provision
pertaining to postgraduate continuing education in Section 4 of
the committee substitute.
9:34:37 AM
Mr. Maher responded that the Senate Labor and Commerce adopted
the change at the request of the Board.
9:34:47 AM
Ms. Davidson furthered that the intent is to eliminate the
statutorily determined number of hours of continuing education
required. This provision would direct the Board to determine the
appropriate number of hours through the regulatory process.
9:35:33 AM
RICK URION, Director, Division of Corporations, Business and
Professional Licensing, Department of Commerce, Community, and
Economic Development, requested additional changes to be made to
the bill. He did not propose these amendments when the Senate
Labor and Commerce Committee was hearing the bill because some
legislators "came to the erroneous opinion" that sunset
legislation should only address the extension of lapse dates and
should propose no changes to the conditions of the entity being
audited. He disagreed with this position, asserting that the
scheduled lapse extensions were an opportunity to implement
necessary changes. Once the term of an entity was extended no
further attention was paid to matters pertaining to that entity.
AT EASE 9:37:18 AM
9:37:49 AM
Amendment #1: This amendment deletes "president" and inserts
"chair" in subsection (c)(1) of AS 08.72.060. Miscellaneous
powers and duties of board. The amended statute reads as
follows.
(c) The board shall
(1) elect a chair [PRESIDENT] and secretary from
among its members…
This amendment also inserts new subparagraphs to AS 08.72.140.
Qualifications for examination., which stipulates the conditions
an applicant must meet to take the examination. The inserted
language reads as follows.
(3) has not committed an act in any jurisdiction
that would have constituted a violation of this chapter or
regulation adopted under this chapter at the time the act
was committed; and
(4) has not been disciplined by an optometry
licensing entity in another jurisdiction and is not the
subject of a pending disciplinary proceeding conducted by
an optometry licensing entity in another jurisdiction;
however, the board may consider the disciplinary action and
in its discretion determine if the person is qualified to
be admitted to the examination.
This amendment also inserts language to subparagraph (8) of AS
08.72.170. Licensure by credentials., which stipulates the
conditions an applicant must meet to receive a license by
credentials. The amended language reads as follows.
(8) has not been disciplined by an optometry
licensing entity in another jurisdiction and is not the
subject of a pending disciplinary proceeding conducted by
an optometry licensing entity in another jurisdiction;
however, the board may consider the disciplinary action and
in its discretion determine if the person is qualified for
licensure.
This amendment also deletes subparagraph (6) of AS 08.72.181.
Fees., pertaining to the fees the Department would set. The
deleted language reads as follows.
[(6) BRANCH OFFICE LICENSE AND RENEWAL]
This amendment also deletes AS 08.72.274. Exemption., from
statute. The deleted language reads as follows.
[AS 08.72.274. EXEMPTION. EXCEPT FOR AS 08.72.275,
THIS CHAPTER AND REGULATIONS ADOPTED UNDER THIS CHAPTER DO
NOT LIMIT THE PRACTICE OF AN OPTICIAN LICENSED UNDER AS
08.71.]
New Text Underlined [DELETED TEXT BRACKETED]
Senator Dyson moved for adoption.
Vice Chair Bunde objected for an explanation.
Mr. Urion stated that the Board requested the changes proposed
in this amendment during the audit process. The proposed changes
were endorsed by the "audit process" but were not included in
the Division of Legislative Audit recommendations.
Mr. Urion characterized the changes as housekeeping amendments
that would allow the board to "better license people and get
people to work" and would provide discretion to the board in
determining whether to license applicants by their credentials
or by examination.
Mr. Urion noted the change of title of the board leadership
position from "president" to "chair" would be consistent with
other law in which the governor could appoint a person to the
seat.
Mr. Urion stated that the Division no longer licenses branch
offices and therefore the setting of a fee for this service is
not applicable.
9:39:29 AM
Senator Olson asserted that the proposed statutory change
pertaining to board discretion regarding disciplinary actions
taken in other jurisdictions would be significant. He asked the
historical position of the board in dealing with disciplinary
actions against an optometrist.
9:39:58 AM
Mr. Urion read a statement made by the president of the board,
"Currently there is nothing in the practice act authorizing the
board to deny or put stipulations on new licenses by
examination." Mr. Urion explained that the board currently has
no such discretion, which the adoption of this amendment would
allow.
9:40:25 AM
Senator Olson asked the purpose of the board if almost every
applicant would be guaranteed a license.
9:40:41 AM
Mr. Urion corrected that not every applicant would receive a
license. The proposal would provide discretion to the board to
make determinations. The disciplinary action taken in another
jurisdiction could have been for an offense not identified as
such in Alaska statute, or the offence could have occurred
several years prior, or been a minor offense.
9:41:01 AM
Senator Olson asked the number of optometrists disciplined
during Mr. Urion's tenure with the Division.
9:41:18 AM
Mr. Urion answered, "Not very many if any."
9:41:23 AM
Senator Dyson appreciated the presentation of the amendment. He
declared a potential conflict of interest in that his personal
optician is the current president of the board, is politically
active in local affairs and Senator Dyson has contributed to his
campaigns.
9:42:12 AM
Senator Olson asked about the deletion of certain fees.
9:42:20 AM
Mr. Urion reiterated that only the fees pertaining to the branch
office would only be eliminated.
9:42:54 AM
Ms. Davidson had reviewed the amendment and noted that although
most of the changes appear to be "housekeeping", she was unsure
about the consequences of repealing AS 08.72.274. Exemption.,
from statute. This statute provides exemptions "except for AS
08.72.275". The referenced statute, AS 08.72.275 applies to both
opticians and optometrists and provides an exemption to the
standard specification of eyewear that a licensee could
dispense, including nonflammable and plastic coated lenses.
Eyewear that did not meet the standard specification could be
dispensed at the written request of the patient under this
statute. Ms. Davidson was unsure whether the repeal of AS
08.72.274 would eliminate this exemption for some practitioners.
She was unaware of current practice in this matter.
9:45:38 AM
Vice Chair Bunde stated that additional time could be spent to
address these concerns or the amendment could be amended to
remove the proposed repeal of AS 08.72.274.
9:45:50 AM
Mr. Urion preferred the latter.
9:46:04 AM
Senator Stedman offered a motion to amend the amendment to
delete the language that would repeal AS 08.72.274.
There was no objection and the amendment was AMENDED.
9:46:19 AM
Without further objection Amendment #1 as amended was ADOPTED.
9:46:26 AM
Senator Dyson offered to sponsor an amendment to repeal the
statute when the full Senate body considered this bill if the
determination was made that the repeal would have no unintended
consequences.
9:47:20 AM
Senator Stedman offered a motion to report CS SB 255(L&C), as
amended, from Committee with individual recommendations and
accompanying fiscal note.
There was no objection and CS SB 255 (FIN) was MOVED from
Committee with zero fiscal note #1 from the Department of
Commerce, Community and Economic Development.
ADJOURNMENT
Vice-Chair Con Bunde adjourned the meeting at 9:47:47 AM
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