Legislature(2021 - 2022)BELTZ 105 (TSBldg)
03/07/2022 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB186 | |
| SB222 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 186 | TELECONFERENCED | |
| *+ | SB 222 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
March 7, 2022
1:31 p.m.
MEMBERS PRESENT
Senator Peter Micciche, Acting Chair
Senator Gary Stevens
Senator Elvi Gray-Jackson
MEMBERS ABSENT
Senator Mia Costello, Chair
Senator Joshua Revak, Vice Chair
COMMITTEE CALENDAR
SENATE BILL NO. 186
"An Act extending the termination date of the Board of Examiners
in Optometry; and providing for an effective date."
- MOVED SB 186 OUT OF COMMITTEE
SENATE BILL NO. 222
"An Act extending the termination date of the State Physical
Therapy and Occupational Therapy Board; and providing for an
effective date."
- MOVED SB 222 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 186
SHORT TITLE: EXTEND BOARD OF EXAMINERS IN OPTOMETRY
SPONSOR(s): SENATOR(s) STEVENS
02/09/22 (S) READ THE FIRST TIME - REFERRALS
02/09/22 (S) L&C, FIN
03/07/22 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 222
SHORT TITLE: EXTEND PT & OCCUPATIONAL THERAPY BOARD
SPONSOR(s): SENATOR(s) GRAY-JACKSON
02/22/22 (S) READ THE FIRST TIME - REFERRALS
02/22/22 (S) L&C, FIN
03/07/22 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 186 on behalf of the sponsor.
KRIS CURTIS, Legislative Auditor
Division of Legislative Audit
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the sunset audit for the Board of
Examiners in Optometry during the hearing on SB 186.
DR. DAMIEN DELZER, Chair
Board of Examiners in Optometry
Fairbanks, Alaska
POSITION STATEMENT: Testified by invitation in support of SB
186.
DR. STEVEN DOBSON, Founder
Diamond Vision Clinic
Anchorage, Alaska
POSITION STATEMENT: Testified by invitation in support of SB
186.
SARA CHAMBERS, Director
Division of Corporations Business and Professional Licensing
Department of Commerce, Community and Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
186.
BESSE ODOM, Staff
Senator Elvi Gray-Jackson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 222 and presented the
sectional analysis on behalf of the sponsor.
KRIS CURTIS, Legislative Auditor
Legislative Audit Division
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the sunset audit for the State
Physical Therapy and Occupational Therapy Board during the
hearing on SB 222.
ACTION NARRATIVE
1:31:59 PM
VICE CHAIR PETER MICCICHE called the Senate Labor and Commerce
Standing Committee meeting to order at 1:31 p.m. Present at the
call to order were Senators Gray-Jackson, Stevens, and Acting
Chair Micciche.
SB 186-EXTEND BOARD OF EXAMINERS IN OPTOMETRY
1:33:00 PM
ACTING CHAIR MICCICHE announced the consideration of SENATE BILL
NO. 186 "An Act extending the termination date of the Board of
Examiners in Optometry; and providing for an effective date."
He stated that this is the first hearing. The intention is to
hear from the sponsor, hear invited and public testimony, take
committee questions, and either hold the bill or look to the
will of the committee.
1:33:27 PM
SENATOR STEVENS, speaking as sponsor, explained that the SB 186
extends the June 30, 2022 termination date of the Board of
Examiners in Optometry for six years to June 30, 2028, as
recommended by the Division of Legislative Audits sunset review
of the board.
1:33:57 PM
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, Juneau, Alaska, stated that optometrists provide a
majority of eye care to Alaskans, particularly in rural areas.
Examinations by an optometrist are the medically recognized
standard for safe eyecare, and these professionals safeguard
overall health by detecting diseases such as high blood
pressure, diabetes, autoimmune diseases, and cancers.
MR. LAMKIN stated that the Alaska Board of Examiners in
Optometry is essential for optometrists practicing in the state;
it has done an outstanding job of regulating the profession; and
it is self-funded. This board has received an overall favorable
audit and the sponsor encourages the committee to extend the
board as suggested.
1:35:42 PM
ACTING CHAIR MICCICHE asked Ms. Curtis to provide her testimony.
1:35:54 PM
KRIS CURTIS, Legislative Auditor, Division of Legislative Audit
Alaska State Legislature, Juneau, Alaska, reviewed the sunset
audit for the Board of Examiners in Optometry ("board") during
the hearing on SB 186.
MS. CURTIS paraphrased the first paragraph of the report
conclusions on page i.
REPORT CONCLUSIONS
Overall, the audit concluded, with certain exceptions,
that board operations were conducted in the public's
interest. The board conducted its meetings in
compliance with state laws, effectively licensed
optometrists, and actively amended regulations to
address statutory changes and improve the licensing
process. The Division of Corporations, Business and
Professional Licensing (DCBPL) staff failed to operate
in the public's interest by not consistently recording
licensees with federal Drug Enforcement Administration
(DEA) registration numbers in the licensing database,
not ensuring continuing education audits were
conducted timely, and not monitoring licensees'
compliance with requirements for continuing education
in pain management and opioid use and addiction.
MS. CURTIS stated that the Division of Legislative Audit
recommends the legislature extend the termination date of the
board to June 30, 2028, which is two years less than the eight
year maximum extension provided in statute. This reduced
extension reflects the need for more timely oversight in light
of the audit findings.
1:37:08 PM
MS. CURTIS turned to Exhibit 2 on page 9 that shows that on
January 31, 2021 there were 218 licensed optometrists in the
state, which is an 18 percent increase since the 2013 sunset
audit. Exhibit 3 on page 10 provides the schedule of revenues
and expenditures for the board. It shows that the board had a
$52 thousand deficit on January 31, 2021. The prior audit
recommended a fee increase but that did not happen because the
governor froze occupational board fee levels to help mitigate
the financial effect of the pandemic.
MS. CURTIS reviewed the three recommendations the report made
starting on page 13.
Recommendation No. 1: The director of the Division of
Corporations, Business and Professional Licensing
(DCBPL) should dedicate resources to ensure licensees
holding a DEA number are consistently recorded in the
licensing database.
She explained that this information is needed to help monitor
the requirement to register with the controlled substance
prescription database. The audit found that DCBPL licensing
staff did receive training on how to enter this information but
it was not entered consistently.
MS. CURTIS stated that DCBPL management attributed the
deficiency to regular turnover in the board's licensing examiner
and licensing supervisor positions.
1:38:36 PM
MS. CURTIS reviewed Recommendation 2 on page 14.
Recommendation No. 2: The board chair and DCBPL's
director should change the license renewal form to
allow the board to monitor compliance with continuing
education requirements.
She explained that effective July 2018, optometrists were
required to obtain two hours of education in pain management and
opioid use and addiction during the two years prior to their
license renewal date. However, the audit found that the December
2020 form had not been changed to require licensees to comply
with the new education requirement.
MS. CURTIS described Recommendation 3 on page 15.
Recommendation No. 3: DCBPL's director should ensure
adequate resources are available to perform continuing
education audits.
She explained that DCBPL's primary internal control to ensure
compliance with the continuing education requirement is the
continuing education audit. The division requires 10 percent of
licensees to be audited, but the sunset audit found that it took
2.5 years to complete the review for the 2018 renewal. This was
due to turnover and multiple licensing staff vacancies.
1:39:55 PM
MS. CURTIS directed attention to the commissioner's response to
the audit beginning on page 25. The commissioner concurred with
the conclusions and recommendations. In response to the
recommendations, she relayed that the licensing examiner
position turned over five times in the 3.5 year period and the
licensing supervisor position turned over four times. That
turnover contributed to all the recommendations and findings.
The chair's response to the recommendations is on page 27. In
response to Recommendation 2 regarding the form deficiencies,
the chair stated that the form should be corrected prior to the
2022 licensing renewal cycle.
1:40:44 PM
SENATOR STEVENS asked if she believes the three recommendations
are achievable.
MS. CURTIS answered yes; many are simple fixes. She suggested
asking Director Chambers about the compliance audits because
those are probably a resource issue which is not as easy to fix.
1:41:38 PM
DR. DAMIEN DELZER, Chair, Board of Examiners in Optometry,
Fairbanks, Alaska, testified by invitation in support of SB 186.
He stated that he had practiced optometry in Alaska for about 29
years and recently completed eight years on the board, three of
which were as chair. He stated that the board is charged with
public protection, assuring competency of continuing licensees,
addressing queries and complaints from the public, and crafting
and enforcing regulations to implemented statutory changes. He
noted that the board implemented nearly 20 regulatory changes
over last three years. These included continuing education
requirements including opioid education, scope of practice,
military exemptions, specialty designations, and the
modernization of law exams and prescription requirements. The
board also implemented emergency regulations during the height
of the COVID-19 pandemic. He said the board is self-funded
through licensing fees and board travel expenses have been
minimized by holding meetings exclusively by Zoom the last three
years. He highlighted that the board chair also participates in
biweekly board chair meetings and biweekly prescription drug
monitoring program meetings.
DR. DELZER thanked the committee for its consideration of the
extension for the Board of Examiners in Optometry.
1:43:38 PM
SENATOR STEVENS asked if he believes the three audit
recommendations were achievable and if he had any thoughts on
the shorter extension.
DR DELZER said he believes all the recommendations have been
addressed. The application deficiency was corrected prior to the
publication of the sunset audit. The issue with the continuing
education audits was corrected and the follow-up audit was
completed timely. The issue regarding PDMP compliance has also
been corrected. During the last board meeting, a PDMP
representative reported near 100 percent compliance with
registration. The current examiner, with oversight from Director
Chambers, has been very attentive.
SENATOR STEVENS asked if he was comfortable with the six-year
extension.
DR. DELZER said yes, but he would point out that all the issues
have been addressed.
1:46:16 PM
DR. STEVEN DOBSON, founder of Diamond Vision Clinic, Anchorage,
Alaska, testified by invitation in support of SB 186 to extend
the termination date of the Board of Examiners in Optometry to
June 30, 2028. He stated that he is a lifelong Alaskan who has
been practicing optometry for 39 years. He related that his
service on the board in the late '80s and early '90s gave him an
appreciation of the importance of the board in protecting the
visual welfare of Alaskans. He explained that optometrists in
Alaska look to the board to ensure that both new and current
licensees are qualified to maintain the high professional
standards the board has established. The board must continually
update and implement regulations that reflect the high quality
education provided by the schools and colleges of optometry.
1:48:09 PM
At ease
1:48:32 PM
ACTING CHAIR MICCICHE reconvened the meeting and listed who was
available to answer questions.
SENATOR STEVENS asked Ms. Chambers to comment on the three
recommendations in the sunset audit.
1:49:11 PM
SARA CHAMBERS, Director, Division of Corporations Business and
Professional Licensing (DCBPL), Department of Commerce,
Community and Economic Development (DCCED), Juneau, Alaska,
stated that she agrees with the board chair that the matters
highlighted in the audit had been corrected. She added that
DCBPL continues to be vigilant because the division continues to
face turnover and vacancies as its institutional memory leaves.
That being said, audits are taken seriously and the division
always takes immediate action when it finds areas it can
improve.
1:50:17 PM
ACTING CHAIR MICCICHE opened public testimony on SB 186, finding
none, he closed public testimony.
ACTING CHAIR MICCICHE found no further questions or comments and
solicited the will of the committee.
1:50:51 PM
SENATOR GRAY-JACKSON moved to report SB 186, work order 32-
LS1476\A, from committee with individual recommendations and
attached fiscal note(s).
ACTING CHAIR MICCICHE found no objection and SB 186 was reported
from the Senate Labor and Commerce Standing Committee.
1:51:31 PM
At ease
SB 222-EXTEND PT & OCCUPATIONAL THERAPY BOARD
1:52:34 PM
ACTING CHAIR MICCICHE reconvened the meeting and announced the
consideration of SENATE BILL NO. 222 "An Act extending the
termination date of the State Physical Therapy and Occupational
Therapy Board; and providing for an effective date."
He stated that this is the first hearing and the intention is to
hear invited and public testimony, take committee questions, and
potentially look to the will of the committee.
1:53:04 PM
SENATOR GRAY-JACKSON, speaking as sponsor of SB 222, paraphrased
the first paragraph of the sponsor statement. It read as
follows:
Under current statute, the State Physical Therapy and
Occupational Therapy Board is set to terminate on June
30, 2022. The Division of Legislative Audit recommends
an eight-year extension of the Board. SB 222 would
extend that termination date to an effective date of
June 30, 2030.
She deferred further introduction and presentation of the
sectional analysis to Besse Odom.
1:53:47 PM
BESSE ODOM, Staff, Senator Elvi Gray-Jackson, Alaska State
Legislature, Juneau, Alaska, read the second paragraph of the
sponsor statement for SB 222:
The State Physical Therapy and Occupational Therapy
Board provides oversight for medical services utilized
by many Alaskans. Extending the Board's termination
date will allow for continued regulation of the
practice of physical and occupational therapy in our
state; ensuring that the industry adheres to best
practices.
1:54:27 PM
MS. ODOM presented the sectional analysis for SB 222. It read as
follows:
[Original punctuation provided.]
Section 1: Amends statute to change the termination
date of the State Physical Therapy and Occupational
Therapy Board from June 30, 2022, to June 30, 2030
Section 2: The Act becomes effective immediately upon
signature
ACTING CHAIR MICCICHE turned to invited testimony.
1:55:17 PM
KRIS CURTIS, Legislative Auditor, Legislative Audit Division,
Alaska State Legislature, Juneau, Alaska, directed attention to
the sunset audit report for the State Physical Therapy and
Occupational Therapy Board dated April 2, 2021.
MS. CURTIS paraphrased the first paragraph of the report
conclusions on page i:
Overall, the audit concludes that the board served the
public's interest by conducting meetings in accordance
with state laws; amending certain regulations to
improve the professions of physical therapy and
occupational therapy; and effectively licensing and
regulating physical therapists, physical therapy
assistants, occupational therapists, and occupational
therapy assistants.
MS. CURTIS stated that the Division of Legislative Audit
recommends the legislature extend the termination date of the
board eight years.
MS. CURTIS turned to Exhibit 2 on page 5 that shows that on
January 31, 2021 the board had 1,762 active licenses and
permits. This is a 53 percent increase compared to the 2013
sunset audit. The board chair attributed the increase to
telehealth.
MS. CURTIS directed attention to Exhibit 4 on page 7 that has
the board's schedule of revenues and expenditures. It shows that
on January 31, 2021 the board had a surplus of just over
$211,000. The schedule of license and permit fees is outlined in
Exhibit 3 on page 6. Because of the surplus, fees were decreased
in FY 2020.
1:56:33 PM
MS. CURTIS stated that the audit made no recommendations. Agency
responses to the audit begin on page 19. Both the commissioner
of DCCED and the board chair agree with the audit conclusions.
ACTING CHAIR MICCICHE found no questions and noted who was
available to answer questions.
1:57:04 PM
ACTING CHAIR MICCICHE opened public testimony on SB 222; finding
none, he closed public testimony.
1:57:30 PM
SENATOR STEVENS relayed that in an earlier hearing he learned
that in Alaska it is not necessary to have a referral from a
medical doctor to see a physical therapist.
SENATOR GRAY-JACKSON added that in that same hearing she also
heard there were exceptions, and she believes AETNA is one of
the insurance companies that still requires a referral from a
medical doctor to see a physical therapist.
1:58:29 PM
ACTING CHAIR MICCICHE found no further questions or comments and
solicited the will of the committee.
1:58:51 PM
SENATOR STEVENS moved to report SB 222, work order 32-LS1593\A,
from committee with individual recommendations and attached
fiscal note(s).
ACTING CHAIR MICCICHE found no objection and SB 222 was reported
from the Senate Labor and Commerce Standing Committee.
2:00:00 PM
There being no further business to come before the committee,
Acting Chair Micciche adjourned the Senate Labor and Commerce
Standing Committee meeting at 2:00 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 186 Sponsor Statement.pdf |
HL&C 4/25/2022 3:15:00 PM SL&C 3/7/2022 1:30:00 PM |
SB 186 |
| SB 186 Fiscal Note 2360 - DCCED.pdf |
SL&C 3/7/2022 1:30:00 PM |
SB 186 |
| SB 186 Supporting Document - Optometry Board Audit.pdf |
SL&C 3/7/2022 1:30:00 PM |
SB 186 |
| SB 186 Letters of Support received as of 3.4.2022.pdf |
HL&C 4/25/2022 3:15:00 PM SL&C 3/7/2022 1:30:00 PM |
SB 186 |
| SB 222 Sponsor Statement.pdf |
SL&C 3/7/2022 1:30:00 PM |
SB 222 |
| SB 222 Sectional Analysis.pdf |
SL&C 3/7/2022 1:30:00 PM |
SB 222 |
| SB 222 Fiscal Note 2360 - DCCED.pdf |
SL&C 3/7/2022 1:30:00 PM |
SB 222 |
| SB 222 Supporting Document - PT-OT Board Audit.pdf |
SL&C 3/7/2022 1:30:00 PM |
SB 222 |
| SB 222 Letters of Support received as of 3.4.22.pdf |
SL&C 3/7/2022 1:30:00 PM |
SB 222 |