SB 98-EXTEND BOARD OF VETERINARY EXAMINERS  2:11:15 PM CHAIR BJORKMAN reconvened the meeting and announced the consideration of SENATE BILL NO. 98 "An Act extending the termination date of the Board of Veterinary Examiners; and providing for an effective date." 2:11:46 PM MATT CHURCHILL, Staff, Senator Jesse Bjorkman, Alaska State Legislature, Juneau, Alaska, presented an overview of SB 98 as written: [Original punctuation provided.] The Board of Veterinary Examiners, the five-member panel that regulates the profession of veterinary care in the state, will currently sunset on June 30, 2025. This Bill extends the sunset date of the Board by six years to allow the Board to continue working in the public interest. The State's 2024 audit of the board concluded that the board served the public's interest while recognizing the continued need for legislative oversight. The audit ultimately recommended that the legislature extend the Board's termination to June 30, 2031. Kris Curtis, Legislative Auditor, will speak further to the Committee today regarding the details of the State's audit. The Committee will also be hearing today from Director Sylvan Robb of the Division of Corporations, Business and Professional Licensing. Board member, Hal Geiger, is present today and Dr. Robert Gerlach, Chair of the Board of Veterinary Examiners will be on the line as well to help with any questions the Committee might have. 2:13:17 PM CHAIR BJORKMAN announced invited testimony on SB 98. 2:13:32 PM KRIS CURTIS, Legislative Auditor, Alaska State Legislature, Juneau, Alaska, testified by invitation on SB 98. She read the provided report conclusions: [Original punctuation provided.] The Sunset Review of the department of Commerce,  Community and Economic Development (DCCED), Board of  Veterinary Examiners (board)   April 24, 2024   Audit Control Number 08-20142-24  REPORT CONCLUSIONS  The audit concluded that the board served the public's interest by conducting meetings in an effective manner; actively amending regulations to address statutory changes, protect the public and improve the licensing process; and effectively licensing veterinary professionals. The audit also concluded that board related cases were not consistently investigated in a timely manner, two board positions had expired terms, and as of January 31,2024, one board position had been vacant for 31 months. Additionally, the audit found that the final version of regulation changes published in 2023 was not reviewed or approved by the board. 2:14:23 PM MS. CURTIS continued: In accordance with AS 08.03.010(c)(22), the board is scheduled to terminate on June 30,2025. We recommend that the legislature extend the board's termination date six years to June 30,2031, which is two years less than the maximum allowed statute. The reduced extension reflects the need for more routine oversight of the board in light of the audit findings. MS. CURTIS stated that on page 6 licensing information shows that as of January 2024 the board had 716 active licenses, a 7 percent increase since the 2016 audit. Page 8 shows finances; the board had a $200,000 surplus. She said the Legislative Audit department made three recommendations starting on page 11: Recommendation 1 She said the Division of Corporation, Business, Professional Licensing (DCBPL) director should create procedures to ensure the final draft of regulations are provided to occupational boards for review and approval before regulations are filed and made effective. She stated that the final Veterinarian-Client-Patient Relationship (VCPR) regulation omitted language the board intended, due to technical edits by the Department of Law they believed were minor. Recommendation 2 She said the Boards and Commissions director should work with the board to identify potential applicants to fill board seats in a timely manner. The board had five members, with two serving on expired terms and one seat vacant for 31 months. 2:15:58 PM MS. CURTIS continued: Recommendation 3 Department of Commerce, Community and Economic Development (DCCED) commissioner should work with policymakers to improve the recruitment and retention of investigators. She said the Legislative Audit reviewed nine cases open for over 180 days and found four with significant, unjustified delays some lasting 111 to 695 days, often due to staff vacancies and competing priorities. MS CURTIS stated that the commissioner of DCCED, board chair and governor's board and commissions' director agreed with all three recommendations. The response can be found starting on page 23 in the audit report. 2:17:14 PM SYLVAN ROBB, Director, Division of Corporations, Business and Professional Licensing (DCBPL), Department of Commerce, Community and Economic Development (DCCED), Juneau, Alaska, testified by invitation on SB 98 and stated that the first recommendation that ensures the board reviews regulations and make sure the regulations align with intent before adoption and finalization has been resolved. She stated the Department of Law changed a law on how regulation process flows. The Department of Law now reviews proposed regulations before they go to public comment, instead of after. She said this change prevents public input on regulations that may later be rejected for legal reasons and has improved the process for boards, the public, and licensees. She stated that all five board seats are currently filled. The division works with the Governor's Office to notify active licensees of vacancies and encourages them or their peers to apply. She said as for the third recommendation, the division continues working to improve investigator recruitment and retention. While the division struggled during the pandemic with 35 percent vacancies, the DCBPL now has only a few open positions. She stated that the division has better training, and stronger oversight. She said the DCBPL expect future audits to reflect shorter investigation timelines. 2:21:48 PM HAL GEIGER, Public Member, Board of Veterinary Examiners, Juneau, Alaska, testified by invitation on SB 98 and stated that the board has handled many complex technical issues responsibly, always mindful of how public resources are being used. While most people think of veterinarians as caring for pets, veterinarians also play critical roles in food security and public health, like managing rabies, a fatal disease in humans. He said veterinarians also handle controlled substances and treat high value animals in hatcheries being released in the marine environment. He said the board is needed to fulfil the complex, technical, and essential work that needs to be completed. He stated that one major challenge the board faced was addressing the unintended consequences of the prescription drug monitoring program, and the board appreciates the Legislature's help in resolving that. He said the board also supports adding a licensed veterinary technician to the board, as many states have done. With only five members, vacancies strain the board's capacity, especially when emergencies arise. He said the board agrees fully with the audit recommendations. He said the issue with the Department of Law altering the finalized Veterinarian Client Patent Relationship (VCPR) regulation is serious. He stated that the board has worked for years on getting expert testimony and a key provision for allowing associate vets to treat an animal after another vet's exam was removed. He said the current regulation is impractical, and despite the boards repeated requests since late 2023, the board hasn't received help from the Department of Law to fix it. 2:28:58 PM CHAIR BJORKMAN stated that as the board reviews regulations and related matters he asked whether the board makes recommendations on larger policy questions such as food security or the clean list of animals allowed into Alaska and asked whether the board offers any kind of professional position from the veterinary community on those types of issues. 2:29:31 PM MR. GEIGER answered that generally, the board has left those broader policy issues to the Alaska Veterinary Medical Association (AVMA) and focused on regulations within the boards statutory authority. He said the only time the board really stepped in was with the prescription drug monitoring program, which caused significant issues for the board. 2:30:15 PM CHAIR BJORKMAN held SB 98 in committee.