HB 305-EDUCATIONAL EXEMPTION FOR YOGA TRAINING  9:21:16 AM CHAIR KELLER announced that the final order of business would be HOUSE BILL NO. 305, "An Act relating to yoga training programs; and relating to an exemption from the regulation of postsecondary educational institutions." 9:21:49 AM REPRESENTATIVE TALERICO moved to adopt the proposed committee substitute (CS) for HB 305, Version 29-LS1401\H, as the working document. There being no objection Version H was before the committee. 9:22:16 AM REPRESENTATIVE LYNN GATTIS, Alaska State Legislature, introduced HB 305, as prime sponsor, paraphrasing from a prepared statement which read as follows [original punctuation provided]: This bill may seem small or even trivial, but it is indicative of a larger issue. As we work through significant budget cuts, sometimes departments look to offset the loss of those funds by finding other sources of revenue. This is oftentimes done by charging more for services or implementing fees on new things. That's what this bill prevents, Mr. Chair. It is ultimately about defending our fellow Alaskans from an overreaching government. With this bill, we are proposing sideboards for the regulatory powers of the Alaska Commission on Postsecondary Education-also known as ACPE. We need to prioritize smaller government and we must do everything we can to ensure that the government is helping Alaskans when they need it, by getting out of their way when they don't. This bill simply exempts programs done primarily for enjoyment and not as a career. 9:23:41 AM CHRYSTAL RANDOLPH, Staff, Representative Lynn Gattis, Alaska State Legislature, provided the sectional analysis of the proposed CS, paraphrasing from a prepared statement, which read as follows [original punctuation provided]: Section 1: AS 14.48.030 (a). Adds new lines. Exemptions to the Regulations of Postsecondary Institutions. Exempts programs that are in a field that: A. Does not require a professional or occupational license under AS 08. B. Provides training primarily for recreational purposes; and C. At the advanced training level, prepares program graduates to teach or instruct in that field. Section 2: AS 14.48.030. Adds new subsection. Exemptions to the Regulations of Postsecondary Institutions. Requires the educational programs or institutions that are exempt under (a)(5) to provide students with written notice, before enrollment, that the program or institution is exempt from state authorization requirements. Section 3: AS 14.48.030. Adds new paragraphs. Exemptions to the Regulations of Postsecondary Institutions. Provides definitions to the terms "avocational," "recreational," and "vocational". 9:25:55 AM REPRESENTATIVE COLVER noted that the CS appears to keep government overreach in check. REPRESENTATIVE GATTIS concurred. 9:26:27 AM REPRESENTATIVE SEATON noted that massage therapists are not included, and surmised that such activity is governed under an occupational licenses bill. REPRESENTATIVE GATTIS confirmed the members understanding. REPRESENTATIVE SEATON asked about advanced training levels for teaching and whether it includes activities such as ski instruction. REPRESENTATIVE GATTIS deferred. MS. RANDOLPH responded that the intent would not be inclusive of enjoyment sports. REPRESENTATIVE SEATON asked whether ski instructors are regulated under a commission. MS. RANDOLPH responded no. REPRESENTATIVE SEATON requested information that clearly defines the parameters of the bill. 9:29:13 AM REPRESENTATIVE GATTIS said no activities are being taken out of regulation, and the intent is to protect other activities from being included in existing regulation. 9:30:12 AM REPRESENTATIVE COLVER questioned whether the bill would result in a cost savings to instructors who are seeking a license. REPRESENTATIVE GATTIS answered that it eliminates any costs associated with receiving a license, if one is not required. 9:31:33 AM REPRESENTATIVE SEATON asked whether the bill removes any requirements relating to current positions under purview of the commission, pertaining to instructor training courses. STEPHANIE BUTLER, Director of Operations, Postsecondary Education Commission, Department of Education and Early Development (EED), answered that only the yoga programs would be impacted by this change. REPRESENTATIVE SEATON noted that the commission is currently regulating the yoga programs, and asked for an analysis of the benefits/necessity for continuing the oversight. MS. BUTLER responded that the commission is charged with education consumer protection oversight and the staff analysis indicates that no consumer protections will be jeopardized by exempting the yoga programs via passage of the bill. 9:33:25 AM JODEE DIXON, Owner, The Yoga Path, stated support for HB 305, paraphrasing from a prepared statement, which read as follows [original punctuation provided]: I have been practicing the art of yoga for 17 years. Yoga is a lifestyle for the people who practice it. I opened my studio here in Juneau one and a half years ago. I've been instructing yoga for over 10 years. Last year I had 5 people enrolled in my yoga teacher training program, or as we call it YTT. This program is advance yoga for people who want to expand their yoga experience and possibly instruct yoga. After completion of the program these individuals sometimes teach a couple of yoga classes in exchange for studio time or fill in for people like myself when I'm on vacation or travelling for business. Last year ACPE contacted me and informed me that I needed to register with their agency because I was offering a YTT that exceeded a 15 days or 120 hours and upon completion I issued a certificate of completion. The certificate I issue is only good for one thing, to build a personal profile on the Yoga Alliance Registry. ACPE informed me that I could complete the training for the 5 people I had already started, but if I want to continue offering YTT I would need to complete their application and pay a $2,500 fee. When I reviewed the application I realized that I would have to purchase insurance above the level that my insurance broker and I determined I need. I determined I would need a minimum of 6 people in my program just to break even, so I have discontinued offering my YTT program at this time. The State of Alaska does not regulate yoga studios or people like me that teach yoga. I do not have to possess a specialty license like massage therapist or barbers. In fact, any one of you can open a yoga studio and teach yoga without any formal training. We have been told it we stopped calling our program a yoga teacher training and stopped issuing certificates of completion we would not be subjected to register and pay the $2,500 fee to ACPE. I am a member of the Yoga Alliance, a non-profit membership trade association that represents yoga teachers and yoga studios. Yoga Alliance has established voluntary yoga industry standards for YTT programs and maintains a registry of people who hav4e completed YTT programs. Please support the passage of HB 305. 9:36:01 AM REPRESENTATIVE COLVER asked what triggered the involvement of the commission to contact her about regulatory compliance. MA. DIXON responded that the statutory threshold of 120 hours was exceeded. The standard yoga instructor certification training requires 200 hours. 9:36:46 AM BARBARA DOBBERTHIEN, Executive Director, Yoga Alliance, stated support for HB 305, paraphrasing from a prepared statement, which read as follows [original punctuation provided]: Yoga Alliance is an international association representing nearly 80,000 small businesses and individuals in the yoga industry; 232 of those are in Alaska. As you know, the effect of HB 305 would be to clarify that the Alaska Commission on Postsecondary Education (ACPE) institutional authorization process does not apply to yoga teacher training programs (YTTs). This clarification is important because institutional authorization by ACPE is designed for programs that provide "for attainment of educational, professional, or vocational objectives." Alaska Stat. 14.48.210. Since participants in YTT programs primarily attend for recreational and avocational purposes, exempting these programs from ACPE regulation is appropriate and necessary to prevent undue burden on small yoga studios. 9:38:03 AM CHAIR KELLER closed public testimony. 9:38:14 AM REPRESENTATIVE COLVER stated support for HB 305 and said it would remove unnecessary regulation and increase access to yoga. 9:38:30 AM REPRESENTATIVE TALERICO moved to report the proposed CS for HB 305, Version 29-LS1401\H, with individual recommendations and the accompanying fiscal notes. There being no objection CSHB 305(EDC) was reported from the House Education Standing Committee.