CS FOR SENATE BILL NO. 255(FIN) An Act extending the termination date and duties for the Board of Examiners in Optometry; amending the licensing, endorsement, and renewal provisions for optometrists; and providing for an effective date. 3:28:48 PM TOM MAHER, STAFF, SENATOR GENE THERRIAULT, explained that SB 255 relates to the termination date and duties for the Board of Examiners in Optometry; amending the licensing, endorsement, and renewal provisions for optometrists and providing for an effective date. Sec. 1 of extends the sunset date of the Board of Examiners in Optometry from June 30, 2006 to June 30, 2014 per the audit conclusions contained in the report. Legislative Audit concluded that the Board of Examiners in Optometry continues to serve a public need and is operating in the public interest. The regulation and licensing of qualified optometrists is necessary to protect the public's health, safety and welfare. The Board of Examiners in Optometry has operated effectively, adopted regulatory changes and supported legislation that improved its oversight process and promoted more effective regulation of licensed optometrists. The Auditor's recommendation provides for an eight-year sunset extension to June 30, 2014. Sections 5, 6, 9, 10, & 12 incorporate the recommendations by the Legislative Auditor concerning a problem on licensing. The Auditor recommended the Legislature amend the optometry statutes to ensure current license endorsements for the diagnostic use of pharmaceutical agents. Currently, statutory language provides for a single endorsement to both prescribe and use. However, the Board of Examiners in Optometry is now issuing two types of endorsements: · The first allows a practitioner to both prescribe and use pharmaceutical agents, and · The second allows a practitioner "use" only. Current law does not authorize the use only endorsement. SB 255 corrects that situation by adding sections authorizing the use only endorsement and "grandfathers" in the practitioners that were given the endorsement over the years. Mr. Maher continued, the legislation changes law to make current practices legal, grandfather's license holders in, and makes sure no practitioners are left out, which could have an impact on the number of providers serving the public, maximizing the number of practitioners that can practice in Alaska. The rest of the legislation contains "housekeeping" recommendations that were approved by the Board and supported by the Department. Section 2 deletes the word "President" as the Board actually has a "Chair". Mr. Maher discussed, Sections 3 & 4, allowing the Board to better protect the public by improving the handling of disciplinary actions. Section 7 deletes the statutory cite requiring 24 hours of continuing education instruction, allowing the Board to establish through regulation, the number of hours without amending statute. The amendment was requested in response to the audit and is similar to other boards. Section 8 removes the "branch office" reference as it no longer exists. Mr. Maher pointed out the fiscal note by the Division of Occupation Licensing; the legislation will incur no additional costs beyond those already contained in the FY07 Governor's operating budget request. The Board is self- supporting thru the receipt of member fees. 3:32:51 PM Representative Weyhrauch asked if an effort had ever been made to combine some of the boards. PAT DAVIDSON, LEGISLATIVE AUDITOR, LEGISLATIVE AUDIT DIVISION, replied that they have not looked at that per se; they had attempted to combine the Mental Health professionals, which did not go well. 3:34:36 PM Representative Kerttula referenced Section 10, regarding the use of drugs applied topically by an optometrist, recalling past issues. Ms. Davidson said that area was not being discussed as it is "systemic versus topical drugs". The bill addresses optometrist's authority to prescribe drugs & use them; however, the statute does not allow the Board to license for use only. There is a small segment of the population that is looking for a "use only" and the proposed language allows that endorsement. 3:36:51 PM PUBLIC TESTIMONY CLOSED 3:37:02 PM Vice Chair Stoltze MOVED to REPORT CS SB 255(FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CS SB 255 (FIN) was reported out of Committee with a "no" recommendation and with fiscal note #1 by the Department of Commerce, Community & Economic Development.