SENATE BILL NO. 172 "An Act extending the termination date of the State Medical Board; and providing for an effective date." 9:40:48 AM SENATOR DONNY OLSON, SPONSOR, introduced the legislation 9:41:19 AM ELIZABETH REXFORD, STAFF, SENATOR DONNY OLSON, discussed the bill. 9:43:00 AM KRIS CURTIS, LEGISLATIVE AUDITOR, ALASKA DIVISION OF LEGISLATIVE AUDIT, discussed the audit of the State Medical Board. 9:49:03 AM Senator Olson looked at the issue related to some of the shortfalls, and noted the lack of reporting. He asked about the other state's requirements. Ms. Curtis replied in the affirmative. Senator Olson queried the seriousness of the disciplinary actions. Ms. Curtis replied that they were civil fine actions, so it depended on the reason for the fine. Senator Olson looked at page 11, and noted FY 16, FY 17, FY 18 and remarked on the 100 increase between FY 16 and FY 18. He queried the reason for the significant change. Ms. Curtis deferred to the Board chair. She believed that there was normally an explanation for an increase. 9:51:12 AM SARAH BIGELOW-HOOD, ALASKA STATE MEDICAL BOARD MEMBER, ANCHORAGE (via teleconference), stated that there was no current Chair of the board. Co-Chair von Imhof wondered whether there was an intent to appoint a new Chair soon. Ms. Bigelow-Hood replied in the affirmative. She stated that the entire board was new, and would meet to decide on a new Chair. 9:51:52 AM Senator Wielechowski noted that the audit recommended a five-year extension, but the bill only had a three-year extension. He queried any thoughts on the difference. Ms. Curtis replied that the recommendation of five years was based on a cost benefit related to conducting an audit. Co-Chair von Imhof wondered what happened in the House when presented with the five-year extension. Ms. Curtis replied that there was a concern about the lack of compliance. Senator Olson wondered how often a board did not have a Chair realizing that the members had recently had appointments. Ms. Curtis replied that it was highly unusual in her experience, and noted that there was something similar occurring in the Board of Nursing. Co-Chair von Imhof wondered how long the Chair position had been vacant. Ms. Bigelow-Hood replied that she did not know, and that she had only been appointed for approximately one week. Co-Chair von Imhof wondered how long the Chair position had been vacant, and when it was anticipated that the Chair position would be filled. 9:54:45 AM DAVID BOSWELL, ALASKA STATE MEDICAL BOARD MEMBER, FAIRBANKS (via teleconference), responded that five of seven board positions had only recently been appointed in March. The first order of business would be to organize and appoint a Chair. Co-Chair von Imhof wondered why there was almost near complete turnover on the board. Mr. Boswell guessed that it was the need for compliance. Senator Wielechowski wondered why five out of the seven people left the board. Mr. Boswell replied that he did not know. Co-Chair von Imhof wanted to see the list of the current board members and their terms. Mr. Boswell replied that his position was term limit-ed out at eight years. Senator Wilson felt that Ms. Chambers could address some of the questions. 9:57:32 AM SARA CHAMBERS, DIRECTOR, DIVISION OF CORPORATIONS, BUSINESS AND PROFESSIONAL LICENSING, DEPARTMENT OF COMMERCE, COMMUNITY AND ECONOMIC DEVELOPMENT, deferred to Ms. Jones. 9:57:54 AM ALYSIA JONES, EXECUTIVE ADMINISTRATOR, ALASKA STATE MEDICAL BOARD, JUNEAU, remarked that there was a full turnover of the board as of March 3, 2020. She remarked that there were two that had early terminations. Senator Wielechowski surmised that two member terms were terminated before their terms were complete. Ms. Jones agreed. Senator Wielechowski wondered why their terms were terminated early. Ms. Jones replied that she did not receive that information, but were only notified of the changes. Co-Chair von Imhof wondered how the board member and by whom they were notified that their term was to end early. Ms. Jones replied that the Boards and Commission would call and notify the member of the change. 10:00:01 AM Senator Wielechowski requested the reason for the termination of the membership. Senator Bishop stressed the importance of the State Medical Board. He felt that there should be continuity on public safety. Senator Wielechowski stressed that the mission of the board was to protect the health of the state. He wanted to know the reason for the turnover. Ms. Chambers would request a response from the Governor's Office. Senator Olson wondered who would ensure that there were disciplinary actions against the "bad actors." Ms. Chambers replied that the board continued to go through the investigative process with the department investigators. Senator Olson queried the last time the board took disciplinary action. Ms. Jones replied that the board typically took action at their quarterly meetings, and the last meeting was on February 6 and 7 of 2020. The new board would be meeting in the upcoming May. Co-Chair von Imhof asked whether the meeting minutes were available to the public. Ms. Jones replied that the meetings of the most recent meeting would be available at the end of the week. 10:05:11 AM Senator Olson assumed that there was no action because of the turnover. He wanted to know the last time action was taken against someone. Co-Chair von Imhof stressed the importance of disciplinary action. Ms. Jones replied that the investigations were ongoing, so the action would be brought to the board at the appropriate time. Ms. Chambers noted that if there was a need for an emergency action, it was initiated by her department after the information was given, so a meeting could be called for the action. She stressed that all of the boards, required of turnover, could meet as needed. Senator Olson appreciated the ability for emergency action. 10:07:41 AM RICHARD WEIN, ALASKA STATE MEDICAL BOARD MEMBER, SITKA (via teleconference), stated that he was a new member of the board. He called in to support the passage of the bill. He remarked that was important for physicians to do no harm. He felt that he was convinced that a meeting should occur as soon as possible to fully vet the current issues. He was critically aware of the issues facing the board, including coming into compliance with the current audit. Senator Wilson stated that he did not have a question for Dr. Wein. Co-Chair von Imhof OPENED public testimony. Co-Chair von Imhof CLOSED public testimony. 10:11:33 AM Senator Wilson remarked that the board would not be able to pick a new Chair until after confirmations. Ms. Jones replied in the affirmative. Senator Bishop reviewed the fiscal note. Co-Chair von Imhof discussed the following day's agenda. SB 172 was HEARD and HELD in committee for further consideration.