SENATE BILL NO. 186 "An Act extending the termination date of the Board of Examiners in Optometry; and providing for an effective date." 9:06:33 AM TIM LAMKIN, STAFF, SENATOR GARY STEVENS, stated that the bill was self-explanatory. KRIS CURTIS, LEGISLATIVE AUDITOR, ALASKA DIVISION OF LEGISLATIVE AUDIT, discussed the audit for the Board of Examiners in Optometry (copy on file). She explained that the audit concluded that the board conducted its meetings in compliance with state law, effectively licensed optometrists, and actively amended regulation to implement statutory changes and to improve the license process. She said that the audit also found that the audit also found that the Division of Corporations, Businesses, and Professional Licensing (DCBPL) staff failed to operate in the publics interest by not consistently recording the existence of a DEA number in DCBPL licensing database, by not ensuring that continuing education audits were conducted in a timely manner, and by not effectively monitoring licensee compliance with continuing education in pain management and opioid use and addiction. She said her division recommended that the board be extended 6 years, which was 2 years less than the 8-year maximum allowed for in statute. She stated the reduced extension recommendation reflected the need for more timely oversight considering the audit findings. She turned to Page 9 of the audit, which showed the standard licensing statistics. She relayed that as of January 2021, there were 218 licensed optometrists, reflecting an increase of 18 percent when compared to the prior 2013 sunset audit. She cited Page 10, which showed the schedule of board revenues and expenditures. She furthered that as of January 2021, the board had a deficit of approximately $52,000. She stated that a fee increase had been recommended in April 2020; however, fees had not been increased due to a directive from the governors office to freeze the fee increased for occupational boards to help mitigate the impact from the Covid 19 pandemic. She relayed that the board had the following recommendations: Recommendation No. 1: DCBPL's director should dedicate resources to ensure licensees holding a DEA number are consistently recorded in the licensing database. 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. Recommendation No. 3: DCBPL's director should ensure adequate resources are available to perform continuing education audits. Ms. Curtis spoke to each recommendation. She directed committee attention to DCBPLs management response to the recommendations, found on Page 25. She relayed that the Commissioner of the Department of Commerce, Community, and Economic development agreed with the conclusions and recommendations and had reported that the Licensing Examiner position had turned over 5 times during the three- and-a-half-year audit period, while the Licensing Supervisor position had turned over 4 times. She related that the turnover in those positions was what had led to the audit findings. She noted the chairs response on Page 27, who reported that the issues would be addressed before the next license renewal cycle. Senator Wilson wondered whether the findings were most related to the staff or licensees. Ms. Curtis replied that the findings mainly circulated around the division's performance. She added that in the case of the licensing form, the board and the staff reviewed the form, which was deficient. Senator Olson wondered whether patients eye health had suffered due to the deficiencies found in the audit. 9:12:51 AM Ms. Curtis replied that it would be impossible to respond to the question. She offered that no specific public health implications had been conclusive. Senator Olson recalled the freeze on the licensing fees. He mentioned the increasing fees for veterinarians. He wondered whether they had been subject to the freeze. Ms. Curtis understood that all boards had been under the freeze. She deferred to the DCBPL director. SARA CHAMBERS, DIVISION DIRECTOR, CORPORATION, BUSINESS AND PROFESSIONAL LICENSING, replied to Senator Olson's question, and stated that all boards and non-boarded licensing program were subject to the freeze during the pandemic. She did that any needed fee increased had been offset in FY21, FY22, and proposed FY23, with General Funds. She said that the veterinary board and the optometry board would receive money to prevent another fee increase for the time being. 9:15:01 AM Senator Olson wondered whether there was an anticipated fee increase for optometrists. Ms. Chambers replied that one of the budget requests for FY23 would fund a proposal to the legislature to research how fees were assessed. She stated that putting 100 percent of the investigative and administrative fees on licensees was a burden for licensees. She hoped that that policy could be changed for fairness and stability. Senator Olson mentioned drugs prescribed my optometrists and asked whether the optometrists were subject to the Prescription Drug Monitoring Program (PDMP). Ms. Chambers replied that if the optometrist had a Drug Enforcement Agency (DEA) License they were subject to the program. Senator Olson asked whether there had been any complaints made to the division of compromised eye health. Ms. Chambers replied in the negative. Senator von Imhof recalled that there had been no filings for malpractice or patent complaints since the last audit. Ms. Chambers agreed to provide more conclusive information. She remarked that during the current audit period there had been some disciplinary action taken due to non-compliance with the audits. 9:17:48 AM Senator von Imhof wondered who should pay for the investigative and administrative expenses other than the licensees. She asked whether general funds were to be used this one time, to fill the gap, or was it expected the state would pay into the future. Ms. Chambers replied that the issue was under discussion for the next legislative session. She said it would be up to the administration and the legislature to determine whether the current model was working. She knew that various fee funding structures were used in the country. Co-Chair Bishop wondered what the exit surveys had revealed about why people left the field. Ms. Chambers replied that people in the field were trained to rise in position to manage boards and customer services. She said that often junior to mid-range people would move up to higher positions in other agencies. Some moved out of state. She noted that the position was not a full-time job. 9:21:13 AM Co-Chair Bishop felt that perhaps the administration should increase the PCN to have continuity in safety and health. Ms. Chambers replied that there was a strategy to restructure the professional licensing section, which could include some reclassifications. She said that licensing numbers were increasing, and additional positions could be useful. She stated that the FY 23 budget included two new PCNs for programs that may allow the program, and others, some flexibility. She said that high turnover in several state agencies was creating healthy conversation. DR. DAMIEN DELZER, CHAIR, ALASKA BOARD OF EXAMINERS AND OPTOMETRY, FAIRBANKS (via teleconference), spoke in support of the legislation. 9:24:36 AM STEVE DOBSON, SELF, ANCHORAGE (via teleconference), testified in support of the legislation. He acknowledged Dr. Delzer for his leadership on the board. Co-Chair Bishop OPENED and CLOSED public testimony. Co-Chair Bishop announced an amendment deadline of March 23, 2022. SB 186 was HEARD and HELD in committee for further consideration.