SB 255-OPTOMETRY: EXTEND BD/ LIC. ENDORSEMENT    CHAIR CON BUNDE announced SB 255 to be up for consideration. TOM MAHER, staff to Senator Therriault, explained that SB 255 extends the sunset date for the Board of Examiners from June 30, 2006 to June 30, 2014 as per the Legislative Audit's conclusion. He recapped that last year the legislature passed some changes to the sunset process. One was changing the standard sunset from four years to not to exceed eight, although the legislature could go with any date it wants. Two more criteria were added to the auditor's job because sunsets are becoming less about eliminating the entity and more about measuring operational performance. Those criteria are the extent to which the board or commission has effectively attained its objectives, the efficiency with which it's operated and the extent to which the board or commission is duplicating other agencies' work. On page 7 of the report, recommendation 2, recommended that the legislature amend optometry statutes to ensure they support current license endorsements for the diagnostic use of pharmaceutical agents. He explained: Currently, language provides for a single endorsement for both prescribed and use. However, the Board of Examiners in Optometry is issuing two types of endorsements. The first allows a practitioner both prescribed and use pharmaceutical agents and the second type allows a practitioner use only. Current law does not authorize the use-only endorsement. SB 255 corrects this situation by adding a section authorizing a use only endorsement and also grandfathers in the practitioners that were given that endorsement over the years - since, I believe, 1992. MR. MAHER noted that the Department of Commerce, Community & Economic Development supported SB 255. The Board's response was not clear and he hoped that would be addressed today. He said, But our intent with the legislation is pretty simple. We want to change the law to make current practices legal. We want to grandfather license holders in and make sure we don't leave any practitioners out. That could have an impact on the number of providers serving the public and, hopefully, maximize the number of practitioners that can practice in Alaska. 2:30:58 PM RICK URION, Director, Division of Corporations, Business and Professional Licensing, supported SB 255. CHAIR BUNDE moved to adopt Amendment 1 as follows: On page 2, line 25 insert a new section to read: Sec. 6 AS 08.72.181(d) is amended to read: (d) Before a license may be renewed, the licensee shall submit to the board evidence of [24 HOURS OF] postgraduate continuing education instruction as prescribed by regulations of the board. The board may specify by regulation those circumstances under which the requirements of this subsection may be waived. Renumber remaining bill sections. CHAIR BUNDE objected for discussion purposes. MR. URION stated that the amendment was suggested by the board and removes the 24-hour requirement for continuing education and allows the department to do that in regulation, which is how all other licensing programs are handled. CHAIR BUNDE asked if the regulation would require an equal amount of continuing education time as the statute does. MR. URION replied yes, but that could be adjusted as necessary. 2:32:43 PM SENATOR SEEKINS asked if the department could set up his own rules and change them whenever it wanted to. MR. URION replied that they are required to have continuing education by statute, but the hours are typically set forth in regulation and he didn't think they would be any less than what they are now. He said that all the continuing education requirements are consistently being made in regulation. SENATOR SEEKINS said he didn't object to that, but the new language looks like it would be allowing regulation to trump statute. "So, we don't specify how many hours and they can change it whenever they want to." He wanted to know why the requirement for a certain numbers of hours was being deleted, since they are providing a guideline of at least 24 hours. MR. URION suggested that the last sentence could be deleted if Senator Seekins would be more comfortable with that language. CHAIR BUNDE said he wanted Mr. Stancliff's and Ms. Davidson's reaction to the proposed amendment. 2:36:01 PM MR. STANCLIFF responded that in general they are careful with addressing amendments in sunset bills - because of complaints that some have become vehicles for too much. The chair of Legislative Budget and Audit said, because the language was suggested by the department and because it was addressed in the audit report and both responses from the department and the board, he had no opposition to it. Senator Seekins' question was new and that last sentence could be deleted. PAT DAVIDSON, Division of Legislative Audit, explained that having continuing education requirements is very typical. However, often times minimum hours are not specified. Typically, regulations detailed hours, particular courses and that sort of thing, rather than statue. Waiving CPE requirements is not totally uncommon for extended illness and various other things, but is totally up to the committee whether it wants to delegate that authority to the board. SENATOR SEEKINS moved Amendment 1 to Amendment 1 to delete: "The board may specify by regulation those circumstances under which the requirements of this subsection may be waived." He did not think it was the legislature's intent to waive the ability to require continuing education. There were no objections and Amendment 1 to Amendment 1 was adopted. CHAIR BUNDE asked if anyone objected to adopting Amendment 1(am). There were no objections and it was so ordered. 2:40:19 PM SENATOR SEEKINS moved to report CSSB 255(L&C) from committee with individual recommendations with the forthcoming fiscal note. Senators Bens Stevens, Ellis, Seekins Davis, and Chair Bunde voted yea; and it was so ordered.