SB 295-CLINICAL LABORATORY SCIENCE PROFESSIONALS    2:37:21 PM CHAIR ELLIS announced SB 295 to be up for consideration. DON BURRELL, staff to Senator Davis, sponsor of SB 295, read the sponsor statement. He explained that this measure establishes a voluntary advisory board of clinical laboratory science professionals to assist the Department of Commerce, Community & Economic Development in identifying acceptable credentialing agencies and determine which laboratory tests would be included in the waived category. MR. BURRELL said the advisory board would review the FDA's list of waive tests and make recommendations to the department concerning which tests should be in the waive category. He explained: Clinical laboratory science professionals and radiologic technologists are two of the health care professionals not licensed by the state. According to the Institute of Medicine 70 percent of all medical decisions are based on diagnostic testing. If the individuals collecting the samples and performing the diagnostic testing are not qualified, the information used by the physician to diagnose or treat their patients may be incorrect. Clinical laboratory science professionals and radiologic technologists perform the majority of the diagnostic testing. Certification of the clinical laboratory professionals ensures that qualified professionals are performing diagnostic testing. By licensing clinical laboratory science professionals and requiring certification and participation in certification maintenance programs for licensure and renewal, we can ensure the qualified professionals are performing the diagnostic testing while controlling the licensing costs. SENATOR STEVENS asked how many of these folks are in the state. MR. BURRELL answered approximately 400. SENATOR BUNDE asked if this focuses on people who administer the test, not those who diagnose possible illness from the results of the test. MR. BURRELL answered yes. 2:40:45 PM JENNIFER STRICKLER, Licensing Chief, Division of Corporations, Businesses and Professional Licensing, Department of Commerce, Community & Economic Development, didn't support SB 295 as written. Although it is up to the legislature to decide whether this new industry should be licensed or not, she had serious concerns. First it creates a new Chapter 30 under Title 8 Professions and Occupations, but it doesn't include Section 08.30 under Section 08.01, which is the Centralized Licensing Act. This Act contains the statutes that give her department the administrative duties and powers to do things like issue and sanction licenses, establish fees, adopt regulations, conduct investigations and hold hearings. Second, SB 295 establishes a five-member volunteer advisory board of clinical laboratory science professionals appointed by the governor and therefore would be subject to confirmation by the legislature under AS 39.05, but it doesn't provide the board per diem and transportation expenses as directed in Section (1)(d) on page 2, lines 6-8. This might not be legal. MS. STRICKLER said the volunteer advisory board is not the subject of a sunset review process under AS 08.03 and therefore, while the process to establish the board is established like any other regulatory board, she didn't know if this board was intended to exist continuously without legislative oversight. 2:43:10 PM MS. STRICKLER said under the duties of the board in Section 08.30.030 on page 2, lines 14-16, the board's responsibilities are limited to only two items. Number one would be to identify credentialing agencies or organizations and, from her information, there are three known organizations affiliated with this group. Her second concern was to identify what laboratory tests should be defined as waive tests for this industry, she would need a board to assist with that because she has no idea. Her fifth item concerned Section 08.30.080, on page 4, that specified the duration of a license was for three years or until it is relinquished. However, she said, all other licenses within the division are issued for two years on a biennium cycle. If this bill were to be subject to the Centralized Licensing Act, it would go to a two-year duration. If it's not subject to the Act and stays on a three-year cycle, it would be the only program with a three-year license. She also felt the word "relinquished" should be changed to "lapsed" just for standardization of licensing terms. Most people let their licensing lapse and choose not to renew. 2:44:44 PM Last, she mentioned that Section 08.30.090, Article 3, on page 4, line 27, provides the grounds for denial or disciplinary sanctions, but it doesn't give the department the authority to investigate or to provide due process under the Administrative Procedures Act of AS 44.62, which would normally be provided if the chapter was subject to Section 08.01. MR. BURRELL added that SB 295 has two fiscal notes, one from the Department Of Administration and one from the Department of Commerce, Community & Economic Development and they indicated one part time staff would be needed to oversee the 400 members of this particular profession. 2:49:11 PM SENATOR BUNDE said based on the administration's testimony, this bill isn't ready for prime time yet. SENATOR STEVENS asked Mr. Burrell if per diem was provided. MR. BURRELL answered no. CHAIR ELLIS said SB 295 would be held for further work.