SB 86-TEMPORARY PERMITS & LICENSES  2:08:34 PM CHAIR COSTELLO announced the consideration of SENATE BILL NO. 86 "An Act relating to occupational licensing; relating to temporary licenses, permits, and certificates; and providing for an effective date." She listed the individuals available to answer questions. CHAIR COSTELLO solicited a motion to adopt Amendment 1. 2:09:26 PM SENATOR HOLLAND moved Amendment 1, work order 32-LS0531\B.1. 32-LS0531\B.1 Fisher 3/31/21 AMENDMENT 1 OFFERED IN THE SENATE TO: CSSB 86(L&C), Draft Version "B" Page 2, line 4, following "10": Insert "business" 2:09:36 PM SENATOR REVAK objected for discussion purposes. CHAIR COSTELLO explained that the Division of Corporations, Business, and Professional Licensing requested the amendment. On page 2, line 4 it adds the word "business" after the number "10" to clarify that the division would provide a military spouse with a temporary license 10 business days after receipt of the application. 2:10:20 PM SENATOR REVAK removed his objection. CHAIR COSTELLO found no further objection and Amendment 1 was adopted. 2:10:32 PM CHAIR COSTELLO opened public testimony on SB 86. 2:10:45 PM DR. DAVID NIELSEN, Chair, Board of Dental Examiners, Anchorage, Alaska, stated that the board had not discussed SB 86 so he was not relaying the Board's official position. However, it is similar to a temporary license bill that was part of an omnibus bill last session that the board raised concerns about. The first concern was that the term "other jurisdiction" in Section 1 was too general. At least for the field of dentistry, he said it would need to specify jurisdictions within the US. This would make it clear that licensees from other countries would not qualify for a temporary license under that provision. The board also felt it was important that the board had control over the boxes the department had to check when it was issuing a temporary permit. He said he believes the bottleneck in issuing timely licenses and permits relates directly to the fact that the licensing examiner has an overwhelming workload. He noted that he was working with the fifth licensing examiner since his appointment to the board and that has not helped with expediency. Adding this temporary license might add to the workload, he said. DR. NIELSEN stated support for the concept of the temporary license option as long as the board had control over the qualifications for who receives the temporary license and the power to revoke the license if something was uncovered that was disqualifying. 2:14:32 PM CHAIR COSTELLO said she shares the concern about the workload, and it was her intention to add three positions and the budgetary increase so the department would be able to fulfill the requirements of the bill. The Finance Committee would look at that addition in more detail. CHAIR COSTELLO asked Ms. Chambers to talk about whether the applicants would go through the different licensure boards and whether the boards would control which applicants received a license. 2:16:16 PM SARA CHAMBERS, Director, Division of Corporations, Business and Professional Licensing, Department of Commerce, Community and Economic Development (DCCED), Juneau, Alaska, speaking to the issue of board control, said the bill places the streamlining requirement and mandated timeline for issuing the license on the department's shoulders. The division's intent would be to work with each of the boards to ensure that the regulations address appropriate side-rails and interpretations. For example, a licensure requirement for Alaska engineers is to take an Arctic engineering course. To prevent a significant delay in licensure, the division could issue the temporary license with the side- rail that the individual could not build structures in Fairbanks and north until they had fulfilled that Arctic course requirement. They would not qualify for a permanent license until they met that requirement. She acknowledged that while that was her intent, it was not mandated. It was a policy decision the division was willing to work on with the committee, she said. CHAIR COSTELLO highlighted that the bill takes effect January 1, 2022 and asked if the division could work with the licensure boards to draft the regulations so a board that wanted to address a particular issue through regulation would have that opportunity. She asked Ms. Chambers if she was willing to state publicly that she would work with the boards. MS. CHAMBERS confirmed that her intent was to work directly with the boards to develop regulations that comply with the statute while maintaining public safety. She said this is particularly important in the areas where Alaska is a little different and has requirements that other states do not have. CHAIR COSTELLO asked if the regulations would address all the boards or if some regulations would be unique to specific boards. 2:19:46 PM MS. CHAMBERS replied, the department will have the authority to issue the license and they will develop the regulations, but the intention is to work with the individual boards on those regulations. She added, "Whether it's written to cover everybody or written specifically, we're going to have to find a way to put some reasonable limitations of practice that speak to those unusual, carveout sort of circumstances like the Arctic engineering example." CHAIR COSTELLO referenced Dr. Nielsen's concern about jurisdiction and asked if she reads to bill to mean that the jurisdiction is within the US. 2:21:28 PM MS. CHAMBERS replied she agrees with Dr. Nielsen that the language in the bill could be interpreted to apply to any jurisdiction. Nothing in the bill requires the license to be substantially equivalent to an Alaska license and if the department were to deny a temporary license because the individual held a foreign license, the case could be appealed to the Office of Administrative Hearings. If the intent is to limit the jurisdiction to the US, an amendment would clarify that, she said. CHAIR COSTELLO asked her to restate the suggested language. MS. CHAMBERS replied the department requested the term "substantial equivalency" for the similar proposal in a governor's bill last year. She noted that foreign standards can vary widely from American standards and may not stipulate the education was conducted in English. Absent the suggested term, she said she agrees with Dr. Nielsen that the bill should clarify it is talking about a jurisdiction within the US. CHAIR COSTELLO highlighted that certain boards oversee professions, such as dentistry or medicine, where the potential risk to the public is much greater than others if the licensee isn't adequately trained. She asked Ms. Chambers if she believes that temporary licenses should be available for every profession or if some should be exempted from this or similar legislation. MS. CHAMBERS advised that many states have looked at that question and found no substantial difference between dentistry, medicine, or nursing across all US jurisdictions. She said most of the backlog in licensure is in those fields but having a tool like this bill offers would be helpful for all professions. She clarified that she would not give the same endorsement for a permanent license that could be renewed but a lot of safeguards are built into the process to allow temporary, nonrenewable licenses as a reasonable pathway for all licenses. CHAIR COSTELLO asked Ms. Perreault if she had public testimony to offer on SB 86. 2:26:58 PM TAMMIE L. PERREAULT, Northwest Regional Liaison, Defense-State Liaison Office, Office of the Deputy Assistant Secretary of Defense, Joint Base Lewis McCord, Washington, stated that SB 86 is a great opportunity for military spouses and her office appreciates the work that the department has done on the legislation. She said 16 states have enacted this type of legislation and people are realizing that for most professions the requirements are very similar from one state to another. She said that is why the Council of State Governments and the National Council of State Legislatures have been working to support this type of licensure reform. She reiterated support for SB 86. 2:28:42 PM CHAIR COSTELLO closed public testimony on SB 86. 2:28:50 PM At ease 2:31:51 PM CHAIR COSTELLO reconvened the meeting and explained that the offline discussion was about conceptually amending the bill to reflect that the jurisdiction where someone is licensed should be substantially equivalent to Alaska licensure requirements. 2:32:39 PM SENATOR HOLLAND moved conceptual Amendment 2 to add "substantial equivalency" in Section 1, page 1, line 8, following the word "jurisdiction" with the understanding that Legislative Legal Services has authority to make technical changes. CHAIR COSTELLO objected for questions or comments. SENATOR REVAK said he appreciates the committee's effort on this bill because licensure is a big issue for the military community. 2:33:43 PM CHAIR COSTELLO removed her objection; finding no further objection, conceptual Amendment 2 was adopted. CHAIR COSTELLO solicited the will of the committee. 2:34:15 PM SENATOR HOLLAND moved to report the CS for SB 86, work order 32- LS0531\B as amended, from committee with individual recommendations and attached fiscal note(s). CHAIR COSTELLO found no objection and CSSB 86(L&C), was reported from the Senate Labor and Commerce Standing Committee. CHAIR COSTELLO thanked Dr. Nielson for his testimony and Director Chambers for stating her willingness to work with the boards to draft regulations that accommodate the particular boards. She noted that the bill would pick up a fiscal note to reflect the new positions. She further mentioned that the bill came out of the governor's disaster declaration.