Licensing and certification language approved; DHW asked to work with DOPL and draft potential legislation

The Joint Finance-Appropriations Committee approved language on Feb. 14 that exempts the Department of Health and Welfare's Licensing and Certification program from a personnel-to-operating transfer restriction in the FY2025 and FY2026 maintenance bills and directed the department to coordinate with the Division of Occupational and Professional Licenses (DOPL) to produce a report.

The Licensing and Certification program historically used unused personnel funds to pay contract nurses (operating expenditures). Because FY2025 restrictive language prevents transfers of personnel costs to other expense classes, the committee approved language exempting Licensing and Certification from that restriction so the program can transfer personnel costs to operating as needed for contract nurses.

For FY2026 the committee approved similar transfer-exemption language and added a requirement that the Department of Health and Welfare "work together with the Division of Occupational and Professional Licenses to provide a report to JFAC by next January on what a transfer of the licensing and certification program to DOPL might look like, including draft legislation if necessary." Senator Wintrow objected to parts of the language during discussion, expressing concern about "shall draft legislation" wording; business members clarified the request is for a draft and report and that any legislation would still require separate consideration and votes. Representative Tanner moved the FY2026 language; Senator Cook seconded. Recorded votes resulted in 16 ayes, 2 nays and 2 absent and excused; the motion passed and will carry a due-pass recommendation.

Committee discussion emphasized that the language directs analysis and reporting rather than effectuating an immediate administrative transfer; any statutory change would require further legislative action.