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Board staff report regulatory progress and budget pressures; supervision and retention packages among priorities

2547775 · March 11, 2025
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Summary

Staff told the board on March 7 that one regulatory package is in public comment, supervision parameters and record-retention packages remain in development, and that the board faces potential appropriation reductions that could affect enforcement and rulemaking work.

Board staff provided a regulatory and budget update at the March 7 meeting, reporting one regulatory package in the public comment period and broader budget pressures that could affect work on rulemaking and enforcement.

Regulatory status: Staff said a recently submitted regulatory package has entered a 45-day public comment period and, if unchanged, would return to the director for final approval and then to the Office of Administrative Law for a 30-day review. "Once again, Elizabeth Peterson Olson, reg counsel. Yes. So what's the 45 day comment period is up April 1," Elizabeth Dietzen Olsen (regulations counsel) said during the discussion. Staff identified the supervision-parameters package (earlier discussed in public comment) and patient-record retention language as items in development; staff said supervision parameters were a top priority for submission to legal and the budget office.

Budget update: The executive officer—riefed the board on fiscal-month figures and fund condition. Staff reported year-to-date revenue and expenditures were roughly balanced but cautioned about an anticipated appropriation adjustment the Budget Office might make as part of statewide control-section reductions. The executive officer said a proposed $35,000 fee-study contract had not been approved by the Budget Office; staff are discussing whether the Budget Office will perform the fee analysis internally and plan to present results at a future meeting. The executive officer also said the board submitted requests for augmentations (AG and OAH funds) and that, after certain reductions and augmentations, staff projected a modest positive ending balance for the fiscal year. The executive officer warned, however, that an anticipated $127,000 reduction in appropriation could eliminate those reserves and require further spending reductions.

Licensing and enforcement metrics: Staff presented quarterly licensing transaction counts and enforcement statistics, including lists of cases pending at the Attorney General and licensees on probation. Board members noted that a citation table in the packet had blank violation descriptions; staff acknowledged the omission and said the citation log would be provided with more detail in the future.

Board direction: Members asked staff to prioritize the supervision-parameters regulatory package and to continue moving the other packages forward. Staff said they would return with fee-analysis findings and with draft regulatory language reflecting the board's direction.

Ending: Staff will continue to advance the supervision package and to work with the Budget Office on the fee study and potential mitigations for appropriation reductions; staff will provide missing citation detail and return with updates at future meetings.