Dunleavy's crew mentions training hours for doctors as 'discretionary' regulatory framework
The so-called “implementation strategy” for the arbitrary Dunleavy plan to eliminate 15 percent of regulations by the end of 2026 mentions requirements about continuing education for doctors as an example of the discretionary rules that should be reviewed for elimination.
Dunleavy and Dunleavy Chief of Staff Tyson Gallagher will object to that statement, claiming that they have not proposed cutting continuing education requirements for doctors.
But it was Dunleavy’s crew that decided to mention training for doctors as an example of discretionary requirements imposed by the state that are suspect.
When deciding what is eligible for cutting, the governor’s office has ordered all agencies to calculate requirements that go beyond the exact demands listed in state law. The Dunleavy dream, a wasteful exercise in political pandering, is to eliminate 15 percent of those requirements by next December.
“For example, a state law may mandate a continuing education requirement for doctors, and the agency may decide by regulation how many hours to require (one discretionary requirement), the need to complete a form (second discretionary requirement), and the payment of a fee (third discretionary requirement). The requirement of continuing education does not count as discretionary, but the three components of the requirement do count,” according to the alleged implementation strategy.
But the Dunleavy definition of discretionary is nonsense. Having professionals establish the number of hours is required by law. It is not discretionary.
The law says the State Medical Board “shall promote a high degree of competence” by having continuing education requirements set by regulation.
The mindset that says setting the number of continuing education hours is entirely discretionary fails to recognize the thrust of the law.
The regulations, not the state statutes, say that 25 credit hours a year of continuing education are required for doctors and a compliance form has to be filled out.
The Dunleavy regime would claim it a victory for regulatory reform and shower employees with praise for lowering the continuing education minimums under the guise of reducing the regulatory burden.
There would be no credit for increasing continuing education hours or raising the fee. You can see where this is headed.
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The Dunleavy administration proposed this timetable in August, but it is already behind schedule. All state agencies were supposed to have announced this week how many requirements they would have to eliminate to meet the 15 percent reduction target by the end of Dunleavy’s term. Nothing has been published on the Alaska Public Notices website about the targets or the so-called “guidance documents.”