HCS CSSB 160(FIN): "An Act relating to radiological equipment used in the practice of dentistry."
00HOUSE CS FOR CS FOR SENATE BILL NO. 160(FIN) 01 "An Act relating to radiological equipment used in the practice of dentistry." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.36 is amended by adding a new section to read: 04 Sec. 08.36.075. Dental radiological equipment. (a) Subject to (b) of this 05 section, the board shall establish standards for the registration and inspection of dental 06 radiological equipment, including standards for record keeping relating to the control 07 panels and the use of the equipment. The inspection standards adopted by the board 08 must require that an inspection be performed by a person who has qualifications 09 equivalent to the qualifications established as of the effective date of this Act in the 10 "Applicant Profile and Job Qualification Summary" for a state Radiological Health 11 Specialist I. 12 (b) The board may not adopt a standard under this section that is more 13 stringent than a standard applicable under federal law or regulations or that is more 14 strict than a manufacturer's standard that is applicable to the same aspect of the dental
01 radiological equipment except that, if a federal standard is different from the 02 manufacturer's standard on the same subject, the board shall adopt the stricter of the 03 two standards unless adoption of the other standard would not present a risk of harm 04 to the public or to the operator of the equipment. 05 (c) A dentist may not use, or allow a person under the dentist's supervision to 06 use, dental radiological equipment in this state unless the owner or lessee of the 07 equipment has registered the equipment's control panel with the board and the control 08 panel displays a seal indicating that it has been registered. The board may charge the 09 owner or lessee of the dental radiological equipment a fee for the registration of each 10 control panel registered under this subsection. For each registered control panel, the 11 board shall issue to the owner or lessee a registration seal that indicates that the 12 registration requirement has been met. 13 (d) The board shall require that inspection of dental radiological equipment 14 occur once within every five calendar years and require that records concerning the 15 inspection be provided to the board by the owner or lessee of the equipment and kept 16 on file where the equipment is located. The board shall, upon application by the 17 owner or lessee of the dental radiological equipment, submission of evidence 18 documenting compliance with the inspection standards of the board, and payment of 19 a fee set by the board, issue to the owner or lessee an inspection seal indicating the 20 date by which the dental radiological equipment must pass inspection again. The date 21 on the inspection seal shall be December 31 of the fourth calendar year that occurs 22 after the calendar year in which the inspection occurred. A dentist may not use, or 23 allow a person under the dentist's supervision to use, dental radiological equipment in 24 this state after the date on the most recent inspection seal. 25 (e) Fees charged under this section may not be higher than the amount 26 necessary to cover the board's cost of registering a control panel or approving the 27 inspection of dental radiological equipment, as appropriate, plus the cost of issuing the 28 applicable seals. 29 (f) Notwithstanding AS 08.01.075 and AS 08.36.315, the only penalty 30 applicable to a licensee for violating this section is the imposition by the board in a 31 disciplinary action of a civil fine not to exceed $5,000 for each violation.
01 (g) In this section, "dental radiological equipment" means equipment for use 02 in the practice of dentistry, consisting of a control panel and associated tube heads, if 03 the equipment emits electronic product radiation, as defined in AS 18.60.545, or uses 04 radionuclides, as defined in AS 18.60.545. 05 * Sec. 2. AS 18.05 is amended by adding a new section to read: 06 Sec. 18.05.065. Dental radiological equipment. This chapter does not 07 authorize the department to register, inspect, test, or otherwise regulate dental 08 radiological equipment or records relating to dental radiological equipment regulated 09 by the Board of Dental Examiners under AS 08.36.075. 10 * Sec. 3. AS 18.60.525 is amended by adding a new subsection to read: 11 (e) AS 18.60.475 - 18.60.545 do not authorize the department to register, 12 inspect, test, or otherwise regulate dental radiological equipment or records relating to 13 dental radiological equipment regulated by the Board of Dental Examiners under 14 AS 08.36.075. 15 * Sec. 4. AS 44.29 is amended by adding a new section to read: 16 Sec. 44.29.027. Dental radiological equipment. This chapter does not 17 authorize the department to register, inspect, test, or otherwise regulate dental 18 radiological equipment or records relating to dental radiological equipment regulated 19 by the Board of Dental Examiners under AS 08.36.075. 20 * Sec. 5. AS 44.46 is amended by adding a new section to read: 21 Sec. 44.46.029. Dental radiological equipment. This chapter does not 22 authorize the department to register, inspect, test, or otherwise regulate dental 23 radiological equipment or records relating to dental radiological equipment regulated 24 by the Board of Dental Examiners under AS 08.36.075. 25 * Sec. 6. AS 46.03 is amended by adding a new section to read: 26 Sec. 46.03.022. Dental radiological equipment. This title does not authorize 27 the department to register, inspect, test, or otherwise regulate dental radiological 28 equipment or records relating to dental radiological equipment regulated by the Board 29 of Dental Examiners under AS 08.36.075. 30 * Sec. 7. TRANSITIONAL PROVISIONS. (a) All litigation, hearings, investigations, and 31 other proceedings pending under a law amended by this Act, or in connection with functions
01 transferred by this Act, continue in effect and may be continued and completed 02 notwithstanding a transfer or amendment provided for in this Act. Certificates, orders, and 03 regulations issued or adopted under authority of a law amended by this Act remain in effect 04 for the term issued or until revoked, vacated, or otherwise modified under the provisions of 05 this Act. All contracts, rights, liabilities, and obligations created by or under a law amended 06 by this Act, and in effect on the day before the effective date of this Act, remain in effect 07 notwithstanding this Act's taking effect. Records of agencies of the state whose functions are 08 transferred under this Act shall be transferred commensurate with the provisions of this Act. 09 (b) Notwithstanding other provisions of this Act, the Department of Health and Social 10 Services and the Department of Environmental Conservation may continue to regulate dental 11 radiological equipment and record keeping relating to dental radiological equipment, as 12 defined in AS 08.36.075, added by sec. 1 of this Act, to the same extent that the respective 13 departments were authorized to regulate dental radiological equipment and records on the day 14 before the effective date of this Act until the effective date of regulations adopted by the 15 Board of Dental Examiners to implement AS 08.36.075, added by sec. 1 of this Act. 16 (c) Notwithstanding other provisions of this Act, a person is not considered to be in 17 violation of AS 08.36.075(c) or (d), added by sec. 1 of this Act, unless the violation occurs 18 more than one year after the effective date of regulations adopted by the Board of Dental 19 Examiners to implement AS 08.36.075, added by sec. 1 of this Act.