HB 295: "An Act relating to the practice of dentistry; relating to dental radiological equipment; and providing for an effective date."
00 HOUSE BILL NO. 295 01 "An Act relating to the practice of dentistry; relating to dental radiological equipment; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.01.065(c) is amended to read: 05 (c) Except as provided in (f) - (k) [(f) - (j)] of this section, the department shall 06 establish fee levels under (a) of this section so that the total amount of fees collected 07 for an occupation approximately equals the actual regulatory costs for the occupation. 08 The department shall annually review each fee level to determine whether the 09 regulatory costs of each occupation are approximately equal to fee collections related 10 to that occupation. If the review indicates that an occupation's fee collections and 11 regulatory costs are not approximately equal, the department shall calculate fee 12 adjustments and adopt regulations under (a) of this section to implement the 13 adjustments. In January of each year, the department shall report on all fee levels and 14 revisions for the previous year under this subsection to the office of management and
01 budget. If a board regulates an occupation covered by this chapter, the department 02 shall consider the board's recommendations concerning the occupation's fee levels and 03 regulatory costs before revising fee schedules to comply with this subsection. In this 04 subsection, "regulatory costs" means costs of the department that are attributable to 05 regulation of an occupation plus 06 (1) all expenses of the board that regulates the occupation if the board 07 regulates only one occupation; 08 (2) the expenses of a board that are attributable to the occupation if the 09 board regulates more than one occupation. 10 * Sec. 2. AS 08.01.065 is amended by adding a new subsection to read: 11 (k) Notwithstanding (c) of this section, the department shall establish fee 12 levels under (a) of this section so that the total amount of fees collected by the Board 13 of Dental Examiners approximately equals the total regulatory costs of the department, 14 the board, and the Department of Health and Social Services for all occupations 15 regulated by the board. For purposes of this subsection, the regulatory costs of the 16 Department of Health and Social Services for the occupations regulated by the board 17 include the cost of inspecting dental radiological equipment under AS 44.29.020(d). 18 * Sec. 3. AS 08.36 is amended by adding new sections to read: 19 Sec. 08.36.242. License to practice as specialist required. A licensed dentist 20 may not represent to the public to be qualified in a specialized branch of dentistry 21 through any means of public advertising using the term "specialist," the name of a 22 specialty, or a phrase that would suggest to the public that the dentist is a qualified 23 specialist in a branch of dentistry unless the dentist has a specialist license in that 24 branch as provided in this chapter. 25 Sec. 08.36.243. Qualification for specialist license; scope of practice. (a) An 26 applicant for a specialist license must 27 (1) hold a license issued by the board in accordance with AS 08.36.110 28 or 08.36.234; and 29 (2) meet additional qualifications for a specialist license in a specified 30 branch of dentistry as established by the board by regulation. 31 (b) In determining the qualifications for a specialist license in a specified
01 branch of dentistry under (a) of this section, the board shall consider the qualifications 02 necessary to obtain specialty certification by a nationally recognized certifying entity 03 approved by the board. 04 (c) The practice of a dentist who obtains a specialist license under (a) of this 05 section is limited to the branch of dentistry in which the dentist holds a specialist 06 license. 07 Sec. 08.36.245. Suspension or revocation of specialist license. The board 08 may suspend or revoke a specialist license on grounds and according to the procedures 09 set out in AS 08.36.315. 10 * Sec. 4. AS 44.29.020 is amended by adding a new subsection to read: 11 (d) The Department of Health and Social Services shall establish standards 12 that comply with federal law for the registration, use, and inspection of dental 13 radiological equipment, including standards for record keeping relating to the control 14 panels and the use of the equipment. In this subsection, "dental radiological 15 equipment" means equipment for use in the practice of dentistry, consisting of a 16 control panel and associated tube heads, if the equipment emits electronic product 17 radiation, as defined in AS 18.60.545, or uses radionuclides, as defined in 18 AS 18.60.545. 19 * Sec. 5. AS 44.46.029 is amended to read: 20 Sec. 44.46.029. Dental radiological equipment. This chapter does not 21 authorize the department to register, inspect, test, or otherwise regulate dental 22 radiological equipment or records relating to dental radiological equipment regulated 23 by the Department of Health and Social Services [BOARD OF DENTAL 24 EXAMINERS] under AS 44.29.020(d) [AS 08.36.075]. 25 * Sec. 6. AS 46.03.022 is amended 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 29 Department of Health and Social Services [BOARD OF DENTAL EXAMINERS] 30 under AS 44.29.020(d) [AS 08.36.075]. 31 * Sec. 7. AS 08.36.075; AS 18.05.065; AS 18.60.525(e); and AS 44.29.027 are repealed.
01 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 TRANSITION: REGULATIONS. The Board of Dental Examiners, the Department of 04 Commerce, Community, and Economic Development, and the Department of Health and 05 Social Services may adopt regulations necessary to implement the changes made by this Act. 06 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 07 effective date of the law implemented by the regulation. 08 * Sec. 9. Section 8 of this Act takes effect immediately under AS 01.10.070(c). 09 * Sec. 10. Except as provided in sec. 9 of this Act, this Act takes effect July 1, 2023.