Legislature(2001 - 2002)

03/23/2001 01:47 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 81                                                                                                             
                                                                                                                                
     An Act extending the termination date of the Board of                                                                      
     Dental Examiners.                                                                                                          
                                                                                                                                
REPRESENTATIVE  HUGH FATE  noted that  under Title  8 of  the                                                                   
Alaska  Statutes,   the  Board  of  Dental   Examiners  would                                                                   
terminate  on  June 30,  2001.    A report  released  by  the                                                                   
Legislative  Budget  and Audit  (LBA)  Committee  recommended                                                                   
that  the Legislature  extend the  Board's date  to June  30,                                                                   
2005.   He  claimed  that  the  regulation and  licensing  of                                                                   
qualified  dentists  and  hygienists  benefits  the  public's                                                                   
safety and welfare.   HB 81 would accomplish that  task.  The                                                                   
legislation  also  addresses  some  of the  concerns  of  the                                                                   
Dental Board of Examiners and the Alaska Dental Society.                                                                        
                                                                                                                                
Representative  Fate provided  a  sectional  analysis of  the                                                                   
bill  and  the changes  made  in  the previous  committee  of                                                                   
referral.                                                                                                                       
                                                                                                                                
     Section 1, Page 1, Line 6      -    Extends          the                                                                 
                             th                                                                                                 
termination date from June 30, 2005.                                                                                            
                                                                                                                                
     Section 2, Page 2, Line 1      -    Removes                                                                              
prophylactic,  which is duplicate  language to  preventative,                                                                   
which is  covered under  preventative agent. Prophylactic  is                                                                   
also  confusing  language  because  it is  similar  to  other                                                                   
dental terms like prophylaxis.                                                                                                  
                                                                                                                                
     Section 3, Page 2, Line 11     -    Same reason                                                                          
[Prophylactic  was taken  out of both  locations because  the                                                                   
Department of Law said if one went, they both had to.]                                                                          
                                                                                                                                
     Section 4, Page 2, Line 14     -    Adds  wording   that                                                                 
says, the Governor,  when making appointments,  will consider                                                                   
licensed dentists nominated by  the Alaska Dental Society and                                                                   
licensed   dental   hygienists   nominated  by   the   Dental                                                                   
Hygienists' Association.                                                                                                        
                                                                                                                                
     Section 5, Page 2, Line 22     -    The president of the                                                                 
Board of  Dental Examiners must  be a licensed  dentist under                                                                   
this chapter.                                                                                                                   
                                                                                                                                
     Section 6, Page 3, Lines  5-13 -    Allows    a    board                                                                 
authorized  inspector  to  determine  whether  the  owner  or                                                                   
lessee  of dental  radiological  equipment  is in  compliance                                                                   
with  the inspection  standards  of  the board,  collect  the                                                                   
appropriate fee  and remit the  fee to the board,  and issues                                                                   
an  inspection  seal.  The inspector  would  then  remit  the                                                                   
paperwork  to  the board  and  determine  whether a  seal  is                                                                   
issued or not.                                                                                                                  
                                                                                                                                
     Section 7, Page 3, Lines 16-18      -    Makes a passing                                                                 
score  on  a clinical  exam  given  by the  Central  Regional                                                                   
Dental  Testing Service,  Inc. an  acceptable alternative  to                                                                   
the Western Regional  Examining Board examination  as long as                                                                   
the exam was passed after January 1, 2001.                                                                                      
                                                                                                                                
     Section 8, Page 4, Line 1      -    Requires that the                                                                    
dentist  be currently  licensed  in another  state, with  the                                                                   
same requirements  as Alaska,  in order avoid  re-examination                                                                   
to practice in Alaska.                                                                                                          
                                                                                                                                
     Section 8, Page 4, Line 2,3    -    Language that states                                                                 
a dentist could have taken a dental  exam in one state and be                                                                   
practicing  in another,  and as  long as the  state they  are                                                                   
licensed  in  has  equivalent  requirements  to  Alaska,  the                                                                   
dentist can practice in Alaska.                                                                                                 
                                                                                                                              
     Section 9, Page 6, Line 2      -    Licensed         and                                                                 
practicing in  the same state  in order for them  to practice                                                                   
in Alaska, if that state has equivalent requirements.                                                                           
                                                                                                                                
     Section 10                                                                                                               
     Page 6 Lines 27 to 31     -         Expands the current                                                                    
     Page 7 Lines I to 3                 definition        of                                                                   
Dentistry  to  included  the  American  Dental  Association's                                                                   
definition of  dentistry which allows a dentist  to evaluate,                                                                   
diagnose,  treat, or perform  preventive procedures  relating                                                                   
to diseases,  disorders,  or conditions  of the oral  cavity,                                                                   
maxillofacial area, or adjacent and associated structures.                                                                      
                                                                                                                                
Representative  Davies asked  what it  would take to  satisfy                                                                   
the Dental Board  if the Governor had considered  their list.                                                                   
Representative Fate explained  that there is no obligation to                                                                   
choose from that list.                                                                                                          
                                                                                                                                
Representative Fate requested  that Section 5 be removed from                                                                   
the bill.   Representative Harris  asked why the  House Labor                                                                   
and   Commerce    Committee   had   added    that   language.                                                                   
Representative  Fate  explained  that  at the  time  of  that                                                                   
hearing,   Catherine    Reardon,   Director,    Division   of                                                                   
Occupational Licensing, Department  of Community and Economic                                                                   
Development,  had  voiced  a  concern  about  that  language.                                                                   
Representative Fate noted that  the Department's concerns had                                                                   
been addressed in other parts of the legislation.                                                                               
                                                                                                                                
Representative  Croft asked if  there had been  a controversy                                                                   
in the past  with non-dentists on the Board.   Representative                                                                   
Fate acknowledged that there are lay people on the Board.                                                                       
                                                                                                                                
Representative  Foster MOVED  to  delete Section  5, Page  2,                                                                   
Lines 19-22.  There being NO OBJECTION, it was adopted.                                                                         
                                                                                                                                
DEBRA  STAUFFER, (TESTIFIED  VIA TELECONFERENCE),  PRESIDENT,                                                                   
ALASKA  STATE  DENTAL  ASSOCIATION,  ANCHORAGE,  voiced  full                                                                   
support for HB 81 and the changes made.                                                                                         
                                                                                                                                
DR.  RICHARD   GREGORIN,   (TESTIFIED  VIA   TELECONFERENCE),                                                                   
ANCHORAGE, testified  in support that the language  placed in                                                                   
the bill in the House Labor and  Commerce Committee remain in                                                                   
the  bill.   He reiterated  that he  did not  agree with  the                                                                   
change adopted by the House Finance Committee.                                                                                  
                                                                                                                                
Representative  Fate  noted  that  the  amendment  would  not                                                                   
prevent   the  Dental   Board  to  elect   a  dentist   under                                                                   
regulations in  the State  of Alaska.   He added that  it was                                                                   
approved by  the Administration  and emphasized that  it does                                                                   
not preclude a dentist from being elected to that seat.                                                                         
                                                                                                                                
Dr.  Gregorin  disagreed,  indicating  that  only  a  dentist                                                                   
should be holding that position.   Representative Fate agreed                                                                   
and stated  that the  members  of the board  could choose  to                                                                   
elect a person  that is a dentist.  Dr. Gregorin  asked if it                                                                   
was  possible that  a non-dentist  be elected  to that  seat.                                                                   
Representative Fate  agreed that it was possible  but was not                                                                   
probable.   Dr.  Gregorin commented  that  the Alaska  Dental                                                                   
Society wanted to  be on record indicating that  the position                                                                   
only be held by a dentist.                                                                                                      
                                                                                                                                
DR.   GEORGE  SCHAFFER,   (TESTIFIED   VIA   TELECONFERENCE),                                                                   
ANCHORAGE, spoke  to the amendment.  He recommended  that the                                                                   
Lines  19-21 remain.   Representative  Davies explained  that                                                                   
language already exists in present statute.                                                                                     
                                                                                                                                
Dr.  Schaffer voiced  concern  that a  responsibility of  the                                                                   
President  of that Board  is about  communicating with  other                                                                   
agencies  outside of  the State.   He mentioned  that he  had                                                                   
concerns with  anyone other than  a dentist doing  that work.                                                                   
He insisted  that the requirement  for communication  must be                                                                   
held high and  recommended that only a licensed  dentist hold                                                                   
that position.                                                                                                                  
                                                                                                                                
Representative  Croft noted that  there would  not be  a non-                                                                   
dentist elected to the Board without  the full support of all                                                                   
of the Board.                                                                                                                   
                                                                                                                                
Vice-Chair  Bunde asked  if the same  requirements exist  for                                                                   
the Board of Physicians.                                                                                                        
                                                                                                                                
CATHERINE   REARDON,  DIRECTOR,   DIVISION  OF   OCCUPATIONAL                                                                   
LICENSING, DEPARTMENT OF COMMUNITY  AND ECONOMIC DEVELOPMENT,                                                                   
advised that there is no requirement  that specifies that any                                                                   
particular member  be the Chair  for any of the  occupational                                                                   
licensing boards.                                                                                                               
                                                                                                                                
DAVID  LOGAN,  DENTIST,  PRESIDENT, ALASKA  BOARD  OF  DENTAL                                                                   
EXAMINERS, JUNEAU, noted that  the Board is in support of the                                                                   
version before the Committee and the recommended change.                                                                        
                                                                                                                                
TAPE HFC 01 - 61, Side A                                                                                                      
                                                                                                                                
Dr.  Logan  noted  his  support  in  preserving  the  current                                                                   
statute and the bill as before the Committee.                                                                                   
                                                                                                                                
Co-Chair  Mulder referenced  Section  7 and  8  and asked  if                                                                   
there is "abuse" with dental assistants  providing hygienists                                                                   
work.  Dr.  Logan responded that there isn't  abuse, however,                                                                   
there  is some  misunderstanding  of  what is  allowed  under                                                                   
current  statutes   and  confusion  with  use   of  the  word                                                                   
"prophylactic".   The  Board is  attempting to  clear up  any                                                                   
misinformation regarding the wording in the statutes.                                                                           
                                                                                                                                
Co-Chair Mulder inquired  if there exists a  problem with the                                                                   
licensure  issue.   Dr. Logan  reiterated that  the Board  is                                                                   
attempting to clean up the language  and that the changes are                                                                   
small.                                                                                                                          
                                                                                                                                
Co-Chair Mulder noted the fiscal note.                                                                                          
                                                                                                                                
Representative Foster  MOVED to report CS HB 81  (FIN) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS  HB 81  (FIN) was  reported out  of Committee  with a  "do                                                                   
pass" recommendation and with  a fiscal note by Department of                                                                   
Community & Economic Development.                                                                                               
                                                                                                                                

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