Legislature(2005 - 2006)HOUSE FINANCE 519

04/14/2005 01:30 PM FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 211 DENTISTS; HYGIENISTS; BD OF DENTAL EXAM. TELECONFERENCED
Moved CSHB 211(FIN) Out of Committee
+ HB 103 CLAIMS AGAINST THE STATE TELECONFERENCED
Moved CSHB 103(FIN) Out of Committee
HB 215 PERM FUND CORP. INVESTMENTS/REGULATIONS
Moved CSHB 215(FIN) Out of Committee
+= HB 33 EFFECT OF REGULATIONS ON SMALL BUSINESSES TELECONFERENCED
<Bill Hearing Postponed>
Bills Previously Heard/Scheduled
= HB 169 REAL ESTATE LICENSEE EDUC
Moved CSHB 169(FIN) Out of Committee
= HB 71 AK PENINSULA OIL & GAS LEASE SALE; TAXES
Bill Postponed To 4/15
= HB 27 MUNI PROP TAX EXEMPTION FOR POLICE HOMES
Moved CSHB 27(FIN) Out of Committee
HOUSE BILL NO. 211                                                                                                            
                                                                                                                                
     An Act  extending the termination  date of the  Board of                                                                   
     Dental Examiners;  and relating  to dentists  and dental                                                                   
     hygienists.                                                                                                                
                                                                                                                                
Representative Foster MOVED to  ADOPT work draft #24-LS070\G,                                                                   
Mischel,  4/8/05,  as the  version  of  the bill  before  the                                                                   
Committee.  There being NO OBJECTION, it was adopted.                                                                           
                                                                                                                                
REPRESENTATIVE MIKE KELLY, SPONSOR,  stated that HB 211 would                                                                   
provide an  extension for  the Board  of Dental Examiners  to                                                                   
June 30,  2011, as  recommended by  a Legislative Audit  #08-                                                                   
20031-04, dated August  5, 2004.  The extension  would aid in                                                                   
"smoothing  out the  number of  boards  and commissions  that                                                                   
come under sunset in a particular year".                                                                                        
                                                                                                                                
HB 211 includes  changes to the Dental Board  statutes, which                                                                   
cleans-up  issues for  the Board  of Dental  Examiners.   The                                                                   
changes are described:                                                                                                          
                                                                                                                                
   · Implements continuing education requirements for dental                                                                    
     hygienists  in an amount  of 14  hours for the  previous                                                                   
     two years.                                                                                                                 
   · Modifies the inspection period for radiological                                                                            
     equipment  used in  dentistry  to five  years to  better                                                                   
     accommodate periodic inspections.                                                                                          
   · Clarifies qualifications for licensure by more clearly                                                                     
     identifying impairment and ads a new section.                                                                              
   · Clarifies the requirements for specialty licensure by                                                                      
     requiring  that the  applicant  meet the  qualifications                                                                   
     for  licensure as  a dentist  in Alaska,  and passes  an                                                                   
     examination  given   by  either  the   Western  Regional                                                                   
     Examining  Board,  the  Central  Region  Dental  Testing                                                                   
     Service, the Central Region  Examining Board or that the                                                                   
     applicant  meet the  qualifications for  licensure  as a                                                                   
     dentist  in  Alaska  and  be certified  by  a  specialty                                                                   
     certification board,  recognized by the  American Dental                                                                   
     Association.                                                                                                               
                                                                                                                                
Representative  Kelly summarized  that the changes  resulting                                                                   
from a joint  meeting with representatives from  the Division                                                                   
of Occupational  Licensing, Alaska Board of  Dental Examiners                                                                   
and the  Alaska Dental Society.   The changes  were discussed                                                                   
with  representatives from  the Alaska  State Dental  Hygiene                                                                   
Association.                                                                                                                    
                                                                                                                                
1:58:44 PM                                                                                                                    
                                                                                                                                
HEATH HILYARD,  STAFF, REPRESENTATIVE  MIKE KELLY,  clarified                                                                   
the  changes made  to the  committee substitute.   The  first                                                                   
change  was on Page  2, Line  8, removing  "and by"  allowing                                                                   
Board clarification.   Also, Page  7, Lines 2-9,  would allow                                                                   
the  Board of  Dental examiners  to  approve any  examination                                                                   
deemed appropriate.                                                                                                             
                                                                                                                                
1:59:43 PM                                                                                                                    
                                                                                                                                
Representative Holm referenced  Page 4, Section H, which adds                                                                   
the  language  regarding conviction  of  a crime  that  might                                                                   
adversely  reflect the  applicant's ability  to perform  safe                                                                   
denistry.   Mr. Hilyard requested  that Mr. Towle  testify to                                                                   
address that query.                                                                                                             
                                                                                                                                
2:00:32 PM                                                                                                                    
                                                                                                                                
JIM   TOWLE,  (TESTIFIED   VIA   TELECONFERENCE),   EXECUTIVE                                                                   
DIRECTOR,  ALASKA DENTAL SOCIETY,  ANCHORAGE, responded  that                                                                   
the intent was  to bring clarity regarding crimes  that would                                                                   
not  impact   ones  ability  to   practice  dentistry.     He                                                                   
acknowledged  that he did  not know the  full history  of the                                                                   
legislation.   The language  would not  directly relate  to a                                                                   
dentist's   ability    or   appropriateness    to   practice.                                                                   
Previously, there  was confusion.   The legislation  provides                                                                   
the  Board  authority  to  review   and  decide  whether  the                                                                   
situation  would impact the  dentist's ability  to be  a good                                                                   
practitioner.                                                                                                                   
                                                                                                                                
Representative Holm questioned  where the line would be drawn                                                                   
and thought the language was "fuzzy".                                                                                           
                                                                                                                                
2:02:28 PM                                                                                                                    
                                                                                                                                
Mr.  Towle pointed  out that  the Alaska  Dental Society  had                                                                   
worked with all interested parties  to determine a consensus.                                                                   
                                                                                                                                
Representative  Weyhrauch asked  if Section H  was a  part of                                                                   
the  original   bill.    Mr.   Hilyard  replied  it   was  as                                                                   
recommended by the Alaska Dental Society.                                                                                       
                                                                                                                                
In response  to queries  voiced by Representative  Weyhrauch,                                                                   
Mr. Towle clarified that specific  information was related to                                                                   
the actual practice of dentistry.   If someone was convicted,                                                                   
the Board  would determine if  there had been a  history that                                                                   
might  impact  that  person's  ability  to  practice.    Such                                                                   
information would not be reported  to the National Data Bank.                                                                   
He added  that the original request  had come from  the Board                                                                   
of  Dental  Examiners  to  guarantee  that  they  had  proper                                                                   
authority to see the board picture.                                                                                             
                                                                                                                                
Representative  Weyhrauch proposed  addition  of language  in                                                                   
Subsection H,  following "dentistry", inserting  "at the time                                                                   
of  application".   Mr. Towle  was confident  that the  Board                                                                   
would  take  any history  into  consideration.   He  did  not                                                                   
object to the addition of the clarifying language.                                                                              
                                                                                                                                
2:07:14 PM                                                                                                                    
                                                                                                                                
Representative  Weyhrauch questioned  if  the amendment  were                                                                   
not  adopted,  would  the  Board  still  take  that  person's                                                                   
history into consideration.  Mr. Towle affirmed.                                                                                
                                                                                                                                
Vice-Chair  Stoltze  commented  that Section  H  was  unusual                                                                   
language.   Mr.  Towle noted  that  when it  was drafted,  it                                                                   
provided the  Board broad authority  to be able  to determine                                                                   
what  affects an  individual's ability  to be  a good  dental                                                                   
practitioner.   The Board  must review  and make  appropriate                                                                   
decisions.   The proposed  language would  not hamstring  the                                                                   
Board,  but  would be  broad  enough  to guarantee  that  the                                                                   
Dental  Board  understands  what   is  appropriate  and  acts                                                                   
accordingly.                                                                                                                    
                                                                                                                                
2:10:38 PM                                                                                                                    
                                                                                                                                
Representative Weyhrauch referenced  Page 1, Section 2, which                                                                   
reduces the  number of active  hygiene, dental time  from 728                                                                   
to 700  hours and asked  why that change  was proposed.   Mr.                                                                   
Towle thought it was adequate  and would be more appropriate.                                                                   
The proposed language originated from the Board.                                                                                
                                                                                                                                
2:11:46 PM                                                                                                                    
                                                                                                                                
Representative Kelly  MOVED to REPORT CS HB 211  (FIN) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS HB  211 (FIN)  was reported  out of  Committee with  a "no                                                                   
recommendation" and with fiscal  note #1 by the Department of                                                                   
Commerce, Community & Economic Development.                                                                                     
                                                                                                                                
2:13:08 PM                                                                                                                    
                                                                                                                                

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