Legislature(2007 - 2008)CAPITOL 106

02/07/2008 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HCR 13 EDUCATION FUNDING/COST FACTOR COMMISSION TELECONFERENCED
Moved CSHCR 13(HES) Out of Committee
*+ HB 319 DENTISTS & DENTAL ASSISTANTS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB 319-DENTISTS & DENTAL ASSISTANTS                                                                                           
                                                                                                                                
4:27:14 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced that the  final order of business would be                                                               
HOUSE  BILL  NO.  319,  "An  Act  relating  to  the  practice  of                                                               
dentistry and to dental assistants."                                                                                            
                                                                                                                                
4:27:09 PM                                                                                                                    
                                                                                                                                
PATTY KRUEGER,  Staff to Representative Jay  Ramras, Alaska State                                                               
Legislature,  introduced  HB  319  on  behalf  of  Representative                                                               
Ramras,  sponsor.     She  read   from  the   following  prepared                                                               
statement:                                                                                                                      
                                                                                                                                
     Oral  health  plays  a  key   role  in  overall  health                                                                    
     unfortunately  not  all  Alaskan's  enjoy  good  dental                                                                    
     health  due to  geographical barriers,  cost of  dental                                                                    
     care and  limitations on dental personnel.   House Bill                                                                    
     319  follows  the provisions  already  in  place in  36                                                                    
     other  states allowing  for expanded  duties of  dental                                                                    
     assistants thereby improving access  to dental care and                                                                    
     reducing costs for dental care.   With expanded duties,                                                                    
     dental  assistants can  help  community health  centers                                                                    
     and traveling  dental teams  provide greater  access to                                                                    
     care  and   more  cost  effective  care.     This  bill                                                                    
     specifically will allow  certified dental assistants to                                                                    
     place "fillings"  into a cavity prepared  by a licensed                                                                    
     dentist and  allows a certified dental  assistant to do                                                                    
     coronal  polishing of  the teeth.   House  Bill 319  is                                                                    
     beneficial  to  the  citizens of  Alaska  by  improving                                                                    
     access to  care while  still maintaining  the oversight                                                                    
     to ensure  safety and  quality of care.   This  bill is                                                                    
     supported by  the Alaska  Dental Society,  Alaska Board                                                                    
     of Dental Examiners,  Alaska Dental Outreach Consortium                                                                    
     and the Alaska Native  Tribal Health Consortium.  House                                                                    
     Bill 319 meets the goals  of the preliminary report for                                                                    
     the   Governor's   Health  Care   Strategies   Planning                                                                    
     Council.                                                                                                                   
                                                                                                                                
4:29:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   FAIRCLOUGH  asked   for   the   source  of   the                                                               
definitions that are found on page 5, line 5 to 15, of the bill.                                                                
                                                                                                                                
JANE PIERSON,  Staff to Representative  Jay Ramras,  Alaska State                                                               
Legislature, informed  the committee that the  definitions in the                                                               
bill were provided by the Alaska Dental Society, Inc.                                                                           
                                                                                                                                
4:30:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH further  asked  for confirmation  that                                                               
the definitions are consistent with standard dental procedures.                                                                 
                                                                                                                                
4:31:56 PM                                                                                                                    
                                                                                                                                
DAVID  L.  EICHLER, D.D.S.;  President,  Alaska  Board of  Dental                                                               
Examiners,  affirmed that  the definitions  are  standard in  the                                                               
dental industry.                                                                                                                
                                                                                                                                
4:32:07 PM                                                                                                                    
                                                                                                                                
DAVID LOGAN, D.D.S.; Legislative  Liaison, Alaska Dental Society,                                                               
agreed  with Dr.  Eichler.   He  added that  the definitions  for                                                               
supervision are  defined elsewhere in  the statute; in  fact, the                                                               
bill creates  a new  class of supervised  entity with  the dental                                                               
assistant.    Previously,  dental  assistants  have  been  a  non                                                               
regulated entity.                                                                                                               
                                                                                                                                
4:33:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH then  asked whether  these definitions                                                               
are accepted nationally, or just in Alaska.                                                                                     
                                                                                                                                
DR.  EICHLER  explained  that  the  two  definitions  related  to                                                               
supervision would  be specific with  the state of  Alaska statute                                                               
and  regulation.   The  definitions  of  "calculus" and  "coronal                                                               
polishing" meet  the standards of  clinical dental  practice, and                                                               
the scope  of practice  of the "dental  assistant" is  defined by                                                               
statute in individual states.                                                                                                   
                                                                                                                                
4:34:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  assumed  that  the bill  creates  a  more                                                               
limited  scope  for  a  dental assistant  when  compared  to  the                                                               
responsibilities of  a physician's assistant.   For  example, the                                                               
only time that the dental  assistant can perform these procedures                                                               
is when the dentist is present in the facility.                                                                                 
                                                                                                                                
DR. LOGAN said that is correct.  A dental assistant can only work                                                               
in  the  presence  of  the  dentist,  under  direct  or  indirect                                                               
supervision.                                                                                                                    
                                                                                                                                
4:35:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  asked  whether a  local  dental  assistant                                                               
would  be allowed  to  correct the  polishing  after a  traveling                                                               
dentist has left the community.                                                                                                 
                                                                                                                                
DR.  LOGAN  explained  that  coronal polishing  has  to  do  with                                                               
cleaning the teeth, not the  adjustment of fillings.  He stressed                                                               
that a  dental assistant cannot  make any adjustments to  a tooth                                                               
with a dentist present.                                                                                                         
                                                                                                                                
4:36:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   FAIRCLOUGH  asked   about  the   repeal  of   AS                                                               
08.32.110(d)  that  allows  dental assistants  to  apply  topical                                                               
preventive agents and sealants.                                                                                                 
                                                                                                                                
DR. LOGAN  explained that the  provision cited  by Representative                                                               
Fairclough  was  defined  under the  hygiene  statutes  and  this                                                               
authority is now found in the bill on page 4, line 21.                                                                          
                                                                                                                                
4:37:56 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  asked whether there  is a national board  or agency                                                               
that certifies dental assistants.                                                                                               
                                                                                                                                
DR. EICHLER said  yes.  He added that national  standards are not                                                               
a part of the regulatory requirements  in Alaska.  In answer to a                                                               
question, he  further explained  that it  is difficult  to obtain                                                               
dental office  personnel in Alaska,  and many are trained  on the                                                               
job by the dentist.                                                                                                             
                                                                                                                                
4:39:12 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  asked  whether  there would  be  an  objection  to                                                               
requiring  certification  for  dental   assistants  who  will  be                                                               
performing the expanded duties.                                                                                                 
                                                                                                                                
DR LOGAN  responded that  there is  not a  national certification                                                               
process for dental health care  providers; however, each state is                                                               
allowed to credential  to their own statute.  He  said he was not                                                               
aware of  any state that  required certification from  a national                                                               
board for all assistants.                                                                                                       
                                                                                                                                
DR. EICHLER concurred.                                                                                                          
                                                                                                                                
4:40:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ROSES  asked   whether  dental   assistants  are                                                               
required to be licensed.                                                                                                        
                                                                                                                                
DR. EICHLER indicated no.                                                                                                       
                                                                                                                                
4:41:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH referred to page  4, line 23, and asked                                                               
for  further  clarification  of   "other  dental  operations  and                                                               
services  except   as  provided  in  AS   08.32.110(c)  and  this                                                               
chapter."                                                                                                                       
                                                                                                                                
DR. EICHLER  stated that AS  08.32.110(c) is an exception  to the                                                               
delegation powers that could be  delegated to a hygienist.  These                                                               
same  exceptions  would  apply   to  a  dental  assistant,  also.                                                               
Paragraph  (3) of  the bill  allows the  delegation of  services,                                                               
except for those previously cited.                                                                                              
                                                                                                                                
4:43:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  pointed out  that  one  of the  other                                                               
services  delegated to  a hygienist  is the  administration of  a                                                               
local anesthetic,  and the bill  would also apply  this exception                                                               
to dental assistants.                                                                                                           
                                                                                                                                
DR. EICHLER disagreed.                                                                                                          
                                                                                                                                
4:43:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH further  asked whether  this procedure                                                               
is allowed under paragraph (c).                                                                                                 
                                                                                                                                
DR.  EICHLER clarified  that  a dental  hygienist  is allowed  to                                                               
administer a local anesthetic with  a separate certification.  He                                                               
stated that  there is  no provision  in this  bill to  allow that                                                               
certification for dental assistants.                                                                                            
                                                                                                                                
4:45:04 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON observed that there is  time to clear this up before                                                               
the bill is moved from committee.                                                                                               
                                                                                                                                
REPRESENTATIVE  SEATON  referred  to  page 4,  line  [25],  [sub]                                                               
section (b), and asked for  clarification of "direct supervision"                                                               
as compared to "indirect supervision."                                                                                          
                                                                                                                                
4:46:24 PM                                                                                                                    
                                                                                                                                
DR. LOGAN  explained that the  current definition,  under hygiene                                                               
statute, for "direct  supervision" is that the dentist  is in the                                                               
office,  but not  necessarily in  the  room, and  the dentist  is                                                               
required to see the patient before and after the work is done.                                                                  
                                                                                                                                
4:47:17 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON asked for further clarification.                                                                                   
                                                                                                                                
DR. LOGAN  responded that for "indirect  supervision" the dentist                                                               
sees  the patient  beforehand,  and  is in  the  office, but  not                                                               
necessarily  in  the room,  and  does  not  see the  patient  for                                                               
evaluation after the  work is done.  For example,  taking a x-ray                                                               
only requires "indirect supervision."                                                                                           
                                                                                                                                
4:48:10 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON   asked  for  a  description   of  procedures  that                                                               
assistants are  allowed to do  with both "direct"  and "indirect"                                                               
supervision.                                                                                                                    
                                                                                                                                
DR. LOGAN  stated that  anything dental  assistants do  now, they                                                               
would still  be able to  do under "indirect supervision."   House                                                               
Bill 319 will  allow, with "direct supervision,"  the packing and                                                               
carving of filling materials and coronal polishing.                                                                             
                                                                                                                                
4:49:10 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON expressed a concern  about the lack of certification                                                               
of the  assistants who are  performing these expanded duties.   A                                                               
certification  procedure,  independent  of  the  dentists,  would                                                               
assuage this concern.                                                                                                           
                                                                                                                                
DR. LOGAN emphasized that the function  of the dental board is to                                                               
license  dentists and  hygienists.   He  opined  that the  dental                                                               
board is in the best  qualified position to authorize individuals                                                               
to perform procedures.                                                                                                          
                                                                                                                                
4:50:22 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON asked how the dental board makes this conclusion.                                                                  
                                                                                                                                
DR.  EICHLER pointed  out that  the clause  on page  3, line  24,                                                               
requires  that  the board  will  issue  a certificate  to  dental                                                               
assistants  upon   completion  of   a  training  program.     The                                                               
University of Alaska  is willing to develop a  training course to                                                               
ensure competency for the new duties.                                                                                           
                                                                                                                                
4:51:22 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  surmised that dental  assistants would  attend, and                                                               
pass, competency classes prior to applying for certification.                                                                   
                                                                                                                                
4:51:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON noted  that on  page 3,  line 2,  the bill                                                               
establishes  the  dentist's  responsibility  to  ensure  that  an                                                               
assistant  under  his  or  her   supervision  meets  the  minimum                                                               
professional standards.                                                                                                         
                                                                                                                                
DR. EICHLER concurred.                                                                                                          
                                                                                                                                
4:52:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  stated that the bill  requires an assistant                                                               
to be competent, but does not require licensing.                                                                                
                                                                                                                                
DR. EICHLER agreed that the  bill requires a certification course                                                               
only.                                                                                                                           
                                                                                                                                
4:53:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  asked whether  a dental assistant  would be                                                               
able to perform these functions without a certificate.                                                                          
                                                                                                                                
DR. EICHLER said no.                                                                                                            
                                                                                                                                
4:53:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  recalled that Dr. Eichler  had trained some                                                               
assistants  in   his  office.     He   asked  whether   they  had                                                               
certificates.                                                                                                                   
                                                                                                                                
DR.  EICHLER  said  they  did not  have  certificates  for  these                                                               
functions.  He  added that the functions that  a dental assistant                                                               
currently performs have no certification.                                                                                       
                                                                                                                                
4:53:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  confirmed   that  certifications  will  be                                                               
required for the expanded functions.                                                                                            
                                                                                                                                
DR. EICHLER concurred.                                                                                                          
                                                                                                                                
4:54:09 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  asked  for  the consequences  to  the  dentist  of                                                               
allowing procedures by a noncertified assistant.                                                                                
                                                                                                                                
DR. LOGAN recalled  that there was a case about  10 years ago and                                                               
the dentist was fined $5,000.   He noted that the maximum fine is                                                               
now $25,000.                                                                                                                    
                                                                                                                                
4:54:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH opined  that  this  bill would  create                                                               
additional income for dentists.                                                                                                 
                                                                                                                                
4:55:21 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON asked  whether  the bill  would  allow dentists  to                                                               
collect more money.                                                                                                             
                                                                                                                                
DR.  LOGAN said  no.   He  explained that  dental  billing is  by                                                               
procedure  regardless of  how many  providers are  involved.   He                                                               
added that  the bill would allow  a more cost effective  means to                                                               
provide treatment for children who qualify for Medicaid.                                                                        
                                                                                                                                
4:56:41 PM                                                                                                                    
                                                                                                                                
DR. LOGAN,  in answer to a  question, estimated that there  are a                                                               
very, very low  number of dentists who  provide cleaning services                                                               
for Medicaid patients.                                                                                                          
                                                                                                                                
4:56:57 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON   asked  whether  the   bill  would   allow  dental                                                               
assistants to perform the cleanings  that dentists and hygienists                                                               
now perform, but at a lower cost.                                                                                               
                                                                                                                                
DR. LOGAN said yes.                                                                                                             
                                                                                                                                
4:57:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  observed that,  in  Homer,  there are  no                                                               
dentists that provide Medicaid patients with service.                                                                           
                                                                                                                                
4:58:08 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON shared that Ketchikan  kids fly to Juneau for dental                                                               
care.                                                                                                                           
                                                                                                                                
4:58:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  opined that  the  owner  of a  dental                                                               
office will have the opportunity  to provide additional access to                                                               
care.                                                                                                                           
                                                                                                                                
4:58:59 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  asked whether  the bill would  be an  incentive for                                                               
dentists to accept more Medicaid patients.                                                                                      
                                                                                                                                
DR. LOGAN  expressed his hope  that the  bill would lower  one of                                                               
the barriers to Medicaid patients.                                                                                              
                                                                                                                                
[Although not formally stated, HB 319 was held over.]                                                                           

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