Legislature(1995 - 1996)
02/27/1995 01:05 PM House JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HJUD - 02/27/95 HB 23 - REFERRALS INVOLVING DENTAL SERVICES Number 848 REPRESENTATIVE GARY DAVIS, sponsor of the bill, read his sponsor statement: "House Bill 23 would prohibit the receipt of compensation by a dentist for referring a person to another dentist or dental practice. The American Dental Association Code of Ethics prevents dentists from profiting from referrals. This legislation codifies the ethical concern relating to referrals. "In Section 2, the receipt of compensation by a person or advertisement referring a dental service is prohibited unless the compensation for referral is disclosed at the time of referral. This legislation will help ensure that patients are being referred to a dentist or dental practice as a result of their quality service. "The Alaska Dental Society has had several breeches of their ethics code and their board has requested this legislation. I feel this is an appropriate legislative function of the Board of Dental Examiners under AS 08.36.315." TAPE 95-17, SIDE B Number 000 REPRESENTATIVE DAVIS continued to explain the two main reasons for this bill. One is the public's protection, the other is to comply with the National Dentistry Code of Ethics. REPRESENTATIVE GREEN thought the dental society could handle their ethics problems without involving the government. REPRESENTATIVE DAVIS answered that is a legal question he cannot answer, because it is not specifically stated in statute, under their duties and functions, whether a board or the state has jurisdiction. Number 165 DR. JULIE ROBINSON, past President, American Dental Society, testified via teleconference from Anchorage. She described this bill to be a consumer protection measure. It is in accord with the American Dental Association Code of Ethics which forbids fee splitting, and other means of compensation for referrals. The Dental Society believes if an agency advertises a referral service for which a participating dentist is paying a fee, then they should disclose that information to the consumer. In the past, the consumer has been led to believe the participating dentists are recommended by the American Dental Association, when in fact, they are paying for this referral service. The quality of the dental service is not considered or verified. The American Dental Society hopes this legislation will protect the consumer from misleading advertisement. Number 200 REPRESENTATIVE BUNDE asked if the Code of Ethics does not apply to all dentists; in that you can be a licensed dentist, but not a member of the Dental Society. DR. ROBINSON answered that was correct. REPRESENTATIVE VEZEY said if a dentist does not belong to the Dental Society, are still subject to the Dental Board, which cannot pose its ethical standards at this time. DR. ROBINSON said she thought that was correct. The power of the board is limited. They have only one dentist on their list of referral. She believed this needed to be in place in order for the board to do something about it. Number 245 REPRESENTATIVE VEZEY said he did not care what the Dental Society does. That is a private association. We are talking about the Alaska Dental Board. Number 290 BARBARA GABIER, Program Coordinator, Division of Occupational Licensing, Department of Commerce and Economic Development, responded to the questions regarding the Code of Ethics. Those licensing boards who have adopted a code of ethics have been required to do so either through statute or regulation. When they have authority to adopt such regulations, they do have to adopt them by reference of a specific date of code of ethics. At this point, she was not aware if the Board of Dental Examiners had adopted a code of ethics. She added, the Board of Dental Examiners did receive a copy of this bill at their last board meeting and did not make any comments one way or the other. REPRESENTATIVE BUNDE thought the problem was more widespread than what he is hearing. If this only affects one or two dental offices throughout the state, it sounds like the problem might self correct, and these people will go away. He could not imagine a referral service could keep going with only one or two clients. REPRESENTATIVE TOOHEY said this is a very widespread problem among the states, and we are just becoming a part of the problem. CHAIRMAN PORTER thought this would provide an ounce of prevention. REPRESENTATIVE TOOHEY moved to pass HB 23 out of committee with individual recommendations and zero fiscal notes. Hearing no objection, it was so ordered.
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