Legislature(2011 - 2012)SENATE FINANCE 532

03/30/2011 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 19 PASSENGER VEHICLE RENTAL TAX TELECONFERENCED
Moved CSSB 19(FIN) Out of Committee
+ SB 92 DENTISTS/DENTAL HYGIENISTS/ASSISTANTS TELECONFERENCED
Heard & Held
+ SB 66 AIDEA: NEW MARKETS TAX CREDIT PROGRAM TELECONFERENCED
Heard & Held
+ SB 90 BOARD OF PUBLIC ACCOUNTANCY SECRETARY TELECONFERENCED
Heard & Held
+ SB 94 SECOND VERSE OF ALASKA'S STATE SONG TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 97 COMMUNITY REVENUE SHARING/EDUC FUNDING TELECONFERENCED
Moved CSSB 97(FIN) Out of Committee
SENATE BILL NO. 92                                                                                                            
                                                                                                                                
     "An Act relating to dental hygienists, dentists,                                                                           
    dental assistants, dental hygiene, and dentistry."                                                                          
                                                                                                                                
9:08:41 AM                                                                                                                    
                                                                                                                                
Senator  Egan   explained  that  CSSB  92   (L&C)  clarified                                                                    
statutes for  dental hygienists,  dentists and the  board of                                                                    
dental examiners.                                                                                                               
                                                                                                                                
DANA OWEN,  STAFF, SENATOR  EGAN, stated  that the  bill was                                                                    
introduced to the  office by a group of  dentists and dental                                                                    
hygienists. He stated that the  dentistry and dental hygiene                                                                    
statutes had  not been comprehensively  reviewed in  over 20                                                                    
years. The bill makes many  changes to the statutes, most of                                                                    
which are  reflections of changes in  dental practices. Some                                                                    
changes are  due to differences in  regulatory framework and                                                                    
others  accommodate  modern communications  technology.  The                                                                    
committee  proposing  the  changes  was  composed  of  three                                                                    
dentists and  three dental hygienists.  One of  the dentists                                                                    
and one  of the  dental hygienists on  the committee  sit on                                                                    
the board of dentistry.  The committee originally proposed a                                                                    
sunset provision,  but the provision is  currently separated                                                                    
from the larger bill to facilitate reauthorization of the                                                                       
board.                                                                                                                          
                                                                                                                                
9:11:47 AM                                                                                                                    
                                                                                                                                
Mr. Owen provided a sectional analysis.                                                                                         
                                                                                                                              
     Section  1.    Removes  a  requirement  that  a  person                                                                  
     practicing  dental  hygiene,  or  who  is  offering  to                                                                    
     practice   dental   hygiene,   must  have   a   current                                                                    
     certificate of registration.                                                                                               
                                                                                                                                
     Section  2.   Establishes the  qualifications necessary                                                                  
     for licensure as a dental hygienist.                                                                                       
                                                                                                                                
     Section 3.   Amends the qualifications  necessary for a                                                                  
     dental hygienist to be licensed by credentials.                                                                            
                                                                                                                                
     Section  4.     Edits  the  dental   hygiene  licensing                                                                  
     provision  to provide  that  successful applicants  for                                                                    
     licensure will no longer be  registered by the Board of                                                                    
     Dental Examiners  (board) (see  sec. 25 for  a parallel                                                                    
     provision applicable to dentists).                                                                                         
                                                                                                                                
     Sections 5 -  6.  Conform the "renewal  of license" and                                                                  
     "lapse and reinstatement of  license" provisions to the                                                                    
     bill's  removal  of  the registration  requirement  for                                                                    
     dental hygienists.                                                                                                         
                                                                                                                                
     Section  7.     Allows  a  dental   hygienist  who  has                                                                  
     completed a course offered by  or under the auspices of                                                                    
     a  program  accredited  by  the  Commission  on  Dental                                                                    
     Accreditation  of the  American  Dental Association  or                                                                    
     other  equivalent  course  or   program  to  receive  a                                                                    
     restorative function endorsement from the board.                                                                           
                                                                                                                                
     Section 8.  Changes  the levels of supervision required                                                                  
     for a dental hygiene  student performing dental hygiene                                                                    
     procedures.    Makes  the  section  applicable  to  all                                                                    
     students enrolled in dental hygiene programs.                                                                              
                                                                                                                                
     Sections  9  -  11.   Change  the  permitted  scope  of                                                                  
     practice  for  a  dental  hygienist  and  clarify  what                                                                    
     practices  and procedures  may not  be  delegated to  a                                                                    
     dental hygienist by a dentist.                                                                                             
                                                                                                                                
     Section 12.  Clarifies  what practices and procedures a                                                                  
     dental hygienist, who has  entered into a collaborative                                                                    
     agreement  with a  dentist, may  be  authorized by  the                                                                    
     dentist to perform.                                                                                                        
                                                                                                                                
     Section 13.  Makes stylistic changes.                                                                                    
                                                                                                                                
     Section 14.   Permits  the board  to sanction  a dental                                                                  
     hygienist who  used or knowingly cooperated  in deceit,                                                                    
     fraud,  or intentional  misrepresentation  to obtain  a                                                                    
     certificate  or   endorsement  and  amends   the  other                                                                    
     grounds for discipline, suspension,  or revocation of a                                                                    
     dental hygienist's license.                                                                                                
                                                                                                                                
     Section 15.  Gives the  board the authority to impose a                                                                  
     civil  fine  of  up  to  $25,000  for  a  violation  of                                                                    
    AS 08.32 or a regulation adopted under the chapter.                                                                         
                                                                                                                                
     Section 16.   Amends the  list of dental  hygienists to                                                                  
     whom the provisions of AS 08.32 do not apply.                                                                              
                                                                                                                                
     Section  17.   Provides new  definitions applicable  to                                                                  
     AS 08.32 for "licensed  dental hygienist" and "licensed                                                                    
     dentist."                                                                                                                  
                                                                                                                                
     Section  18.    Adds  a qualification  for  the  public                                                                  
     member of the board.                                                                                                       
                                                                                                                                
     Section 19.  Requires the  members of the board to take                                                                  
     an oath.  Requires the board to adopt a seal.                                                                              
                                                                                                                                
     Section 20.  Requires the  president of the board to be                                                                  
     a dentist or dental hygienist.                                                                                             
                                                                                                                                
     Section 21.  Amends the powers of the board.                                                                             
                                                                                                                                
     Section  22.    Requires the  Department  of  Commerce,                                                                  
     Community,  and  Economic   Development  to  employ  an                                                                    
     investigator for the board.                                                                                                
                                                                                                                                
     Section 23.  Requires  the board to establish standards                                                                  
     for  dental  radiological  equipment that  comply  with                                                                    
     applicable federal law.  Permits  the board to charge a                                                                    
     fee  for   equipment  registered  under   the  section.                                                                    
     Removes  a requirement  that inspections  of radiologic                                                                    
     equipment  be  performed  by   a  person  with  certain                                                                    
     qualifications.                                                                                                            
                                                                                                                                
     Section 24.  Requires the  board to maintain a registry                                                                  
     of persons  licensed as  dentists or  dental hygienists                                                                    
     and  persons  certified  as dental  assistants,  and  a                                                                    
     registry  of licenses,  certificates, and  endorsements                                                                    
     revoked by the board.                                                                                                      
                                                                                                                                
     Section 25.   Edits the dentist  licensing provision to                                                                  
     provide that  successful applicants for a  license will                                                                    
     no longer be registered by the  board (see sec. 4 for a                                                                    
     parallel provision applicable to dental hygienists).                                                                       
                                                                                                                                
     Section 26.   Amends  the qualifications for  a license                                                                  
     to practice dentistry in the state.                                                                                        
                                                                                                                                
     Section 27.   Requires that an  applicant for licensure                                                                  
     as  a dentist  must  be interviewed  in  person by  the                                                                    
     board.                                                                                                                     
                                                                                                                                
     Sections  28 -  29.    Amend what  is  necessary for  a                                                                  
     dental hygienist to be licensed by credentials.                                                                            
                                                                                                                                
     Section 30.   Permits all persons  enrolled as students                                                                  
     in an accredited school of  dentistry to perform dental                                                                    
     procedures without a license  if certain conditions are                                                                    
     met.                                                                                                                       
                                                                                                                                
     Section  31.   Conforms the  "renewal of  registration"                                                                  
     provision  to the  bill's removal  of the  registration                                                                    
     requirement for dentists.                                                                                                  
                                                                                                                                
     Section 32.   Provides that a dentist who  does not pay                                                                  
     the   license  renewal   fee  forfeits   the  dentist's                                                                    
     license.   Permits  the board  to  reinstate a  license                                                                    
     upon certain conditions.                                                                                                   
                                                                                                                                
     Section  33.    Amends   the  grounds  for  discipline,                                                                  
     suspension,  or revocation  of  a  license to  practice                                                                    
     dentistry.                                                                                                                 
                                                                                                                                
     Section  34.    Permits  a  dental  assistant  who  has                                                                  
     completed a course offered by  or under the auspices of                                                                    
     a  program  accredited  by  the  Commission  on  Dental                                                                    
     Accreditation  of the  American  Dental Association  or                                                                    
     other  equivalent  course  or   program  to  receive  a                                                                    
     restorative function endorsement from the board.                                                                           
                                                                                                                                
     Section  35.   Adds  a new  provision allowing  persons                                                                  
     enrolled in  a program  or course  of study  to perform                                                                    
     dental assisting  procedures as part of  that course of                                                                    
     study  or  program  without a  certificate  if  certain                                                                    
     conditions are met.                                                                                                        
                                                                                                                                
     Section 36.   Adds a new section that  provides who may                                                                  
     own, operate,  or maintain  a dental  practice, office,                                                                    
     or clinic.                                                                                                                 
                                                                                                                                
     Section 37.  Provides  new definitions applicable to AS                                                                  
     08.36  for  "certified   dental  assistant,"  "licensed                                                                    
     dental hygienist," and "licensed dentist."                                                                                 
                                                                                                                                
     Section   38.      Repeals   AS 08.32.020,   08.32.035,                                                                  
     08.32.040, 08.32.060,  08.32.097, 08.32.100, 08.32.120,                                                                    
     08.32.130,  08.32.140,  08.32.190(2);  AS 08.36.075(b),                                                                    
     08.36.075(c),  08.36.075(d),  08.36.075(e),  08.36.114,                                                                    
     08.36.230, 08.36.244,  08.36.246, 08.36.247, 08.36.248,                                                                    
     08.36.260,  08.36.271, 08.36.290,  08.36.350(a)(3), and                                                                    
     08.36.350(a)(4).                                                                                                           
                                                                                                                                
     Section  39.   Instructs  the  revisor  of statutes  to                                                                  
     change the catch line for AS 08.36.250.                                                                                    
                                                                                                                                
9:19:13 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  addressed Page  18, Line 28  regarding the                                                                    
ownership of  the dental office  and facility. He  asked the                                                                    
reason for the new section.                                                                                                     
                                                                                                                                
DAVID  LOGAN,  ALASKA  DENTAL   SOCIETY  answered  that  the                                                                    
statute currently  lacks a provision permitting  a surviving                                                                    
spouse to have  ownership of a practice  during a transition                                                                    
period.  The section  allows  a  transitional period  during                                                                    
which a spouse  has ownership of a practice  with a licensed                                                                    
dentist  in  control.  During  the  transition  period,  the                                                                    
spouse  may sell  the practice  to  another individual.  The                                                                    
section also  clarifies additional mechanisms  for ownership                                                                    
of a dental practice.                                                                                                           
                                                                                                                                
Co-Chair  Stedman   mentioned  the  fiscal  note   from  the                                                                    
Department of  Commerce, Community and  Economic Development                                                                    
(DCCED) for  $114,200 in receipt support  services to employ                                                                    
one full time investigator.                                                                                                     
                                                                                                                                
9:21:28 AM                                                                                                                    
                                                                                                                                
Senator Thomas asked about the  first item in Section 1, the                                                                    
removal  of   the  need  for  a   current  certification  of                                                                    
registration. He  asked if the  language was  redundant. Mr.                                                                    
Logan responded yes.                                                                                                            
                                                                                                                                
Senator Thomas  asked about the certification  or inspection                                                                    
of equipment. He expressed interest  in the hazards of x-ray                                                                    
and was curious  about the condition of  the equipment used.                                                                    
Mr.  Logan  answered  yes.  He expected  that  much  of  the                                                                    
content   of  the   statutes   will   be  transferred   into                                                                    
regulations with some minor  modifications. He mentioned the                                                                    
overarching federal  law that ensures the  minimum standard.                                                                    
He noted  requirements for  qualifications of  the equipment                                                                    
inspectors along with a time allotment for inspection.                                                                          
                                                                                                                                
Co-Chair  Hoffman asked  why the  Labor  and Commerce  (L&C)                                                                    
committee  felt  the  need for  an  investigator.  Mr.  Owen                                                                    
responded  that   an  investigator  would  provide   a  more                                                                    
effective way of policing dental practices.                                                                                     
                                                                                                                                
Co-Chair  Stedman  asked  about   the  committee.  Mr.  Owen                                                                    
responded that the committee was  composed of three dentists                                                                    
and three dental hygienists.                                                                                                    
                                                                                                                                
Mr. Logan  added that board members  expressed concern about                                                                    
the length of time required  to adjudicate cases. He pointed                                                                    
out the limited number  of investigators. The department has                                                                    
many investigations with different  boards. The board opined                                                                    
that with its own  investigator, the investigations would be                                                                    
performed in  a timely  manner. The board  acknowledged that                                                                    
the change would result in additional licensing fees.                                                                           
                                                                                                                                
9:24:46 AM                                                                                                                    
                                                                                                                                
Senator Olson asked  about Page 18. He  understood that only                                                                    
a person  who holds a  valid license  can own and  operate a                                                                    
dental practice  clinic. He asked  if the owner of  a dental                                                                    
practice  must  have  a  valid  dental  license.  Mr.  Logan                                                                    
responded that  a laundry list  of exceptions exists  in the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Senator Olson asked  if a community owned  dental clinic was                                                                    
trying to attract a dentist  would they be exempted from the                                                                    
restriction.     Mr.  Logan  agreed.  He   stated  that  the                                                                    
community could own the dental  clinic but the management of                                                                    
the clinic must be done by a licensed dentist.                                                                                  
                                                                                                                                
Senator  Olson asked  about prescriptive  authority and  the                                                                    
midlevel  practitioners. Mr.  Logan answered  that the  bill                                                                    
has  no effect  on midlevel  practitioners. They  are exempt                                                                    
from the state licensure.                                                                                                       
                                                                                                                                
Senator Olson  asked about  the health  corporation's dental                                                                    
practitioners who have studied  abroad and then returned. He                                                                    
wondered   the  effect   the   legislation   has  on   those                                                                    
practitioners working for the  native corporations. Mr. Owen                                                                    
responded  that current  practice in  rural areas  of Alaska                                                                    
will  remain  unchanged.  He  explained  that  the  original                                                                    
drafted language was insufficient.  He worked with attorneys                                                                    
and a  drafter to incorporate the  appropriate language into                                                                    
the amendment.                                                                                                                  
                                                                                                                                
Senator  Olson  wondered  about   letters  of  support  from                                                                    
specific  health corporations.  Mr.  Owen did  not have  the                                                                    
requested letters.                                                                                                              
                                                                                                                                
9:28:02 AM                                                                                                                    
                                                                                                                                
Senator Olson  asked about Section  14 and  the disciplinary                                                                    
action by the dental board.  He recalled that medical boards                                                                    
are  always  seeking  investigators.  He  wondered  why  the                                                                    
dental  board  was  different.   Mr.  Logan  suspected  that                                                                    
additional boards would visit  the legislature with the same                                                                    
request.                                                                                                                        
                                                                                                                                
Senator Olson  asked about Section  23 and  the radiological                                                                    
procedures.  He  asked  how the  legislation  restricts  the                                                                    
practice of current radiology  technicians. Mr. Logan stated                                                                    
that a board member could answer the question.                                                                                  
                                                                                                                                
Senator Olson  asked how  many disciplinary  actions occured                                                                    
in the last  five years. Mr. Logan deferred  the question to                                                                    
the director.                                                                                                                   
                                                                                                                                
9:30:19 AM                                                                                                                    
                                                                                                                                
DEBORAH  STAUFFER, ALASKA  STATE BOARD  OF DENTAL  EXAMINERS                                                                    
(via   teleconference),   testified   in  support   of   the                                                                    
legislation. She  stated that the board  of dental examiners                                                                    
unanimously supported the passage of  SB 92. She pointed out                                                                    
that the  legislation updates  current statutes.  She stated                                                                    
that as  of February, there  were six open  complaints filed                                                                    
and awaiting review. She  mentioned nine open investigations                                                                    
with some  consent agreements pending  and noted  nine other                                                                    
cases awaiting  records or release documents  since the last                                                                    
meeting in December. The results  are similar to those noted                                                                    
in the  November meeting regarding the  number of complaints                                                                    
and investigations. She  stated that one case  closed in May                                                                    
after  eight  years of  investigation.  She  opined that  an                                                                    
additional investigator would help protect the public.                                                                          
                                                                                                                                
Co-Chair Stedman requested the data in letter format.                                                                           
                                                                                                                                
9:34:28 AM                                                                                                                    
                                                                                                                                
Senator  Olson  asked  how the  number  of  open  complaints                                                                    
compares with those  of the medical board.  Ms. Stauffer did                                                                    
not know.                                                                                                                       
                                                                                                                                
Senator Olson  requested a comparison. He  believed that the                                                                    
medical board  did not possess  their own  investigator. Co-                                                                    
Chair Stedman stated that the  data will be compiled for the                                                                    
committee.                                                                                                                      
                                                                                                                                
9:35:06 AM                                                                                                                    
                                                                                                                                
GAIL   WALDEN,   MATSU,   ALASKA  STATE   DENTAL   HYGIENIST                                                                    
ASSOCIATION  (via teleconference),  testified in  support of                                                                    
the  legislation. She  agreed that  the dental  practice act                                                                    
had   not   been   thoroughly  reviewed   and   updated   in                                                                    
approximately  20 years.  She noted  that SB  92 amends  and                                                                    
repeals dental  hygiene statute language  where appropriate,                                                                    
making the practice act more  concise. She opined that SB 92                                                                    
maintains high standards for dental hygienists.                                                                                 
                                                                                                                                
9:36:33 AM                                                                                                                    
                                                                                                                                
DON HABEGER, DIRECTOR, DIVISION  OF CORPORATE, BUSINESS, AND                                                                    
PROFESSIONAL  LICENSING, stated  that  he did  not have  the                                                                    
requested  information to  answer Senator  Olson's question.                                                                    
He offered to provide the information to the committee.                                                                         
                                                                                                                                
Senator Egan  offered to provide additional  information and                                                                    
announced  that an  amendment would  be  offered during  the                                                                    
bill's next hearing.                                                                                                            
                                                                                                                                
SB  92  was   HEARD  and  HELD  in   Committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SB 19 DOR Response 03 10 11.pdf SFIN 3/30/2011 9:00:00 AM
SB 19
SB 19 - Letter Support MotoQuest.pdf SFIN 3/30/2011 9:00:00 AM
SB 19
SB 19 - Letter Support AMA.pdf SFIN 3/30/2011 9:00:00 AM
SB 19
SB 19 - Letter Support Harley.pdf SFIN 3/30/2011 9:00:00 AM
SB 19
SB 19 - Relevant Statutes.pdf SFIN 3/30/2011 9:00:00 AM
SB 19
SB 19 - Sample Itinerary.pdf SFIN 3/30/2011 9:00:00 AM
SB 19
SB 19 - Sponsor Statement.pdf SFIN 3/30/2011 9:00:00 AM
SB 19
CSSB 42(RES) FERC RCA Oversight 3-22-11.pdf SFIN 3/30/2011 9:00:00 AM
SB 42
CSSB 42(RES) RCA regulation 3-22-11.pdf SFIN 3/30/2011 9:00:00 AM
SB 42
CSSB 42(RES) Sectional Analysis - By Subject March 22, 2011.pdf SFIN 3/30/2011 9:00:00 AM
SB 42
CSSB 42(RES) Sectional Analysis - Sequential March 22, 2011.pdf SFIN 3/30/2011 9:00:00 AM
SB 42
New SB092-CCED-CBPL-03-01-11.pdf SFIN 3/30/2011 9:00:00 AM
SB 92
SB 42 Governor Transmittal Letter 1-14-11.pdf SFIN 3/30/2011 9:00:00 AM
SB 42
SB 92 Amendment D.1, 3-17-11.PDF SFIN 3/30/2011 9:00:00 AM
SB 92
SB 92 Changes from original to L&C CS.pdf SFIN 3/30/2011 9:00:00 AM
SB 92
SB 92 Sectional Analysis CSSB92- L&C.pdf SFIN 3/30/2011 9:00:00 AM
SB 92
SB 92 Sectional Analysis.pdf SFIN 3/30/2011 9:00:00 AM
SB 92
SB 92 Sponsor Statement CS L&C.pdf SFIN 3/30/2011 9:00:00 AM
SB 92
SB 92 Summary of Fiscal Notes.pdf SFIN 3/30/2011 9:00:00 AM
SB 92
SB 92-SCF proposed amendment support letter.pdf SFIN 3/30/2011 9:00:00 AM
SB 92
SB 66 - CSSB66_Sectional_AIDEA NMTC.pdf SFIN 3/30/2011 9:00:00 AM
SB 66
SB 66_Hearing Information Sheet.pdf SFIN 3/30/2011 9:00:00 AM
SB 66
SB 66_White Paper-NMTC(1-26).pdf SFIN 3/30/2011 9:00:00 AM
SB 66
SB 90 Alaska Society of CPA Support Letter.pdf SFIN 3/30/2011 9:00:00 AM
SB 90
SB 90 Board of Accountancy Background Letter.pdf SFIN 3/30/2011 9:00:00 AM
SB 90
SB 90 DOA Determination on Range and Step.pdf SFIN 3/30/2011 9:00:00 AM
SB 90
SB 90 Sponsor Statement.pdf SFIN 3/30/2011 9:00:00 AM
SB 90
SB 94 Background Material Newpaper letter from Fran Ulmer.pdf SFIN 3/30/2011 9:00:00 AM
SB 94
SB 94 Senators' Vote form for SB 94.pdf SFIN 3/30/2011 9:00:00 AM
SB 94
SB 94 Background Material Resolution.pdf SFIN 3/30/2011 9:00:00 AM
SB 94
SB 97 Version E.pdf SFIN 3/30/2011 9:00:00 AM
SB 97
SB 97 LFD Chart.pdf SFIN 3/30/2011 9:00:00 AM
SB 97
SB 92 CBPL memo.doc SFIN 3/30/2011 9:00:00 AM
SB 92