Legislature(2007 - 2008)

02/15/2008 02:33 PM Senate HES


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02:33:23 PM Start
02:34:27 PM SB239
03:13:27 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
              SB 239-DENTISTS & DENTAL ASSISTANTS                                                                           
                                                                                                                              
                                                                                                                                
CHAIR DAVIS announced SB 239 for consideration.                                                                                 
                                                                                                                                
2:34:27 PM                                                                                                                    
SENATOR  THOMAS  presented  his  sponsor  statement  and  a  brief                                                              
overview. SB 239  would improve the efficiency of  dental care and                                                              
reduce  treatment   costs  by   expanding  the  functions   dental                                                              
assistants are  permitted to perform.  It would allow  a certified                                                              
dental assistant  to place  fillings into a  cavity prepared  by a                                                              
licensed dentist  and to  polish teeth that  are already  clean of                                                              
tartar.  He  noted  that  dental   assistants  are  not  currently                                                              
regulated  by the  state. They  work very  closely with  dentists,                                                              
who are responsible for monitoring the quality of their work.                                                                   
                                                                                                                                
2:38:11 PM                                                                                                                    
DR.  DAVID  LOGAN,  Doctor  of Dental  Surgery  (DDS),  Juneau  AK                                                              
requested  the  committee  adopt the  changes  in  the CS  for  SB
239.He said  this is a  bill about access  to care in  rural areas                                                              
and  for  the  underserved.  He explained  that  it  is  difficult                                                              
children  to be  seen by  a dentist  or hygienist  for a  cleaning                                                              
because,  in  Alaska  the  Medicaid   reimbursement  for  a  child                                                              
cleaning is $48.00  and the average hourly salary  for a hygienist                                                              
is $54.00.  They are  looking for avenues  to resolve  the problem                                                              
using  the  available  labor  pool and  dental  assistants  are  a                                                              
logical choice.  They would  be trained  and certified  to perform                                                              
the task,  so it would be  safe and cost-effective. He  noted that                                                              
it is already done in many other states.                                                                                        
                                                                                                                                
The restorative  function  would primarily  serve the rural  areas                                                              
for  itinerant  teams  moving  in. The  dentists  would  numb  the                                                              
patients, work with  the assistants to prepare the  teeth, and the                                                              
assistants  would do the  fillings. The  dentists would  return to                                                              
check their work  afterward to make sure everything  has been done                                                              
properly.  This would provide  a tremendous  increase in  service,                                                              
from 70 to 100 percent.                                                                                                         
                                                                                                                                
2:41:04 PM                                                                                                                    
SENATOR  COWDERY joined  meeting  the meeting  via  teleconference                                                              
and asked  how this  addressed the concerns  that cropped  up from                                                              
prior proposals.                                                                                                                
                                                                                                                                
DR. LOGAN said he  did not understand the question  and asked what                                                              
concerns the senator was referring to.                                                                                          
                                                                                                                                
SENATOR COWDERY  responded that  there were concerns  that cropped                                                              
up  from  prior  proposals regarding  expanded  duties  of  dental                                                              
assistants  and   he  wondered  whether  all  of   them  had  been                                                              
addressed.                                                                                                                      
                                                                                                                                
CHAIR DAVIS explained  that this is the first hearing  of the bill                                                              
and suggested  that Senator Cowdery  might be referring to  a bill                                                              
on dental hygienists that had already passed the committee.                                                                     
                                                                                                                                
DR. PETE  HIGGINS, DDS, said  the bill  would help in  rural areas                                                              
and with elderly  care. Alaska Dental Outreach  Corporation (ADOC)                                                              
is  a nonprofit  organization put  together by  the Alaska  Dental                                                              
Society to  get dentists  out in field  with assistants,  and this                                                              
would  allow them  to see  more  patients in  the villages,  where                                                              
they have limited  capacity. He noted that the  federal government                                                              
has certified  assistants for  expanded duties  for years  and one                                                              
of  his   assistants  had  been   certified  in   California.  The                                                              
Anchorage and Fairbanks  Hygienist Associations were  working with                                                              
them on training,  and he was  confident that the board  could put                                                              
together a good  certification program. He felt the  bill was long                                                              
overdue and strongly supported passage.                                                                                         
                                                                                                                                
2:45:41 PM                                                                                                                    
SENATOR  ELTON asked  about the  training  his assistant  received                                                              
for certification in California.                                                                                                
                                                                                                                                
DR HIGGENS  said she  trained for  16 months  because she  started                                                              
from  scratch  and had  to  take  the  core  courses as  well.  In                                                              
California  one  can pick  and  choose  what  areas one  wants  to                                                              
expand  into, but  they  would prefer  to  limit  it cleaning  and                                                              
fillings here  in Alaska. He was  not sure how long  that training                                                              
would be.                                                                                                                       
                                                                                                                                
2:47:11 PM                                                                                                                    
DAVID  L.  EICHLER,   DMD,  President,  Alaska  Board   of  Dental                                                              
Examiners supported the bill.                                                                                                   
                                                                                                                                
SENATOR  ELTON asked  whether a  dental assistant  is more  highly                                                              
trained than a dental hygienist or vice versa.                                                                                  
                                                                                                                                
DR EICHLER  answered  no, hygienists  typically study  for 3  to 5                                                              
years;  assistants  receive on-the-job  training,  although  there                                                              
are some continuing  education courses available  at University of                                                              
Alaska Fairbanks.                                                                                                               
                                                                                                                                
2:50:11 PM                                                                                                                    
DR.  MIKE  BOOTH, Dentist,  thought  the  bill  would be  a  great                                                              
advantage to  the children  of state because  dentists tend  to be                                                              
old, male  and grouchy; hygienists  tend to be highly  educated, a                                                              
little older  and very  expensive; dental  assistants are  usually                                                              
young women  who look  a lot  like mom,  which may  be a lot  less                                                              
stressful for them.                                                                                                             
                                                                                                                                
DR DAN PITTS, Dentist,  Soldotna AK, spoke in favor  of SB 239. He                                                              
had  been practicing  for 30  yr practice,  the first  6 of  which                                                              
were in the  villages of Toke,  Tetlin and Northway. This  isn't a                                                              
new  idea.  He  was trained  to  work  with  expanded-duty  dental                                                              
assistants 30 yrs  ago and it has continued to  be common practice                                                              
in many states.                                                                                                                 
                                                                                                                                
DR. MARK PRATER,  Dentist, said he had practiced in  the state for                                                              
31 years  in Anchorage,  Kotzebue, Amblin and  Wasilla, so  he was                                                              
familiar with the problems of access to care in the villages.                                                                   
                                                                                                                                
2:54:15 PM                                                                                                                    
He could see that  passing this bill would be of  great benefit to                                                              
people in the rural  areas, to bring them adequate  care. He added                                                              
his support for passage of SB 239.                                                                                              
                                                                                                                                
PHYLLIS  PENDERGRAST, Dentist,  Fairbanks  AK, said  she had  been                                                              
practicing  in Alaska  for 30  years,  acted as  president of  the                                                              
dental  board,  president  of  the   Alaska  Dental  Society,  and                                                              
president of the  Western Regional Examining Board.  For the first                                                              
seven  years  she worked  in  villages,  including four  years  in                                                              
Galena. She  felt privileged  to work  with several  extended-duty                                                              
dental assistants  who would  place amalgam  and composite,  chair                                                              
side  reversible  filling  materials,   in  teeth  after  she  had                                                              
prepared  them. They  were skilled,  very  professional, and  good                                                              
with the  patients. One  of her  assistants graduated  from school                                                              
in  Idaho and  was  certified to  place  amalgams and  composites.                                                              
Another of  her staff  helped start  the dental assisting  program                                                              
in   Fairbanks  and   actually  practices   placing  amalgams   in                                                              
dentiform  teeth.  That program  could  be  expanded.  The use  of                                                              
expanded function  dental assistants could help to  solve the bush                                                              
problem and possibly  a statewide shortage of dentists  and dental                                                              
personnel.                                                                                                                      
                                                                                                                                
2:58:12 PM                                                                                                                    
SENATOR  THOMAS moved  CSSB  239,  referred to  as  Version e,  be                                                              
adopted as  the working  document. There  being no objection,  the                                                              
motion carried.                                                                                                                 
                                                                                                                                
CATHERINE  REARDON,  Staff to  Senator  Thomas, provided  a  brief                                                              
analysis of  the bill. Page 1,  paragraph B, line 9  authorizes an                                                              
assistant  to perform  coronal  polishing  only on  teeth  without                                                              
calculus and  under direct supervision.  She emphasized  that this                                                              
should not  be confused with  full cleaning,  it is just  the last                                                              
step.  It would also  give the  board the  authority to  establish                                                              
fees and renewal and continuing education requirements.                                                                         
                                                                                                                                
The  second   part,  at  the   bottom  line  [page]   one,  covers                                                              
certification  for  packing  a   cavity  with  filling  after  the                                                              
dentist has  drilled it  out. Specific  training requirements  are                                                              
detailed  at the  top  of line  [page] two,  including  successful                                                              
completion  of a program  accredited by  the Commission  on Dental                                                              
Accreditation of  the American Dental Association  or other course                                                              
approved  by  the  board;  and passage  of  the  Western  Regional                                                              
Examining  Board's  restorative  examination or  other  equivalent                                                              
examination  approved   by  the   board  within  the   five  years                                                              
preceding the dental assistant's certification application.                                                                     
                                                                                                                                
The next  section lists what  a dentist  may delegate to  a dental                                                              
assistant and is  broken into two sections: what  may be delegated                                                              
under  indirect supervision  what  may be  delegated under  direct                                                              
supervision. Those terms are defined at the end of the bill.                                                                    
                                                                                                                                
Because  dental assistants  were  not in  statute previously,  the                                                              
bill sets out things  that they are already permitted  to do under                                                              
indirect  supervision. That  list begins  on page  2, line  18 and                                                              
includes   such  tasks   as:   x-rays,  application   of   topical                                                              
preventative agents (fluoride) or pit and fissure sealants.                                                                     
                                                                                                                                
3:04:27 PM                                                                                                                    
Although other  duties may be approved  by the board  under direct                                                              
supervision,   they  cannot  include   certain  items   under  the                                                              
hygienist  statute  08.32.110, such  as  anesthesia,  even if  the                                                              
board decided to allow it.                                                                                                      
                                                                                                                                
MS. REARDON finished  by saying that additional  terms are defined                                                              
at the end  of the bill. She  pointed out that the  only reference                                                              
to "dental  assistant" in statute  was in 08.32.110 (d)  and would                                                              
no longer be needed  if this bill were to pass,  so it is repealed                                                              
in this bill.                                                                                                                   
                                                                                                                                
3:07:57 PM                                                                                                                    
SENATOR  ELTON   returned  to  the  programs  accredited   by  the                                                              
commission on  the top of  page two, paragraph  (2) where  it says                                                              
"...or the dental  assistant has legal authorization  from another                                                              
state or  jurisdiction...."  He warranted  that another state  may                                                              
have standards  or requirements that  are less stringent  than the                                                              
state  of Alaska's,  and it  seemed odd  to him that  we would  be                                                              
willing  to  accept that.  He  asked  if  he was  misreading  that                                                              
paragraph.                                                                                                                      
                                                                                                                                
MS REARDON answered that he was not misreading it.                                                                              
                                                                                                                                
SENATOR  THOMAS  said   he  believed  it  would  have   to  be  an                                                              
equivalent exam  approved by  the board, so  the board  would have                                                              
to approve it.                                                                                                                  
                                                                                                                                
3:11:28 PM                                                                                                                    
SENATOR  THOMAS  moved to  report  CSSB  239(HES) version  E  from                                                              
committee  with  individual recommendations  and  attached  fiscal                                                              
note(s). There being no objection, the motion carried.                                                                          

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