Legislature(1997 - 1998)

03/05/1998 01:52 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              SB 160 - DENTAL RADIOLOGICAL EQUIPMENT                           
                                                                               
CHAIRMAN LEMAN announced SB 160 to be up for consideration.                    
                                                                               
SENATOR MACKIE moved to adopt CSSB 160(L&C), Lauterbach LS0825/L,              
dated 2/20/98.  There were no objections and it was so ordered.                
                                                                               
SENATOR TAYLOR said he had correspondence saying that the State                
Dental Association had met in convention recently and strongly                 
supported this legislation.  He read a letter from a dentist to the            
Department of Health and Social Services saying the last time his              
office was inspected was seven years ago and that fees paid to the             
Department have increased to 250 percent of original fees.  He said            
the State has been negligent in terms of radiological inspections.             
They don't need inspections, but were promised inspections and paid            
for them.                                                                      
                                                                               
He explained that this bill provides that the Board, working                   
through the Department, would establish standards for those people             
who could and would inspect x-ray machines.  When you pay a company            
to check out your machine, their technical person having the proper            
qualifications, could be certified by our Department of Health and             
Social Services as an inspector and would render a report back to              
the Department noting that those machines had been inspected by an             
appropriate person.                                                            
                                                                               
SENATOR TAYLOR said that Section one provides that the Governor                
shall consider nominations made by the Alaska Dental Society which             
he is not now required to do.                                                  
                                                                               
CHAIRMAN LEMAN asked what that section had to do with the rest of              
the bill and radiological equipment.                                           
                                                                               
SENATOR TAYLOR answered that's who's going to make up the Board.               
                                                                               
CHAIRMAN LEMAN asked if there was going to be a new Board.                     
                                                                               
SENATOR TAYLOR answered no, but as appointments are made, they want            
to be heard from.                                                              
                                                                               
SENATOR MACKIE said he was concerned that that subject wouldn't go             
into the title and he also thought the Governor always considered              
nominations from the Dental Society.                                           
                                                                               
SENATOR TAYLOR said he didn't know.                                            
                                                                               
SENATOR KELLY said that the wording was so vague he couldn't object            
to it, but he didn't see where it fit into the title.                          
                                                                               
SENATOR TAYLOR said the drafters never mentioned it.                           
                                                                               
Number 304                                                                     
                                                                               
SENATOR MACKIE said it didn't really do anything, so why put it                
into statute.                                                                  
                                                                               
CHAIRMAN LEMAN asked if those were the only changes in the                     
committee substitute.                                                          
                                                                               
SENATOR TAYLOR said there were other major changes.  The second one            
changes the responsibility for registration and inspection from the            
Department of Health and Social Services to the Board of Dentistry             
allowing the Board to establish those standards. He reviewed other             
changes for the Committee.                                                     
                                                                               
DR. WOLLER strongly supported SB 160 because any time you can                  
privatize an inspection like this, it ends up being a more                     
efficient operation.  They are also looking at very low emission               
units and not the high emission industrial units, so public safety             
is not being compromised.                                                      
                                                                               
DR. PETER NAKAMURA, Director, Division of Public Health, explained             
what the registration and inspection process has been.  When he                
first came to the Department in 1991 there was only one person who             
was responsible for doing not only the examinations of all the                 
equipment and providing the consultation needed on radiation health            
issues like recent concerns with exposure to deposits at Point Hope            
and the use of I-131 in the Fairbanks area.  They have the                     
inability to do the kinds of inspections that are needed or wanted             
to be done and hired a second individual in May 1997.  Since that              
date, he and Ms. Catherine Coleman have inspected 70 of the 241                
dental devices that are in the State.  At this time, there are                 
approximately 500 medical facilities that have radiation devices;              
241 are related to dental services.  When his staff is involved in             
registration or an inspection process, it is more than just looking            
at a piece of equipment.  They look at the procedures, check to see            
if the staff are trained, they see if procedures for appropriate               
use of the equipment are posted anywhere, so there's some level of             
comfort that  whoever is using it is at least following a given                
protocol.  They go beyond checking the equipment and seeing if                 
there is release of radiation in the room beyond the head of the x-            
ray unit.                                                                      
                                                                               
DR. NAKAMURA said that Dr. Woller is right in that dental devices              
are extremely safe, especially if used with the proper techniques              
by properly trained people and taking into consideration any                   
unnecessary exposure to the provider or the patient.  For instance,            
inspectors look at the x-ray film to see if it's been well taken or            
over-exposed.  What commonly happens is when the film looks                    
inappropriate, the easiest way to correct it is to crank up the                
kilovoltage and increase the amount of exposure resulting in a                 
brighter film.  Often the problem is not the machine, but the                  
technique used to develop the film or the procedures.  This is what            
inspectors look at.                                                            
                                                                               
He had no problems with Section one having the Dental Association              
recommend people it thinks would be most competent on the Board.               
However, language in Section two saying "inspections of the control            
panel" is very specific and doesn't involve looking at the device              
itself in terms of the radiation heads.  Their inspections have                
found when a tube starts to go bad and gets a little "gassy," it               
can emit at different levels, sometimes twice as much, each time               
the test is repeated.  It has nothing to do with the panel, but                
with the tube.                                                                 
                                                                               
Narrowing language down to just the control panel would                        
significantly reduce the fees which were established in 1993,                  
because they are based on the number of tubes registered.  Dental              
units are charged $50 annually per tube and medical units are                  
charged $80 annually per tube.  The reason for the annual fee is               
their annual budget for this program is $120,000 per year; of that,            
$30,000 comes from the feds, about $26,000 comes from general                  
funds, and the rest of the $64,000 comes from fees that are                    
generated through the registration process.  To maintain a staff to            
do this, they need to collect fees.  Finding staff qualified to do             
this work is not easy.  They do recruit in-state, but haven't found            
anyone with the qualifications or the interest to assume this kind             
of responsibility.  Although the greatest hazard in the State from             
radiation is medical devices, checking them is not the only thing              
they do.  This is why another person was hired.                                
                                                                               
He wouldn't mind moving all responsibilities from the Department of            
Health, although that is the arm of government that is mandated by             
the Constitution to protect public health, as long as the work is              
done properly.                                                                 
                                                                               
Number 450                                                                     
                                                                               
DR. HANSEN said he did not know where information came from about              
a dentist having continually overexposed his patients.  He had                 
visited the office during an inspection of the equipment nothing               
was nothing found other than a slight light leak under the door of             
the dark room.  He thought that statement should have never been               
made.  He had asked about the inspection done in 1978 and whether              
the calibrations were done wrong and was told the equipment was old            
and their calibrations could have been off.                                    
                                                                               
Number 495                                                                     
                                                                               
MS. CATHERINE REARDON, Director, Division of Occupational                      
Licensing, said that she is here because her Division serves as                
staff to the Dental Board to whom this duty is being transferred in            
the bill.  She is not knowledgeable about radiologic health risks              
or x-ray equipment, so she deferred to Dr. Nakamura's comments on              
that aspect.  She would comment on the administrative aspects of               
the transfer.  She said the fiscal note was based on the original              
draft and would need revising.                                                 
                                                                               
Her understanding of the work draft is that private sector                     
technicians would take over inspection of the equipment.  She                  
checked with the Governor's Office and found that they have been               
considering names that are given to them by the Dental Society and             
didn't realize there was a problem.                                            
                                                                               
CHAIRMAN LEMAN asked if every licensed dentist in Alaska was a                 
member of the Dental Society.                                                  
                                                                               
MS. REARDON answered that she didn't think they were.                          
                                                                               
CHAIRMAN LEMAN asked if there was a way to get input from those who            
are not members.  He assumed they would be eligible to be appointed            
to the Board and asked if there was any organized group that might             
submit their name.                                                             
                                                                               
MS. REARDON said she didn't know of any other organized group, but             
anyone who has comments is free to send a letter off to the Office             
of Boards and Commissions in the Governor's Office.                            
                                                                               
She said that sometimes people will lease equipment and, therefore,            
it would be better to say "owners and lessors" throughout the bill.            
Secondly, she has a concern with language saying the Board cannot              
adopt standards that duplicate federal law or regulations, because             
they might want to adopt a federal regulation so there would be a              
corresponding State regulation that could be enforced.                         
                                                                               
On page 2 there is also a prohibition against the Board adopting               
regulations that are lower than the manufacturers standard and she             
questioned what would happen if the manufacturers standard is lower            
than the federal standard.                                                     
                                                                               
She also thought they might want to say a dentist or anyone under              
the dentist's supervision can use the equipment, because many times            
it's the dental hygienist or the dental assistant who actually uses            
the dental equipment.                                                          
                                                                               
She said that certification should be for entire calendar years, so            
everyone would be due at the same time.  If they want to send out              
a list of equipment that hasn't been certified to dentists, they               
can do that at one time.  Machines could say certifications are                
good up until a certain year, not just a specific month in a year.             
                                                                               
In the enforcement section, she questioned why it wouldn't be                  
considered unprofessional or incompetent practice to have a machine            
without a sticker on it, if it results in a $5,000 fine.  They                 
could also do it repeatedly.                                                   
                                                                               
In the area of public health service or other federal facilities,              
she didn't think we had the authority to require the federal                   
government to get a certification from the Dental Board.                       
                                                                               
TAPE 98-11, SIDE B                                                             
                                                                               
MS. REARDON said the basic task of the Dental Board would be to                
develop standards for the private sector inspectors.  She hoped                
there would be people in the State who could meet the                          
qualifications and would want to serve.  She said that inspectors              
in Maryland must have degrees in physics, biological sciences,                 
engineering or math, and a certain amount of experience in the                 
field.  She didn't know if that is typical for State inspectors and            
didn't know how well that meshed with manufacturers reps.                      
                                                                               
SENATOR KELLY said regarding Section seven that this title does not            
authorize the Department to register, inspect, test, or otherwise              
regulate dental radiological equipment or records relating to                  
dental radiological equipment regulated by the Board of Dental                 
Examiners under law.  He asked if she would even be in the game, if            
this bill passes.  He asked who would regulate the technicians.                
Someone answered that the Board would.                                         
                                                                               
MS. REARDON responded the reason she would be involved at all is               
because the Board does not have any staff outside of her Division,             
so in terms of who would be receiving the certifications, mailing              
out the stickers, etc., under the current system, it is her staff.             
                                                                               
She said that the Dental Board discussed this bill a couple of                 
meetings ago and opposed it in its original version.  As                       
individuals they may not all oppose the bill.                                  
                                                                               
MR. MIKE HELMBRECHT, Fairbanks Dentist, said he talked with Mr. Ken            
Crooks who was neutral on the bill.  He said he favored the bill               
very much and that the current system of dental x-ray inspection is            
broken and no longer effective.  It's also not in the public's best            
interest.  There is no need for government inspection.                         
                                                                               
There are two problems with the State doing the inspections.  The              
first is that the Department by its own admission hasn't had the               
personnel to do consistent inspections in over six years and since             
dental x-rays comprise over 50 percent of the units that the                   
Department inspects and meet only .3 percent of the radiation that             
Alaskans receive, they can transfer authority to regulate these                
units to the Dental Board of Examiners which would free the                    
Department to inspect only those x-ray machines that are capable of            
harmful doses of radiation.                                                    
                                                                               
MR. DAN ANDERSON, Repair Technician, said he repairs and calibrates            
dental and medical x-ray equipment.  He said the private sector                
technicians are ready and willing to calibrate and repair the                  
dental x-ray units.  He said there are a number of companies in                
Anchorage that would do it there.  He agreed with Dr. Nakamura's               
concern that using "control panel" is not a good choice of words.              
He cannot inspect a control panel without also inspecting the x-ray            
tube.  Also, if it is deemed by the Dental Board that more than the            
x-ray machine be done, they could also do a dark room survey where             
they would check the x-ray film processor.                                     
                                                                               
SENATOR KELLY asked if he had to go to school to become a                      
technician.                                                                    
                                                                               
MR. ANDERSON replied that he is a certified biomedical technician              
and has a B.S. degree.  To get the certification, one must have a              
two- or four-year degree and a certain number of years experience.             
Most technicians who repair dental equipment do not come from the              
medical equipment side like he does. Some have gotten their                    
training from the military, some from factories, some from an                  
apprenticeship, etc..  He said training for medical x-ray units is             
much more complicated than training for dental x-ray units.                    
                                                                               
Number 463                                                                     
                                                                               
SENATOR MACKIE asked what people in the rural areas were supposed              
to do.                                                                         
                                                                               
MR. ANDERSON responded that any town that has enough people to have            
a dental clinic will also have a medical clinic and so the                     
technician that goes to do the medical equipment could do the                  
dental, except for native clinics that are run by federal                      
employees.                                                                     
                                                                               
MR. SID HEIDORSDORF, a neurological physicist, said he first became            
involved with the State program in 1962 when he was first assigned             
here.  He said when proposals like this come up, there is a reason             
behind it, and he thought they should look for the reason.  He's               
heard of two issues, one is an inspection fee problems, but if it's            
a complaint about actions taken by the Department of Health and                
Social Services, that should be looked at.  It's either a                      
legitimate claim or it isn't.  He thought it would be a terrible               
mistake to transfer this responsibility out of the Division of                 
Health and Social Services to the Department of Commerce, because              
the State already has radiation responsibilities split three ways.             
The Department of Labor has responsibility for occupational                    
exposure to radiation, the Department of Environmental Conservation            
has responsibility for contamination of the air, soil, water, and              
subsurface soils by radioactive materials, and the Department of               
Health and Social Services which is responsible for all public                 
health aspects of radiation protection.                                        
                                                                               
Maintenance personnel are the mechanics and calibrate and repair x-            
ray equipment, but that has nothing to do with use of the equipment            
which is critical.  Dental x-rays are reliable, but five years                 
isn't an acceptable limit to go back and try to recheck what                   
exposures were.  When he left the State there were about 160 dental            
offices with an average of 3 x-ray units per office.  About 35                 
percent exceeded the "acceptable" exposure range and these are the             
offices he placed a higher priority on.                                        
                                                                               
He would not defend the statement, "An amount of radiation so                  
minute that there's no chance of harm."  The philosophy of                     
radiation protection is to minimize exposure and there is always a             
certain minimum amount you need to get a good x-ray.  He did not               
think maintenance personnel were equipped to do these kinds of                 
inspections on dental equipment.                                               
                                                                               
MR. HEIDORSDORF also said he would like to hear a definition of an             
outdated x-ray unit.  Twenty-five-year-old equipment is perfectly              
acceptable.  He opposed the inspection fee when it was instituted,             
but the legislature required the Department to start charging for              
services in 1987 or  88.  He emphasized that this is a registration            
fee, not an inspection fee and a lot of people thought it was a fee            
for inspection.  The cost of getting to remote areas to inspect                
equipment would be prohibitive, especially compared to a $50 per               
tube registration fee today.                                                   
                                                                               
He explained that dental units and medical units both operate                  
within the same range of 65 - 90 kilovolts.  Megavolts are therapy             
units and are not diagnostic x-rays.  The effect per exposure for              
a medical x-ray unit is identical to the effect of dental x-ray                
unit, if all other conditions are equal.                                       
                                                                               
Number 325                                                                     
                                                                               
SENATOR MACKIE asked if the $50 per tube fee was the only fee a                
dentist has to pay.  He asked how many tubes there are in a unit.              
                                                                               
MR. HEIDORSDORF answered that is the only fee and they can have as             
few as three or as many as six.                                                
                                                                               
SENATOR MACKIE asked if there are any inspection fees if he does an            
inspection.                                                                    
                                                                               
MR. HEIDORSDORF answered no.  The extra costs are covered by the               
State.                                                                         
                                                                               
SENATOR MACKIE asked if he ever had an instance where someone                  
wasn't ready to comply with his recommendations.                               
                                                                               
MR. HEIDORSDORF said he had a number of instances with medical                 
units, but not with dental.  Generally the weak link is processing.            
                                                                               
SENATOR MACKIE asked about inspecting the control panel only.                  
                                                                               
MR. HEIDORSDORF answered that he couldn't relate to that at all.               
You can't inspect an x-ray unit unless you check the tube.                     
                                                                               
SENATOR KELLY said his first concern is the health of the public               
and that's why this law was passed originally.  It would appear the            
dental x-ray units are not dangerous as some of the higher medical             
equipment.  He asked if there was a public health reason they                  
couldn't split the dental radiological equipment off from the                  
medical equipment.                                                             
                                                                               
MR. HEIDORSDORF said there was a good reason and it's because they             
are both ionizing radiations of the same type and both involve some            
type of radiation exposure to patients.  Therefore, it should be               
under the jurisdiction of people who are trained in radiation                  
safety.                                                                        
                                                                               
SENATOR TAYLOR asked if it wasn't a matter of drawing up                       
regulations and having the right person do it.                                 
                                                                               
Number 260                                                                     
                                                                               
MR. HEIDORSDORF said that could be done.  There are a number of                
states allowing private consultants to do these inspections right              
now.  He is not aware of a single state that accepts anything other            
than "a radiological health person" (backgrounds in physics and                
chemistry).                                                                    
                                                                               
SENATOR TAYLOR asked who replaced him at the Division of Public                
Health and if he had the same qualifications.                                  
                                                                               
MR. HEIDORSDORF said after he left the position was vacant for a               
couple of years and the person who replaced him was qualified, but             
has left.                                                                      
                                                                               
MS. CATHERINE COLEMAN, Division of Public Health, said there was a             
three and a half year gap.                                                     
                                                                               
MR. HEIDORSDORF repeated that radiation safety is not the concern              
of a repair technician, they make sure the equipment works                     
properly.  That doesn't Ensure that it is used properly and there              
is a big difference.  The feeling is that when you have an x-ray               
exam, the benefit from that exam will far exceed any risk.  There              
is some risk, but it's impossible to count up x-rays and then tell             
a person they can't have any more.  There is a clear benefit to                
having them.  He explained there are about 100 milligrams of                   
background radiation per year for the whole body.  It's very                   
difficult to compare medical or dental exams, because they are not             
whole body radiation.                                                          
                                                                               
SENATOR MACKIE added that he has a strong concern for what happens             
in the outlying areas and if they have to fly someone in from                  
Fairbanks or Anchorage, that could be done by the State.                       
                                                                               
SENATOR TAYLOR responded that in Ketchikan they would send                     
inspectors to the outlying areas during their scheduled stops for              
the City.  According to testimony he has heard, dental equipment is            
the least dangerous and most reliable of all.  He thought what has             
been happening for the last several years is that all the dentists             
have been paying their $50 per tube to basically keep the                      
inspectors away.  That's why there is a three and a half year gap              
with no one to do it and why some machines have gone six to 10                 
years without an inspection.  He said that he was gearing up to                
have inspections every five years.                                             
                                                                               
CHAIRMAN LEMAN said SB 160 would be held over for further work by              
the Committee.                                                                 

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