Legislature(2011 - 2012)BARNES 124

01/27/2012 03:15 PM House LABOR & COMMERCE


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03:19:25 PM Start
03:19:59 PM SB92
03:55:16 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 92 DENTISTS/DENTAL HYGIENISTS/ASSISTANTS TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                        January 27, 2012                                                                                        
                           3:19 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Kurt Olson, Chair                                                                                                
Representative Dan Saddler                                                                                                      
Representative Steve Thompson                                                                                                   
Representative Lindsey Holmes                                                                                                   
Representative Bob Miller                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Craig Johnson, Vice Chair                                                                                        
Representative Mike Chenault                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 92(FIN)                                                                                
"An Act relating to dental hygienists, dentists, dental                                                                         
assistants, dental hygiene, and dentistry."                                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 92                                                                                                                   
SHORT TITLE: DENTISTS/DENTAL HYGIENISTS/ASSISTANTS                                                                              
SPONSOR(s): SENATOR(s) EGAN                                                                                                     
                                                                                                                                
02/21/11       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/21/11       (S)       L&C, FIN                                                                                               
02/24/11       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/24/11       (S)       Heard & Held                                                                                           
02/24/11       (S)       MINUTE(L&C)                                                                                            
03/01/11       (S)       L&C AT 2:00 PM BELTZ 105 (TSBldg)                                                                      
03/01/11       (S)       Moved CSSB  92(L&C) Out of Committee                                                                   
03/01/11       (S)       MINUTE(L&C)                                                                                            
03/07/11       (S)       L&C RPT CS  3DP    SAME TITLE                                                                          
03/07/11       (S)       DP: EGAN, DAVIS, PASKVAN                                                                               
03/30/11       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/30/11       (S)       Heard & Held                                                                                           
03/30/11       (S)       MINUTE(FIN)                                                                                            
04/04/11       (S)       FIN RPT CS  6DP 1NR    SAME TITLE                                                                      
04/04/11       (S)       DP: HOFFMAN, STEDMAN, THOMAS, EGAN,                                                                    
                         MCGUIRE, ELLIS                                                                                         
04/04/11       (S)       NR: OLSON                                                                                              
04/04/11       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
04/04/11       (S)       Moved CSSB  92(FIN) Out of Committee                                                                   
04/04/11       (S)       MINUTE(FIN)                                                                                            
04/07/11       (S)       TRANSMITTED TO (H)                                                                                     
04/07/11       (S)       VERSION: CSSB 92(FIN)                                                                                  
04/08/11       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/08/11       (H)       L&C, FIN                                                                                               
01/27/12       (H)       L&C AT 3:15 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DANA OWEN, Staff                                                                                                                
Senate Labor & Commerce Standing Committee, Senator Egan, Chair                                                                 
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT: Presented  SB  92 on  behalf  of the  Senate                                                             
Labor and Commerce Standing Committee, chaired by Senator Egan.                                                                 
                                                                                                                                
DAVID LOGAN, Dentist                                                                                                            
Legislative Chair, Alaska Dental Society                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified and  answered questions during the                                                             
discussion of SB 92.                                                                                                            
                                                                                                                                
DON HABEGER, Director                                                                                                           
Division of Corporations, Business, and Professional Licensing                                                                  
Department of Commerce, Community & Economic Development (DCCED)                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided  information and answered questions                                                             
during the discussion of SB 92.                                                                                                 
                                                                                                                                
GALE WALDON, Dental Hygienist; Chair                                                                                            
Alaska State Dental Hygienists Association (ASDHA)                                                                              
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of SB 92.                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:19:25 PM                                                                                                                    
                                                                                                                                
CHAIR KURT  OLSON called  the House  Labor and  Commerce Standing                                                             
Committee  meeting  to  order  at   3:19  p.m.    Representatives                                                               
Saddler, Thompson, Holmes, Miller, and  Olson were present at the                                                               
call to order.                                                                                                                  
                                                                                                                                
          SB 92-DENTISTS/DENTAL HYGIENISTS/ASSISTANTS                                                                       
                                                                                                                                
3:19:59 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  only order of business  would be                                                               
SENATE  BILL  NO. 92,  "An  Act  relating to  dental  hygienists,                                                               
dentists, dental assistants, dental hygiene, and dentistry."                                                                    
                                                                                                                                
3:20:44 PM                                                                                                                    
                                                                                                                                
DANA  OWEN, Staff,  Senate Labor  & Commerce  Standing Committee,                                                               
stated  that Dr.  Logan  brought this  matter  to Senator  Egan's                                                               
attention.   He related  it has  been 20  years since  the Dental                                                               
Practices Act  has had  a comprehensive  review and  the statutes                                                               
needed  updating.   He noted  several  policy issues  are in  the                                                               
bill, but characterized SB 92  largely as a housekeeping measure.                                                               
He thanked Konrad Jackson, staff  to the House Labor and Commerce                                                               
Committee, for his effort on this bill.                                                                                         
                                                                                                                                
3:22:05 PM                                                                                                                    
                                                                                                                                
MR. OWEN  highlighted significant aspects  of the bill.   Many of                                                               
the references  in statute were  archaic, such as a  reference to                                                               
the Alaska Native Service, which  is now the United States Indian                                                               
Health  Service.   He noted  other archaic  references such  as a                                                               
reference   to  a   certificate   of  registry.     Even   though                                                               
certificates are no longer issued  the registers of those engaged                                                               
in the dental  professions are still maintained.   He stated that                                                               
some  people  have expressed  interest  in  giving the  Board  of                                                               
Dental Examiners  greater flexibility over licensing  dentists by                                                               
credentials,  who are  the dentists  already licensed  in another                                                               
jurisdiction.     He   suggested  this   would  provide   a  more                                                               
streamlined process  for experienced  dentists who wish  to apply                                                               
for licensing  in Alaska,  rather than  requiring them  to submit                                                               
the  same documentation  a  new dentist  must  submit.   Instead,                                                               
prospective licensees  would use  their credentials  from another                                                               
jurisdiction to gain  a license in Alaska.  This  bill would also                                                               
require  that the  president  of the  Board  of Dental  Examiners                                                               
(BDE)  be a  licensed  dentist or  licensed  hygienist since  the                                                               
board desires  to have  the board oversight  performed by  one of                                                               
the dental professionals.                                                                                                       
                                                                                                                                
3:24:00 PM                                                                                                                    
                                                                                                                                
MR. OWEN pointed  out that current statutes  require licensees be                                                               
notified by mail that the license  is about to expire, but due to                                                               
changes  in  technology,  an  electronic  means  of  notification                                                               
should be  sufficient notice.   This  process would  provide more                                                               
flexibility and a  more efficient process.  Under  this bill, the                                                               
board   would  also   gain  an   investigator   position.     The                                                               
investigator would  perform on-site visits and  investigate other                                                               
matters under  the board's  purview.  He  referred to  the fiscal                                                               
note, which he said was  previously discussed and approved by the                                                               
Senate Finance Committee.                                                                                                       
                                                                                                                                
3:25:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  related her understanding that  the fiscal                                                               
impact  for the  new  position will  be  paid through  licensees'                                                               
dues.                                                                                                                           
                                                                                                                                
CHAIR OLSON agreed it was a  process similar to the one taken for                                                               
the Board  of Public  Accountancy (BPA)  that passed  through the                                                               
committee last year.                                                                                                            
                                                                                                                                
MR. OWEN  agreed that the  investigator position is  a fees-based                                                               
position.                                                                                                                       
                                                                                                                                
3:25:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked whether the position  would be paid                                                               
from dues or licensure fees.                                                                                                    
                                                                                                                                
MR.  OWEN related  his  understanding  the investigator  position                                                               
would come  from a  fee.   He continued his  bill analysis.   The                                                               
bill would maintain  an exemption for licensure  for dentists and                                                               
hygienists who  work for clinics  that operate under  the federal                                                               
Indian  Health Program,  even while  serving people  who are  not                                                               
Alaska   Natives.     The   exemption   comes   from  a   federal                                                               
authorization and this bill simply  mirrors federal law.  He said                                                               
one  provision  would  tailor  requirements  for  supervision  of                                                               
dental  assistants to  accommodate  students  and instructors  in                                                               
credentialed academic  programs.  The matter  of whether students                                                               
could practice as dental assistants  came up at the University of                                                               
Alaska Anchorage  (UAA).  This provision  clarifies that students                                                               
who  are  in  an  accredited   program  can  practice  as  dental                                                               
assistants.                                                                                                                     
                                                                                                                                
3:26:53 PM                                                                                                                    
                                                                                                                                
MR. OWEN continued.   This bill would also  expand the definition                                                               
of  dental office  owners  and operators,  who  must be  licensed                                                               
practitioners except  for certain nonprofits,  local governments,                                                               
and  institutions of  higher learning.   It  adds a  provision to                                                               
address the  situation when a  person becomes  a sole owner  of a                                                               
dental practice through  the death of a previous owner.   In that                                                               
instance, if the  heir wishes to sell the  practice, he/she would                                                               
have up to 24  months to do so - extendable by  the board.  Thus,                                                               
the surviving  spouse, who  may not  be a  licensed practitioner,                                                               
could own the business and wind up the dental practice affairs.                                                                 
                                                                                                                                
MR.  OWEN  brought  attention  to   two  amendments  in  members'                                                               
packets, previously submitted  to the committee.   He stated that                                                               
these amendments will enhance some portions of the bill.                                                                        
                                                                                                                                
3:27:40 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON clarified  for the record the amendments  Mr. Owen is                                                               
referring  to  are the  ones  in  members' packets  labeled  [27-                                                               
LS0403\E.1,   Bullard,   4/8/11,   and   27-LS0403\E.2,   Martin,                                                               
1/19/12].                                                                                                                       
                                                                                                                                
MR. OWEN continued.   He explained the  Dental Assisting National                                                               
Board  (DANB)  advised  the sponsor  that  the  title  "certified                                                               
dental assistant"  is a  trademark name.   He explained  that the                                                               
first  amendment, E.1,  would change  a number  of references  of                                                               
certified  dental  assistant  to  registered  dental  assistants,                                                               
which is  apparently okay with  the DANB.   He mentioned  that he                                                               
has received several  phone calls from this  organization at each                                                               
step of the process so the organization is persistent.                                                                          
                                                                                                                                
3:29:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  moved to  adopt Amendment 1,  E.1, labeled                                                               
27-LS0403\E.1, Bullard, 4/8/11, which read, as follows:                                                                         
                                                                                                                                
     Page 10, line 25, following "credentialing":                                                                           
          Insert ", registration,"                                                                                          
                                                                                                                                
                                                                                                                                
     Page 10, line 28:                                                                                                          
          Delete "certified"                                                                                                
          Insert "registered"                                                                                               
                                                                                                                                
     Page 11, line 2, following "certificates,":                                                                                
          Insert "registration documents,"                                                                                  
                                                                                                                                
     Page 11, line 7, following "license":                                                                                  
          Insert ", registration,"                                                                                          
                                                                                                                                
     Page 13, line 20:                                                                                                          
          Delete "certified"                                                                                                
          Insert "registered"                                                                                               
                                                                                                                                
     Page 13, line 21, following "certificates,"                                                                            
          Insert "registrations,"                                                                                           
                                                                                                                                
     Page 13, line 22:                                                                                                          
          Delete "certified"                                                                                                
          Insert "registered"                                                                                               
                                                                                                                                
     Page 17, line 14, following "permit":                                                                                  
          Insert ", registration,"                                                                                          
                                                                                                                                
     Page 18, line 17:                                                                                                          
          Delete "certificate"                                                                                                
          Insert "registration"                                                                                               
                                                                                                                                
     Page 18, line 19:                                                                                                          
          Delete "certificate"                                                                                                  
          Insert "registration document"                                                                                        
                                                                                                                                
     Page 18, line 27:                                                                                                          
          Delete "certified"                                                                                                    
          Insert "registered"                                                                                                   
                                                                                                                                
     Page 21, lines 13 - 17:                                                                                                    
          Delete all material and insert:                                                                                       
               "(7)  "licensed dental hygienist" means a                                                                        
     dental hygienist licensed under AS 08.32;                                                                                  
               (8)  "licensed dentist" means a dentist                                                                          
     licensed under this chapter;                                                                                               
               (9)  "registered dental assistant" means a                                                                       
     dental assistant registered under this chapter."                                                                           
                                                                                                                                
CHAIR OLSON objected for purpose of discussion.                                                                                 
                                                                                                                                
There being no further objection, Amendment E 1 was adopted.                                                                    
[The committee treated Chair Olson's objection as having been                                                                   
removed.]                                                                                                                       
                                                                                                                                
3:30:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES moved to adopt Amendment 2, labeled 27-                                                                   
LS0403\E.2, Martin, 1/19/12, which read as follows:                                                                             
                                                                                                                                
     Page 2, line 23:                                                                                                           
          Delete "Examiners"                                                                                                    
          Insert "Boards"                                                                                                       
                                                                                                                                
     Page 15, line 7:                                                                                                           
          Delete "shall"                                                                                                        
          Insert "may"                                                                                                          
                                                                                                                                
     Page 19, line 27, following "dental services":                                                                             
          Insert "to rural or underserved populations"                                                                          
                                                                                                                                
CHAIR OLSON objected for the purpose of discussion.                                                                             
                                                                                                                                
MR. OWEN explained  that Amendment 2 would  correct the reference                                                               
to a  name, which either  changed or was  listed in error  in the                                                               
bill.  He referred to page  2, line 23, which deletes "Examiners"                                                               
and  inserts  "Boards"  to  reflect  the  correct  name  for  the                                                               
American Association of Dental Boards in SB 92.                                                                                 
                                                                                                                                
3:30:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  pointed out Amendment 2  would also change                                                               
the language from "shall" to  "may".  She asked for clarification                                                               
on this change.                                                                                                                 
                                                                                                                                
MR. OWEN explained  the language change in Amendment 2.   He said                                                               
that  SB  92  would  give  the Board  of  Dental  Examiners  more                                                               
latitude and  authority, so  some of  the repealers  have removed                                                               
certain requirements from the activities  the board oversees.  He                                                               
stated this  is the result  of committee discussions held  in the                                                               
Senate,  which  had  concluded  that   the  board  was  the  most                                                               
appropriate  place to  deal  with certain  issues,  such as  good                                                               
practices by  dentists.   He pointed out  one requirement  in the                                                               
current   statutes   necessitates   an   applicant   "shall"   be                                                               
interviewed,  but after  holding  discussions  with dentists  and                                                               
dental  hygienists  it made  sense  for  the  board to  have  the                                                               
latitude to make  those types of decisions.  He  referred to page                                                               
19, lines  26-27 of SB  92, which read,"(1) a  labor organization                                                               
or a  nonprofit organization formed  by or  on behalf of  a labor                                                               
organization for the purpose of  providing dentals services."  He                                                               
described this provision  as an exclusionary clause.   He related                                                               
that Amendment 2 would add  the language "to rural or underserved                                                               
populations," which  should help make more  services available in                                                               
rural  areas.   He emphasized  that  who is  allowed to  practice                                                               
dentistry  in remote  locations, where  dentists are  not readily                                                               
available, often becomes a contentious  issue.  The sponsor would                                                               
like to clarify  that the exclusion would only apply  to rural or                                                               
underserved populations.                                                                                                        
                                                                                                                                
3:33:28 PM                                                                                                                    
                                                                                                                                
There being no  further objection, Amendment 2  was adopted. [The                                                               
committee  treated   Chair  Olson's  objection  as   having  been                                                               
removed.]                                                                                                                       
                                                                                                                                
3:33:37 PM                                                                                                                    
                                                                                                                                
MR.  OWEN  brought  attention  to members  that  a  committee  of                                                               
dentists and dental hygienists first  brought an initial draft of                                                               
the bill  to the sponsor.   He offered  that this bill  isn't the                                                               
result  of only  one group  in the  dental profession.   Instead,                                                               
several groups have had input into the bill, he stated.                                                                         
                                                                                                                                
CHAIR OLSON thanked  dentists and hygienists for their  work.  He                                                               
advised members that his intention is  not to move the bill today                                                               
to  review the  repealers in  the  bill to  avoid any  unintended                                                               
consequences.                                                                                                                   
                                                                                                                                
3:35:27 PM                                                                                                                    
                                                                                                                                
DAVID LOGAN,  Dentist, Legislative Chair, Alaska  Dental Society,                                                               
on  behalf of  the Alaska  Dental Society,  expressed thanks  and                                                               
commended Mr. Owen  for his testimony and work.   He related that                                                               
the bill has gone through numerous  changes.  He indicated that a                                                               
group of  dentists, hygienists, and  board members worked  on the                                                               
language with the sponsor.  He described  the goal of SB 92 as an                                                               
effort to make the practice of  dentistry better in the state and                                                               
help  protect the  public.   He  concluded by  offering that  the                                                               
Alaska Dental Society supports SB 92.                                                                                           
                                                                                                                                
3:36:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER referred  to page 5, line 7,  of the bill.                                                               
He asked for the distinction  between a program accredited by the                                                               
Commission  on Dental  Accreditation and  a course  offered under                                                               
the  auspices of  this organization.   He  further asked  whether                                                               
this would weaken the standards.                                                                                                
                                                                                                                                
DR. LOGAN  answered no.   The explained that the  language refers                                                               
to the technical  definition within the bylaws  of the Commission                                                               
on  Dental  Accreditation  of  the  American  Dental  Association                                                               
(CODAA),  which  is the  council  that  authorizes and  certifies                                                               
courses and provides certification.   The bill would simply adopt                                                               
the courses either  in person or on-line.  He  clarified that the                                                               
course would  need to be  certified by  CODAA before it  would be                                                               
approved.                                                                                                                       
                                                                                                                                
REPRESENTATIVE SADDLER  related his understanding  that certified                                                               
and accredited would be a term of art.                                                                                          
                                                                                                                                
DR. LOGAN agreed.                                                                                                               
                                                                                                                                
3:38:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER referred to page  5, lines 29 through page                                                               
6, lines  1- 23, to  the language  that lists practices,  some of                                                               
which  have  been removed.    He  read,  "APPLY PIT  AND  FISSURE                                                               
SEALANTS;  PERFORM  ROOT  PLANING  AND  PERIODONTAL  SOFT  TISSUE                                                               
CURETTAGE;" and said this section  also adds some procedures.  He                                                               
read,   "remove  marginal   overhangs;   use  local   periodontal                                                               
therapeutic  agents...."     He   asked  whether   this  language                                                               
represents a  change to the  scope of  practice or just  adds new                                                               
names for the same procedures.                                                                                                  
                                                                                                                                
DR. LOGAN  answered that it  was not a  change in practices.   He                                                               
referred to paragraph (4), "PERFORM  ROOT PLANING AND PERIODONTAL                                                               
SOFT  TISSUE  CURETTAGE;" which  is  reflected  as the  technical                                                               
definition  on  page 6,  line  10,  in subparagraph  1(E),  which                                                               
reads, "perform nonsurgical periodontal  therapy;".  He explained                                                               
that  the  other  procedures listed,  such  as  applying  topical                                                               
preventative  agents  and  pit and  fissure  sealants,  as  tasks                                                               
dental  assistants  currently  are  allowed to  perform  in  this                                                               
state.    He  added  that a  dental  hygienist  automatically  is                                                               
authorized  to do  anything  an assistant  can  since the  dental                                                               
assistant  is  non-licensed  and  non-certified  in  this  state,                                                               
except  in  the  two  instances  noted  in  the  amendments  just                                                               
adopted.                                                                                                                        
                                                                                                                                
3:40:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  referred to the language  that limits the                                                               
chair  of the  board to  a dentist.   He  inquired as  to whether                                                               
which  a  non-dentist  board  member  has  ever  served  in  that                                                               
capacity.                                                                                                                       
                                                                                                                                
DR. LOGAN  answered no, not  to his  knowledge.  He  related that                                                               
the board  chair or president  - as the title  is interchangeably                                                               
used - often  works with the investigators and  the role requires                                                               
the educational background to understand  the technical nature of                                                               
dentistry to address any issues.                                                                                                
                                                                                                                                
3:40:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER recalled earlier  testimony that the board                                                               
lacked an  investigator.   He asked  whether many  problems exist                                                               
and if the board needs an investigator.                                                                                         
                                                                                                                                
DR.  LOGAN  answered   that  the  BDE  has   always  employed  an                                                               
investigator,  but the  position has  been  part time.   The  BDE                                                               
shares an  investigator with  other boards so  it takes  time for                                                               
cases  to be  adjudicated.   He acknowledged  that dentists  have                                                               
been made aware  additional fees will be  assessed for licensure.                                                               
He  indicated  that  when  instances   arise  and  dentists  need                                                               
disciplinary  action,  such  as  suspension  or  revocation,  the                                                               
action needs to happen in a timely fashion.                                                                                     
                                                                                                                                
REPRESENTATIVE   SADDLER  referred   again   to  the   additional                                                               
licensing fees to  cover the investigator.  He  asked whether the                                                               
membership was comfortable with the increased fees.                                                                             
                                                                                                                                
DR. LOGAN  responded that  suggesting an  increase in  fees never                                                               
receives  unanimous support,  but the  frequent complaint  is the                                                               
length of time  that investigations take so the  vast majority of                                                               
the professionals support the need  for a full time investigator,                                                               
which offsets the extra $100 biennial fee.                                                                                      
                                                                                                                                
3:42:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  whether  any  application  glitch                                                               
exists  between   the  board  and   accrediting  agencies.     He                                                               
highlighted an instance  brought to his attention in  which a new                                                               
dentist   may  submit   to   occupational   licensing,  but   the                                                               
application  is pending  completion until  additional information                                                               
is  received.   He inquired  as to  whether any  means exists  to                                                               
streamline the process.                                                                                                         
                                                                                                                                
DR  LOGAN   deferred  to  Don  Habeger,   Director,  Division  of                                                               
Corporations,  Business, and  Professional  Licensing to  address                                                               
this question.                                                                                                                  
                                                                                                                                
3:43:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER  referred  to   page  2  lines  [8]-9,  to                                                               
subparagraph  (D), which  he  read,  "has not  had  a license  to                                                               
practice  dental  hygiene   revoked,  suspended,  or  voluntarily                                                               
surrendered  in this  state or  another  state."   He asked  what                                                               
happens to the  original license during the  process of licensure                                                               
and whether the license would lapse  or if this varies from state                                                               
to state.                                                                                                                       
                                                                                                                                
DR. LOGAN asked for clarification  on whether the question refers                                                               
to dentists who  have their licenses taken  away for disciplinary                                                               
action, and whether they must surrender their license.                                                                          
                                                                                                                                
REPRESENTATIVE MILLER  clarified that he understood  what happens                                                               
when a  license has been  revoked or suspended since  that action                                                               
appears to be due to  disciplinary action taken; however, he said                                                               
he was  unsure of the  voluntary surrender  of licenses.   He was                                                               
curious  what would  happen to  an active  dental license  when a                                                               
person moves to Alaska.  He said  he is unsure if this would hold                                                               
up the process of the dentist from practicing dentistry.                                                                        
                                                                                                                                
DR. LOGAN answered  no, it would not.  He  related that typically                                                               
a dentist would keep his  license current in another state, which                                                               
would  lapse over  time.   He offered  that in  most disciplinary                                                               
actions the license would be voluntarily surrendered.                                                                           
                                                                                                                                
3:45:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MILLER  referred   to  page   2,  line   28,  to                                                               
subparagraph (I)  and read, "not  been convicted of a  crime that                                                               
adversely  reflects on  their ability  ... to  practice...."   He                                                               
asked  who  would  make  the  determination  on  the  meaning  of                                                               
"adversely affects,"  and whether the  decision would be  made by                                                               
the whole board or just one person.                                                                                             
                                                                                                                                
DR.  LOGAN deferred  to  the division  for the  final  word.   He                                                               
related  his  understanding  that  in some  instances  where  the                                                               
person  failed to  meet the  guidelines,  the licensing  examiner                                                               
would likely do so.  He  offered his belief that if anything fell                                                               
in a  gray area, such  as a dentist who  had been convicted  of a                                                               
crime not directly related to  dentistry that the matter would be                                                               
brought to the board's attention for a final decision.                                                                          
                                                                                                                                
3:46:34 PM                                                                                                                    
                                                                                                                                
DON HABEGER,  Director, Division  of Corporations,  Business, and                                                               
Professional  Licensing,  Department  of Commerce,  Community,  &                                                               
Economic Development  (DCCED), stated that his  staff worked with                                                               
Senator  Egan  and  the  dental  profession on  this  bill.    He                                                               
suggested that  Dr. Logan would speak  to the bill as  it relates                                                               
to the  practice of dentistry.   He offered, with respect  to how                                                               
examinations are conducted and  how investigative staff operates,                                                               
that the division is comfortable with the bill.                                                                                 
                                                                                                                                
3:48:06 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON asked  for an update on the next  sunset date for the                                                               
BDE.                                                                                                                            
                                                                                                                                
MR. HABEGER  explained that the  Board of Dental  Examiners (BDE)                                                               
had  a   sunset  review  last   year.    That  bill   passed  the                                                               
legislature,  but was  set aside  as a  result of  the governor's                                                               
veto.  The new BDE's sunset  extension is part of an omnibus bill                                                               
[HB  279] currently  before  the legislature.    This bill  would                                                               
extend the board for another eight years.                                                                                       
                                                                                                                                
CHAIR OLSON recalled that board had  been part of a bill that was                                                               
vetoed.                                                                                                                         
                                                                                                                                
3:49:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMPSON referred to  another bill that passed the                                                               
legislature last  year that  affected professional  licensing and                                                               
the ability  to transfer military  and their spouses'  ability to                                                               
transfer schooling  for dental hygienists.   He  further recalled                                                               
under  the  aforementioned bill,  hygienists  would  be issued  a                                                               
temporary   license  until   the  full   licensure  process   was                                                               
completed.    He related  his  understanding  no additional  fees                                                               
would be  charged on their  initial license.   He asked  how this                                                               
bill would  affect the military  and military spouses.   He asked                                                               
whether  this  requirement  has created  any  hardships  for  the                                                               
department.                                                                                                                     
                                                                                                                                
MR. HABEGER agreed that last  year the legislature passed what he                                                               
characterized as a  "military-spouse bill."  He  offered that the                                                               
department  had the  responsibility  to  assist military  spouses                                                               
with  temporary  licensure  to  enable  them  to  practice  their                                                               
professions  in Alaska.   He  pointed out  that his  division has                                                               
been  responding  to  those  tasks.   He  informed  members  that                                                               
another bill  currently before the legislature  would expand this                                                               
activity  to  recognize  certain education,  including  documents                                                               
such as diploma and certificates.   He reported that the division                                                               
supports  language in  the bill  as it  was reported  out of  the                                                               
[House] education committee today.                                                                                              
                                                                                                                                
MR. HABEGER explained the process  the division uses with respect                                                               
to temporary licenses.   He stated that if a  board has authority                                                               
and to  recognize temporary licenses  the division  must consider                                                               
military credit  and issue a  temporary license.  He  stated that                                                               
the division can accomplish this  for any program it administers,                                                               
about 20 programs,  but the division does not  have the authority                                                               
to  issue  a temporary  license  for  professions governed  by  a                                                               
board.  In  those instances, the board must first  take action to                                                               
recognize the temporary  license.  He advised that  after the BDE                                                               
has done  so, the division will  have the authority to  issue the                                                               
temporary license just as it  currently issues temporary licenses                                                               
for military personnel and their spouses.                                                                                       
                                                                                                                                
3:52:28 PM                                                                                                                    
                                                                                                                                
GALE  WALDON,  Dental  Hygienist;   Chair,  Alaska  State  Dental                                                               
Hygienists Association  (ASDHA), on  behalf of the  ASDHA, stated                                                               
that  she has  been one  of three  hygienists who  served on  the                                                               
committee  formed  to review,  update,  and  condense the  Dental                                                               
Practices Act  now contained in SB  92.  She offered  the ASDHA's                                                               
support for  SB 92.   She concurred with earlier  testimony, that                                                               
the Dental Practices Act has not  been reviewed for over 20 years                                                               
and  needs  to be  updated.    She  concurred  that many  of  the                                                               
statutes  are  inaccurate  and  do  not  represent  the  existing                                                               
practices and terminology of the  services provided by the dental                                                               
community.    This bill  would  also  update the  dental  hygiene                                                               
statutes,  as  appropriate.   One  of  the  ASDHA's goals  is  to                                                               
maintain the highest standard of  dental hygienists licensure and                                                               
practice.  She  stated the ASDHA believes SB  92 incorporates the                                                               
high standards  for dental hygienists so  these professionals can                                                               
continue to provide excellent care for Alaskans.                                                                                
                                                                                                                                
3:53:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked whether  a dental hygienist has ever                                                               
served as chair of the BDE.                                                                                                     
                                                                                                                                
MS. WALDON answered not to her knowledge.                                                                                       
                                                                                                                                
3:54:39 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after first  determining  no  one else  wished  to                                                               
testify, closed public testimony on SB 92.                                                                                      
                                                                                                                                
[SB 92 was held over.]                                                                                                          
                                                                                                                                
3:55:16 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Labor and Commerce Standing Committee meeting was adjourned at                                                                  
3:55 p.m.                                                                                                                       

Document Name Date/Time Subjects
SB92 Fiscal Note-DCCED-CBPL-12-15-11.pdf HL&C 1/27/2012 3:15:00 PM
SB 92
SB92 Draft Proposed Amendment E.1.PDF HL&C 1/27/2012 3:15:00 PM
SB 92
SB92 Draft Proposed Amendment E.2.pdf HL&C 1/27/2012 3:15:00 PM
SB 92
SB92 Sectional Analysis ver E.PDF HL&C 1/27/2012 3:15:00 PM
SB 92
SB92 Sponsor Statement ver E.pdf HL&C 1/27/2012 3:15:00 PM
SB 92
SB92 Supporting Document - Letter ADPAC 1-23-12.pdf HL&C 1/27/2012 3:15:00 PM
SB 92
SB92 ver E.pdf HL&C 1/27/2012 3:15:00 PM
SB 92