Legislature(2017 - 2018)SENATE FINANCE 532

04/24/2018 09:00 AM FINANCE

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Audio Topic
10:34:07 AM Start
10:34:48 AM HB346
10:53:31 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 150 PAY, ALLOWANCES, BENEFITS FOR MILITIA MEM TELECONFERENCED
<Bill Hearing Canceled>
+ HB 346 DENTIST: TEMPORARY PERMIT TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                      April 24, 2018                                                                                            
                        10:34 a.m.                                                                                              
                                                                                                                                
10:34:07 AM                                                                                                                   
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair MacKinnon called the Senate Finance Committee                                                                          
meeting to order at 10:34 a.m.                                                                                                  
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Anna MacKinnon, Co-Chair                                                                                                
Senator Click Bishop, Vice-Chair                                                                                                
Senator Peter Micciche                                                                                                          
Senator Donny Olson                                                                                                             
Senator Gary Stevens                                                                                                            
Senator Natasha von Imhof                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative  Sam  Kito,  Sponsor; Caitlyn  Ellis,  Staff,                                                                    
Representative   Sam  Kito;   Janey  McCullough,   Director,                                                                    
Division   of   Corporations,  Business   and   Professional                                                                    
Licensing,  Department of  Commerce, Community  and Economic                                                                    
Development.                                                                                                                    
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
David Logan, Alaska Dental Society, Juneau; David Nielson,                                                                      
State Dental Board, Anchorage.                                                                                                  
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
CSHB 346(L&C)                                                                                                                   
          DENTIST: TEMPORARY PERMIT                                                                                             
                                                                                                                                
          CSHB 346(L&C) was HEARD and HELD in committee for                                                                     
          further consideration.                                                                                                
                                                                                                                                
CS FOR HOUSE BILL NO. 346(L&C)                                                                                                
                                                                                                                                
     "An Act relating to the licensure of dentists."                                                                            
                                                                                                                                
10:34:48 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon noted  that SB 150 had  been removed from                                                                    
the schedule.                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon directed attention to HB 346.                                                                                
                                                                                                                                
REPRESENTATIVE  SAM KITO,  SPONSOR,  spoke to  the bill.  He                                                                    
relayed that the bill would  facilitate making sure that all                                                                    
Alaskans had access to dental  care. He discussed situations                                                                    
in which rural  areas did not have access to  a dentist. The                                                                    
bill allowed  for the  provision of  a temporary  license by                                                                    
the   Department  of   Commerce,  Community,   and  Economic                                                                    
Development (DCCED).                                                                                                            
                                                                                                                                
10:36:49 AM                                                                                                                   
                                                                                                                                
CAITLYN  ELLIS, STAFF,  REPRESENTATIVE  SAM KITO,  discussed                                                                    
the  bill.  She  referenced  a document  pertaining  to  the                                                                    
number of dental specialists in Alaska (copy on file).                                                                          
                                                                                                                                
     General Dentists 511                                                                                                       
     Total Dental Specialists 136                                                                                               
     Breakdown of Dental Specialists                                                                                            
     Oral Surgery 30                                                                                                            
     Endodontics 13                                                                                                             
     Orthodontics 31                                                                                                            
     Pediatrics 30                                                                                                              
     Prosthodontics 8                                                                                                           
     Oral and Maxillofacial Pathology 3                                                                                         
     Oral and Maxillofacial Radiology 0                                                                                         
     Periodontics 6                                                                                                             
     Dental Public Health 15                                                                                                    
                                                                                                                                
Ms. Ellis reiterated that the  bill allowed for the issuance                                                                    
of a temporary  license, that could be issued  for a quarter                                                                    
of the  time of a  full license, at  a quarter of  the cost.                                                                    
The license could be renewed  once. She mentioned that DCCED                                                                    
had  requested regulation  transition language  be added  to                                                                    
the bill.                                                                                                                       
                                                                                                                                
10:38:43 AM                                                                                                                   
Co-Chair  MacKinnon asked  for  a walk-through  of the  bill                                                                    
sections.                                                                                                                       
                                                                                                                                
Ms. Ellis  discussed the  sections of  the bill.  She stated                                                                    
that  Section 1  specified that  a license  was required  to                                                                    
practice  in  the  state. Section  2  listed  the  necessary                                                                    
qualifications  for  a  temporary  permit.  She  noted  that                                                                    
Section 2 had been amended  in a committee substitute in the                                                                    
other body.  Section 2 specified  the length of time  of the                                                                    
permits. She  noted that the  last line of the  bill defined                                                                    
"incapacitated."                                                                                                                
                                                                                                                                
Senator  Stevens  asked about  the  length  of time  of  the                                                                    
proposed  temporary license,  and whether  dentists licensed                                                                    
internationally were eligible for the temporary permits.                                                                        
                                                                                                                                
Ms. Ellis referenced Section 2, Line 13:                                                                                        
                                                                                                                                
     (1)  hold an  active  license from  a  board of  dental                                                                    
     examiners  established under  the  laws of  a state  or                                                                    
     territory  of the  United States  issued after  through                                                                    
     examination;                                                                                                               
                                                                                                                                
Ms. Ellis spoke to Section 2, Subsection (f):                                                                                   
                                                                                                                                
     (f)  A temporary  permit issued  under this  section is                                                                    
     initially valid for 90  consecutive calendar days. Upon                                                                    
     request  of  a  permittee,  the board  shall  extend  a                                                                    
     permit issued  under this section for  60 calendar days                                                                    
     if,  before  the  expiration   of  the  initial  90-day                                                                    
     permit, the permittee submits to  the board a completed                                                                    
     application  form  and  the  fee  required  under  this                                                                    
     chapter, except  that the board  may refuse to  grant a                                                                    
     request  for  an extension  for  the  same reasons  the                                                                    
     board my  revoke a license under  AS 08.36.315. Permits                                                                    
     and extensions  of permits issued to  a permittee under                                                                    
     this section are  not valid for more  than 240 calendar                                                                    
     days during any consecutive 24 months.                                                                                     
                                                                                                                                
10:41:11 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon looked at Page 2, Line 20:                                                                                   
                                                                                                                                
     (g) The  board may  extend a  permit issued  under this                                                                    
     section   for  a   period   that   exceeds  the   limit                                                                    
     established  in  (f)  of  this  section  of  the  board                                                                    
     determines that  the extension is necessary  to provide                                                                    
     essential dental services and the board has clearance                                                                      
     report from the                                                                                                            
         (1) National Practitioner Data Bank; and                                                                               
          (2) United States Drug Enforcement Administration                                                                     
                                                                                                                                
Co-Chair MacKinnon OPENED public testimony.                                                                                     
                                                                                                                                
10:42:18 AM                                                                                                                   
                                                                                                                                
DAVID   LOGAN,   ALASKA    DENTAL   SOCIETY,   JUNEAU   (via                                                                    
teleconference),  testified  in  support  of  the  bill.  He                                                                    
relayed  that there  had  been incidences  over  the past  5                                                                    
years  where  practitioners  had  become  incapacitated  and                                                                    
unable to  perform dentistry.  He said  that there  were not                                                                    
enough specialists in-state  to fill the need  and that out-                                                                    
of-state specialists  were the  only option for  patients to                                                                    
continue to receive service.                                                                                                    
                                                                                                                                
Senator  Olson  asked whether  Dr.  Logan  had been  on  the                                                                    
dental board in the past.                                                                                                       
                                                                                                                                
Dr. Logan answered in the affirmative.                                                                                          
                                                                                                                                
Senator  Olson asked  how the  board would  assure that  the                                                                    
out-of-state dentists were thoroughly vetted.                                                                                   
                                                                                                                                
Dr.  Logan replied  that  specialists  looking for  coverage                                                                    
would  vet  the  person  taking over  and  that  the  person                                                                    
filling in would likely be  a former classmate or colleague.                                                                    
He added that  most importantly the candidate  would have an                                                                    
active  license in  another state;  disciplinary infractions                                                                    
in  other  states would  result  in  the revocation  of  the                                                                    
license.                                                                                                                        
                                                                                                                                
Senator Olson  wondered about possible  pending disciplinary                                                                    
action.                                                                                                                         
                                                                                                                                
Dr. Logan  said that all  pending infractions would  be part                                                                    
of a databank and could be researched by the board.                                                                             
                                                                                                                                
10:45:08 AM                                                                                                                   
                                                                                                                                
Co-Chair  MacKinnon  referenced  Dr.  Logan's  letter  dated                                                                    
January 18,  2018 (copy on  file). She read from  the second                                                                    
paragraph:                                                                                                                      
                                                                                                                                
     "The  smaller  communities   typically  have  itinerate                                                                    
     coverage and  when that is  disrupted, as was  the case                                                                    
     during the past two years,  it forces patients in those                                                                    
     communities to  either go  without care  or to  have to                                                                    
     travel to larger communities."                                                                                             
                                                                                                                                
Co-Chair MacKinnon read  from Page 2, Lines 3  through 5, of                                                                    
the bill:                                                                                                                       
                                                                                                                                
     (c)  A temporary  permit issued  under this  section is                                                                    
     valid  only  to  treat patients  of  the  incapacitated                                                                    
     dentist at  an address  listed on the  business license                                                                    
     of the incapacitated dentist.                                                                                              
                                                                                                                                
Co-Chair  MacKinnon   wondered  what  the  bill   meant  for                                                                    
traveling dentists.                                                                                                             
                                                                                                                                
Dr. Logan replied  that the language was  meant to highlight                                                                    
that  the  temporary  permits were  strictly  for  replacing                                                                    
incapacitated  dentists and  not for  any side  practice. He                                                                    
believed that this would safeguard  that this was not a work                                                                    
around for the licensure process.                                                                                               
                                                                                                                                
Co-Chair MacKinnon  asked about  new clientele  and wondered                                                                    
whether new patients would be  able to receive care from the                                                                    
temporary replacement of the incapacitated dentist.                                                                             
                                                                                                                                
Dr. Logan  responded that new  patients could  receive care.                                                                    
He  stressed  that  the  intent was  for  use  typically  by                                                                    
specialists,  which  generally   did  not  maintain  patient                                                                    
records. He  noted that general dentists  generally referred                                                                    
their patients to a specialist.                                                                                                 
                                                                                                                                
10:47:59 AM                                                                                                                   
                                                                                                                                
DAVID   NIELSON,   STATE   DENTAL  BOARD,   ANCHORAGE   (via                                                                    
teleconference),  testified  that  the board  was  in  total                                                                    
support of  the bill.  The department had  asked regulations                                                                    
to  be  produced  that  would  support  and  expand  on  the                                                                    
qualifications   to  receive   the   temporary  permit.   He                                                                    
supported  the  work  that  had   been  done  to  craft  the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon CLOSED public testimony.                                                                                     
                                                                                                                                
10:49:37 AM                                                                                                                   
                                                                                                                                
Co-Chair MacKinnon solicited comments from DCCED.                                                                               
                                                                                                                                
JANEY  MCCULLOUGH,   DIRECTOR,  DIVISION   OF  CORPORATIONS,                                                                    
BUSINESS   AND   PROFESSIONAL   LICENSING,   DEPARTMENT   OF                                                                    
COMMERCE,  COMMUNITY  AND  ECONOMIC  DEVELOPMENT,  requested                                                                    
that the  committee consider transition language  that would                                                                    
allow the  department and the  Board of Dental  Examiners to                                                                    
conduct  a regulations  project to  implement the  bill. She                                                                    
supported an effective  date of January 1, 2019;  to get the                                                                    
necessary work done.                                                                                                            
                                                                                                                                
Vice-Chair  Bishop   discussed  FN  1  from   Department  of                                                                    
Commerce,  Community and  Economic  Development. He  relayed                                                                    
that  the  funding  would  cover   the  legal  cost  of  the                                                                    
regulation package printing and postage in the first year.                                                                      
                                                                                                                                
Co-Chair MacKinnon commented on  the July 1, 2019 regulation                                                                    
date as listed on the fiscal note.                                                                                              
                                                                                                                                
Ms. McCullough  stated that the  work could be  completed by                                                                    
January 1, 2019.                                                                                                                
                                                                                                                                
Co-Chair MacKinnon  stated that the committee  would work to                                                                    
update and modify  the fiscal note to  include the effective                                                                    
date for regualtion. She said  that the committee would work                                                                    
with the  sponsor to draft regualtion  to reflect transition                                                                    
language   and   effective    date   for   the   regulations                                                                    
implementation.  she would work with the sponsor                                                                                
                                                                                                                                
Co-Chair  MacKinnon noted  that Senator  Stevens had  been a                                                                    
strong advocate for the bill.                                                                                                   
                                                                                                                                
CSHB  346  was  HEARD  and HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair MacKinnon discussed housekeeping.                                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                   
10:53:31 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:53 a.m.                                                                                         
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
HB 346 Public Testimony Silveria.pdf SFIN 4/24/2018 9:00:00 AM
HB 346
HB346 Explanation of Changes ver A to ver D 2.23.18.pdf SFIN 4/24/2018 9:00:00 AM
HB 346
HB346 Sponsor Statement.pdf SFIN 4/24/2018 9:00:00 AM
HB 346
HB346 Letters of Support 2.17.18.pdf SFIN 4/24/2018 9:00:00 AM
HB 346
HB346 Supporting Document - Dentist specialty numbers.pdf SFIN 4/24/2018 9:00:00 AM
HB 346