Legislature(1995 - 1996)

05/04/1995 09:10 AM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
    SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE                     
                          May 4, 1995                                          
                           9:10 a.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Lyda Green, Chairman                                                  
 Senator Loren Leman, Vice-Chairman                                            
 Senator Mike Miller                                                           
 Senator Judy Salo                                                             
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Johnny Ellis                                                          
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 CS FOR HOUSE BILL NO. 182(HES)                                                
 "An Act allowing a dentist to delegate certain duties to a dental             
 assistant."                                                                   
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 HB 182 - No previous action to record.                                        
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Benjamin Brown, Staff                                                         
 Representative Cynthia Toohey                                                 
 State Capitol                                                                 
 Juneau, Alaska 99801-1182                                                     
 POSITION STATEMENT:  Discussed HB 182.                                        
                                                                               
 Tom Bornstein                                                                 
 Southeast Alaska Regional Health Consortium                                   
 1020 Otter Run                                                                
 Juneau, Alaska 99801                                                          
 POSITION STATEMENT:  Supported HB 182.                                        
                                                                               
 Catherine Reardon, Director                                                   
 Division of Occupational Licensing                                            
 Department of Commerce                                                        
 PO Box 110806                                                                 
 Juneau, Alaska 99811-0806                                                     
 POSITION STATEMENT:  Stated that the division did not have any                
                      objections to HB 182.                                    
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 95-35, SIDE A                                                            
                                                                               
       HB 182 DELEGATION OF DUTIES TO DENTAL ASSISTANTS                      
                                                                               
 Number 002                                                                    
                                                                               
 CHAIRMAN GREEN called the Senate Health, Education and Social                 
 Services (HESS) Committee work session to order at 9:10 a.m. and              
 introduced  HB 182  as the only order of business.                            
                                                                               
 BENJAMIN BROWN, staff to Representative Toohey, explained that                
 HB 182 was made necessary by a 1988 Attorney General determination.           
 The dental hygienist statute specifies that dental hygienists can             
 perform the application of preventive agents and pit and fissure              
 sealants, therefore, it was determined that no one else can do this           
 but dentists.  That determination changed the long-standing dental            
 practice in Alaska which created a critical need, especially in               
 rural Alaska; itinerant dentists cannot carry a hygienist along               
 with them.  Itinerant dentists have the option of performing those            
 procedures themselves, getting a hygienist to perform those                   
 procedures - which is prohibitively expensive, or those procedures            
 are just not performed.  The Dental Society is unanimously in                 
 support of HB 182 as well as many of the nonprofit regional Native            
 health cooperations.                                                          
                                                                               
 TOM BORNSTEIN, Director of Dental Services for the Southeast Alaska           
 Regional Health Consortium (SEARHC), supported HB 182 which allows            
 dentists to delegate the responsibility of the application of pit             
 and fissure sealants to dental assistants.  He informed the                   
 committee that he had earned a BA, a BS, a DDS, and a two year                
 advanced general practice residency after his DDS degree.  The                
 consortium is in favor of getting sealants on teeth in the most               
 cost effective manner possible.  He said that dental assistants can           
 provide this service in a quality manner.  Dental sealants have               
 been in wide spread use over the past 20 years.  SEARHC has used              
 sealants extensively in the last 10 years.  Dental assistants have            
 been applying these sealants for the last 10 years.                           
                                                                               
 Number 078                                                                    
                                                                               
 CHAIRMAN GREEN noted that a quorum had arrived and that a formal              
 meeting was called to order.                                                  
                                                                               
 TOM BORNSTEIN said that he was not aware of any problems with                 
 allowing dental assistants to apply these sealants.  He explained             
 that the problem occurred when the Attorney General's Office of               
 Alaska notified SEARHC that dental assistants were not allowed                
 under the State Dental Practice Act to apply dental sealants.                 
 However, the Attorney General's Office also informed SEARHC that              
 federally hired dental assistants are not under the purview of the            
 State Dental Practice Act and can therefore, continue to apply                
 dental sealants.  Both directly hired dental assistants and                   
 federally hired dental assistants work side by side with the same             
 training.                                                                     
 Mr. Bornstein dismissed the characterization of dental assistants             
 as untrained people.  Of the 16 dental assistants working for                 
 SEARHC, 14 have more than 10 years experience as dental assistants.           
 Under Occupational Safety and Health Association (OSHA) guidelines            
 dentists are required to provide certain written policies and                 
 procedures that dental assistants must follow in order to protect             
 themselves and the patient.  Mr. Bornstein said that technically              
 sealants are an easy procedure to perform.  The scope of knowledge            
 necessary for a dental assistant to perform this procedure is well            
 within their level of training.                                               
                                                                               
 Number 154                                                                    
                                                                               
 With regards to the notion that allowing a dental assistant to                
 perform sealants would decrease the importance or the role of the             
 dental hygienist, dental sealants are a minor portion of what                 
 dental hygienist does.  Delegating this procedure to dental                   
 assistants would not devalue the hygienist's role.  He noted that             
 SEARHC has difficulty in filling hygienist positions.  Allowing               
 dental hygienists to perform procedures for which they were                   
 specifically trained would ensure the value of the hygienist.                 
                                                                               
 Mr. Bornstein noted that there had been some information                      
 circulating regarding the possible certification of dental                    
 assistants to do sealants.  At one time, there was a program in               
 which the Indian Health Services West was preparing to certify                
 dental assistants.  The IHS determined that there was no need to              
 certify dental assistants in this procedure.  He said that the                
 certification process was more cumbersome than the training of the            
 dental assistants who apply sealants.  Mr. Bornstein explained that           
 the knowledge necessary is already required by OSHA.                          
                                                                               
 SENATOR LEMAN asked if those hygienists that had worked more than             
 30 years were highly stressed.  TOM BORNSTEIN informed the                    
 committee of a dental hygienist in Sitka who has been working for             
 32 years and seems to be more enthusiastic.                                   
                                                                               
 Number 218                                                                    
                                                                               
 SENATOR LEMAN inquired as to the material used in these sealants.             
 TOM BORNSTEIN said that it is an unfilled resin material, a                   
 composite resin that is unfilled.  The material is similar to that            
 used in fillings.  Mr. Bornstein explained that sealants attempt to           
 cover the grooves with a thin coat.  The material is soft and                 
 people eventually wear the thin coat off except in the grooves                
 which affords a smoother service for easier cleansing.                        
                                                                               
 SENATOR LEMAN asked if the material was a silver, mercury amalgam.            
 TOM BORNSTEIN specified that there is no metal at all in sealants.            
 In response to Senator Leman, Mr. Bornstein said that the                     
 opposition he had discussed earlier was in response to a letter               
 from a dental hygienist's concerns that he had read.                          
 CHAIRMAN GREEN commented that she had received much opposition to             
 this from dental hygienists.  She said that she did not want to               
 offend dental hygienists; professions do have territories.  She               
 wanted to ensure that there was a mechanism in place in order to              
 eliminate the possibility that hygienists are dismissed.                      
                                                                               
 TOM BORNSTEIN informed the committee that a Juneau office had been            
 actively recruiting for a dental hygienist for a year and a half.             
 He said that this legislation would not undervalue the services of            
 the dental hygienist.  Another concern raised in the letter from              
 the Hygiene Organization to hygienists was that this legislation              
 would allow dental assistants to polish teeth.  That function is              
 clearly delineated in the Dental Practice Act that policing teeth             
 is a hygiene function.  A lot of the hygienists who are opposed to            
 this legislation have been given some misinformation.                         
                                                                               
 Number 268                                                                    
                                                                               
 SENATOR SALO inquired as to what would happen if there was a                  
 mistake in the application of the sealant.                                    
                                                                               
 TOM BORNSTEIN explained that the most common problem in the                   
 application of a dental sealant is that the area where the sealant            
 is being applied does not remain dry.  If the area becomes moist              
 with the patient's saliva or water, the sealant does not adhere.              
 The etching solution that creates a porous surface for the sealant            
 to adhere to would also be problematic if the area does not remain            
 dry.  Mr. Bornstein said that another reason for dental assistants            
 to be allowed to help with this procedure is due to the need for              
 two persons to be working on the sealant in order to keep things              
 dry.  The worst scenario with sealants would be that it did not               
 work.  He noted that the instruments used could be a danger, but              
 those instruments are used everyday.                                          
                                                                               
 CHAIRMAN GREEN asked if the dentist under which the assistant works           
 would be ultimately liable for any problems.  TOM BORNSTEIN said              
 yes.  The dentists and dental assistants in the federal or IHS                
 programs are usually covered under the Federal Torts Malpractice.             
 All dentists are required to have malpractice insurance while                 
 dental assistants are not.  Mr. Bornstein pointed out that dentists           
 are required to insure their employees, therefore the dentist would           
 be ultimately held liable.                                                    
                                                                               
 CHAIRMAN GREEN inquired as to if the IHS training program was in              
 place and active.  TOM BORNSTEIN indicated that the IHS was                   
 interested in certifying dental assistants to perform dental                  
 sealants.  IHS determined that certification was not necessary.  In           
 speaking for most of the dental programs for the Native                       
 corporations, the corporations ensure that dental assistants                  
 performing sealants go through training.  However, there is not a             
 formal training mechanism in the state.  In some states, dental               
 assistants who go through a training program would receive                    
 information regarding sealants; not all dental assistants go                  
 through this dental assisting program.  All of the dental                     
 assistants at the corporations are trained before they are allowed            
 to practice.                                                                  
                                                                               
 Number 338                                                                    
                                                                               
 CATHERINE REARDON, Director of the Division of Occupational                   
 Licensing, informed the committee that she was present in order to            
 answer questions regarding licensing or anything that affected her            
 division.  She said that the division does not have any objections            
 to this legislation.                                                          
                                                                               
 SENATOR LEMAN inquired as to the meaning of the division not having           
 any objections.                                                               
                                                                               
 CATHERINE REARDON explained that the Dental Board has not taken a             
 formal position on this bill.  The division's position is                     
 officially neutral.  At this time, the division would not be                  
 involved in the delegation of authority.                                      
                                                                               
 SENATOR LEMAN expressed concern with how his vote on this would be            
 interpreted with respect to other areas such as engineering.                  
                                                                               
 Number 359                                                                    
                                                                               
 SENATOR LEMAN moved that CSHB 182(HES) be forwarded out of                    
 committee with individual recommendations.  Hearing no objection,             
 it was so ordered.                                                            
                                                                               
 There being no further business before the committee, the meeting             
 adjourned at 9:34 a.m.                                                        
                                                                               

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