Legislature(2019 - 2020)BUTROVICH 205

03/16/2020 01:30 PM HEALTH & SOCIAL SERVICES

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Audio Topic
01:32:40 PM Start
01:33:03 PM SB190
01:47:55 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 190 DENTIST'S SPECIALTY LICENSES TELECONFERENCED
Moved CSSB 190(HSS) Out of Committee
-Invited Testimony Followed by Public Testimony-
+ Bills Previously Heard/Scheduled TELECONFERENCED
** Please Note: All Public Testimony Will be via
Telephone Only. No In-Person Testimony.
From Juneau: (907) 586-9085
From Anchorage: (907) 563- 9085
Outside Juneau & Anchorage: 1-844-586-9085
Written Testimony Will be Accepted at:
shss@akleg.gov
                    ALASKA STATE LEGISLATURE                                                                                  
      SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                    
                         March 16, 2020                                                                                         
                           1:32 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator David Wilson, Chair                                                                                                     
Senator Cathy Giessel                                                                                                           
Senator Mike Shower (via teleconference)                                                                                        
Senator Tom Begich                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Natasha von Imhof, Vice Chair                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 190                                                                                                             
"An Act relating to the practice of dentistry."                                                                                 
                                                                                                                                
     - MOVED CSSB 190(HSS) FROM COMMITTEE                                                                                       
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 190                                                                                                                  
SHORT TITLE: DENTIST'S SPECIALTY LICENSES                                                                                       
SPONSOR(s): SENATOR(s) WILSON                                                                                                   
                                                                                                                                
02/14/20       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/20       (S)       HSS, FIN                                                                                               
03/16/20       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JASMIN MARTIN, Staff                                                                                                            
Senator David Wilson                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided a sectional analysis for SB 190.                                                                 
                                                                                                                                
DOMINIC WENZELL, D.D.S., Board of Dental Examiners                                                                              
Girdwood, Alaska                                                                                                                
POSITION STATEMENT: Testified in support of SB 190.                                                                           
                                                                                                                                
DAVID LOGAN, D.D.S., Executive Director                                                                                         
Alaska Dental Society                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 190.                                                                           
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:32:40 PM                                                                                                                    
CHAIR DAVID WILSON  called the Senate Health  and Social Services                                                             
Standing Committee meeting  to order at 1:32 p.m.  Present at the                                                               
call to  order were  Senators Giessel  and Chair  Wilson. Senator                                                               
Shower joined  via teleconference. Senator Begich  arrived as the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
              SB 190-DENTIST'S SPECIALTY LICENSES                                                                           
                                                                                                                              
1:33:03 PM                                                                                                                    
CHAIR WILSON announced the consideration  of SENATE BILL NO. 190,                                                               
"An Act relating to the practice of dentistry."                                                                                 
                                                                                                                                
He stated that he sponsored SB  190, a truth in advertising bill.                                                               
Currently, any dentist  can advertise as a  specialist but Alaska                                                               
statutes  do not  define a  dental  specialist and  the Board  of                                                               
Dental Examiners  does not have authority  to define specialties.                                                               
SB 190 would  establish that if a dentist  advertises a specialty                                                               
in a field, he or she must  qualify as a specialist. The Board of                                                               
Dental  Examiners   would  set   the  qualifications   and  issue                                                               
specialty licenses.                                                                                                             
                                                                                                                                
1:33:58 PM                                                                                                                    
JASMIN  MARTIN,   Staff,  Senator  David  Wilson,   Alaska  State                                                               
Legislature, Juneau,  Alaska, said SB  190 would allow  the Board                                                               
of Dental Examiners to define  and license dental specialists. It                                                               
would prohibit  dentists from  advertising as  specialists unless                                                               
they  are   licensed  by  the  board.   Currently,  dentists  can                                                               
advertise as specialists, such  as an orthodontist, periodontist,                                                               
and  endodontist with  no specialty  training. The  board has  no                                                               
authority to  discipline these  dentists because  the legislature                                                               
has  not given  the board  the  authority to  define and  license                                                               
dental specialists.                                                                                                             
                                                                                                                                
MS. MARTIN presented the sectional analysis for SB 190:                                                                         
                                                                                                                                
       Section 1: Adds new sections to AS 08.36 (Title 8.                                                                       
     Business and Professions, Chapter 36. Dentistry)                                                                           
                                                                                                                                
     Sec.  08.36.242. License  to practice  as a  specialist                                                                    
     required.                                                                                                                  
          Establishes that a dentist may not advertise                                                                          
     using the  term "specialist," the name  of a specialty,                                                                    
     or  other phrases  that suggest  they are  a specialist                                                                    
     unless they have a specialist licenses as established.                                                                     
     Sec. 08.36.243. Qualification  for specialist; scope of                                                                    
     practice.                                                                                                                  
     (a)  Establishes  that  in  order   to  qualify  for  a                                                                    
     specialist licenses a person must                                                                                          
     (1)Hold a dental license issued by the board and                                                                           
     (2)  Meet   the  qualifications  of  a   specialist  as                                                                    
     established by the board in regulation.                                                                                    
     (b)  In creating  the qualifications  for a  specialist                                                                    
     license, the  board shall consider  the standards  of a                                                                    
     nationally  recognizes  certifying entity  approved  by                                                                    
     the board.                                                                                                                 
     (c)  Establishes  that  a dental  specialist  can  only                                                                    
     claim to be  a specialist in the specialty  they hold a                                                                    
     license in.                                                                                                                
     Sec. 08.36.245. Suspension  or revocation of specialist                                                                    
     license.                                                                                                                   
          Establishes that a board may suspend or revoke a                                                                      
     specialist license as set by AS 08.36.315.                                                                                 
                                                                                                                                
MS. MARTIN  said the  board has  asked for  an effective  date of                                                               
March 1, 2021, to align with the licensing cycle.                                                                               
                                                                                                                                
MS. MARTIN said there is a  zero fiscal note from the Division of                                                               
Corporations, Business  and Professional Licensing.  The division                                                               
anticipates  a small  fiscal note  that will  be absorbed  in the                                                               
division's budget.                                                                                                              
                                                                                                                                
CHAIR WILSON said  there is another bill with a  similar title in                                                               
the Senate Finance Committee. He  said wanted to get this concept                                                               
on the record  before offering an amendment and passing  it on to                                                               
the the Senate Finance Committee.                                                                                               
                                                                                                                                
1:37:25 PM                                                                                                                    
SENATOR GIESSEL said,  and Senator Wilson affirmed,  that this is                                                               
a by-request  bill. She  observed that  making the  new effective                                                               
date March  1, 2021 to coincide  with the licensing date  is very                                                               
logical.                                                                                                                        
                                                                                                                                
CHAIR WILSON invited Dr. Wenzell to testify.                                                                                    
                                                                                                                                
1:38:00 PM                                                                                                                    
DOMINIC  WENZELL, D.D.S.,  Board of  Dental Examiners,  Girdwood,                                                               
Alaska, said  the board discussed SB  190 at its March  3 meeting                                                               
and offers its  unanimous support. The board is  willing to write                                                               
any necessary companion regulations.                                                                                            
                                                                                                                                
1:38:39 PM                                                                                                                    
DAVID LOGAN,  D.D.S., Executive Director, Alaska  Dental Society,                                                               
Anchorage,  Alaska, said  his organization  supports SB  190. The                                                               
board  is handicapped  by dentists  who  are making  questionable                                                               
advertising, which is confusing to  the public. The Alaska Dental                                                               
Society  would  like  to  see  more  clarity  and  standards  for                                                               
advertising.   Establishing  firm   guidelines   about  who   can                                                               
advertise  as a  specialist  and what  qualifications are  needed                                                               
would remove confusion for the public.                                                                                          
                                                                                                                                
CHAIR WILSON asked if had an example of a bad actor.                                                                            
                                                                                                                                
MR. LOGAN  replied that in  some instances dentists  have decided                                                               
to specialize  their practice by seeing  children. These dentists                                                               
advertise as  pediatric dentists  without undergoing  a pediatric                                                               
training  program of  two  to three  years.  Some dentists  claim                                                               
specialties that  are not  recognized, such  as sleep  apnea, and                                                               
the amount  of training  these dentists  have received  is weeks,                                                               
not years.                                                                                                                      
                                                                                                                                
SENATOR GIESSEL added  that she is aware of some  of the dentists                                                               
that he  is referring to  who claim to be  pediatric specialists.                                                               
She said she has concerns about them and appreciates the bill.                                                                  
                                                                                                                                
1:41:10 PM                                                                                                                    
CHAIR WILSON opened public testimony  and after first determining                                                               
no one wished to testify, closed public testimony SB 190.                                                                       
                                                                                                                                
SENATOR  GIESSEL said  this  is a  logical  bill. The  overriding                                                               
purpose  of  regulating  health   care  professionals  is  public                                                               
safety. When  dentists claim  to be specialists  but do  not have                                                               
the  training in  their specialty,  it jeopardize  public safety.                                                               
She advocated  to move the  bill to the Senate  Finance Committee                                                               
today. However, the committee lacked a quorum.                                                                                  
                                                                                                                                
1:42:09 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
1:45:39 PM                                                                                                                    
CHAIR WILSON  reconvened the  meeting and  noted the  presence of                                                               
Senator Begich. He solicited a motion.                                                                                          
                                                                                                                                
1:45:53 PM                                                                                                                    
SENATOR GIESSEL moved to adopt Amendment 1:                                                                                     
                                                                                                                                
                                                    31-LS1260\M.1                                                               
                                                           Fisher                                                               
                                                          3/10/20                                                               
                                                                                                                                
                          AMENDMENT 1                                                                                           
                                                                                                                                
     OFFERED IN THE SENATE                      BY SENATOR WILSON                                                               
         TO: SB 190                                                                                                             
                                                                                                                                
     Page 1, line 1, following "dentistry":                                                                                   
         Insert "; and providing for an effective date"                                                                       
                                                                                                                                
     Page 2, following line 10:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "* Sec. 2. This Act takes effect March 1, 2021."                                                                    
                                                                                                                                
1:45:56 PM                                                                                                                    
CHAIR WILSON objected for purposes of discussion.                                                                               
                                                                                                                                
SENATOR  GIESSEL explained  that changing  the effective  date to                                                               
March 1, 2021 would coincide  with the licensing renewal date for                                                               
the Board of Dental Examiners.                                                                                                  
                                                                                                                                
1:46:40 PM                                                                                                                    
CHAIR  WILSON  removed  his  objection  and  finding  no  further                                                               
objection, Amendment 1 was adopted.                                                                                             
                                                                                                                                
1:46:50 PM                                                                                                                    
CHAIR WILSON solicited a motion.                                                                                                
                                                                                                                                
1:46:56 PM                                                                                                                    
SENATOR GIESSEL  moved to report  SB 190, work  order 31-LS1260\M                                                               
as amended,  from committee  with individual  recommendations and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
There being  no objection,  CSSB 190(HSS)  was reported  from the                                                               
Senate Health and Social Services Standing Committee.                                                                           
                                                                                                                                
1:47:55 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Wilson adjourned the Senate Health and Social Services                                                                    
Standing Committee at 1:47 p.m.                                                                                                 
                                                                                                                                

Document Name Date/Time Subjects
SB 190 v. M 2.14.20.PDF SHSS 3/16/2020 1:30:00 PM
SB 190
SB 190 Sponsor Statement v. M 2.28.2020.pdf SHSS 3/16/2020 1:30:00 PM
SB 190
SB 190 Sectional Summary v. M 2.28.2020.pdf SHSS 3/16/2020 1:30:00 PM
SB 190
SB190 Letter ADB 3.12.20.pdf SHSS 3/16/2020 1:30:00 PM
SB 190
SB 190 BDE Ltr 10.4.2019.pdf SHSS 3/16/2020 1:30:00 PM
SB 190
SB 190 Fiscal Note DCCED 3.15.20.pdf SHSS 3/16/2020 1:30:00 PM
SB 190