HOUSE BILL NO. 211 An Act extending the termination date of the Board of Dental Examiners; and relating to dentists and dental hygienists. Representative Foster MOVED to ADOPT work draft #24-LS070\G, Mischel, 4/8/05, as the version of the bill before the Committee. There being NO OBJECTION, it was adopted. REPRESENTATIVE MIKE KELLY, SPONSOR, stated that HB 211 would provide an extension for the Board of Dental Examiners to June 30, 2011, as recommended by a Legislative Audit #08- 20031-04, dated August 5, 2004. The extension would aid in "smoothing out the number of boards and commissions that come under sunset in a particular year". HB 211 includes changes to the Dental Board statutes, which cleans-up issues for the Board of Dental Examiners. The changes are described: · Implements continuing education requirements for dental hygienists in an amount of 14 hours for the previous two years. · Modifies the inspection period for radiological equipment used in dentistry to five years to better accommodate periodic inspections. · Clarifies qualifications for licensure by more clearly identifying impairment and ads a new section. · Clarifies the requirements for specialty licensure by requiring that the applicant meet the qualifications for licensure as a dentist in Alaska, and passes an examination given by either the Western Regional Examining Board, the Central Region Dental Testing Service, the Central Region Examining Board or that the applicant meet the qualifications for licensure as a dentist in Alaska and be certified by a specialty certification board, recognized by the American Dental Association. Representative Kelly summarized that the changes resulting from a joint meeting with representatives from the Division of Occupational Licensing, Alaska Board of Dental Examiners and the Alaska Dental Society. The changes were discussed with representatives from the Alaska State Dental Hygiene Association. 1:58:44 PM HEATH HILYARD, STAFF, REPRESENTATIVE MIKE KELLY, clarified the changes made to the committee substitute. The first change was on Page 2, Line 8, removing "and by" allowing Board clarification. Also, Page 7, Lines 2-9, would allow the Board of Dental examiners to approve any examination deemed appropriate. 1:59:43 PM Representative Holm referenced Page 4, Section H, which adds the language regarding conviction of a crime that might adversely reflect the applicant's ability to perform safe denistry. Mr. Hilyard requested that Mr. Towle testify to address that query. 2:00:32 PM JIM TOWLE, (TESTIFIED VIA TELECONFERENCE), EXECUTIVE DIRECTOR, ALASKA DENTAL SOCIETY, ANCHORAGE, responded that the intent was to bring clarity regarding crimes that would not impact ones ability to practice dentistry. He acknowledged that he did not know the full history of the legislation. The language would not directly relate to a dentist's ability or appropriateness to practice. Previously, there was confusion. The legislation provides the Board authority to review and decide whether the situation would impact the dentist's ability to be a good practitioner. Representative Holm questioned where the line would be drawn and thought the language was "fuzzy". 2:02:28 PM Mr. Towle pointed out that the Alaska Dental Society had worked with all interested parties to determine a consensus. Representative Weyhrauch asked if Section H was a part of the original bill. Mr. Hilyard replied it was as recommended by the Alaska Dental Society. In response to queries voiced by Representative Weyhrauch, Mr. Towle clarified that specific information was related to the actual practice of dentistry. If someone was convicted, the Board would determine if there had been a history that might impact that person's ability to practice. Such information would not be reported to the National Data Bank. He added that the original request had come from the Board of Dental Examiners to guarantee that they had proper authority to see the board picture. Representative Weyhrauch proposed addition of language in Subsection H, following "dentistry", inserting "at the time of application". Mr. Towle was confident that the Board would take any history into consideration. He did not object to the addition of the clarifying language. 2:07:14 PM Representative Weyhrauch questioned if the amendment were not adopted, would the Board still take that person's history into consideration. Mr. Towle affirmed. Vice-Chair Stoltze commented that Section H was unusual language. Mr. Towle noted that when it was drafted, it provided the Board broad authority to be able to determine what affects an individual's ability to be a good dental practitioner. The Board must review and make appropriate decisions. The proposed language would not hamstring the Board, but would be broad enough to guarantee that the Dental Board understands what is appropriate and acts accordingly. 2:10:38 PM Representative Weyhrauch referenced Page 1, Section 2, which reduces the number of active hygiene, dental time from 728 to 700 hours and asked why that change was proposed. Mr. Towle thought it was adequate and would be more appropriate. The proposed language originated from the Board. 2:11:46 PM Representative Kelly MOVED to REPORT CS HB 211 (FIN) out of Committee with individual recommendations and with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. CS HB 211 (FIN) was reported out of Committee with a "no recommendation" and with fiscal note #1 by the Department of Commerce, Community & Economic Development. 2:13:08 PM