CSSB 160(L&C): "An Act relating to radiological equipment used in the practice of dentistry."
00CS FOR SENATE BILL NO. 160(L&C) 01 "An Act relating to radiological equipment used in the practice of dentistry." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.36 is amended by adding a new section to read: 04 Sec. 08.36.075. Dental radiological equipment. (a) Subject to (b) of this 05 section, the board shall establish standards for the registration and inspection of dental 06 radiological equipment, including standards for record keeping relating to the control 07 panels and the use of the equipment. The inspection standards adopted by the board 08 must require that an inspection be performed by a person who has 09 (1) a degree in medical electronics that is based on a four-year 10 program; 11 (2) a certificate based on a two-year program in medical electronics and 12 two years of apprentice experience in installing and calibrating dental radiological 13 equipment; or 14 (3) four years of apprentice experience in installing and calibrating
01 dental radiological equipment and a certificate demonstrating completion of an 02 applicable training program sponsored by a manufacturer of dental radiological 03 equipment. 04 (b) The board may not adopt a standard under this section that is more 05 stringent than a standard applicable under federal law or regulations or that is more 06 strict than a manufacturer's standard that is applicable to the same aspect of the dental 07 radiological equipment except that, if a federal standard is different from the 08 manufacturer's standard on the same subject, the board shall adopt the stricter of the 09 two standards unless adoption of the other standard would not present a risk of harm 10 to the public or to the operator of the equipment. 11 (c) A dentist may not use, or allow a person under the dentist's supervision to 12 use, dental radiological equipment in this state unless the owner or lessee of the 13 equipment has registered the equipment's control panel with the board and the control 14 panel displays a seal indicating that it has been registered. The board may charge the 15 owner or lessee of the dental radiological equipment a fee for the registration of each 16 control panel registered under this subsection. For each registered control panel, the 17 board shall issue to the owner or lessee a registration seal that indicates that the 18 registration requirement has been met. 19 (d) The board shall require that inspection of dental radiological equipment 20 occur once within every five calendar years and require that records concerning the 21 inspection be provided to the board by the owner or lessee of the equipment and kept 22 on file where the equipment is located. The board shall, upon application by the 23 owner or lessee of the dental radiological equipment, submission of evidence 24 documenting compliance with the inspection standards of the board, and payment of 25 a fee set by the board, issue to the owner or lessee an inspection seal indicating the 26 date by which the dental radiological equipment must pass inspection again. The date 27 on the inspection seal shall be December 31 of the fourth calendar year that occurs 28 after the calendar year in which the inspection occurred. A dentist may not use, or 29 allow a person under the dentist's supervision to use, dental radiological equipment in 30 this state after the date on the most recent inspection seal. 31 (e) Fees charged under this section may not be higher than the amount
01 necessary to cover the board's cost of registering a control panel or approving the 02 inspection of dental radiological equipment, as appropriate, plus the cost of issuing the 03 applicable seals. 04 (f) Notwithstanding AS 08.01.075 and AS 08.36.315, the only penalty 05 applicable to a licensee for violating this section is the imposition by the board in a 06 disciplinary action of a civil fine not to exceed $5,000 for each violation. 07 (g) In this section, "dental radiological equipment" means equipment for use 08 in the practice of dentistry, consisting of a control panel and associated tube heads, if 09 the equipment emits electronic product radiation, as defined in AS 18.60.545, or uses 10 radionuclides, as defined in AS 18.60.545. 11 * Sec. 2. AS 18.05 is amended by adding a new section to read: 12 Sec. 18.05.065. Dental radiological equipment. This chapter does not 13 authorize the department to register, inspect, test, or otherwise regulate dental 14 radiological equipment or records relating to dental radiological equipment regulated 15 by the Board of Dental Examiners under AS 08.36.075. 16 * Sec. 3. AS 18.60.525 is amended by adding a new subsection to read: 17 (e) AS 18.60.475 - 18.60.545 do not authorize the department to register, 18 inspect, test, or otherwise regulate dental radiological equipment or records relating to 19 dental radiological equipment regulated by the Board of Dental Examiners under 20 AS 08.36.075. 21 * Sec. 4. AS 44.29 is amended by adding a new section to read: 22 Sec. 44.29.027. Dental radiological equipment. This chapter does not 23 authorize the department to register, inspect, test, or otherwise regulate dental 24 radiological equipment or records relating to dental radiological equipment regulated 25 by the Board of Dental Examiners under AS 08.36.075. 26 * Sec. 5. AS 44.46 is amended by adding a new section to read: 27 Sec. 44.46.029. Dental radiological equipment. This chapter does not 28 authorize the department to register, inspect, test, or otherwise regulate dental 29 radiological equipment or records relating to dental radiological equipment regulated 30 by the Board of Dental Examiners under AS 08.36.075. 31 * Sec. 6. AS 46.03 is amended by adding a new section to read:
01 Sec. 46.03.022. Dental radiological equipment. This title does not authorize 02 the department to register, inspect, test, or otherwise regulate dental radiological 03 equipment or records relating to dental radiological equipment regulated by the Board 04 of Dental Examiners under AS 08.36.075. 05 * Sec. 7. TRANSITIONAL PROVISIONS. (a) All litigation, hearings, investigations, and 06 other proceedings pending under a law amended by this Act, or in connection with functions 07 transferred by this Act, continue in effect and may be continued and completed 08 notwithstanding a transfer or amendment provided for in this Act. Certificates, orders, and 09 regulations issued or adopted under authority of a law amended by this Act remain in effect 10 for the term issued or until revoked, vacated, or otherwise modified under the provisions of 11 this Act. All contracts, rights, liabilities, and obligations created by or under a law amended 12 by this Act, and in effect on the day before the effective date of this Act, remain in effect 13 notwithstanding this Act's taking effect. Records of agencies of the state whose functions are 14 transferred under this Act shall be transferred commensurate with the provisions of this Act. 15 (b) Notwithstanding other provisions of this Act, the Department of Health and Social 16 Services and the Department of Environmental Conservation may continue to regulate dental 17 radiological equipment and record keeping relating to dental radiological equipment, as 18 defined in AS 08.36.075, added by sec. 1 of this Act, to the same extent that the respective 19 departments were authorized to regulate dental radiological equipment and records on the day 20 before the effective date of this Act until the effective date of regulations adopted by the 21 Board of Dental Examiners to implement AS 08.36.075, added by sec. 1 of this Act.