HB 197: "An Act relating to the practice of dental hygiene; establishing an executive administrator position for the Board of Dental Examiners; and relating to the ownership of dental offices and clinics."
00 HOUSE BILL NO. 197 01 "An Act relating to the practice of dental hygiene; establishing an executive 02 administrator position for the Board of Dental Examiners; and relating to the ownership 03 of dental offices and clinics." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.32.014(a) is amended to read: 06 (a) An applicant for a license to practice dental hygiene shall 07 (1) provide evidence to the board that the applicant 08 (A) has successfully completed an academic program in dental 09 hygiene [OF AT LEAST TWO YEARS DURATION] that, at the time of 10 graduation, is accredited by the Commission on Dental Accreditation of the 11 American Dental Association and is approved by the board; 12 (B) has passed a written theory examination of the American 13 Dental Association Joint Commission on National Dental Examinations or an 14 equivalent examination approved by the board;
01 (C) has successfully passed a state or regional dental hygiene 02 clinical examination approved by the board; 03 (D) has not had a license to practice dental hygiene revoked, 04 suspended, or voluntarily surrendered in this state or another state; 05 (E) is not the subject of an adverse decision based on a 06 complaint, investigation, review procedure, or other disciplinary proceeding 07 within the five years immediately preceding application or of an unresolved 08 complaint, investigation, review procedure, or other disciplinary proceeding 09 undertaken by a state, territorial, local, or federal dental licensing jurisdiction; 10 (F) is not the subject of an unresolved or adverse decision 11 based on a complaint, investigation, review procedure, or other disciplinary 12 proceeding undertaken by a state, territorial, local, or federal dental licensing 13 jurisdiction or law enforcement agency that relates to criminal or fraudulent 14 activity, dental malpractice, or negligent dental care and that adversely reflects 15 on the applicant's ability or competence to practice as a dental hygienist or on 16 the safety or well-being of patients; 17 (G) is not the subject of an adverse report from the National 18 Practitioner Data Bank or the American Association of Dental Boards 19 Clearinghouse for Board Actions that relates to criminal or fraudulent activity 20 or dental malpractice; 21 (H) is not impaired to an extent that affects the applicant's 22 ability to practice as a dental hygienist; 23 (I) has not been convicted of a crime that adversely reflects on 24 the applicant's ability or competency to practice as a dental hygienist or that 25 jeopardizes the safety or well-being of a patient; and 26 (2) meet the other qualifications for a license established by the board 27 by regulation. 28 * Sec. 2. AS 08.36.070 is amended to read: 29 Sec. 08.36.070. Duties and [GENERAL] powers of board. (a) The board 30 shall 31 (1) provide for the examination of applicants and the credentialing,
01 registration, and licensure of those applicants it finds qualified; 02 (2) maintain a registry of licensed dentists, licensed dental hygienists, 03 and registered dental assistants who are in good standing; 04 (3) affiliate with the American Association of Dental Boards and pay 05 annual dues to the association; 06 (4) hold hearings and order the disciplinary sanction of a person who 07 violates this chapter, AS 08.32, or a regulation of the board; 08 (5) supply forms for applications, licenses, permits, certificates, 09 registration documents, and other papers and records; 10 (6) enforce the provisions of this chapter and AS 08.32 and adopt or 11 amend the regulations necessary to make the provisions of this chapter and AS 08.32 12 effective; 13 (7) adopt regulations ensuring that renewal of a license, registration, or 14 certificate under this chapter or a license, certificate, or endorsement under AS 08.32 15 is contingent on proof of continued professional competence; the regulations must 16 require that a licensee receive not less than two hours of education in pain 17 management and opioid use and addiction in the two years preceding an application 18 for renewal of a license, unless the licensee has demonstrated to the satisfaction of the 19 board that the licensee does not currently hold a valid federal Drug Enforcement 20 Administration registration number; 21 (8) at least annually, cause to be published on the Internet and in a 22 newspaper of general circulation in each major city in the state a summary of 23 disciplinary actions the board has taken during the preceding calendar year; 24 (9) issue permits or certificates to licensed dentists, licensed dental 25 hygienists, and dental assistants who meet standards determined by the board for 26 specific procedures that require specific education and training; 27 (10) require that a licensed dentist who has a federal Drug 28 Enforcement Administration registration number register with the controlled substance 29 prescription database under AS 17.30.200(n); 30 (11) establish the qualifications and duties of the executive 31 administrator.
01 (b) The board may 02 (1) order a licensed dentist or licensed dental hygienist to submit to a 03 reasonable physical or mental examination if the dentist's or the dental hygienist's 04 physical or mental capacity to practice safely is at issue; 05 (2) authorize a designee of the board or the board's investigator to 06 inspect the practice facilities or patient or professional records of a dentist at 07 reasonable times and in a reasonable manner to monitor compliance with this chapter 08 and with AS 08.32; [AND] 09 (3) delegate the board's powers to act, hear, and decide matters as 10 authorized by AS 44.62 (Administrative Procedure Act); and 11 (4) delegate authority to the executive administrator as necessary 12 to conduct board business. 13 * Sec. 3. AS 08.36 is amended by adding a new section to read: 14 Sec. 08.36.072. Executive administrator of the board. (a) The department, in 15 consultation with the board, shall employ an executive administrator. The executive 16 administrator is the principal executive officer of the board, in the partially exempt 17 service under AS 39.25.120, and entitled to receive a monthly salary equal to a step in 18 Range 23 on the salary schedule set out in AS 39.27.011(a). 19 (b) The executive administrator shall perform duties as prescribed by the 20 board. 21 * Sec. 4. AS 08.36.367(d) is amended to read: 22 (d) If all of the ownership interests of a dentist or dentists in a dental office or 23 clinic are held by an administrator, executor, personal representative, guardian, 24 conservator, or receiver of the estate of a former shareholder, member, or partner, the 25 administrator, executor, personal representative, guardian, conservator, or receiver 26 may retain the ownership interest for a period of 24 months following the creation of 27 the ownership interest. The board shall extend the ownership period for an additional 28 24 months upon 30 days' notice and may grant additional extensions upon reasonable 29 request. If the board determines that the retainer of the ownership interest is not 30 acting in good faith to transfer the ownership interest of the dental office or clinic 31 to a person permitted to own the office or clinic under (a) of this section, the
01 board may impose a civil fine on the retainer not to exceed $1,000 for each day 02 the ownership interest is retained after the expiration of the ownership period 03 permitted under this subsection. 04 * Sec. 5. AS 39.25.120(c) is amended to read: 05 (c) The following positions in the state service constitute the partially exempt 06 service: 07 (1) deputy and assistant commissioners of the principal departments of 08 the executive branch, including the assistant adjutant general of the Department of 09 Military and Veterans' Affairs; 10 (2) the directors of the major divisions of the principal departments of 11 the executive branch and the regional directors of the Department of Transportation 12 and Public Facilities; 13 (3) attorney members of the staff of the Department of Law, of the 14 public defender agency, and of the office of public advocacy in the Department of 15 Administration; 16 (4) one private secretary for each head of a principal department in the 17 executive branch; 18 (5) employees of councils, boards, or commissions established by 19 statute in the Office of the Governor or the office of the lieutenant governor, unless a 20 different classification is provided by statute; 21 (6) not more than two special assistants to the commissioner of each of 22 the principal departments of the executive branch, but the number may be increased if 23 the partially exempt service is extended under AS 39.25.130 to include the additional 24 special assistants; 25 (7) the principal executive officer of the following boards, councils, or 26 commissions: 27 (A) Alaska Public Broadcasting Commission; 28 (B) Professional Teaching Practices Commission; 29 (C) Parole Board; 30 (D) Board of Nursing; 31 (E) Real Estate Commission;
01 (F) Alaska Royalty Oil and Gas Development Advisory Board; 02 (G) Alaska State Council on the Arts; 03 (H) Alaska Police Standards Council; 04 (I) Alaska Commission on Aging; 05 (J) Alaska Mental Health Board; 06 (K) State Medical Board; 07 (L) Governor's Council on Disabilities and Special Education; 08 (M) Advisory Board on Alcoholism and Drug Abuse; 09 (N) Statewide Suicide Prevention Council; 10 (O) State Board of Registration for Architects, Engineers, and 11 Land Surveyors; 12 (P) Alaska Health Care Commission; 13 (Q) Board of Pharmacy; 14 (R) Board of Dental Examiners; 15 (8) Alaska Pioneers' Home and Alaska Veterans' Home managers; 16 (9) hearing examiners in the Department of Revenue; 17 (10) the comptroller in the division of treasury, Department of 18 Revenue; 19 (11) airport managers in the Department of Transportation and Public 20 Facilities employed at the Anchorage and Fairbanks International Airports; 21 (12) the deputy director of the division of insurance in the Department 22 of Commerce, Community, and Economic Development; 23 (13) the executive director and staff of the Alaska Public Offices 24 Commission; 25 (14) the rehabilitation administrator of the division of workers' 26 compensation; 27 (15) guards employed by the Department of Public Safety for 28 emergencies; 29 (16) marine pilot coordinator of the Board of Marine Pilots; 30 (17) guards employed by the Department of Corrections, other than in 31 state correctional facilities, to carry out the responsibility of the commissioner of
01 corrections under AS 33.30.071(b); 02 (18) hearing officers and administrative law judges of the Regulatory 03 Commission of Alaska; 04 (19) the compact administrator appointed under AS 33.36.130; 05 (20) the chief administrative law judge and administrative law judges 06 of the office of administrative hearings; 07 (21) the executive secretary of the Board of Public Accountancy.