Legislature(2001 - 2002)
03/23/2001 01:47 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 81
An Act extending the termination date of the Board of
Dental Examiners.
REPRESENTATIVE HUGH FATE noted that under Title 8 of the
Alaska Statutes, the Board of Dental Examiners would
terminate on June 30, 2001. A report released by the
Legislative Budget and Audit (LBA) Committee recommended
that the Legislature extend the Board's date to June 30,
2005. He claimed that the regulation and licensing of
qualified dentists and hygienists benefits the public's
safety and welfare. HB 81 would accomplish that task. The
legislation also addresses some of the concerns of the
Dental Board of Examiners and the Alaska Dental Society.
Representative Fate provided a sectional analysis of the
bill and the changes made in the previous committee of
referral.
Section 1, Page 1, Line 6 - Extends the
th
termination date from June 30, 2005.
Section 2, Page 2, Line 1 - Removes
prophylactic, which is duplicate language to preventative,
which is covered under preventative agent. Prophylactic is
also confusing language because it is similar to other
dental terms like prophylaxis.
Section 3, Page 2, Line 11 - Same reason
[Prophylactic was taken out of both locations because the
Department of Law said if one went, they both had to.]
Section 4, Page 2, Line 14 - Adds wording that
says, the Governor, when making appointments, will consider
licensed dentists nominated by the Alaska Dental Society and
licensed dental hygienists nominated by the Dental
Hygienists' Association.
Section 5, Page 2, Line 22 - The president of the
Board of Dental Examiners must be a licensed dentist under
this chapter.
Section 6, Page 3, Lines 5-13 - Allows a board
authorized inspector to determine whether the owner or
lessee of dental radiological equipment is in compliance
with the inspection standards of the board, collect the
appropriate fee and remit the fee to the board, and issues
an inspection seal. The inspector would then remit the
paperwork to the board and determine whether a seal is
issued or not.
Section 7, Page 3, Lines 16-18 - Makes a passing
score on a clinical exam given by the Central Regional
Dental Testing Service, Inc. an acceptable alternative to
the Western Regional Examining Board examination as long as
the exam was passed after January 1, 2001.
Section 8, Page 4, Line 1 - Requires that the
dentist be currently licensed in another state, with the
same requirements as Alaska, in order avoid re-examination
to practice in Alaska.
Section 8, Page 4, Line 2,3 - Language that states
a dentist could have taken a dental exam in one state and be
practicing in another, and as long as the state they are
licensed in has equivalent requirements to Alaska, the
dentist can practice in Alaska.
Section 9, Page 6, Line 2 - Licensed and
practicing in the same state in order for them to practice
in Alaska, if that state has equivalent requirements.
Section 10
Page 6 Lines 27 to 31 - Expands the current
Page 7 Lines I to 3 definition of
Dentistry to included the American Dental Association's
definition of dentistry which allows a dentist to evaluate,
diagnose, treat, or perform preventive procedures relating
to diseases, disorders, or conditions of the oral cavity,
maxillofacial area, or adjacent and associated structures.
Representative Davies asked what it would take to satisfy
the Dental Board if the Governor had considered their list.
Representative Fate explained that there is no obligation to
choose from that list.
Representative Fate requested that Section 5 be removed from
the bill. Representative Harris asked why the House Labor
and Commerce Committee had added that language.
Representative Fate explained that at the time of that
hearing, Catherine Reardon, Director, Division of
Occupational Licensing, Department of Community and Economic
Development, had voiced a concern about that language.
Representative Fate noted that the Department's concerns had
been addressed in other parts of the legislation.
Representative Croft asked if there had been a controversy
in the past with non-dentists on the Board. Representative
Fate acknowledged that there are lay people on the Board.
Representative Foster MOVED to delete Section 5, Page 2,
Lines 19-22. There being NO OBJECTION, it was adopted.
DEBRA STAUFFER, (TESTIFIED VIA TELECONFERENCE), PRESIDENT,
ALASKA STATE DENTAL ASSOCIATION, ANCHORAGE, voiced full
support for HB 81 and the changes made.
DR. RICHARD GREGORIN, (TESTIFIED VIA TELECONFERENCE),
ANCHORAGE, testified in support that the language placed in
the bill in the House Labor and Commerce Committee remain in
the bill. He reiterated that he did not agree with the
change adopted by the House Finance Committee.
Representative Fate noted that the amendment would not
prevent the Dental Board to elect a dentist under
regulations in the State of Alaska. He added that it was
approved by the Administration and emphasized that it does
not preclude a dentist from being elected to that seat.
Dr. Gregorin disagreed, indicating that only a dentist
should be holding that position. Representative Fate agreed
and stated that the members of the board could choose to
elect a person that is a dentist. Dr. Gregorin asked if it
was possible that a non-dentist be elected to that seat.
Representative Fate agreed that it was possible but was not
probable. Dr. Gregorin commented that the Alaska Dental
Society wanted to be on record indicating that the position
only be held by a dentist.
DR. GEORGE SCHAFFER, (TESTIFIED VIA TELECONFERENCE),
ANCHORAGE, spoke to the amendment. He recommended that the
Lines 19-21 remain. Representative Davies explained that
language already exists in present statute.
Dr. Schaffer voiced concern that a responsibility of the
President of that Board is about communicating with other
agencies outside of the State. He mentioned that he had
concerns with anyone other than a dentist doing that work.
He insisted that the requirement for communication must be
held high and recommended that only a licensed dentist hold
that position.
Representative Croft noted that there would not be a non-
dentist elected to the Board without the full support of all
of the Board.
Vice-Chair Bunde asked if the same requirements exist for
the Board of Physicians.
CATHERINE REARDON, DIRECTOR, DIVISION OF OCCUPATIONAL
LICENSING, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT,
advised that there is no requirement that specifies that any
particular member be the Chair for any of the occupational
licensing boards.
DAVID LOGAN, DENTIST, PRESIDENT, ALASKA BOARD OF DENTAL
EXAMINERS, JUNEAU, noted that the Board is in support of the
version before the Committee and the recommended change.
TAPE HFC 01 - 61, Side A
Dr. Logan noted his support in preserving the current
statute and the bill as before the Committee.
Co-Chair Mulder referenced Section 7 and 8 and asked if
there is "abuse" with dental assistants providing hygienists
work. Dr. Logan responded that there isn't abuse, however,
there is some misunderstanding of what is allowed under
current statutes and confusion with use of the word
"prophylactic". The Board is attempting to clear up any
misinformation regarding the wording in the statutes.
Co-Chair Mulder inquired if there exists a problem with the
licensure issue. Dr. Logan reiterated that the Board is
attempting to clean up the language and that the changes are
small.
Co-Chair Mulder noted the fiscal note.
Representative Foster MOVED to report CS HB 81 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CS HB 81 (FIN) was reported out of Committee with a "do
pass" recommendation and with a fiscal note by Department of
Community & Economic Development.
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