Legislature(2007 - 2008)BELTZ 211

05/01/2007 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 136 DENTAL HYGIENISTS TELECONFERENCED
Heard & Held
+ HB 182 OFFERING PROMOTIONAL CHECKS TELECONFERENCED
Moved CSHB 182(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 155 REGULATION OF WATER/WASTEWATER UTILITIES TELECONFERENCED
<Bill Hearing Postponed>
+= SB 118 PLASTIC BAG FEE; ESTABLISH LITTER FUND TELECONFERENCED
Heard & Held
+= HB 121 WORKERS' COMPENSATION RECORDS TELECONFERENCED
Moved CSHB 121(L&C)am Out of Committee
           CSHB 136(FIN)(title am)-DENTAL HYGIENISTS                                                                        
                                                                                                                                
2:22:52 PM                                                                                                                    
CHAIR  ELLIS  announced CSHB  136(FIN)(title  am)  to be  up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
BEN MULLIGAN,  staff to  Representative Stoltzee,  explained that                                                               
this  bill is  meant to  improve access  to oral  health care  in                                                               
Alaska  by  expanding  the  duties  of  dental  hygienists.  This                                                               
entails establishing  restorative function  license endorsements,                                                               
which  translates into  dental hygienists  being able  to replace                                                               
filings  and do  contouring  under the  direct  supervision of  a                                                               
dentist  who would  actually prepare  the filling.  The hygienist                                                               
would place  it and make sure  it fit right and  then the dentist                                                               
would come back in a make sure everything was correct.                                                                          
                                                                                                                                
He said the  second thing would be to allow  dental hygienists to                                                               
give  local  anesthesia  under  general  supervision.  Right  now                                                               
dental hygienists  have the authority  to do direct  and indirect                                                               
deliverance of local  anesthesia and have since  1981. Lastly, it                                                               
would  allow  dentists  and  dental   hygienists  to  enter  into                                                               
collaborative  agreements with  the  additional requirement  that                                                               
they be approved by the Board of Dental Examiners.                                                                              
                                                                                                                                
MR.  MULLIGAN said  the bill  lists criteria  that a  dentist and                                                               
hygienist could agree that the  hygienist could perform under the                                                               
general supervision away  from the setting of  a dental facility.                                                               
They can  perform one  of those or  multiple variations  of them.                                                               
The  bill has  received many  letters of  support from  dentists,                                                               
anesthesiologists, hygienists, some primary  care groups and some                                                               
local municipality groups throughout the process.                                                                               
                                                                                                                                
2:25:55 PM                                                                                                                    
SENATOR BUNDE said  that a controversial program  began last year                                                               
where  technicians were  trained in  New Zealand  to work  in the                                                               
bush and asked if this was a step in that direction.                                                                            
                                                                                                                                
MR.  MULLIGAN  replied  that the  University  of  Washington  was                                                               
developing  a   program  involving  going  to   New  Zealand.  He                                                               
explained  that the  hygienists go  to an  accredited school  and                                                               
have to take tests, get an endorsement and are regulated.                                                                       
                                                                                                                                
SENATOR  BUNDE   asked  how  the  procedures   would  differ  for                                                               
hygienists and technicians.                                                                                                     
                                                                                                                                
MR. MULLIGAN  replied that he  didn't think HB 136  allows dental                                                               
hygienists  to  do  procedures differently,  but  it  was  giving                                                               
another option to consumers for that access to occur.                                                                           
                                                                                                                                
2:26:29 PM                                                                                                                    
SENATOR  STEVENS  said he  is  confused  about the  collaborative                                                               
agreements.  His district  often has  dental hygienists  going to                                                               
the small villages without a dentist  and he asked if this allows                                                               
them to do the work even though a dentist isn't in the building.                                                                
                                                                                                                                
MR.  MULLIGAN   replied  yes,   if  it   is  stipulated   in  the                                                               
collaborative agreement.                                                                                                        
                                                                                                                                
2:27:19 PM                                                                                                                    
JIM  TOWLE, Executive  Director, Alaska  Dental Society,  said he                                                               
supported the concept  and intent of HB 136, but  the society had                                                               
two areas of concern. One  deals with the administration of local                                                               
anesthesia under  general supervision. They support  that concept                                                               
with a  collaborative agreement where  it is balanced  and allows                                                               
hygienist  working outside  of the  traditional dental  office in                                                               
rural  areas  to do  that,  but  had reservations  about  general                                                               
supervision  in  all  cases. Secondly,  under  the  collaborative                                                               
agreement,  he  wanted an  amendment  that  would make  sure  the                                                               
patient is seen within a year  for a diagnosis and examination by                                                               
a dentist.                                                                                                                      
                                                                                                                                
He went  back to  Senator Bunde's  question about  the difference                                                               
between  a dental  health aid  therapist and  hygienist and  said                                                               
there  is a  critical difference.  Hygienists would  not be  in a                                                               
position to actually prepare a cavity  by taking a hand piece and                                                               
drill and removing  the decayed material. This  simply allows the                                                               
hygienist to  "pack and carve"  - place the filling  material and                                                               
put it in.                                                                                                                      
                                                                                                                                
MARIE DARLIN, AARP  Capital City Task Force,  supported this bill                                                               
because there is  a need for a  lot of these things  that are now                                                               
pertaining to all health care issues.                                                                                           
                                                                                                                                
STEVEN  BERTRAND said  a dental  hygienist friend  of his,  Vicki                                                               
Haas, asked him to address the  committee today. He is a Licensed                                                               
Paramedic Firefighter  in Anchorage  and has also  been certified                                                               
at  all  levels  of  EMT.  He has  been  working  under  standard                                                               
protocols and  medical operating  orders since 1983.  With regard                                                               
to  general orders,  he  is  allowed to  give  everything to  and                                                               
including a  paralytic to  paralyze someone  to incubate  them in                                                               
the field without any direct  supervision of a doctor. Everything                                                               
that he does  is documented and certified on a  biannual basis by                                                               
the State of Alaska.                                                                                                            
                                                                                                                                
2:32:02 PM                                                                                                                    
ROYANNE ROYER  said she had worked  as a dental hygienist  for 29                                                               
years in  both private practice  and public health; she  has been                                                               
an instructor  for 20 years in  the UAA dental program.  She is a                                                               
member  of the  State Oral  Health Coalition  that also  supports                                                               
this bill.                                                                                                                      
                                                                                                                                
She wanted to  address three things; the  first being anesthesia.                                                               
Dental  hygienists have  been giving  local anesthesia  in Alaska                                                               
since 1981.  For a hygienist  to receive a license  to administer                                                               
local  anesthesia  requires  a   separate  written  and  clinical                                                               
examination by  a national examining  board after  being educated                                                               
separate from dental hygienist license in the State of Alaska.                                                                  
                                                                                                                                
Dental  hygiene curriculum  for local  anesthesia is  established                                                               
and competency  requirements are enforced by  the American Dental                                                               
Association. There  has never been a  disciplinary action against                                                               
a dental  hygienist for administration of  local anesthesia under                                                               
the current  statute and, obviously, no  fatalities. Forty states                                                               
allow  dental hygienists  to administer  local anesthesia;  Idaho                                                               
and Oregon  require local  anesthesia under  general supervision.                                                               
Oregon has had this for over 20 years.                                                                                          
                                                                                                                                
2:34:22 PM                                                                                                                    
The  restorative  procedures  would  be  done  under  the  direct                                                               
supervision  of a  licensed dentist.  The dental  hygienist would                                                               
not  be  prepping the  filling,  but  only filling  them.  Dental                                                               
hygienists  would  be  educated  and licensed  to  provide  these                                                               
additional services.  The curriculum for examining  and licensing                                                               
for restorative  function by dental hygienists  have already been                                                               
established in  many states,  such as  Washington, which  has had                                                               
this expanded function for over three decades.                                                                                  
                                                                                                                                
MS. ROYER  said she was  educated in Washington and  worked there                                                               
as a restorative dental hygienist  for two years before coming to                                                               
Alaska. That  experience provided her knowledge  of how effective                                                               
and efficient  this expanded function  can be for  increasing the                                                               
number of services that can be done in one day.                                                                                 
                                                                                                                                
2:35:17 PM                                                                                                                    
MS.  ROYER   said  collaborative  agreements  have   the  biggest                                                               
potential   to   provide   the  greatest   impacts   to   Alaskan                                                               
communities.  It allows  hygienists  with experience  to enter  a                                                               
written  agreement  with  a  dentist;  this  is  not  independent                                                               
practice  at all.  It must  be approved  by the  Board of  Dental                                                               
Examiners  and  the  hygienist  would  be  able  to  provide  the                                                               
services agreed  upon prior  to the  dentist seeing  the patient.                                                               
Collaborative agreements  could be  used in rural  areas, nursing                                                               
homes, with disabled  and homebound patients and  many areas that                                                               
are currently lacking access.                                                                                                   
                                                                                                                                
She said  that all of  these dental hygiene statute  changes have                                                               
been implemented in other states and  they have been proven to be                                                               
safe and effective. She summarized:                                                                                             
                                                                                                                                
     This  is a  team  effort, not  independent practice  by                                                                    
     dental hygienists.  The goal  for everyone here  I hope                                                                    
     is to  provide quality  access to care  and I  think we                                                                    
     could do this  right now, not five years  from now, not                                                                    
     a year, but right now if you would pass HB 136.                                                                            
                                                                                                                                
SENATOR STEVENS  asked if she  was saying that  dental hygienists                                                               
go out  to a  village and perform  these services  without direct                                                               
supervision of  a dentist and  also without the patient  seeing a                                                               
dentist.                                                                                                                        
                                                                                                                                
MR. ROYER replied  no; she was saying prior to  seeing a dentist.                                                               
For instance,  she would  be able  to take  X-rays and  do simple                                                               
cleaning before  a dentist  would see the  client. These  are all                                                               
things the hygienist would collaborate  on with a dentist who was                                                               
knowledgeable about his or her skill level.                                                                                     
                                                                                                                                
GLENN  MARTIN  said  he  is  a  member  of  the  American  Dental                                                               
Association and a fellow at  the Academy of General Dentistry. He                                                               
practiced in  Bethel and Southeast  Alaska from 1992 to  2001. He                                                               
currently lives  and works in  Anchorage where he is  director of                                                               
Village Travel  for Southcentral  Foundation. He has  traveled to                                                               
62 villages and has 128  weeks of experience practicing dentistry                                                               
in rural  Alaska.  He supported  HB 136. He said  today there are                                                               
24 public  health dentist  vacancies in  Alaska. If  passed, this                                                               
bill  would greatly  increase  the number  of  patients he  could                                                               
provide  health care  to. Utilizing  the collaborative  agreement                                                               
portion  of   the  bill  would  increase   efficiency.  A  dental                                                               
hygienist  could travel  to the  village prior  to his  scheduled                                                               
trip and  provide X-rays  and oral screenings.  He could  use his                                                               
time for restorative  and emergent needs. Passing HB  136 makes a                                                               
measurable impact on access to care.                                                                                            
                                                                                                                                
2:39:27 PM                                                                                                                    
MARY CERNEY said she has been a practicing hygienist in                                                                         
Alaska for  32 years. She had  just completed her second  term on                                                               
the Board of  Dental Examiners and she is  currently serving with                                                               
the Western Regional Examining  Board which administers licensing                                                               
exams  to  dental  hygienists  with  traditional  hygiene  duties                                                               
restorative procedures and anesthesia.                                                                                          
                                                                                                                                
She  wanted  to  add  that  under  the  collaborative  agreement,                                                               
hygienists would be doing only the  procedures they do day in and                                                               
day out.  The only  difference is  that they would  be done  in a                                                               
slightly expanded setting,  so dental hygienists can  go out into                                                               
a community  health situation that  isn't regularly staffed  by a                                                               
dentist and do a little  bit of pre-treatment like taking X-rays,                                                               
cleaning  and  getting  education   going  so  people  have  some                                                               
knowledge of  their oral health. It's  not in any way  in lieu of                                                               
dental treatment.                                                                                                               
                                                                                                                                
2:41:14 PM                                                                                                                    
MS. CERNEY said  that general supervision means  that presently a                                                               
dentist must  be in the facility  if a hygienist is  giving local                                                               
anesthesia  to  numb  even  a single  tooth.  The  definition  in                                                               
Chapter 32 says  that general supervision means  "the dentist has                                                               
authorized  the procedures  and  they are  being  carried out  in                                                               
accordance with the dentist's diagnosis  and treatment plan." So,                                                               
regardless  of  the situation,  it  means  that the  dentist  has                                                               
already looked  at the  medical history,  doesn't have  a problem                                                               
with  it and  is also  comfortable with  that dental  hygienist's                                                               
ability  to  do the  procedure.  The  dental hygienist  is  still                                                               
employed by  the dentist and  would be working at  his direction,                                                               
be it private practice or in a collaborative agreement.                                                                         
                                                                                                                                
When there  is a  decision to do  local anesthesia  under general                                                               
supervision that  merely means  that the  dentist stepped  out to                                                               
lunch or if the  dentist is away for a week  or two the hygienist                                                               
can continue  seeing the same  patients - because there  are many                                                               
patients who benefit  from just a single tooth being  numbed or a                                                               
couple of teeth  that are sensitive or doing deep  scaling on it.                                                               
"It just  frees us up to  do what we  do every day and  have been                                                               
doing every day since 1981."                                                                                                    
                                                                                                                                
2:43:28 PM                                                                                                                    
RENA BOWER said  she had served on the Board  of Dental Examiners                                                               
for  seven years.  She  is  currently an  instructor  at the  new                                                               
dental  hygiene program  at the  University  of Fairbanks  Tanana                                                               
Valley Campus and has been  a certified dental assistant licensed                                                               
in Alaska for 15 years and  is able to give local anesthetic. She                                                               
couldn't add  anything to  previous testimony  other than  HB 136                                                               
would greatly  enhanced care  and expedite the  care that  can be                                                               
given into  the rural areas  and the underserved  population. She                                                               
emphasized that the dentist always  has the authority, even after                                                               
diagnosing  and  prescribing  the  treatment,  to  say  he  isn't                                                               
comfortable   with  having   his   dental  hygienist   administer                                                               
anesthetic or whatever.                                                                                                         
                                                                                                                                
DON  CHILES, oral  maxilla-facial surgeon,  said he  is currently                                                               
employed at  the Native Medical  Center. He has practiced  for 40                                                               
years in both  Bush Alaska and in private  practice. He supported                                                               
HB  136.  When  he  taught  at  Baylor,  he  taught  both  dental                                                               
hygienist students and  dental students the very  same CPR course                                                               
relative  to   emergencies  and  dental  treatment.   In  private                                                               
practice, he employed  a dental hygienist who worked  with him as                                                               
a  surgical  assistant.  He  had   first-hand  knowledge  of  her                                                               
training  and he  was in  total support  of having  collaborative                                                               
agreements for  doing treatments  in the  bush. It  would enhance                                                               
treatment  for  patients  and  his   experience  is  that  dental                                                               
hygienists do thorough exams.                                                                                                   
                                                                                                                                
CHAIR ELLIS noted  that HB 136 would be held  for another hearing                                                               
in the near future.                                                                                                             

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