04/06/1998 09:05 AM Senate HES

                                                                               
              HB 387 - DENTISTS ABILITY TO DO CPR                              
                                                                               
JOE BALASH, staff to Representative Therriault, gave the following             
explanation of HB 387.  This measure is intended to give the Board             
of Dental Examiners the ability to enter into a formal and binding             
memorandum of agreement (MOA) with applicants or licensees who are             
unable to perform cardiopulmonary resuscitation (CPR).  Currently              
the board enters into MOAs when it determines that an applicant or             
licensee is physically unable to perform CPR, however during a                 
legislative audit conducted last year, it was discovered that the              
board possesses no statutory authority to enter into such                      
agreements.  HB 387 will provide that authority to the Board of                
Dental Examiners while preserving the intent and spirit of the                 
statute to protect patients of dentistry.                                      
                                                                               
SENATOR ELLIS asked why Representative Therriault could not attend             
the meeting.                                                                   
                                                                               
MR. BALASH informed committee members Representative Therriault was            
attending a leadership meeting.                                                
                                                                               
Number 488                                                                     
                                                                               
SENATOR LEMAN noted the title of the bill is incredibly broad.  He             
remarked the bill seems reasonable to him since the dentist will be            
required to have another person in the room who is capable of                  
performing CPR.                                                                
                                                                               
SENATOR GREEN asked if, in Alaska, a dentist is required to have an            
assistant.                                                                     
                                                                               
MR. BALASH said he did not think so.                                           
                                                                               
SENATOR GREEN questioned how HB 387 will impact dentists who travel            
to rural communities for one day at a time to perform dental                   
services.  She questioned whether this bill will prevent dentists              
who cannot perform CPR from travelling to rural communities.                   
                                                                               
Number 507                                                                     
                                                                               
MR. BALASH answered the person who is able to perform CPR does not             
have to be a dental assistant; the bill does not restrict who can              
perform CPR in place of the dentist.  He pointed out a VPSO could              
assist the dentist who travels to rural communities.                           
                                                                               
SENATOR GREEN questioned the board's current ability to enter into             
MOAs.                                                                          
                                                                               
CHAIRMAN WILKEN replied the Board of Dentistry is currently doing              
so without statutory authority.                                                
                                                                               
MR. BALASH stated this issue came to Representative Therriault's               
attention because the Board of Dentistry entered into an MOA with              
a Fairbanks dentist who was unable to perform CPR because of knee              
problems.  A legislative audit performed last year revealed the                
fact that the board did not possess the authority to enter into                
such MOAs.  An informal opinion was rendered by the Attorney                   
General's Office which stated that the Americans with Disabilities             
Act probably superseded Alaska law on that issue and would allow               
such arrangements, but Representative Therriault decided to sponsor            
this legislation to clarify the matter and prevent any legal                   
conflicts.                                                                     
                                                                               
Number 541                                                                     
                                                                               
SENATOR ELLIS questioned whether statutory authority is necessary              
to decrease the liability of the board.                                        
                                                                               
MR. BALASH said the issue of liability has not been questioned.                
This problem arose when the Division of Occupational Licensing                 
learned from the audit that the Fairbanks dentist's license could              
not be renewed because of the board's inability to enter into an               
MOA.                                                                           
                                                                               
SENATOR ELLIS asked what the requirements are of the person able to            
perform CPR in place of the dentist.                                           
                                                                               
MR. BALASH replied that person is required to take a course and                
obtain a CPR card.                                                             
                                                                               
SENATOR ELLIS asked if the person can be of any age to qualify for             
a CPR card.                                                                    
                                                                               
MR. BALASH said that is correct.                                               
                                                                               
Number 561                                                                     
                                                                               
SENATOR LEMAN said he interprets this bill to apply to anyone under            
the jurisdiction of the board, which may include dental hygienists.            
He stated if that is the case, the title may need to be broadened              
to include those people, and the waiver should be extended to apply            
to dental hygienists.                                                          
                                                                               
MR. BALASH said the bill does apply to dental hygienists.  He                  
stated the Department of Law was aware of the letter written by the            
Division of Occupational Licensing.  He noted a title change may be            
necessary for the purpose of clarification.                                    
                                                                               
SENATOR LEMAN asked if the intent of the bill is that this will                
apply to anyone who is licensed by the board.                                  
                                                                               
MR. BALASH said that was correct.                                              
                                                                               
SENATOR LEMAN did not think a title change was critical since this             
is a House bill in the Senate.  He assumed a two-thirds vote could             
be garnered if the title was challenged.                                       
                                                                               
SENATOR LEMAN moved HB 387 from committee.  There being no                     
objection, CHAIRMAN WILKEN announced HB 387 was moved to its next              
committee of referral, the Senate Labor and Commerce Committee.