Legislature(2019 - 2020)ADAMS ROOM 519
04/12/2019 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB25 | |
| HB22 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 25 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 22 | TELECONFERENCED | |
SENATE BILL NO. 25
"An Act extending the termination date of the Board of
Dental Examiners; and providing for an effective
date."
1:31:52 PM
SENATOR DAVID WILSON, BILL SPONSOR, thanked the committee
and apologized for being held up with other state business.
He reviewed the bill sponsor statement:
Senate Bill 25 extends the termination date for the
Board of Dental Examiners until June 30th, 2027. The
Board of Dental Examiners is composed of nine members:
six dentists, two dental hygienists, and one public
member.
Legislative Audit conducted their review of this board
and determined that "The audit concludes that the
board operated in the public's interest by effectively
licensing and regulating dentists, dental hygienists,
and dental assistants. The board monitored licensees
and worked to ensure only qualified individuals
practiced in Alaska. Furthermore, the board was active
in amending regulations to improve the industry. In
accordance with AS 08.03.010(c)(7), the board is
scheduled to terminate on June 30, 2019. We recommend
that the legislature extend the board's termination
date eight years to June 30, 2027."
The Board of Dental Examiners serves an important role
in adopting regulations to carry out the laws
governing the practice of dentistry and dental hygiene
in Alaska. The continuation of this board plays an
important role in ensuring high standards of dental
care are offered throughout the state.
Senator Wilson reported that Legislative Audit made 2
recommendations to the board. He read the recommendations
from the sunset review:
Recommendation 1:
The Board of Dental Examiners (board) president should
take steps to correct a regulation error.
A 2016 change to a dental radiological equipment
regulation resulted in regulations referring to a
repealed section of regulations.
Specifically, 12 AAC 28.965 states:
(b) The inspection of dental radiological
equipment must
(1) be performed by an inspector who is on the
list
maintained under (d) of this section;
However, section 12 AAC 28.965(d) was repealed March
2016.
Senator Wilson reported that the board had corrected the
error.
Recommendation 2:
Division of Corporations, Business and Professional
Licensing's chief investigator, in consultation with
the board, should implement controls to ensure the
appropriate entities are notified when a licensee's
prescription authority is suspended or revoked.
Senator Wilson explained that although the investigations
were done in a timely manner, Legislative Audit found that
there were no procedures and notified the Board of Pharmacy
or the Federal Drug Enforcement Administration when a
licensees prescription authority had been suspended or
revoked. The Division had immediately addressed the issue
by implementing controls to ensure that the entities were
appropriately notified.
Senator Wilson drew members' attention to the fiscal note.
The note reflected a spend of $35,100 which paid for
expenses for board travel, attending meetings, advertising,
and board and conference fees. Professional licensing
programs within the Division of Corporations, Business and
Professional Licensing were funded by Receipt Supported
Services with designated general funds. Licensing fees were
covered by the costs of the board.
Senator Wilson reviewed the sectional analysis:
Section 1. AS 08.03.010(c)(7) is amended to read:
(7) Board of Dental Examiners (AS 08.36.010) -
June 30, 2027 [2019];
Sec. 2. This Act takes effect immediately under AS
01.10.070(c).
Senator Wilson reviewed the available testifiers and urged
members support.
Co-Chair Wilson invited Kris Curtis to the table.
1:35:59 PM
KRIS CURTIS, LEGISLATIVE AUDITOR, ALASKA DIVISION OF
LEGISLATIVE AUDIT, indicated the purpose of the sunset
audit, dated April 2018 (copy on file), was to determine
whether a board or commission was serving the public's
interest and whether it should be extended. She read from
the audit report:
The audit concludes that the board operated in the
public's interest by effectively licensing and
regulating dentists, dental hygienists, and dental
assistants. The board monitored licensees and worked
to ensure only qualified individuals practiced in
Alaska.
Furthermore, the board was active in amending
regulations to improve the industry.
In accordance with AS 08.03.010(c)(7), the board is
scheduled to terminate on June 30, 2019. We recommend
that the legislature extend the board's termination
date eight years to June 30, 2027.
Ms. Curtis directed members to turn to page 6 regarding
licensing activity. She relayed that as of January 2018
there were 2,399 active licenses. On page 7 there was a
schedule of board revenues and expenditures. It showed that
as of March 2018 the board had a deficit of $36,000. She
reported that there was a fee analysis planned for 2018.
The schedule of fees was on page 8.
Ms. Curtis continued that the audit had two recommendations
administrative in nature. The first recommendation was a
regulation error which should be easy to address. A 2016
regulation change resulted in one regulation referencing a
repealed recommendation. The second recommendation was an
issue the auditor also found with the Board of Nursing. She
explained that when a licensee's prescription authority was
suspended or revoked, there were no procedures to notify
the Board of Pharmacy or the Federal Drug Enforcement
Administration (DEA). In the audit period she found two
licensed dentists that had their prescription authority
revoked and the information was not communicated to the
proper entities.
Ms. Curtis reported that the response to the audit was on
page 21. The board agreed with both recommendations and
planned to take corrective action.
Representative LeBon mentioned there had been discussion
about a level of dental practice that would allow a
practitioner to serve the public in rural areas providing
basic dental services. He asked if a discussion had ensued.
Ms. Curtis responded that the audit did not look at the
issue. However, she thought Dr. Neilson, the chairman of
the board, could field the question.
1:39:21 PM
DR. DAVID NEILSON, MEMBER, ALASKA BOARD OF DENTAL EXAMINERS
(via teleconference), thought Representative LeBon was
referencing the Dental Health Aide Therapist. He wondered
if he was right. Representative LeBon responded in the
affirmative.
Dr. Neilson relayed that the particular provider was not
regulated by the state or the board. They were regulated by
Indian Health Service and supervised by dentists that work
in the villages. It was difficult for him to comment except
to say that it seemed to be working.
Representative LeBon asked how common the program was
throughout the state. He wonder how many practitioners were
in the state. Dr. Neilson did not have the information. The
best way to obtain the information would be through Alaska
Native Tribal Health Consortium (ANTHC) or the tribes.
Since the board did not license them, he did not know the
numbers or where they were practicing.
Co-Chair Wilson asked if Mr. Neilson had additional
testimony. Dr. Neilson was available for questions. He
supported the extension.
Co-Chair Wilson asked if any regulations had been brought
forward to make it easier for out-of-state dentists to
provide service in Alaska. Dr. Neilson responded
affirmatively. The board's goal was to accept all generally
equivalent regional licensing exams. The board had a
current regulation project that addressed the issue. He
reported that it was just signed by the Lieutenant
Governor's Office and should be in effect approximately by
May 1, 2019. It should be in effect for the upcoming exam
season. Co-Chair Wilson appreciated the information he
provide over the interim.
1:42:31 PM
DAVID LOGAN, ALASKA DENTAL SOCIETY, ANCHORAGE (via
teleconference), reported that the Alaska Dental Society
had worked with the board for several years to bring a
change in place where dentists graduating from U.S. schools
could take any regional board and apply for an Alaska
dental license. The society was very glad to see the
project come to an end. He conveyed that the Alaska Dental
Society supported the board extension.
1:43:36 PM
Co-Chair Wilson OPENED Public Testimony.
1:43:50 PM
Co-Chair Wilson CLOSED Public Testimony. Co-Chair Wilson
asked Ms. Chambers to review the fiscal note associated
with the bill.
SARA CHAMBERS, DIRECTOR, DIVISION OF CORPORATIONS, BUSINESS
AND PROFESSIONAL LICENSING, DEPARTMENT OF COMMERCE,
COMMUNITY AND ECONOMIC DEVELOPMENT (via teleconference),
reported that the fiscal note reflected all receipt
supported services to continue the work of the board if
extended through the recommended amount of time. All
expenses were paid through license fees. There were no
undesignated general funds. If the board was sunset there
would not be expenses for maintaining the activity of the
board. If the board was extended expenses would be
incurred. She estimated about $35,000 per year for the
activities of the board. If the bill was not successful and
the board were not to continue, the division would assume
all the responsibilities for the licensing program without
the benefit of the wisdom of the board.
Co-Chair Wilson understood the fiscal note reflected what
the department would incur if the board was not in place.
She wondered if the fees would drop down without the
infrastructure of the board in place. Ms. Chambers
responded that it was unlikely that the division would see
a significant savings by simply discontinuing the board.
The board was a group of experienced volunteers that
provided service at no salary cost to the division. The
division would likely have to obtain expert witnesses at a
much higher cost to provide the expertise in regulations
and advising regarding investigations. The real benefit
went far beyond $35,000 per year to gather the board
together to meet.
Co-Chair Wilson did not object to the extension of the
board. Rather, she was trying to be transparent with the
fiscal note. She referred to page 7 of the audit which
showed the state's direct expenditures for the board and
the money collected. She thought the fiscal note should
include the amount if board was extended. She thought the
fiscal note currently reflected the amount if the board was
not extended. Ms. Chambers replied that if the bill passed,
the division would require $35,000 to continue the
activities of the board. If the bill did not pass, the
expense would not be part of the division's expenditures
for the fiscal year.
Co-Chair Wilson asked why the board was being given
$145,216 in program receipts to do its business, but it was
not reflected in the fiscal note. Ms. Chambers responded
that the only thing that changed with the bill was the
existence of the board. The rest of the program did not
change. The division would continue to perform all
licensing and investigative functions for the program. The
fiscal note, per the legislature, reflected what the bill
accomplished, not all of the expenses associated with the
entire licensing program.
Co-Chair Wilson suggested that if the board no longer
existed there would still be fees incurred to regulate the
profession. She asked if she was correct. Ms. Chambers
responded positively. Co-Chair Wilson suggested that the
fiscal note needed work.
Representative Knopp tried to clarify Co-Chair Wilson's
comment. He wondered if he understood correctly. Ms.
Chambers responded in the affirmative.
Co-Chair Wilson wanted to make sure when people were
looking at the fiscal note they did not think the amount
listed was all that the program was spending.
SB 25 was HEARD and HELD in committee for further
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 25 Board of Dental Examiners Sunset Review.pdf |
HFIN 4/12/2019 1:30:00 PM |
SB 25 |
| SB 25 HFIN Hearing Request 4.3.2019.pdf |
HFIN 4/12/2019 1:30:00 PM |
SB 25 |
| SB 25 Letters of Support.pdf |
HFIN 4/12/2019 1:30:00 PM |
SB 25 |
| SB 25 Sponsor Statement.pdf |
HFIN 4/12/2019 1:30:00 PM |
SB 25 |
| HB 22 Supporting Documents-Suicide Facts.pdf |
HFIN 4/12/2019 1:30:00 PM |
HB 22 |