02/01/2011 01:30 PM Senate LABOR & COMMERCE

            SB  59-EXTEND BOARD OF DENTAL EXAMINERS                                                                         
                                                                                                                                
2:04:59 PM                                                                                                                    
CHAIR EGAN announced SB 59 to be up for consideration.                                                                          
                                                                                                                                
2:05:48 PM                                                                                                                    
DANA  OWEN, staff  to the  Senate Labor  and Commerce  Committee,                                                               
sponsor  of SB  59, said  the Dental  Society suggested  19 pages                                                               
worth changes,  so they thought  it would be more  expeditious to                                                               
split  the question  in  two.  This bill  extends  the board  for                                                               
another five  years, a number "that  was pulled out of  the air."                                                               
He was  not aware  of the  audit that  had been  done and  it had                                                               
recommended  eight years  instead of  five. He  said it  would be                                                               
highly recommended  to accept the auditor's  suggestion to extend                                                               
it to eight years.                                                                                                              
                                                                                                                                
SENATOR  MENARD  commented  that she  appreciates  the  auditor's                                                               
recommendation and was in favor  of extending the Board of Dental                                                               
Examiners for eight years.                                                                                                      
                                                                                                                                
2:07:51 PM                                                                                                                    
DAVID LOGAN, Chair, Legislative  Alaska Dental Society, supported                                                               
SB 59. He had no position on the length of time.                                                                                
                                                                                                                                
PAT DAVIDSON,  Legislative Auditor,  said the board  is operating                                                               
in an efficient  manner. The audit had one  recommendation to the                                                               
division  of timely  investigation of  complaints coming  in, but                                                               
the  audit team  did recommend  an eight-year  extension for  the                                                               
board.                                                                                                                          
                                                                                                                                
SENATOR PASKVAN asked if she  made suggestions to the division or                                                               
had they made any responses to  her as to how they were intending                                                               
on handling the issue of timely response to complaints.                                                                         
                                                                                                                                
MS.  DAVIDSON  answered   they  looked  at  is   how  their  case                                                               
management system worked. She explained  that when there is a big                                                               
caseload, it's  important to have  a case management  system that                                                               
will  have a  "tickler file"  associated with  it. Their  current                                                               
data base  didn't have that.  They had been looking  at replacing                                                               
the system,  but she didn't  know if  it had been  purchased yet.                                                               
She said  they looked at  six complaints  and five cases  for the                                                               
Board of  Dental Examiners; three  of the six complaints  and one                                                               
out of  five cases were inactive  for more than six  months. They                                                               
need  to be  a little  more up  to speed  where those  individual                                                               
cases are and data management would help in that area.                                                                          
                                                                                                                                
SENATOR PASKVAN  said he had  heard comments from  dentists about                                                               
an internal self policing capacity.                                                                                             
                                                                                                                                
MS. DAVIDSON replied that investigation  and complaints are not a                                                               
board activity; they are a  divisional activity. The board sit as                                                               
a quasi-judicial  arm. So the  investigations are handled  by the                                                               
division  that  reports to  the  board.  The board  decides  what                                                               
action  to  take.  Keeping  on   top  of  your  own  caseload  is                                                               
important, but data management is needed.                                                                                       
                                                                                                                                
SENATOR  GIESSEL said  she had  been  involved with  professional                                                               
licensing  board  and that  was  issue  with  them as  well.  She                                                               
thought they would get data  management program a couple of years                                                               
ago, and asked why. Is it an appropriation issue?                                                                               
                                                                                                                                
MS. DAVIDSON agreed that the  department should answer, but added                                                               
that  this   is  a   continuing  issue   with  many   boards  and                                                               
commissions.                                                                                                                    
                                                                                                                                
DON  HABEGAR, Director,  Division of  Corporations, Business  and                                                               
Professional  Licensing, Department  of  Commerce, Community  and                                                               
Economic  Development  (DCCED),  replied   that  the  system  (GL                                                               
Suites) has  been purchased, but  they are still in  the learning                                                               
phase.                                                                                                                          
                                                                                                                                
SENATOR  PASKVAN asked  him to  more fully  explain what  goes on                                                               
with complaints.                                                                                                                
                                                                                                                                
MR.  HABERGER replied  that investigations  by statute  are under                                                               
the department's  purview. They  will capture the  complaint that                                                               
comes from  the public;  the investigation team  will look  at it                                                               
and decide  whether it merits  further investigation. If  it does                                                               
and  violates licensing  laws, they  will develop  a case  and at                                                               
some point in time they will  take a recommendation to the board.                                                               
But before that  they may have a dentist on  the board review the                                                               
case and make his recommendation.                                                                                               
                                                                                                                                
COMMISSIONER  BELL  said 701  complaints  were  made for  the  40                                                               
professions  the division  monitors.  That resulted  in a  little                                                               
over 500 actions  and over 500 went to the  next stage. About 350                                                               
resulted  in some  disciplinary  action that  could  have been  a                                                               
fine, continuing education, or monitoring auditing.                                                                             
                                                                                                                                
SENATOR PASKVAN  asked the  backlog within  the specific  area of                                                               
dentistry.                                                                                                                      
                                                                                                                                
MR. HABEGAR  said he couldn't  answer specifically;  the division                                                               
has  taken a  number of  proactive measures.  When he  joined the                                                               
division it  had a new  chief of investigations, and  knowing the                                                               
audit reports have  a recurring theme, they are  looking for ways                                                               
to manage that.                                                                                                                 
                                                                                                                                
2:22:29 PM                                                                                                                    
SENATOR MENARD  moved to  amend SB  59 to  extend the  board from                                                               
2016 to 2019. There were no objections and it was so ordered.                                                                   
                                                                                                                                
SENATOR  MENARD moved  to advance  CSSB 59  (L&C) from  committee                                                               
with  individual  recommendations  and attached  fiscal  note(s).                                                               
There were no objections and it was so ordered.