Legislature(2011 - 2012)SENATE FINANCE 532
03/30/2011 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB19 | |
| SB92 | |
| SB66 | |
| SB97 | |
| SB90 | |
| SB94 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 19 | TELECONFERENCED | |
| + | SB 92 | TELECONFERENCED | |
| + | SB 66 | TELECONFERENCED | |
| + | SB 90 | TELECONFERENCED | |
| + | SB 94 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 97 | TELECONFERENCED | |
SENATE BILL NO. 92
"An Act relating to dental hygienists, dentists,
dental assistants, dental hygiene, and dentistry."
9:08:41 AM
Senator Egan explained that CSSB 92 (L&C) clarified
statutes for dental hygienists, dentists and the board of
dental examiners.
DANA OWEN, STAFF, SENATOR EGAN, stated that the bill was
introduced to the office by a group of dentists and dental
hygienists. He stated that the dentistry and dental hygiene
statutes had not been comprehensively reviewed in over 20
years. The bill makes many changes to the statutes, most of
which are reflections of changes in dental practices. Some
changes are due to differences in regulatory framework and
others accommodate modern communications technology. The
committee proposing the changes was composed of three
dentists and three dental hygienists. One of the dentists
and one of the dental hygienists on the committee sit on
the board of dentistry. The committee originally proposed a
sunset provision, but the provision is currently separated
from the larger bill to facilitate reauthorization of the
board.
9:11:47 AM
Mr. Owen provided a sectional analysis.
Section 1. Removes a requirement that a person
practicing dental hygiene, or who is offering to
practice dental hygiene, must have a current
certificate of registration.
Section 2. Establishes the qualifications necessary
for licensure as a dental hygienist.
Section 3. Amends the qualifications necessary for a
dental hygienist to be licensed by credentials.
Section 4. Edits the dental hygiene licensing
provision to provide that successful applicants for
licensure will no longer be registered by the Board of
Dental Examiners (board) (see sec. 25 for a parallel
provision applicable to dentists).
Sections 5 - 6. Conform the "renewal of license" and
"lapse and reinstatement of license" provisions to the
bill's removal of the registration requirement for
dental hygienists.
Section 7. Allows a dental hygienist who has
completed a course offered by or under the auspices of
a program accredited by the Commission on Dental
Accreditation of the American Dental Association or
other equivalent course or program to receive a
restorative function endorsement from the board.
Section 8. Changes the levels of supervision required
for a dental hygiene student performing dental hygiene
procedures. Makes the section applicable to all
students enrolled in dental hygiene programs.
Sections 9 - 11. Change the permitted scope of
practice for a dental hygienist and clarify what
practices and procedures may not be delegated to a
dental hygienist by a dentist.
Section 12. Clarifies what practices and procedures a
dental hygienist, who has entered into a collaborative
agreement with a dentist, may be authorized by the
dentist to perform.
Section 13. Makes stylistic changes.
Section 14. Permits the board to sanction a dental
hygienist who used or knowingly cooperated in deceit,
fraud, or intentional misrepresentation to obtain a
certificate or endorsement and amends the other
grounds for discipline, suspension, or revocation of a
dental hygienist's license.
Section 15. Gives the board the authority to impose a
civil fine of up to $25,000 for a violation of
AS 08.32 or a regulation adopted under the chapter.
Section 16. Amends the list of dental hygienists to
whom the provisions of AS 08.32 do not apply.
Section 17. Provides new definitions applicable to
AS 08.32 for "licensed dental hygienist" and "licensed
dentist."
Section 18. Adds a qualification for the public
member of the board.
Section 19. Requires the members of the board to take
an oath. Requires the board to adopt a seal.
Section 20. Requires the president of the board to be
a dentist or dental hygienist.
Section 21. Amends the powers of the board.
Section 22. Requires the Department of Commerce,
Community, and Economic Development to employ an
investigator for the board.
Section 23. Requires the board to establish standards
for dental radiological equipment that comply with
applicable federal law. Permits the board to charge a
fee for equipment registered under the section.
Removes a requirement that inspections of radiologic
equipment be performed by a person with certain
qualifications.
Section 24. Requires the board to maintain a registry
of persons licensed as dentists or dental hygienists
and persons certified as dental assistants, and a
registry of licenses, certificates, and endorsements
revoked by the board.
Section 25. Edits the dentist licensing provision to
provide that successful applicants for a license will
no longer be registered by the board (see sec. 4 for a
parallel provision applicable to dental hygienists).
Section 26. Amends the qualifications for a license
to practice dentistry in the state.
Section 27. Requires that an applicant for licensure
as a dentist must be interviewed in person by the
board.
Sections 28 - 29. Amend what is necessary for a
dental hygienist to be licensed by credentials.
Section 30. Permits all persons enrolled as students
in an accredited school of dentistry to perform dental
procedures without a license if certain conditions are
met.
Section 31. Conforms the "renewal of registration"
provision to the bill's removal of the registration
requirement for dentists.
Section 32. Provides that a dentist who does not pay
the license renewal fee forfeits the dentist's
license. Permits the board to reinstate a license
upon certain conditions.
Section 33. Amends the grounds for discipline,
suspension, or revocation of a license to practice
dentistry.
Section 34. Permits a dental assistant who has
completed a course offered by or under the auspices of
a program accredited by the Commission on Dental
Accreditation of the American Dental Association or
other equivalent course or program to receive a
restorative function endorsement from the board.
Section 35. Adds a new provision allowing persons
enrolled in a program or course of study to perform
dental assisting procedures as part of that course of
study or program without a certificate if certain
conditions are met.
Section 36. Adds a new section that provides who may
own, operate, or maintain a dental practice, office,
or clinic.
Section 37. Provides new definitions applicable to AS
08.36 for "certified dental assistant," "licensed
dental hygienist," and "licensed dentist."
Section 38. Repeals AS 08.32.020, 08.32.035,
08.32.040, 08.32.060, 08.32.097, 08.32.100, 08.32.120,
08.32.130, 08.32.140, 08.32.190(2); AS 08.36.075(b),
08.36.075(c), 08.36.075(d), 08.36.075(e), 08.36.114,
08.36.230, 08.36.244, 08.36.246, 08.36.247, 08.36.248,
08.36.260, 08.36.271, 08.36.290, 08.36.350(a)(3), and
08.36.350(a)(4).
Section 39. Instructs the revisor of statutes to
change the catch line for AS 08.36.250.
9:19:13 AM
Co-Chair Stedman addressed Page 18, Line 28 regarding the
ownership of the dental office and facility. He asked the
reason for the new section.
DAVID LOGAN, ALASKA DENTAL SOCIETY answered that the
statute currently lacks a provision permitting a surviving
spouse to have ownership of a practice during a transition
period. The section allows a transitional period during
which a spouse has ownership of a practice with a licensed
dentist in control. During the transition period, the
spouse may sell the practice to another individual. The
section also clarifies additional mechanisms for ownership
of a dental practice.
Co-Chair Stedman mentioned the fiscal note from the
Department of Commerce, Community and Economic Development
(DCCED) for $114,200 in receipt support services to employ
one full time investigator.
9:21:28 AM
Senator Thomas asked about the first item in Section 1, the
removal of the need for a current certification of
registration. He asked if the language was redundant. Mr.
Logan responded yes.
Senator Thomas asked about the certification or inspection
of equipment. He expressed interest in the hazards of x-ray
and was curious about the condition of the equipment used.
Mr. Logan answered yes. He expected that much of the
content of the statutes will be transferred into
regulations with some minor modifications. He mentioned the
overarching federal law that ensures the minimum standard.
He noted requirements for qualifications of the equipment
inspectors along with a time allotment for inspection.
Co-Chair Hoffman asked why the Labor and Commerce (L&C)
committee felt the need for an investigator. Mr. Owen
responded that an investigator would provide a more
effective way of policing dental practices.
Co-Chair Stedman asked about the committee. Mr. Owen
responded that the committee was composed of three dentists
and three dental hygienists.
Mr. Logan added that board members expressed concern about
the length of time required to adjudicate cases. He pointed
out the limited number of investigators. The department has
many investigations with different boards. The board opined
that with its own investigator, the investigations would be
performed in a timely manner. The board acknowledged that
the change would result in additional licensing fees.
9:24:46 AM
Senator Olson asked about Page 18. He understood that only
a person who holds a valid license can own and operate a
dental practice clinic. He asked if the owner of a dental
practice must have a valid dental license. Mr. Logan
responded that a laundry list of exceptions exists in the
legislation.
Senator Olson asked if a community owned dental clinic was
trying to attract a dentist would they be exempted from the
restriction. Mr. Logan agreed. He stated that the
community could own the dental clinic but the management of
the clinic must be done by a licensed dentist.
Senator Olson asked about prescriptive authority and the
midlevel practitioners. Mr. Logan answered that the bill
has no effect on midlevel practitioners. They are exempt
from the state licensure.
Senator Olson asked about the health corporation's dental
practitioners who have studied abroad and then returned. He
wondered the effect the legislation has on those
practitioners working for the native corporations. Mr. Owen
responded that current practice in rural areas of Alaska
will remain unchanged. He explained that the original
drafted language was insufficient. He worked with attorneys
and a drafter to incorporate the appropriate language into
the amendment.
Senator Olson wondered about letters of support from
specific health corporations. Mr. Owen did not have the
requested letters.
9:28:02 AM
Senator Olson asked about Section 14 and the disciplinary
action by the dental board. He recalled that medical boards
are always seeking investigators. He wondered why the
dental board was different. Mr. Logan suspected that
additional boards would visit the legislature with the same
request.
Senator Olson asked about Section 23 and the radiological
procedures. He asked how the legislation restricts the
practice of current radiology technicians. Mr. Logan stated
that a board member could answer the question.
Senator Olson asked how many disciplinary actions occured
in the last five years. Mr. Logan deferred the question to
the director.
9:30:19 AM
DEBORAH STAUFFER, ALASKA STATE BOARD OF DENTAL EXAMINERS
(via teleconference), testified in support of the
legislation. She stated that the board of dental examiners
unanimously supported the passage of SB 92. She pointed out
that the legislation updates current statutes. She stated
that as of February, there were six open complaints filed
and awaiting review. She mentioned nine open investigations
with some consent agreements pending and noted nine other
cases awaiting records or release documents since the last
meeting in December. The results are similar to those noted
in the November meeting regarding the number of complaints
and investigations. She stated that one case closed in May
after eight years of investigation. She opined that an
additional investigator would help protect the public.
Co-Chair Stedman requested the data in letter format.
9:34:28 AM
Senator Olson asked how the number of open complaints
compares with those of the medical board. Ms. Stauffer did
not know.
Senator Olson requested a comparison. He believed that the
medical board did not possess their own investigator. Co-
Chair Stedman stated that the data will be compiled for the
committee.
9:35:06 AM
GAIL WALDEN, MATSU, ALASKA STATE DENTAL HYGIENIST
ASSOCIATION (via teleconference), testified in support of
the legislation. She agreed that the dental practice act
had not been thoroughly reviewed and updated in
approximately 20 years. She noted that SB 92 amends and
repeals dental hygiene statute language where appropriate,
making the practice act more concise. She opined that SB 92
maintains high standards for dental hygienists.
9:36:33 AM
DON HABEGER, DIRECTOR, DIVISION OF CORPORATE, BUSINESS, AND
PROFESSIONAL LICENSING, stated that he did not have the
requested information to answer Senator Olson's question.
He offered to provide the information to the committee.
Senator Egan offered to provide additional information and
announced that an amendment would be offered during the
bill's next hearing.
SB 92 was HEARD and HELD in Committee for further
consideration.