02/24/2022 09:00 AM Senate FINANCE

SENATE BILL NO. 173                                                                                                           
                                                                                                                                
     "An Act relating to the practice of dentistry;                                                                             
     relating to dental radiological equipment; and                                                                             
     providing for an effective date."                                                                                          
                                                                                                                                
9:45:25 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop  invited the bill  sponsor and staff  to the                                                                    
table.                                                                                                                          
                                                                                                                                
9:46:03 AM                                                                                                                    
                                                                                                                                
Senator  David  Wilson,  Sponsor, explained  that  the  bill                                                                    
would  transfer  dental radiological  equipment  inspections                                                                    
from  the Board  of Dental  Examiners to  the Department  of                                                                    
Health and  Social Services and would  establish a specialty                                                                    
dental license  in the State  of Alaska. He stated  that the                                                                    
changes  had  been  suggested  by   members  of  the  dental                                                                    
industry  and   had  been   seen  in   previous  legislation                                                                    
considered  by the  committee. He  stated  that the  updates                                                                    
were in the interest of public safety.                                                                                          
                                                                                                                                
9:47:22 AM                                                                                                                    
                                                                                                                                
JASMIN MARTIN,  STAFF TO SENATOR WILSON,  reiterated the two                                                                    
changes that would occur under the legislation.                                                                                 
                                                                                                                                
9:49:16 AM                                                                                                                    
                                                                                                                                
Senator Olson wondered whether the  bill was directed toward                                                                    
personnel or equipment inspection.                                                                                              
                                                                                                                                
Ms.  Martin  replied  that  the  bill  was  directed  toward                                                                    
equipment inspection.                                                                                                           
                                                                                                                                
Senator  Olson wondered  whether  adding the  responsibility                                                                    
under DHSS would be an additional burden to the department.                                                                     
                                                                                                                                
Ms. Martin  said that the  bill would create a  new position                                                                    
to take on the additional work.                                                                                                 
                                                                                                                                
Senator Olson asked whether there had been any past                                                                             
violations that had caused loss of a license.                                                                                   
                                                                                                                                
Senator Wilson responded that no one had lost a license                                                                         
yet, but that it would happen soon as there were some                                                                           
licensees that were out of compliance.                                                                                          
                                                                                                                                
Senator Olson found it troublesome that someone could be                                                                        
threatened with closure due to a change in statute.                                                                             
                                                                                                                                
Ms. Martin relayed that inspection of equipment was already                                                                     
a requirement under statute.                                                                                                    
                                                                                                                                
9:51:34 AM                                                                                                                    
                                                                                                                                
Ms. Martin addressed a sectional analysis document (copy on                                                                     
file):                                                                                                                          
                                                                                                                                
    Section 1: Conforming language in AS 08.01.065(c).                                                                        
                                                                                                                                
     Section  2: Adds  a  new section  (k)  to AS  08.01.065                                                                  
     (Title   8.  Business   and  Professions,   Chapter  1.                                                                    
     Centralized  Licensing, Section  065. Establishment  of                                                                    
     fees)  Requires  the  Board   of  Dental  Examiners  to                                                                    
     establish and collect fees on  behalf of the Department                                                                    
     of  Health and  Social Services  for the  inspection of                                                                    
     dental radiological equipment.                                                                                             
                                                                                                                                
Ms. Martin continued with the sectional:                                                                                        
                                                                                                                                
     Section  3: Adds  new sections  to AS  08.36 (Title  8.                                                                  
     Business  and Professions,  Chapter  36. Dentistry)  AS                                                                    
     08.36.242.   License  to   practice  as   a  specialist                                                                    
     required. Establishes that a  dentist may not advertise                                                                    
     using the  term "specialist," the name  of a specialty,                                                                    
     or  other phrases  that suggest  they are  a specialist                                                                    
     unless they have a specialist license as established.                                                                      
     AS  08.36.243. Qualification  for specialist;  scope of                                                                    
     practice.                                                                                                                  
                                                                                                                                
     (a)  Establishes  that  in  order   to  qualify  for  a                                                                    
     specialist licenses a person must                                                                                          
     (1) Hold a dental license issued by the board and                                                                          
     (2)  Meet   the  qualifications  of  a   specialist  as                                                                    
     established by the board                                                                                                   
     in regulation.                                                                                                             
                                                                                                                                
     (b)  In creating  the qualifications  for a  specialist                                                                    
     license, the board shall                                                                                                   
     consider  the  standards  of  a  nationally  recognized                                                                    
     certifying entity approved                                                                                                 
     by the board.                                                                                                              
                                                                                                                                
     (c)  Establishes  that  a dental  specialist  can  only                                                                    
     claim to be  a specialist in the specialty  they hold a                                                                    
     license in.                                                                                                                
     Sec. 08.36.245. Suspension  or revocation of specialist                                                                    
     license.                                                                                                                   
     Establishes  that  a  board may  suspend  or  revoke  a                                                                    
     specialist license as set by                                                                                               
     AS 08.36.315.                                                                                                              
                                                                                                                                
Ms. Martin continued to address the sectional analysis:                                                                         
                                                                                                                                
     Section  4: Adds  a  new section  (d)  to AS  44.29.020                                                                  
     (Title 44. State Government,  Chapter 29. Department of                                                                    
     Health and  Human Services, Section 020.  Duties of the                                                                    
     Department)  Requires DHSS  to  establish standards  of                                                                    
     registration,  use, record  keeping, and  inspection of                                                                    
     dental  radiological   equipment  in   compliance  with                                                                    
     federal law.                                                                                                               
                                                                                                                                
     Section 5: Conforming language in AS 44.46.029                                                                           
                                                                                                                                
     Section 6: Conforming language in AS 46.03.022                                                                           
                                                                                                                                
     Section  7:  Repeals:  AS  08.36.075:  Section  of  law                                                                  
     requiring  the   Board  of  Dental  Examiners   to  set                                                                    
     standards   for  inspection   of  dental   radiological                                                                    
     equipment.  Placed   under  DHSS   by  section   4.  AS                                                                    
     18.05.065, AS 18.60.525(e),  and AS 44.29.027: Sections                                                                    
     of   law  prohibiting   DHSS  from   regulating  dental                                                                    
     radiological equipment.                                                                                                    
                                                                                                                                
     Section 8:  Allows the Board  of Dental  Examiners, the                                                                  
     Department   of  Commerce,   Community,  and   Economic                                                                    
     Development, and  the Department  of Health  and Social                                                                    
     Services to adopt regulations in line with this act.                                                                       
                                                                                                                                
     Section  9:   Allows  the  departments  and   board  to                                                                  
     immediately begin setting regulations.                                                                                     
                                                                                                                                
     Section 10: Set  a delayed effective date  for the rest                                                                  
     of the act to July 1, 2023.                                                                                                
Co-Chair  Bishop asked  whether the  delayed effective  date                                                                    
was  synched  up  to  when  the  new  regulations  would  be                                                                    
complete.                                                                                                                       
                                                                                                                                
Ms. Martin deferred to the department.                                                                                          
                                                                                                                                
9:54:10 AM                                                                                                                    
                                                                                                                                
Senator  von  Imhof had  questions  about  Section 3,  which                                                                    
established  that  the  board  could  suspend  or  revoke  a                                                                    
license. She  assumed there were  dentists that  had claimed                                                                    
to   be  specialists   without  having   gone  through   the                                                                    
certification process.                                                                                                          
                                                                                                                                
Ms. Martin answered "yes."                                                                                                      
                                                                                                                                
Senator von  Imhof asked whether there  were other penalties                                                                    
that could be issued once the statute changes.                                                                                  
                                                                                                                                
Ms. Martin deferred  the question to the chair  of the Board                                                                    
of Dentistry.                                                                                                                   
                                                                                                                                
9:55:55 AM                                                                                                                    
                                                                                                                                
DR. DAVID  LOGAN, EXECUTIVE DIRECTOR, ALASKA  DENTAL SOCIETY                                                                    
(via teleconference), noted that  he would focus his remarks                                                                    
on the  x-ray inspection  aspect of  the bill.  He explained                                                                    
that there were dentists that  could face a compliance issue                                                                    
at the end  of the calendar year. He said  that the industry                                                                    
had  been unable  to find  a private  contractor to  perform                                                                    
inspections  in  the  state.  He  said  that  the  need  was                                                                    
recognized  and  attempts to  find  an  inspector have  been                                                                    
fruitless, which  prompted the  shift of  the responsibility                                                                    
to  DHSS. He  said that  inspectors had  to be  specifically                                                                    
trained for the job.                                                                                                            
                                                                                                                                
9:58:14 AM                                                                                                                    
                                                                                                                                
Senator Olson asked about the  alleged shortage of qualified                                                                    
inspectors in  the state.  He asked how  the issue  could be                                                                    
corrected.                                                                                                                      
                                                                                                                                
Mr. Logan  thought it would  be difficult to  get inspectors                                                                    
into the  state on a  part-time basis. He believed  that the                                                                    
hiring of the position would be best handled by the state.                                                                      
                                                                                                                                
Senator Olson asked  about how dentists in  rural Alaska and                                                                    
in   Tribal   health   corporations  had   their   equipment                                                                    
inspected.                                                                                                                      
                                                                                                                                
Mr.  Logan noted  there were  state certified  inspectors on                                                                    
staff at those facilitate.                                                                                                      
                                                                                                                                
10:00:27 AM                                                                                                                   
                                                                                                                                
DAVID  NIELSON,  CHAIR,  DENTAL   BOARD  OF  EXAMINERS  (via                                                                    
teleconference), thanked Senator  Wilson for introducing the                                                                    
bill. He  referenced He stated  that order for the  board to                                                                    
address  licensing  issues, specialty  licensing  categories                                                                    
were need, that could hold  up under scrutiny. He noted that                                                                    
typically a  post-graduate included at least  two additional                                                                    
years  after   dentistry  school.  Ha  said   that  lack  of                                                                    
specificity in  the statute had  resulted din the  denial of                                                                    
specialist   practice  licensees.   He  believed   that  the                                                                    
legislation  would give  the public  a way  to know  whether                                                                    
they were being treated by a certified specialist.                                                                              
                                                                                                                                
10:04:25 AM                                                                                                                   
                                                                                                                                
Co-Chair Bishop OPENED public testimony.                                                                                        
                                                                                                                                
10:04:51 AM                                                                                                                   
                                                                                                                                
JAYME  PARKER, SECTION  CHIEF,  PUBLIC HEALTH  LABORATORIES,                                                                    
DIVISION OF  PUBLIC HEALTH, DEPARTMENT OF  HEALTH AND SOCIAL                                                                    
SERVICES   (via   teleconference),    testified   that   the                                                                    
radiological  program  at  the state  health  lab  currently                                                                    
oversees 1000 devices across the  state. She stated that the                                                                    
work was  done by a  single health physicist. She  said that                                                                    
to take on  the estimated 2,200 to  2,400 additional devices                                                                    
the division  would need  an additional  radiological health                                                                    
physicist and a part-time  administrator to help with travel                                                                    
and outreach.  She relayed that  while the division  had the                                                                    
capability to  the work, they  lacked capacity.  She related                                                                    
that the devices were only  required to be inspected every 6                                                                    
years,  which meant  that inspections  could be  broken down                                                                    
into approximately 400 per year.                                                                                                
                                                                                                                                
10:06:44 AM                                                                                                                   
                                                                                                                                
Co-Chair Bishop CLOSED public testimony.                                                                                        
                                                                                                                                
10:06:49 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:07:12 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
Senator Wilson urged the committee to support the bill.                                                                         
                                                                                                                                
SB 173 was HEARD and HELD in committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                
10:07:54 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:09:42 AM                                                                                                                   
RECONVENED