Legislature(2021 - 2022)BELTZ 105 (TSBldg)
02/09/2022 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB143 | |
| SB173 | |
| SB151 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 173 | TELECONFERENCED | |
| *+ | SB 143 | TELECONFERENCED | |
| *+ | SB 151 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 173-DENTIST SPEC. LICENSE/RADIOLOGIC EQUIP
2:06:04 PM
ACTING CHAIR STEVENS reconvened the meeting and announced the
consideration of SENATE BILL NO. 173 "An Act relating to the
practice of dentistry; relating to dental radiological
equipment; and providing for an effective date."
2:06:32 PM
SENATOR DAVID WILSON, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 173, stated that the bill does two things: 1) it
transfers the inspection of dental radiology equipment from the
Board of Dental Examiners to the Department of Health and Social
Services; and 2) it establishes a specialty license. Members of
the dental industry brought these suggestions forward and the
matter has been considered in previous legislatures. These
updates are needed and will enhance public safety. He deferred
further introduction to Jasmin Martin.
2:07:24 PM
JASMIN MARTIN, Staff, Senator David Wilson, Alaska State
Legislature, Juneau, Alaska, introduced SB 173 on behalf of the
sponsor. She stated that the components in the bill were
contained in legislation in the 2020 session that was cut short
[due to COVID-19]. She paraphrased the following sponsor
statement.
[Original punctuation provided.]
Senate Bill 173 does two things. It transfers dental
radiological equipment inspections from the Board of
Dental Examiners to the Department of Health and
Social Services and it establishes a specialty dental
license in the State of Alaska.
For the first part, the Board of Dental Examiners
currently certifies inspectors of dental radiological
equipment who in turn conduct inspections at dental
offices. This bill would move the authority and
responsibility for inspections to the Department of
Health and Social Services, which already inspects
medical radiological equipment and employs state
inspectors. This bill also allows for the collection
of fees to cover the costs associated with inspection.
The second part of the legislation is a "truth in
advertising" concept. It simply establishes that if a
dentist advertises as a specialist in a field, they
must meet certain minimum qualifications as a
specialist as established by the Alaska State Board of
Dental Examiners (board). There is currently no
definition in statue for what a dental specialist is,
and the board does not have the authority to define
the term.
A dentist in Alaska can legally promote themselves as
specialist in fields such as orthodontics, oral
surgery, endodontistry, etc., even if they have no
specialty training in that fields. The board cannot
stop this practice if it does not have the authority
to set standards for what a specialist is. This lack
of authority for the board makes it difficult to
police misleading advertisements to the public.
2:08:37 PM
MS. MARTIN presented the sectional analysis for SB 173. It read
as follow:
[Original punctuation provided.]
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.
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.
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.
2:10:33 PM
ACTING CHAIR STEVENS asked for the source of the funds that pay
for the inspections.
MS. MARTIN replied that the Board of Dental Examiners collects
fees to pay for the inspections and those funds are passed on to
the Department of Health and Social Services.
VICE CHAIR STEVENS asked if the fees are collected from the
licensed dentists who have equipment that is inspected.
MS. MARTIN answered yes.
SENATOR MICCICHE observed that the Department of Commerce,
Community and Economic Development (DCCED) fiscal note reflects
the need for a new position. He asked if the entire cost of the
bill is covered by the licensing fees.
MS. MARTIN replied that is the intent, but she would defer to
Ms. Chambers.
ACTING CHAIR STEVENS turned to invited testimony.
2:12:02 PM
DAVID LOGAN, DDS, Executive Director, Alaska Dental Society,
Anchorage, Alaska, thanked the sponsor for introducing the bill
and the committee for hearing it. He summarized that the bill
has two parts: 1) it addresses expert inspections; and 2) it
addresses specialty dental licenses. He deferred to Dr. Nielson
to speak to why the issue of specialty licenses has been
problematic for the board.
Speaking to the matter of inspections, he explained that
dentists are required to have their x-ray machines inspected by
a certified inspector once every six years. This has been
difficult. At this time there are no certified inspectors in the
state, and by the end of this year some dentists will either be
faced with not providing x-rays or operating out of compliance,
neither of which is acceptable.
2:13:29 PM
SENATOR GRAY-JACKSON thanked Dr. Logan for meeting with her
yesterday to explain the bill.
VICE CHAIR STEVENS asked how to prevent the potential compliance
issue.
DR. LOGAN offered his understanding that if the inspections were
transferred, the Department of Health and Social Services (DHSS)
could promulgate regulations, set the standards, and presumably
do the inspections. He noted that dentists could look at the
date sticker on their equipment to determine whether or not an
inspection was needed.
ACTING CHAIR STEVENS asked Ms. Chambers to address the question
of funding the inspections.
2:15:15 PM
SARA CHAMBERS, Director, Division of Corporations Business and
Professional Licensing, Department of Commerce, Community and
Economic Development (DCCED), Juneau, Alaska, confirmed that the
intention is that the individual dentists will be charged for
the inspections and payment will be through fee recovery receipt
services. As a general rule, if a program grows the associated
costs are borne by the licensees in that industry. She said the
DCCED fiscal note looks large but that is primarily because the
program has not been operating for several years. She described
it as a public safety cost to cover the backlog of uncollected
fees.
ACTING CHAIR STEVENS asked if she was concerned about x-ray
equipment potentially being out of compliance.
MS. CHAMBERS replied that as a consumer of dental services and
as the director of the division she would like assurance that
dental radiological equipment that is in use is safe. She added
that while the Board of Dental Examiners has employed different
strategies to make this work, it is outside their scope. She
posited that it is more appropriate for DHSS to address this
missing piece.
SENATOR GRAY-JACKSON asked her to speak to the effect the
specialty services component will have on Medicaid.
MS. CHAMBERS deferred the question to DHSS.
2:18:25 PM
ACTING CHAIR STEVENS asked Dr. Nielson if he had any comment on
the bill.
2:18:50 PM
DAVID NIELSON, DDS, Chair, Alaska Board of Dental Examiners,
Anchorage, Alaska, said he had prepared comments on Section 2
and was happy to answer any additional questions, but he thought
Dr. Logan and Sara Chambers explained it very well. Moving to
Section 3, he explained that the Dental Practice Act repealed
specialty licenses in about 2012. The result was that the board
stopped investigating false and misleading advertising
complaints. To restart these investigations, it is necessary to
have specialty license categories that can hold up under legal
scrutiny. He highlighted that an accredited dental post-graduate
program takes an extra two years of training beyond dental
school. He also informed the committee that the board has had to
deny a few licenses for specialists who want to come work in
Alaska because there is no way to approve such an applications
without having a license type that is limited to a specialty
area of dentistry.
ACTING CHAIR STEVENS asked if there were further questions.
2:21:18 PM
SENATOR GRAY-JACKSON said she would like somebody from DHSS to
provide information about what effect the specialty services
component will have on Medicaid.
ACTING CHAIR STEVENS passed the request to the committee aide
for follow up.
2:21:48 PM
ACTING CHAIR STEVENS opened public testimony on SB 173; finding
none, he closed public testimony. Finding no further questions
or comments from the committee, he solicited the will of the
committee.
2:22:13 PM
SENATOR MICCICHE moved to report SB 173, work order 32-LS0865\I,
from committee with individual recommendations and attached
fiscal note(s).
ACTING CHAIR STEVENS found no objection and SB 173 was reported
from the Senate Labor and Commerce Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 143 Sponsor Statement.pdf |
HCRA 3/8/2022 8:00:00 AM SL&C 2/9/2022 1:30:00 PM |
SB 143 |
| SB 143 Sectional Analysis version I.pdf |
HCRA 3/3/2022 8:00:00 AM HCRA 3/8/2022 8:00:00 AM SL&C 2/9/2022 1:30:00 PM |
SB 143 |
| SB 143 Statement of Zero Fiscal Impact.pdf |
HCRA 3/3/2022 8:00:00 AM SL&C 2/9/2022 1:30:00 PM |
SB 143 |
| SB 143 Support Document 1 - Sarah Badten.PDF |
HCRA 3/3/2022 8:00:00 AM HL&C 3/14/2022 3:15:00 PM SL&C 2/9/2022 1:30:00 PM |
SB 143 |
| SB 143 Support Document 2 - Pre-1986 Home-Condominium Owners Associations.pdf |
HCRA 3/3/2022 8:00:00 AM HL&C 3/14/2022 3:15:00 PM SL&C 2/9/2022 1:30:00 PM |
SB 143 |
| SB 143 Support Document 3 - Post-1986 Home-Condominium Owners Associations.pdf |
HCRA 3/3/2022 8:00:00 AM HL&C 3/14/2022 3:15:00 PM SL&C 2/9/2022 1:30:00 PM |
SB 143 |
| SB 143 Letters of Support Received as of 2.9.22.pdf |
HL&C 3/14/2022 3:15:00 PM SL&C 2/9/2022 1:30:00 PM |
SB 143 |
| SB 173 Sponsor Statement.pdf |
SFIN 2/24/2022 9:00:00 AM SL&C 2/9/2022 1:30:00 PM |
SB 173 |
| SB 173 Sectional Analaysis version I.pdf |
SFIN 2/24/2022 9:00:00 AM SL&C 2/9/2022 1:30:00 PM |
SB 173 |
| SB 173 Fiscal Note 242 - DOH.pdf |
SL&C 2/9/2022 1:30:00 PM |
SB 173 |
| SB 173 Fiscal Note 2252 - DOH.pdf |
SL&C 2/9/2022 1:30:00 PM |
SB 173 |
| SB 173 Fiscal Note 2360 - DCCED.pdf |
SL&C 2/9/2022 1:30:00 PM |
SB 173 |
| SB 173 Written Testimony Received as of 1.31.22.pdf |
SFIN 2/24/2022 9:00:00 AM SL&C 2/9/2022 1:30:00 PM |
SB 173 |
| SB 151 Sponsor Statement.pdf |
HL&C 4/13/2022 3:15:00 PM SFIN 2/24/2022 9:00:00 AM SL&C 2/9/2022 1:30:00 PM |
SB 151 |
| SB 151 Fiscal Note 3119 - DCCED.pdf |
HL&C 4/13/2022 3:15:00 PM SL&C 2/9/2022 1:30:00 PM |
SB 151 |
| SB 151 Supporting Document - 2021 Audit Summary.pdf |
HL&C 4/13/2022 3:15:00 PM SFIN 2/24/2022 9:00:00 AM SL&C 2/9/2022 1:30:00 PM |
SB 151 |
| SB 151 Supporting Document - 2021 Complete Audit.pdf |
HL&C 4/13/2022 3:15:00 PM SFIN 2/24/2022 9:00:00 AM SL&C 2/9/2022 1:30:00 PM |
SB 151 |