Legislature(2021 - 2022)ADAMS 519

05/05/2022 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 3:50 pm --
+ SB 131 WORKERS' COMP DISABILITY FOR FIREFIGHTERS TELECONFERENCED
Heard & Held
+ SB 173 DENTIST SPEC. LICENSE/RADIOLOGIC EQUIP TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 45 AGE FOR NICOTINE/E-CIG; TAX E-CIG. TELECONFERENCED
Moved HCS CSSB 45(FIN) Out of Committee
CS FOR SENATE BILL NO. 173(FIN)                                                                                               
                                                                                                                                
     "An Act relating to the practice of dentistry;                                                                             
     relating to dental radiological equipment; and                                                                             
     providing for an effective date."                                                                                          
                                                                                                                                
3:58:38 PM                                                                                                                    
                                                                                                                                
SENATOR DAVID  WILSON, SPONSOR, introduced  the legislation.                                                                    
He  reported that  SB  173  transferred dental  radiological                                                                    
equipment inspections from the  Board of Dental Examiners to                                                                    
the  Department of  Health and  Social  Services (DHSS)  and                                                                    
established  a  specialty dental  license  in  the State  of                                                                    
Alaska.  The   changes  were   recommended  by   the  dental                                                                    
community.  He thanked  Vice-Chair Ortiz  as the  sponsor of                                                                    
the   house  companion   bill  [HB   295  -   Dentist  Spec.                                                                    
License/Radiologic Equip]  for steering his  version through                                                                    
the  house. He  emphasized that  the licensing  updates were                                                                    
necessary for  the publics  safety  as it ensured that  if a                                                                    
dentist  advertises  as  a   specialist,  they  met  certain                                                                    
qualifications. The bill also  ensured that dental equipment                                                                    
was inspected in a timely manner.                                                                                               
                                                                                                                                
Co-Chair Merrick moved to invited testimony.                                                                                    
DR.  DAVID   LOGAN,  ALASKA   DENTAL  SOCIETY,   SITKA  (via                                                                    
teleconference),  thanked  the  sponsor  and  Representative                                                                    
Ortiz  for  bringing the  bill  forward.  He indicated  that                                                                    
there were two aspects to  the legislation. The bill changed                                                                    
how  dental x-ray  units  were inspected  in  the state  and                                                                    
introduced  a specialty  license  that  had previously  been                                                                    
available  as  recent as  2010.  He  explained the  need  to                                                                    
change how  dental e-ray  units were  inspected. Inspections                                                                    
of dental  x-ray machines were  done by DHSS until  20 years                                                                    
ago  when  it  was  transferred  to  the  dental  board.  He                                                                    
elaborated  that the  dentists would  contract with  private                                                                    
contractors  to   do  the  inspections.  However,   the  few                                                                    
individuals  performing x-ray  inspections  retired and  the                                                                    
board had  not been  able to  find replacements.  He pointed                                                                    
out that x-ray inspection  was a highly specialized service.                                                                    
Individuals   able  to   perform  inspections   were  either                                                                    
employed at  a state level,  by a large corporation,  or had                                                                    
retired from the  field and were not  interested in working.                                                                    
He  stressed  that  there  were  no  longer  any  inspectors                                                                    
available  for private  dentists  in the  state. The  dental                                                                    
community believed  transferring the  duty back to  DHSS was                                                                    
the  best  option  because   they  already  performed  x-ray                                                                    
inspections  for hospitals,  doctors,  etc. He  acknowledged                                                                    
that the department would have  to hire another inspector to                                                                    
address the  increased workload. Dentists would  soon be out                                                                    
of compliance with inspections that  were required every six                                                                    
years. He  added that if  the legislation did not  pass some                                                                    
dentists  would  be  out  of compliance  by  years  end.  He                                                                    
requested passage of the bill.                                                                                                  
                                                                                                                                
4:04:36 PM                                                                                                                    
                                                                                                                                
Representative LeBon asked  if providers paid a  fee for the                                                                    
inspection  and whether  the dental  community  would pay  a                                                                    
fee. Mr.  Logan answered  that he could  not speak  to other                                                                    
providers  but  knew  that  dentists paid  a  fee  based  on                                                                    
complexity and number of machines.  He assured the committee                                                                    
that the fee would cover the costs of inspection.                                                                               
                                                                                                                                
4:05:50 PM                                                                                                                    
                                                                                                                                
DAVID  NIELSON, CHAIR,  ALASKA  BOARD  OF DENTAL  EXAMINERS,                                                                    
ANCHORAGE (via teleconference), testified  in support of the                                                                    
bill. He spoke  to Section 3 of the bill.  He explained that                                                                    
the   dental  practice   act   repealed  specialty   license                                                                    
categories in  2012. Since that  time, the dental  board had                                                                    
retreated   from   investigating    false   and   misleading                                                                    
advertising complaints.  In order  for the board  to address                                                                    
the  issue, it  needed  to reinstate  the specialty  license                                                                    
categories to defend legal scrutiny  and  help reduce public                                                                    
confusion  over deceptive  or false  advertising brought  by                                                                    
dentists using  the term  "specialist" or  "specializing in"                                                                    
to an  area of dentistry  that is  professionally recognized                                                                    
to  require  significantly  more  training  than  they  have                                                                    
received.  Typically, a  dental specialty  residency demands                                                                    
at  least  an extra  two-years  of  focused training  beyond                                                                    
dental school.  He added that  the board had to deny several                                                                    
license  applications   to  dentists  that   graduated  from                                                                    
accredited  specialty programs  merely  because  it did  not                                                                    
have  a  way  to  approve  their  application,  lacking  the                                                                    
license types  for dental  specialties. The  provision would                                                                    
open the doors wider  for more qualified dental specialists.                                                                    
He thanked the sponsors of the bill.                                                                                            
                                                                                                                                
4:08:24 PM                                                                                                                    
                                                                                                                                
Representative Carpenter  pointed to the  sectional analysis                                                                    
for Section 3 regarding AS 08.36.243 (b):                                                                                       
                                                                                                                                
     (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.                                                                                                                 
                                                                                                                                
Representative   Carpenter   asked   how   many   nationally                                                                    
recognized certifying entities were in existence.                                                                               
                                                                                                                                
Senator Wilson deferred  the question to one  of the doctors                                                                    
available   online.   He   acknowledged  that   there   were                                                                    
approximately 150 specialists in the state.                                                                                     
                                                                                                                                
Mr.  Nielson  answered that  there  was  currently only  one                                                                    
entity  responsible for  certifying specialty  certification                                                                    
boards  and specialty  recognition, the  National Commission                                                                    
on Recognition of Dental  Specialties and Certifying Boards.                                                                    
He delineated that the commission  had six specific criteria                                                                    
for specialty  recognition and  15 criteria  for recognizing                                                                    
specialty  certifying boards.  He  furthered that  currently                                                                    
there were 12  specialty areas and 11  certifying boards. He                                                                    
noted  that  there was  one  other  commission and  it  only                                                                    
recognized  2  or  3  specialties  and  was  not  nationally                                                                    
utilized.                                                                                                                       
                                                                                                                                
4:10:43 PM                                                                                                                    
Representative  Carpenter  wondered   whether  the  national                                                                    
commission   recognized  all   the  dental   specialties  in                                                                    
existence.  Mr.   Nielson  responded  that   the  commission                                                                    
currently recognized  all the  dental specialties.  He noted                                                                    
that  there  were  a  couple  of  groups  trying  to  become                                                                    
specialties.  The commission  adopted some  of its  criteria                                                                    
from  the  American Dental  Association  (ADA)  but were  an                                                                    
independent commission.  He listed some of  the specialties:                                                                    
orthodontics,  endodontics, pediatrics,  oral surgery,  oral                                                                    
medicine, oral  facial pain,  and dental  anesthesiology. He                                                                    
qualified that all dentists could  provide the same services                                                                    
in the categories.  However, recognizing specialties enabled                                                                    
the  public  to determine  who  had  specialty training.  He                                                                    
emphasized that the certification was arduous.                                                                                  
                                                                                                                                
Representative  Carpenter asked  how  many specialties  were                                                                    
currently  in the  state. Senator  Wilson  replied that  the                                                                    
Senate  Labor and  Commerce  Committee  estimated that  that                                                                    
there  were  150  practitioners that  advertised  as  dental                                                                    
specialist in  the state. Representative Carpenter  asked if                                                                    
any of the individuals advertising  as a specialist were not                                                                    
covered under the 12 recognized specialties.                                                                                    
                                                                                                                                
4:13:17 PM                                                                                                                    
                                                                                                                                
Mr. Nielson did not have an  exact number of people that may                                                                    
be advertising  under the  word  specialist   in an  area of                                                                    
dentistry  that  was  not  a  recognized  specialty  by  the                                                                    
commission. He guessed that the  only one would be something                                                                    
like an  implant specialist, but  at present that was  not a                                                                    
category. He stated that it  would take significant research                                                                    
to find the answer. He  reiterated that the boards  goal was                                                                    
to quell  any confusion caused  by a dentist  advertising as                                                                    
though they were a specialist.                                                                                                  
                                                                                                                                
Co-Chair  Merrick asked  whether Dr.  Logan wanted  to offer                                                                    
any observations.                                                                                                               
                                                                                                                                
Dr.  Logan echoed  Mr.  Nielson's  comments. He  highlighted                                                                    
that  the  goal   was  to  halt  the   practice  of  falsely                                                                    
advertising  as a  specialist  when they  did  not have  the                                                                    
qualifications or educational  background. He estimated that                                                                    
the number of dentists   inventing  a specialty category was                                                                    
more than  one but  less than  20 and  the exact  number was                                                                    
difficult to  determine. He concluded that  the bill covered                                                                    
someone  who   falsely  advertised   as  a   specialist  and                                                                    
prevented  someone from  claiming a  specialty that  did not                                                                    
exist. The  dentist could advertise  that they  provided the                                                                    
service but could not name themself as a specialist.                                                                            
                                                                                                                                
Representative Carpenter  referenced the  sectional analysis                                                                    
and asked if the department  was on board with receiving the                                                                    
responsibility.                                                                                                                 
                                                                                                                                
Senator Wilson  stated that the  question had been  asked in                                                                    
the Senate  Finance Committee and the  department had stated                                                                    
it was fine  with the responsibility as long  as it received                                                                    
funding for an extra position.                                                                                                  
                                                                                                                                
CSSB 173(FIN)  was HEARD and  HELD in committee  for further                                                                    
consideration.                                                                                                                  
                                                                                                                                
4:17:11 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
4:18:38 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
SB 131 AKPFFA Letter of Support Miranda.pdf HFIN 5/5/2022 1:30:00 PM
SB 131
SB 131 CVFRD Letter Benningfield.pdf HFIN 5/5/2022 1:30:00 PM
SB 131
SB 131 Firefighter Final rdh.pdf HFIN 5/5/2022 1:30:00 PM
SB 131
SB 131 Sectional Analysis.pdf HFIN 5/5/2022 1:30:00 PM
SB 131
SB 131 Sponsor Statement.pdf HFIN 5/5/2022 1:30:00 PM
SB 131
SB 131 Summary of Changes.pdf HFIN 5/5/2022 1:30:00 PM
SB 131
SB 45 - Replacement Amendment #4 Rasmussen D.16 050522.pdf HFIN 5/5/2022 1:30:00 PM
SB 45
SB 131 PUBLIC TESTIMONY Rec'd by 050622.pdf HFIN 5/5/2022 1:30:00 PM
SB 131
SB 173 Sponsor Statement v. I 1.28.2022.pdf HFIN 5/5/2022 1:30:00 PM
SB 173
SB 173 Sectional Analysis v. W 4.25.2022.pdf HFIN 5/5/2022 1:30:00 PM
SB 173
SB 173 Testimony as of 1.31.22.pdf HFIN 5/5/2022 1:30:00 PM
SB 173