Legislature(1997 - 1998)
02/18/1998 03:22 PM House L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 387 - DENTISTS ABILITY TO DO CPR Number 0084 CHAIRMAN ROKEBERG stated the committee's first item of business was HB 387, "An Act relating to dentists." He invited the bill's sponsor to come forward. Number 0091 REPRESENTATIVE THERRIAULT stated HB 387 is intended to give the Board of Dental Examiners the ability to enter into formal Memorandums of Agreements (MOAs) with applicants or licensees who are unable to perform cardiopulmonary resuscitation (CPR) as required in statute. Representative Therriault said currently the board enters into MOAs when it is determined that an applicant or licensee is physically unable to perform CPR. However, during a legislative audit conducted last year, it was discovered that the board possesses no statutory authority to enter into such agreements. He stated this bill gives that authority to the Board of Dental Examiners while preserving the spirit and intent of the statute: to protect the patients of dentistry. Number 0156 REPRESENTATIVE THERRIAULT referred to a copy of the letter from the Division of Legislative Audit in the committee members' bill packets. He noted the audit primarily looked to see that an MOA had been extended properly, but in determining that it had been extended properly as far as the board's actions, the auditors also made this following finding: "Our review of this particular case has raised concerns about whether the board can exercise such discretionary authority. From our reading of the statute it appears the board has, through the use of the MOA, permitted the dentist to continue to practice under terms that are inconsistent with the requirements of statute. We have made inquiries of the Department of Law (DOL) and will be notifying OccLic (Division of Occupational Licensing) of our question regarding the board's authority and action in this area. We will keep your office apprised of any further developments." He noted the Division of Legislative Audit had kept his office informed, and he commented on letters in the bill package in support of the legislation from the DOL, Commissioner Sedwick of the Department of Commerce and Economic Development (DCED), and Dr. Kenneth Crooks, Chairperson of the Board of Dental Examiners. Representative Therriault noted that board was unable meet to take formal action so Dr. Crooks wrote a personal letter of support for the intent of HB 387. Number 0280 REPRESENTATIVE THERRIAULT stated there was a proposed committee substitute (CS) which limited MOAs to those people who can demonstrate to the board that they have some physical limitation which makes them unable to perform CPR. He noted the legislation's intention had not been to allow anyone who didn't want to get CPR certification to petition to the board and have someone else on their staff certified. Representative Therriault said he thought it probably is appropriate for a dentist who actually doing intrusive dental procedures to be CPR-certified, unless he or she can document a physical limitation. He stated he was available for questions, and also noted the presence of Catherine Reardon, Director of the Division of Occupational Licensing. Number 0353 CHAIRMAN ROKEBERG stated he would entertain a motion to adopt the proposed CS labeled 0-LS1474\B, Lauterbach, dated 2/18/98. Number 0357 REPRESENTATIVE JOHN COWDERY made a motion to adopt the proposed CS. Number 0362 CHAIRMAN ROKEBERG stated, hearing no objections, the proposed CS was adopted. Number 0368 REPRESENTATIVE TOM BRICE asked if there was a need to include dental hygienists, requesting some discussion regarding that. Number 0398 REPRESENTATIVE THERRIAULT stated that had been brought up in some of the letters of support, and would be something the committee might want to consider, noting he wanted to draft the legislation to take care of a particular problem. If the committee wanted to expand it, he would leave it up to the committee's discretion. Number 0423 REPRESENTATIVE JOE RYAN asked if the department could have done this by regulation. Number 0432 REPRESENTATIVE THERRIAULT answered in the negative, saying he believed that the auditor determined the existing law was fairly specific: dentists were supposed to be CPR-certified. Number 0444 CHAIRMAN ROKEBERG referred to page 3, line 1, which he quoted, "Another person who is certified in CPR shall be in the same room ..." He noted the use of the word "room" rather than "premises" or "office" and what that intention was. Number 0463 REPRESENTATIVE THERRIAULT explained he thought the MOAs currently entered into require the person, the dental assistant, to be in the room in case a person has a sudden heart attack. Representative Therriault indicated they wanted a CPR-certified person in the same room with the patient. He noted that certainly if the dentist was certified, he or she would be right there with the patient. Number 0492 CHAIRMAN ROKEBERG asked if there were any further questions. Number 0503 REPRESENTATIVE RYAN made a motion to move the proposed CS for HB 387, out of committee with individual recommendations and without a fiscal note. Number 0520 CHAIRMAN ROKEBERG, hearing no objections, stated CSHB 387(L&C) was so moved.
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