Legislature(2005 - 2006)CAPITOL 17

04/01/2005 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 211 DENTISTS; HYGIENISTS; BD OF DENTAL EXAM. TELECONFERENCED
Moved Out of Committee
+= HB 216 PROPERTY/CASUALTY INSURANCE REGULATION TELECONFERENCED
Moved CSHB 216(L&C) Out of Committee
*+ HB 227 ALASKA SMALL LOANS ACT TELECONFERENCED
Bill Postponed
Bills Previously Heard/Scheduled
= HB 180 WORKERS' COMPENSATION
Heard & Held
                                                                                                                                
HB 211-DENTISTS; HYGIENISTS; BD OF DENTAL EXAM.                                                                               
                                                                                                                                
CHAIR ANDERSON announced  that the first order  of business would                                                               
be HOUSE BILL NO. 211, "An  Act extending the termination date of                                                               
the  Board of  Dental  Examiners; and  relating  to dentists  and                                                               
dental hygienists."                                                                                                             
                                                                                                                                
HEATH HILYARD,  Staff of Representative Mike  Kelly, Alaska State                                                               
Legislature, stated that  this bill is basically  an extension of                                                               
the Board of Dental Examiners to  2011.  Mr. Hilyard related that                                                               
some of  the provisions in this  legislation are the result  of a                                                               
Legislative Audit Division  audit and others are the  result of a                                                               
2004  meeting in  which the  Division of  Occupational Licensing,                                                               
the Board  of Dental  Examiners, and  the Alaska  Dental Society.                                                               
He   emphasized  that   first  and   foremost,  the   legislation                                                               
implements   continuing   education   requirements   for   dental                                                               
hygienists,  modifies  the  inspection  period  for  radiological                                                               
equipment  used in  dentistry, and  clarifies the  qualifications                                                               
for licensure and specialty licensure  in the state.  Mr. Hilyard                                                               
informed  the committee  that at  this time  the sponsor  and the                                                               
Alaska Dental  Society have no  knowledge of anyone  opposing the                                                               
proposed changes.                                                                                                               
                                                                                                                                
3:44:36 PM                                                                                                                    
                                                                                                                                
JIM TOWLE,  Executive Director,  Alaska Dental  Society, informed                                                               
the  committee that  the Alaska  Dental  Hygiene Association  was                                                               
part of the meetings and negotiations referred to earlier.                                                                      
                                                                                                                                
3:45:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG requested  that Mr.  Towle describe  the                                                               
changes to statute encompassed in HB 211.                                                                                       
                                                                                                                                
3:45:34 PM                                                                                                                    
                                                                                                                                
MR. TOWLE stated  that his understanding that the  change from 14                                                               
weekly hours  to 700 hours  a year,  which equate to  roughly the                                                               
same amount  of time, makes  sure that clinicians are  not taking                                                               
long  breaks in  the  treatment of  patients.   Therefore,  their                                                               
clinical skills  remain up to  the same  level as they  were when                                                               
obtaining a license.  The  continuing education provision is what                                                               
is required  of dentists and  is applied to dental  hygienists in                                                               
HB 211.                                                                                                                         
                                                                                                                                
3:46:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GUTTENBERG  referring   to  page   2,  line   5,                                                               
[paragraph]  6,  asked if  the  Board  of Alaskan  Dentists,  the                                                               
American Dental  Association, Academy  of General  Dentistry, and                                                               
the   American  Dental   Hygienists   Association  have   uniform                                                               
standards or do they compete with one another.                                                                                  
                                                                                                                                
3:47:20 PM                                                                                                                    
                                                                                                                                
MR. TOWLE answered  that the American Dental  Association and the                                                               
Academy of  General Dentistry have  comparable standards.   Since                                                               
this legislation  is focused on  hygienists, deference  was given                                                               
to  the American  Hygiene Association  because  this is  changing                                                               
licensure  by credentials  in AS  08.32,  which governs  hygiene.                                                               
Therefore, hygienists would have the same standards as dentists.                                                                
                                                                                                                                
3:48:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GUTTENBERG   asked    if   there   are   similar                                                               
organizations  to  those  already   listed  that  have  different                                                               
standards.                                                                                                                      
                                                                                                                                
3:48:56 PM                                                                                                                    
                                                                                                                                
MR. TOWLE answered, "Not that are national in scope."                                                                           
                                                                                                                                
3:49:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG  asked, referring to page  [4], line 5,                                                               
and  subparagraph (H),  whether a  person can  be convicted  of a                                                               
crime  that's a  serious  felony  that could  be  outside of  the                                                               
aforementioned definition.                                                                                                      
                                                                                                                                
3:50:20 PM                                                                                                                    
                                                                                                                                
MR. TOWLE  indicated that the  thinking and rationale was  if one                                                               
is  convicted of  a traffic  offense, for  example, it  shouldn't                                                               
preclude one from the practice of dentistry.                                                                                    
                                                                                                                                
3:51:07 PM                                                                                                                    
CHAIR ANDERSON  asked if  a driving  under the  influence offense                                                               
would  result  in  a  dentist's license  being  pulled  based  on                                                               
subparagraph (H).                                                                                                               
                                                                                                                                
3:51:18 PM                                                                                                                    
                                                                                                                                
MR.  TOWLE said  he couldn't  answer  that question.   He  didn't                                                               
believe that  currently the  license could be  revoked in  such a                                                               
situation.  However, he opined  that there might be some question                                                               
as  whether the  individual  has a  drinking  problem that  would                                                               
impair his or her ability to practice dentistry.                                                                                
                                                                                                                                
3:51:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAWFORD  asked posed a scenario  in which someone                                                               
had  been  convicted  of  fraud  in  billing  practices  and  had                                                               
unlawfully billed  Medicaid, and asked  if that would  impact the                                                               
ability to practice dentistry.                                                                                                  
                                                                                                                                
3:52:21 PM                                                                                                                    
                                                                                                                                
MR. TOWLE  answered that it wouldn't  compromise the individual's                                                               
clinical practices.   Being convicted  of Medicaid fraud  and the                                                               
state took  action, the  Dental Society  [doesn't hold  the view]                                                               
that an  individual in such  a situation  should lose his  or her                                                               
ability  to be  a  dentist.   He  suggested  that perhaps  that's                                                               
something the Division of Occupational Licensing should address.                                                                
                                                                                                                                
3:53:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG interjected  that the  aforementioned is                                                               
covered in subparagraph (F).                                                                                                    
                                                                                                                                
3:53:57 PM                                                                                                                    
                                                                                                                                
PAT  DAVIDSON, Legislator  Auditor,  Legislative Audit  Division,                                                               
Alaska State Legislature,  answered that she had  not studied the                                                               
issue presently  being discussed.   However, as  a result  of the                                                               
audit, the  division recommends a  six-year extension due  to the                                                               
fact  that the  division  found  the board  is  operating in  the                                                               
public's  interest.    The audit  makes  no  recommendations  for                                                               
improvements.   Additionally, since an abnormally  high amount of                                                               
boards and commissions are facing  sunset this year, the division                                                               
is recommending longer extensions to  smooth this out in order to                                                               
avoid consideration of so many boards in a given year.                                                                          
                                                                                                                                
3:55:12 PM                                                                                                                    
REPRESENTATIVE  GUTTENBERG, referring  to  page 2,  asked if  the                                                               
decision to  change the dental radiological  equipment inspection                                                               
rate from five to six years was a recommendation of the audit.                                                                  
                                                                                                                                
3:55:27 PM                                                                                                                    
                                                                                                                                
MS. DAVIDSON answered  that only the extension date  was a result                                                               
of the audit.                                                                                                                   
                                                                                                                                
3:56:10 PM                                                                                                                    
                                                                                                                                
MR. HILYARD  stated that  his understanding  that the  change was                                                               
[the result] of  the meeting [of the Alaska  Dental Society], and                                                               
was a function of convenience for the period of inspection.                                                                     
                                                                                                                                
3:56:41 PM                                                                                                                    
                                                                                                                                
MR.  TOWLE  explained  that the  existing  inspection  system  is                                                               
working.    When  this [language]  was  originally  created,  the                                                               
intent was to  mandate an inspection once every five  years.  The                                                               
key  change  [desired  by  the  Alaska  Dental  Society]  is  the                                                               
changing  of the  ["fourth" to  "fifth"]  so that  the office  is                                                               
inspected  within   five  calendar   years  after  the   year  of                                                               
inspection.                                                                                                                     
                                                                                                                                
3:59:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG said that this cleared things up.                                                                     
                                                                                                                                
3:59:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG moved  to report HB 211  out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection, it was so ordered.                                                                            
                                                                                                                                

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