Legislature(2021 - 2022)SENATE FINANCE 532

04/22/2022 01:00 PM Senate FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 99 PHYSICAL/OCCUPATIONAL THERAPY BD/PRACTICE TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
-- Public Testimony <Time Limit May Be Set> --
+ HB 111 DENTAL HYGIENIST ADVANCED PRAC PERMIT TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
-- Public Testimony <Time Limit May Be Set> --
+ HB 168 ELECTRONIC APPLICATION FOR STATE BENEFITS TELECONFERENCED
Heard & Held
-- Testimony <Time Limit May Be Set> --
-- Public Testimony <Time Limit May Be Set> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
CS FOR HOUSE BILL NO. 111(FIN)                                                                                                
                                                                                                                                
     "An  Act relating  to the  practice of  dental hygiene;                                                                    
     relating  to  advanced   practice  permits  for  dental                                                                    
     hygienists; relating to  dental assistants; prohibiting                                                                    
     unfair  discrimination  under  group  health  insurance                                                                    
     against  a  dental  hygienist  who  holds  an  advanced                                                                    
     practice  permit; relating  to  medical assistance  for                                                                    
     dental   hygiene  services;   and   providing  for   an                                                                    
     effective date."                                                                                                           
                                                                                                                                
1:19:01 PM                                                                                                                    
                                                                                                                                
CHELSEA WARD-WALLER, STAFF, REPRESENTATIVE IVY SPOHNHOLZ,                                                                       
introduced herself. She believed Representative Spohnholz                                                                       
was available online to introduce the legislation.                                                                              
                                                                                                                                
REPRESENTATIVE IVY SPOHNHOLZ, SPONSOR, ANCHORAGE (via                                                                           
teleconference), introduced the legislation with prepared                                                                       
remarks:                                                                                                                        
                                                                                                                                
     House  Bill 111  creates an  advanced practice  permit,                                                                    
     which  would  allow  experienced  and  licensed  dental                                                                    
     hygienists to  provide preventative oral  healthcare to                                                                    
     underserved populations  at senior  centers, healthcare                                                                    
     facilities, daycares, and schools  for Alaskans who are                                                                    
     eligible for  public assistance, are homebound,  or who                                                                    
     live  in a  rural underserved  community. We  know that                                                                    
     oral  health  plays  a  really  critical  role  in  the                                                                    
     overall  health and  well-being  of  Alaskans and  poor                                                                    
     oral health  contributes to poor  health. In  fact, bad                                                                    
     oral  health  is   linked  to  cardiovascular  disease,                                                                    
     Alzheimer's,  osteoporosis, as  well as  poor nutrition                                                                    
     and other serious health issues  and this is more acute                                                                    
     for   low  income   individuals  and   those  who   are                                                                    
     physically immobile.                                                                                                       
                                                                                                                                
     Currently, dental hygienists can  practice in a dentist                                                                    
     office or they can  practice semi-independently if they                                                                    
     have a  collaborative agreement  with a  dentist, which                                                                    
     is similar  to what physician's assistants  do already.                                                                    
     An  advance practice  permit that's  proposed by  House                                                                    
     Bill  111 would  allow  dental hygienists  to care  for                                                                    
     these  underserved   populations  at   senior  centers,                                                                    
     healthcare  facilities,  daycare,  schools,  and  those                                                                    
     that   are   eligible   for  public   assistance,   are                                                                    
     homebound, or  live in underserved communities  if they                                                                    
     have a  minimum of  4,000 hours of  clinical experience                                                                    
     and  are approved  by the  board  of dental  examiners,                                                                    
     which  includes both  dentists  and dental  hygienists.                                                                    
     The bill  lays out specific services  allowed under the                                                                    
     permit and specific populations  that a licensed dental                                                                    
     hygienist  can provide  those services  to without  the                                                                    
     supervision  and   physical  presence  of   a  licensed                                                                    
     dentist. Unlike some licensing bills  in the past where                                                                    
     there was  competing license  types that  had different                                                                    
     perspectives,   this  bill   has   been  developed   in                                                                    
     consultation with the Alaska  Dental Society, the Board                                                                    
     of Dental  Examiners, and the Alaska  Dental Hygienists                                                                    
     Association. The  advanced practice permit  holder will                                                                    
     have   to  maintain   malpractice  insurance,   provide                                                                    
     written notice  of their service limitations,  and make                                                                    
     a referral  to a licensed dentist  if further treatment                                                                    
     is necessary.                                                                                                              
                                                                                                                                
     This  bill  would  allow   dental  hygienists  who  are                                                                    
     experienced  to practice  to the  full  scope of  their                                                                    
     training   credentials  and   professional  experience.                                                                    
     Importantly, Alaska  won't be  the first state  to make                                                                    
     these changes.  Dental hygienists are able  to practice                                                                    
     under advance  practice permits  or similar  permits in                                                                    
     six  other states  and 40  other states  are considered                                                                    
     direct  access  states  for  dental  hygienists,  which                                                                    
     means  that dental  hygienists  can initiate  treatment                                                                    
     based on their assessment  of a patient's needs without                                                                    
     the authorization or presence of a dentist.                                                                                
                                                                                                                                
     Finally,  I  will  note that  we  have  made  important                                                                    
     changes  to  this bill  at  the  recommendation of  the                                                                    
     Board  of  Dental  Examiners   and  the  Alaska  Dental                                                                    
     Society including requiring  permit holders to maintain                                                                    
     patient records  for at least seven  years, making sure                                                                    
     that  the Board  of Dental  Examiners has  a separately                                                                    
     certified  hygienist  to administer  local  anesthesia,                                                                    
     and  then  empowering  the  Department  of  Health  and                                                                    
     Social Services  (DHSS) to make regulations  related to                                                                    
     this bill. We  may need to update the  DHSS language to                                                                    
     confirm  with the  recent split  of  the Department  of                                                                    
     Health and Social Services.                                                                                                
                                                                                                                                
Representative Spohnholz listed individuals available to                                                                        
speak to the bill.                                                                                                              
                                                                                                                                
1:23:31 PM                                                                                                                    
                                                                                                                                
Senator Olson asked if the bill allowed prescriptive                                                                            
authority to the advanced dental hygienists.                                                                                    
                                                                                                                                
Representative  Spohnholz  replied  there  was  very  narrow                                                                    
prescriptive authority regarding  topical, preventative, and                                                                    
prophylactic  agents  that  dental hygienists  were  already                                                                    
allowed  to provide.  She deferred  the  question to  Royann                                                                    
Royer  [with  the  Alaska Dental  Hygiene  Association]  for                                                                    
further detail.                                                                                                                 
                                                                                                                                
Senator  Olson asked  if advanced  dental hygienists  had to                                                                    
participate  in  the  Prescription Drug  Monitoring  Program                                                                    
(PDMP) that  other prescriptive practitioners  were required                                                                    
to abide by.                                                                                                                    
                                                                                                                                
Representative Sponholz answered  that dental hygienists did                                                                    
not prescribe  controlled substances and therefore,  did not                                                                    
have  DEA  [Drug Enforcement  Administration]  certification                                                                    
and did not have to participate in the PDMP.                                                                                    
                                                                                                                                
Senator Olson  asked if the  permit enabled  advanced dental                                                                    
hygienists to perform advanced dental procedures.                                                                               
                                                                                                                                
Representative  Sponholz responded  that  the  bill did  not                                                                    
allow  dental hygienists  to practice  beyond  the scope  of                                                                    
their current practice  in any way. The  bill simply enabled                                                                    
dental hygienists  to do  what they  had already  been doing                                                                    
safely for a  very long time and without  the supervision of                                                                    
a dentist if they had  4,000 hours of experience in addition                                                                    
to a previous dental hygienist  license and were approved by                                                                    
the Board of Dental Examiners.                                                                                                  
                                                                                                                                
1:25:27 PM                                                                                                                    
                                                                                                                                
Ms. Ward-Waller  discussed the  Sectional Analysis  (copy on                                                                    
file):                                                                                                                          
                                                                                                                                
     Section 1                                                                                                                  
     Ability of practice of dental hygienists.                                                                                  
                                                                                                                                
     (e) Amends AS 08.32.110. to allow a licensed dental                                                                        
     hygienist who holds an advanced practice permit issued                                                                     
     by the board to perform duties allowed by the permit.                                                                      
                                                                                                                                
     Section 2                                                                                                                  
     Advanced practice permits.                                                                                                 
     Adds a new section under AS 08.32.125 creating the                                                                         
     advanced practice permit and providing requirements as                                                                     
     follows:                                                                                                                   
                                                                                                                                
     (a) The Board of Dental Examiners may issue an                                                                             
     advanced practice permit to a licensed dental                                                                              
     hygienist  with a  minimum  4,000  documented hours  of                                                                    
     clinical experience. This  subsection lists what duties                                                                    
     fall  under  advanced  practice permits:  general  oral                                                                    
     health   &   cleaning,   providing   treatment   plans,                                                                    
     screenings,  taking radiographs,  and/or delegating  to                                                                    
     dental assistants.                                                                                                         
                                                                                                                                
     (b)  A licensed  dental hygienist  holding an  advanced                                                                    
     practice permit  may provide services to  a patient who                                                                    
     is  not able  to  receive dental  treatment because  of                                                                    
     age,  infirmity, or  disability. The  patient may  be a                                                                    
     resident  of   a  senior  center,   residential  health                                                                    
     facility,  or held  in a  local correctional  facility.                                                                    
     The patient  may also be  enrolled in  certain schools,                                                                    
     receiving benefits under  the Special Supplemental Food                                                                    
     Program (WIC), homebound, or a  resident of a community                                                                    
    that has a shortage of dental health professionals.                                                                         
                                                                                                                                
     (c)  A licensed  dental hygienist  holding an  advanced                                                                    
     practice permit  can provide appropriate services  to a                                                                    
     patient  without   the  presence,   authorization,  and                                                                    
     supervision  of  a  licensed  dentist  and  without  an                                                                    
     examination from a licensed dentist.                                                                                       
                                                                                                                                
     (d)  A  licensed  dental  hygienist  with  an  advanced                                                                    
     practice  permit must  maintain professional  liability                                                                    
     insurance. They must also give  the patient, parent, or                                                                    
     legal  guardian  written   notice  that  the  treatment                                                                    
     provided  will  be  limited to  those  allowed  by  the                                                                    
     permit, a  written recommendation  that the  patient be                                                                    
     examined by  a licensed dentist for  comprehensive oral                                                                    
     care,  and  assistance in  receiving  a  referral to  a                                                                    
     licensed dentist for further oral treatment.                                                                               
                                                                                                                                
     (e)  An advanced  practice permit  is  valid until  the                                                                    
     license  of the  dental hygienist  expires. A  licensed                                                                    
     dental  hygienist  can  renew their  advanced  practice                                                                    
     permit at the same time they renew their license.                                                                          
                                                                                                                                
1:29:31 PM                                                                                                                    
                                                                                                                                
ROYANN ROYER,  ALASKA DENTAL HYGIENE  ASSOCIATION, ANCHORAGE                                                                    
(via teleconference),  spoke in support of  the legislation.                                                                    
She shared information about her  work in dentistry for many                                                                    
years  in Alaska.  She shared  that approximately  six years                                                                    
back  she had  seen a  significant need  that was  not being                                                                    
addressed   in  Alaska.   She   had   started  a   nonprofit                                                                    
organization  that   served  residents  in   long-term  care                                                                    
facilities. She spoke to the  importance of the legislation.                                                                    
She  currently  practiced  under  a  collaborative  practice                                                                    
agreement,  which  allowed   dental  hygienists  to  provide                                                                    
treatment under  the general supervision  of a  dentist. She                                                                    
was able  to see  a patient  prior to  the dentist.  She was                                                                    
lucky to  have several dentists  to collaborate with  on the                                                                    
project and would continue as  long as possible. However, if                                                                    
the bill  went through, it  would provide another  option to                                                                    
continue the program if needed.  For example, if she did not                                                                    
have a dentist  to work with, she would be  able to continue                                                                    
seeing  the  long-term  residents and  provide  assessments,                                                                    
radiographs,   preventative   services,  and   oral   health                                                                    
education. The patients  could then see a  dentist either in                                                                    
or outside the facility as needed.                                                                                              
                                                                                                                                
Ms. Royer  relayed that  many hygienists  wanted to  work in                                                                    
underserved areas,  but they  could not  find a  dentist who                                                                    
would  work in  a collaborative  agreement. The  legislation                                                                    
had been  brought forward  by a  hygienist in  Fairbanks who                                                                    
wanted to  find a way  to provide services. She  shared that                                                                    
assessment and treatment done  routinely were less expensive                                                                    
than  waiting  for  a  person   to  notice  problems,  which                                                                    
necessitated  more extensive  and expensive  procedures. She                                                                    
highlighted  that preventative  treatment helped  to prevent                                                                    
systemic    conditions   such    as   pneumonia,    diabetes                                                                    
complications,  and heart  disease. She  stated that  Alaska                                                                    
needed  more   providers  in   underserved  areas   and  the                                                                    
registered  dental  hygienist  advanced  practitioner  would                                                                    
help decrease the disparity.                                                                                                    
                                                                                                                                
1:32:54 PM                                                                                                                    
                                                                                                                                
DAVID  NIELSON, CHAIR,  ALASKA  BOARD  OF DENTAL  EXAMINERS,                                                                    
ANCHORAGE  (via  teleconference),   shared  that  discussion                                                                    
about  the  advanced  dental  hygiene  permit  had  come  up                                                                    
several times over the past  couple of years and the support                                                                    
had always  been good. He  shared that the bill  sponsor had                                                                    
been receptive  to board comments  and had made a  couple of                                                                    
changes  to the  original bill.  He relayed  that the  board                                                                    
supported the bill in its  current form. He highlighted that                                                                    
Section  4  specified  that the  dental  board  would  draft                                                                    
regulations to clarify what additional  tasks, if any, would                                                                    
be  delegated  dental  assistants by  the  advanced  hygiene                                                                    
permit holder and under what level of supervision.                                                                              
                                                                                                                                
Co-Chair Bishop  looked at  Section 2  (a) and  wondered how                                                                    
the  4,000 hours  was documented.  He asked  if students  or                                                                    
individuals had a logbook.                                                                                                      
                                                                                                                                
Mr. Nielson  replied that there  was typically  an affidavit                                                                    
where someone attested  to the fact that a  person had 4,000                                                                    
hours  of practice.  He stated  that  it would  likely be  a                                                                    
person's employer.                                                                                                              
                                                                                                                                
1:35:24 PM                                                                                                                    
                                                                                                                                
JOHN   ZASADA,   POLICY   DIRECTOR,  ALASKA   PRIMARY   CARE                                                                    
ASSOCIATION,  ANCHORAGE   (via  teleconference),   spoke  in                                                                    
support   of  the   legislation.   He   detailed  that   the                                                                    
association  supported  the  operations and  development  of                                                                    
Alaska's  29  non-tribal   and  tribal  federally  qualified                                                                    
health centers.  He provided  detail about  the association.                                                                    
He stressed that dental services  and oral health were vital                                                                    
components of  the whole person  care that  community health                                                                    
centers  provided patients.  He  detailed  that many  health                                                                    
centers offered  on-site dental  services provided  by staff                                                                    
or  contracts   with  other  dental   health  professionals.                                                                    
Smaller  sites  relied on  sending  patients  to larger  hub                                                                    
facilities or  neighboring urban  health centers  for dental                                                                    
care.  One  frequently  cited reason  for  the  shortage  of                                                                    
dental services  was the lack  of providers. He  stated that                                                                    
persistent  provider   shortages  at   all  levels   in  the                                                                    
community  healthcare dental  system  resulted in  providers                                                                    
not  working  at their  highest  level  of licensure,  which                                                                    
created  inefficiencies,  decreased  provider  satisfaction,                                                                    
and barriers to patient care.  The bill would add a valuable                                                                    
layer of  staffing between dentists and  other hygienists to                                                                    
provide   comprehensive  services.   He  spoke   to  further                                                                    
attributes of the program. The  new provider type would lead                                                                    
to an  adjustment of the  overall health  spend, potentially                                                                    
lessening  the reliance  on higher  cost  dentists to  lower                                                                    
cost hygiene. He urged the passage of the bill.                                                                                 
                                                                                                                                
1:37:44 PM                                                                                                                    
                                                                                                                                
Co-Chair Bishop OPENED and CLOSED public testimony.                                                                             
                                                                                                                                
1:38:03 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:38:43 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
CSHB 111(FIN)  was HEARD and  HELD in committee  for further                                                                    
consideration.                                                                                                                  
                                                                                                                                

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