Legislature(2011 - 2012)BARNES 124
01/27/2012 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB92 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 92 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
January 27, 2012
3:19 p.m.
MEMBERS PRESENT
Representative Kurt Olson, Chair
Representative Dan Saddler
Representative Steve Thompson
Representative Lindsey Holmes
Representative Bob Miller
MEMBERS ABSENT
Representative Craig Johnson, Vice Chair
Representative Mike Chenault
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 92(FIN)
"An Act relating to dental hygienists, dentists, dental
assistants, dental hygiene, and dentistry."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 92
SHORT TITLE: DENTISTS/DENTAL HYGIENISTS/ASSISTANTS
SPONSOR(s): SENATOR(s) EGAN
02/21/11 (S) READ THE FIRST TIME - REFERRALS
02/21/11 (S) L&C, FIN
02/24/11 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/24/11 (S) Heard & Held
02/24/11 (S) MINUTE(L&C)
03/01/11 (S) L&C AT 2:00 PM BELTZ 105 (TSBldg)
03/01/11 (S) Moved CSSB 92(L&C) Out of Committee
03/01/11 (S) MINUTE(L&C)
03/07/11 (S) L&C RPT CS 3DP SAME TITLE
03/07/11 (S) DP: EGAN, DAVIS, PASKVAN
03/30/11 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/30/11 (S) Heard & Held
03/30/11 (S) MINUTE(FIN)
04/04/11 (S) FIN RPT CS 6DP 1NR SAME TITLE
04/04/11 (S) DP: HOFFMAN, STEDMAN, THOMAS, EGAN,
MCGUIRE, ELLIS
04/04/11 (S) NR: OLSON
04/04/11 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/04/11 (S) Moved CSSB 92(FIN) Out of Committee
04/04/11 (S) MINUTE(FIN)
04/07/11 (S) TRANSMITTED TO (H)
04/07/11 (S) VERSION: CSSB 92(FIN)
04/08/11 (H) READ THE FIRST TIME - REFERRALS
04/08/11 (H) L&C, FIN
01/27/12 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
DANA OWEN, Staff
Senate Labor & Commerce Standing Committee, Senator Egan, Chair
Juneau, Alaska
POSITION STATEMENT: Presented SB 92 on behalf of the Senate
Labor and Commerce Standing Committee, chaired by Senator Egan.
DAVID LOGAN, Dentist
Legislative Chair, Alaska Dental Society
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions during the
discussion of SB 92.
DON HABEGER, Director
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community & Economic Development (DCCED)
Juneau, Alaska
POSITION STATEMENT: Provided information and answered questions
during the discussion of SB 92.
GALE WALDON, Dental Hygienist; Chair
Alaska State Dental Hygienists Association (ASDHA)
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 92.
ACTION NARRATIVE
3:19:25 PM
CHAIR KURT OLSON called the House Labor and Commerce Standing
Committee meeting to order at 3:19 p.m. Representatives
Saddler, Thompson, Holmes, Miller, and Olson were present at the
call to order.
SB 92-DENTISTS/DENTAL HYGIENISTS/ASSISTANTS
3:19:59 PM
CHAIR OLSON announced that the only order of business would be
SENATE BILL NO. 92, "An Act relating to dental hygienists,
dentists, dental assistants, dental hygiene, and dentistry."
3:20:44 PM
DANA OWEN, Staff, Senate Labor & Commerce Standing Committee,
stated that Dr. Logan brought this matter to Senator Egan's
attention. He related it has been 20 years since the Dental
Practices Act has had a comprehensive review and the statutes
needed updating. He noted several policy issues are in the
bill, but characterized SB 92 largely as a housekeeping measure.
He thanked Konrad Jackson, staff to the House Labor and Commerce
Committee, for his effort on this bill.
3:22:05 PM
MR. OWEN highlighted significant aspects of the bill. Many of
the references in statute were archaic, such as a reference to
the Alaska Native Service, which is now the United States Indian
Health Service. He noted other archaic references such as a
reference to a certificate of registry. Even though
certificates are no longer issued the registers of those engaged
in the dental professions are still maintained. He stated that
some people have expressed interest in giving the Board of
Dental Examiners greater flexibility over licensing dentists by
credentials, who are the dentists already licensed in another
jurisdiction. He suggested this would provide a more
streamlined process for experienced dentists who wish to apply
for licensing in Alaska, rather than requiring them to submit
the same documentation a new dentist must submit. Instead,
prospective licensees would use their credentials from another
jurisdiction to gain a license in Alaska. This bill would also
require that the president of the Board of Dental Examiners
(BDE) be a licensed dentist or licensed hygienist since the
board desires to have the board oversight performed by one of
the dental professionals.
3:24:00 PM
MR. OWEN pointed out that current statutes require licensees be
notified by mail that the license is about to expire, but due to
changes in technology, an electronic means of notification
should be sufficient notice. This process would provide more
flexibility and a more efficient process. Under this bill, the
board would also gain an investigator position. The
investigator would perform on-site visits and investigate other
matters under the board's purview. He referred to the fiscal
note, which he said was previously discussed and approved by the
Senate Finance Committee.
3:25:04 PM
REPRESENTATIVE HOLMES related her understanding that the fiscal
impact for the new position will be paid through licensees'
dues.
CHAIR OLSON agreed it was a process similar to the one taken for
the Board of Public Accountancy (BPA) that passed through the
committee last year.
MR. OWEN agreed that the investigator position is a fees-based
position.
3:25:34 PM
REPRESENTATIVE SADDLER asked whether the position would be paid
from dues or licensure fees.
MR. OWEN related his understanding the investigator position
would come from a fee. He continued his bill analysis. The
bill would maintain an exemption for licensure for dentists and
hygienists who work for clinics that operate under the federal
Indian Health Program, even while serving people who are not
Alaska Natives. The exemption comes from a federal
authorization and this bill simply mirrors federal law. He said
one provision would tailor requirements for supervision of
dental assistants to accommodate students and instructors in
credentialed academic programs. The matter of whether students
could practice as dental assistants came up at the University of
Alaska Anchorage (UAA). This provision clarifies that students
who are in an accredited program can practice as dental
assistants.
3:26:53 PM
MR. OWEN continued. This bill would also expand the definition
of dental office owners and operators, who must be licensed
practitioners except for certain nonprofits, local governments,
and institutions of higher learning. It adds a provision to
address the situation when a person becomes a sole owner of a
dental practice through the death of a previous owner. In that
instance, if the heir wishes to sell the practice, he/she would
have up to 24 months to do so - extendable by the board. Thus,
the surviving spouse, who may not be a licensed practitioner,
could own the business and wind up the dental practice affairs.
MR. OWEN brought attention to two amendments in members'
packets, previously submitted to the committee. He stated that
these amendments will enhance some portions of the bill.
3:27:40 PM
CHAIR OLSON clarified for the record the amendments Mr. Owen is
referring to are the ones in members' packets labeled [27-
LS0403\E.1, Bullard, 4/8/11, and 27-LS0403\E.2, Martin,
1/19/12].
MR. OWEN continued. He explained the Dental Assisting National
Board (DANB) advised the sponsor that the title "certified
dental assistant" is a trademark name. He explained that the
first amendment, E.1, would change a number of references of
certified dental assistant to registered dental assistants,
which is apparently okay with the DANB. He mentioned that he
has received several phone calls from this organization at each
step of the process so the organization is persistent.
3:29:37 PM
REPRESENTATIVE HOLMES moved to adopt Amendment 1, E.1, labeled
27-LS0403\E.1, Bullard, 4/8/11, which read, as follows:
Page 10, line 25, following "credentialing":
Insert ", registration,"
Page 10, line 28:
Delete "certified"
Insert "registered"
Page 11, line 2, following "certificates,":
Insert "registration documents,"
Page 11, line 7, following "license":
Insert ", registration,"
Page 13, line 20:
Delete "certified"
Insert "registered"
Page 13, line 21, following "certificates,"
Insert "registrations,"
Page 13, line 22:
Delete "certified"
Insert "registered"
Page 17, line 14, following "permit":
Insert ", registration,"
Page 18, line 17:
Delete "certificate"
Insert "registration"
Page 18, line 19:
Delete "certificate"
Insert "registration document"
Page 18, line 27:
Delete "certified"
Insert "registered"
Page 21, lines 13 - 17:
Delete all material and insert:
"(7) "licensed dental hygienist" means a
dental hygienist licensed under AS 08.32;
(8) "licensed dentist" means a dentist
licensed under this chapter;
(9) "registered dental assistant" means a
dental assistant registered under this chapter."
CHAIR OLSON objected for purpose of discussion.
There being no further objection, Amendment E 1 was adopted.
[The committee treated Chair Olson's objection as having been
removed.]
3:30:14 PM
REPRESENTATIVE HOLMES moved to adopt Amendment 2, labeled 27-
LS0403\E.2, Martin, 1/19/12, which read as follows:
Page 2, line 23:
Delete "Examiners"
Insert "Boards"
Page 15, line 7:
Delete "shall"
Insert "may"
Page 19, line 27, following "dental services":
Insert "to rural or underserved populations"
CHAIR OLSON objected for the purpose of discussion.
MR. OWEN explained that Amendment 2 would correct the reference
to a name, which either changed or was listed in error in the
bill. He referred to page 2, line 23, which deletes "Examiners"
and inserts "Boards" to reflect the correct name for the
American Association of Dental Boards in SB 92.
3:30:55 PM
REPRESENTATIVE HOLMES pointed out Amendment 2 would also change
the language from "shall" to "may". She asked for clarification
on this change.
MR. OWEN explained the language change in Amendment 2. He said
that SB 92 would give the Board of Dental Examiners more
latitude and authority, so some of the repealers have removed
certain requirements from the activities the board oversees. He
stated this is the result of committee discussions held in the
Senate, which had concluded that the board was the most
appropriate place to deal with certain issues, such as good
practices by dentists. He pointed out one requirement in the
current statutes necessitates an applicant "shall" be
interviewed, but after holding discussions with dentists and
dental hygienists it made sense for the board to have the
latitude to make those types of decisions. He referred to page
19, lines 26-27 of SB 92, which read,"(1) a labor organization
or a nonprofit organization formed by or on behalf of a labor
organization for the purpose of providing dentals services." He
described this provision as an exclusionary clause. He related
that Amendment 2 would add the language "to rural or underserved
populations," which should help make more services available in
rural areas. He emphasized that who is allowed to practice
dentistry in remote locations, where dentists are not readily
available, often becomes a contentious issue. The sponsor would
like to clarify that the exclusion would only apply to rural or
underserved populations.
3:33:28 PM
There being no further objection, Amendment 2 was adopted. [The
committee treated Chair Olson's objection as having been
removed.]
3:33:37 PM
MR. OWEN brought attention to members that a committee of
dentists and dental hygienists first brought an initial draft of
the bill to the sponsor. He offered that this bill isn't the
result of only one group in the dental profession. Instead,
several groups have had input into the bill, he stated.
CHAIR OLSON thanked dentists and hygienists for their work. He
advised members that his intention is not to move the bill today
to review the repealers in the bill to avoid any unintended
consequences.
3:35:27 PM
DAVID LOGAN, Dentist, Legislative Chair, Alaska Dental Society,
on behalf of the Alaska Dental Society, expressed thanks and
commended Mr. Owen for his testimony and work. He related that
the bill has gone through numerous changes. He indicated that a
group of dentists, hygienists, and board members worked on the
language with the sponsor. He described the goal of SB 92 as an
effort to make the practice of dentistry better in the state and
help protect the public. He concluded by offering that the
Alaska Dental Society supports SB 92.
3:36:56 PM
REPRESENTATIVE SADDLER referred to page 5, line 7, of the bill.
He asked for the distinction between a program accredited by the
Commission on Dental Accreditation and a course offered under
the auspices of this organization. He further asked whether
this would weaken the standards.
DR. LOGAN answered no. The explained that the language refers
to the technical definition within the bylaws of the Commission
on Dental Accreditation of the American Dental Association
(CODAA), which is the council that authorizes and certifies
courses and provides certification. The bill would simply adopt
the courses either in person or on-line. He clarified that the
course would need to be certified by CODAA before it would be
approved.
REPRESENTATIVE SADDLER related his understanding that certified
and accredited would be a term of art.
DR. LOGAN agreed.
3:38:30 PM
REPRESENTATIVE SADDLER referred to page 5, lines 29 through page
6, lines 1- 23, to the language that lists practices, some of
which have been removed. He read, "APPLY PIT AND FISSURE
SEALANTS; PERFORM ROOT PLANING AND PERIODONTAL SOFT TISSUE
CURETTAGE;" and said this section also adds some procedures. He
read, "remove marginal overhangs; use local periodontal
therapeutic agents...." He asked whether this language
represents a change to the scope of practice or just adds new
names for the same procedures.
DR. LOGAN answered that it was not a change in practices. He
referred to paragraph (4), "PERFORM ROOT PLANING AND PERIODONTAL
SOFT TISSUE CURETTAGE;" which is reflected as the technical
definition on page 6, line 10, in subparagraph 1(E), which
reads, "perform nonsurgical periodontal therapy;". He explained
that the other procedures listed, such as applying topical
preventative agents and pit and fissure sealants, as tasks
dental assistants currently are allowed to perform in this
state. He added that a dental hygienist automatically is
authorized to do anything an assistant can since the dental
assistant is non-licensed and non-certified in this state,
except in the two instances noted in the amendments just
adopted.
3:40:08 PM
REPRESENTATIVE SADDLER referred to the language that limits the
chair of the board to a dentist. He inquired as to whether
which a non-dentist board member has ever served in that
capacity.
DR. LOGAN answered no, not to his knowledge. He related that
the board chair or president - as the title is interchangeably
used - often works with the investigators and the role requires
the educational background to understand the technical nature of
dentistry to address any issues.
3:40:59 PM
REPRESENTATIVE SADDLER recalled earlier testimony that the board
lacked an investigator. He asked whether many problems exist
and if the board needs an investigator.
DR. LOGAN answered that the BDE has always employed an
investigator, but the position has been part time. The BDE
shares an investigator with other boards so it takes time for
cases to be adjudicated. He acknowledged that dentists have
been made aware additional fees will be assessed for licensure.
He indicated that when instances arise and dentists need
disciplinary action, such as suspension or revocation, the
action needs to happen in a timely fashion.
REPRESENTATIVE SADDLER referred again to the additional
licensing fees to cover the investigator. He asked whether the
membership was comfortable with the increased fees.
DR. LOGAN responded that suggesting an increase in fees never
receives unanimous support, but the frequent complaint is the
length of time that investigations take so the vast majority of
the professionals support the need for a full time investigator,
which offsets the extra $100 biennial fee.
3:42:33 PM
REPRESENTATIVE SADDLER asked whether any application glitch
exists between the board and accrediting agencies. He
highlighted an instance brought to his attention in which a new
dentist may submit to occupational licensing, but the
application is pending completion until additional information
is received. He inquired as to whether any means exists to
streamline the process.
DR LOGAN deferred to Don Habeger, Director, Division of
Corporations, Business, and Professional Licensing to address
this question.
3:43:31 PM
REPRESENTATIVE MILLER referred to page 2 lines [8]-9, to
subparagraph (D), which he read, "has not had a license to
practice dental hygiene revoked, suspended, or voluntarily
surrendered in this state or another state." He asked what
happens to the original license during the process of licensure
and whether the license would lapse or if this varies from state
to state.
DR. LOGAN asked for clarification on whether the question refers
to dentists who have their licenses taken away for disciplinary
action, and whether they must surrender their license.
REPRESENTATIVE MILLER clarified that he understood what happens
when a license has been revoked or suspended since that action
appears to be due to disciplinary action taken; however, he said
he was unsure of the voluntary surrender of licenses. He was
curious what would happen to an active dental license when a
person moves to Alaska. He said he is unsure if this would hold
up the process of the dentist from practicing dentistry.
DR. LOGAN answered no, it would not. He related that typically
a dentist would keep his license current in another state, which
would lapse over time. He offered that in most disciplinary
actions the license would be voluntarily surrendered.
3:45:32 PM
REPRESENTATIVE MILLER referred to page 2, line 28, to
subparagraph (I) and read, "not been convicted of a crime that
adversely reflects on their ability ... to practice...." He
asked who would make the determination on the meaning of
"adversely affects," and whether the decision would be made by
the whole board or just one person.
DR. LOGAN deferred to the division for the final word. He
related his understanding that in some instances where the
person failed to meet the guidelines, the licensing examiner
would likely do so. He offered his belief that if anything fell
in a gray area, such as a dentist who had been convicted of a
crime not directly related to dentistry that the matter would be
brought to the board's attention for a final decision.
3:46:34 PM
DON HABEGER, Director, Division of Corporations, Business, and
Professional Licensing, Department of Commerce, Community, &
Economic Development (DCCED), stated that his staff worked with
Senator Egan and the dental profession on this bill. He
suggested that Dr. Logan would speak to the bill as it relates
to the practice of dentistry. He offered, with respect to how
examinations are conducted and how investigative staff operates,
that the division is comfortable with the bill.
3:48:06 PM
CHAIR OLSON asked for an update on the next sunset date for the
BDE.
MR. HABEGER explained that the Board of Dental Examiners (BDE)
had a sunset review last year. That bill passed the
legislature, but was set aside as a result of the governor's
veto. The new BDE's sunset extension is part of an omnibus bill
[HB 279] currently before the legislature. This bill would
extend the board for another eight years.
CHAIR OLSON recalled that board had been part of a bill that was
vetoed.
3:49:08 PM
REPRESENTATIVE THOMPSON referred to another bill that passed the
legislature last year that affected professional licensing and
the ability to transfer military and their spouses' ability to
transfer schooling for dental hygienists. He further recalled
under the aforementioned bill, hygienists would be issued a
temporary license until the full licensure process was
completed. He related his understanding no additional fees
would be charged on their initial license. He asked how this
bill would affect the military and military spouses. He asked
whether this requirement has created any hardships for the
department.
MR. HABEGER agreed that last year the legislature passed what he
characterized as a "military-spouse bill." He offered that the
department had the responsibility to assist military spouses
with temporary licensure to enable them to practice their
professions in Alaska. He pointed out that his division has
been responding to those tasks. He informed members that
another bill currently before the legislature would expand this
activity to recognize certain education, including documents
such as diploma and certificates. He reported that the division
supports language in the bill as it was reported out of the
[House] education committee today.
MR. HABEGER explained the process the division uses with respect
to temporary licenses. He stated that if a board has authority
and to recognize temporary licenses the division must consider
military credit and issue a temporary license. He stated that
the division can accomplish this for any program it administers,
about 20 programs, but the division does not have the authority
to issue a temporary license for professions governed by a
board. In those instances, the board must first take action to
recognize the temporary license. He advised that after the BDE
has done so, the division will have the authority to issue the
temporary license just as it currently issues temporary licenses
for military personnel and their spouses.
3:52:28 PM
GALE WALDON, Dental Hygienist; Chair, Alaska State Dental
Hygienists Association (ASDHA), on behalf of the ASDHA, stated
that she has been one of three hygienists who served on the
committee formed to review, update, and condense the Dental
Practices Act now contained in SB 92. She offered the ASDHA's
support for SB 92. She concurred with earlier testimony, that
the Dental Practices Act has not been reviewed for over 20 years
and needs to be updated. She concurred that many of the
statutes are inaccurate and do not represent the existing
practices and terminology of the services provided by the dental
community. This bill would also update the dental hygiene
statutes, as appropriate. One of the ASDHA's goals is to
maintain the highest standard of dental hygienists licensure and
practice. She stated the ASDHA believes SB 92 incorporates the
high standards for dental hygienists so these professionals can
continue to provide excellent care for Alaskans.
3:53:57 PM
REPRESENTATIVE SADDLER asked whether a dental hygienist has ever
served as chair of the BDE.
MS. WALDON answered not to her knowledge.
3:54:39 PM
CHAIR OLSON, after first determining no one else wished to
testify, closed public testimony on SB 92.
[SB 92 was held over.]
3:55:16 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
3:55 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB92 Fiscal Note-DCCED-CBPL-12-15-11.pdf |
HL&C 1/27/2012 3:15:00 PM |
SB 92 |
| SB92 Draft Proposed Amendment E.1.PDF |
HL&C 1/27/2012 3:15:00 PM |
SB 92 |
| SB92 Draft Proposed Amendment E.2.pdf |
HL&C 1/27/2012 3:15:00 PM |
SB 92 |
| SB92 Sectional Analysis ver E.PDF |
HL&C 1/27/2012 3:15:00 PM |
SB 92 |
| SB92 Sponsor Statement ver E.pdf |
HL&C 1/27/2012 3:15:00 PM |
SB 92 |
| SB92 Supporting Document - Letter ADPAC 1-23-12.pdf |
HL&C 1/27/2012 3:15:00 PM |
SB 92 |
| SB92 ver E.pdf |
HL&C 1/27/2012 3:15:00 PM |
SB 92 |