HB 387 - DENTISTS ABILITY TO DO CPR JOE BALASH, staff to Representative Therriault, gave the following explanation of HB 387. This measure is intended to give the Board of Dental Examiners the ability to enter into a formal and binding memorandum of agreement (MOA) with applicants or licensees who are unable to perform cardiopulmonary resuscitation (CPR). Currently the board enters into MOAs when it determines 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. HB 387 will provide that authority to the Board of Dental Examiners while preserving the intent and spirit of the statute to protect patients of dentistry. SENATOR ELLIS asked why Representative Therriault could not attend the meeting. MR. BALASH informed committee members Representative Therriault was attending a leadership meeting. Number 488 SENATOR LEMAN noted the title of the bill is incredibly broad. He remarked the bill seems reasonable to him since the dentist will be required to have another person in the room who is capable of performing CPR. SENATOR GREEN asked if, in Alaska, a dentist is required to have an assistant. MR. BALASH said he did not think so. SENATOR GREEN questioned how HB 387 will impact dentists who travel to rural communities for one day at a time to perform dental services. She questioned whether this bill will prevent dentists who cannot perform CPR from travelling to rural communities. Number 507 MR. BALASH answered the person who is able to perform CPR does not have to be a dental assistant; the bill does not restrict who can perform CPR in place of the dentist. He pointed out a VPSO could assist the dentist who travels to rural communities. SENATOR GREEN questioned the board's current ability to enter into MOAs. CHAIRMAN WILKEN replied the Board of Dentistry is currently doing so without statutory authority. MR. BALASH stated this issue came to Representative Therriault's attention because the Board of Dentistry entered into an MOA with a Fairbanks dentist who was unable to perform CPR because of knee problems. A legislative audit performed last year revealed the fact that the board did not possess the authority to enter into such MOAs. An informal opinion was rendered by the Attorney General's Office which stated that the Americans with Disabilities Act probably superseded Alaska law on that issue and would allow such arrangements, but Representative Therriault decided to sponsor this legislation to clarify the matter and prevent any legal conflicts. Number 541 SENATOR ELLIS questioned whether statutory authority is necessary to decrease the liability of the board. MR. BALASH said the issue of liability has not been questioned. This problem arose when the Division of Occupational Licensing learned from the audit that the Fairbanks dentist's license could not be renewed because of the board's inability to enter into an MOA. SENATOR ELLIS asked what the requirements are of the person able to perform CPR in place of the dentist. MR. BALASH replied that person is required to take a course and obtain a CPR card. SENATOR ELLIS asked if the person can be of any age to qualify for a CPR card. MR. BALASH said that is correct. Number 561 SENATOR LEMAN said he interprets this bill to apply to anyone under the jurisdiction of the board, which may include dental hygienists. He stated if that is the case, the title may need to be broadened to include those people, and the waiver should be extended to apply to dental hygienists. MR. BALASH said the bill does apply to dental hygienists. He stated the Department of Law was aware of the letter written by the Division of Occupational Licensing. He noted a title change may be necessary for the purpose of clarification. SENATOR LEMAN asked if the intent of the bill is that this will apply to anyone who is licensed by the board. MR. BALASH said that was correct. SENATOR LEMAN did not think a title change was critical since this is a House bill in the Senate. He assumed a two-thirds vote could be garnered if the title was challenged. SENATOR LEMAN moved HB 387 from committee. There being no objection, CHAIRMAN WILKEN announced HB 387 was moved to its next committee of referral, the Senate Labor and Commerce Committee.