HB 197

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                                     HOUSE BILL NO. 197
                   IN THE LEGISLATURE OF THE STATE OF ALASKA
                    THIRTY-FOURTH LEGISLATURE - FIRST SESSION
 BY REPRESENTATIVE TOMASZEWSKI
 Introduced: 4/16/25
 Referred: Labor and Commerce, Finance
                                            A BILL
                                   FOR AN ACT ENTITLED
1  "An Act relating to the practice of dental hygiene; establishing an executive
2  administrator position for the Board of Dental Examiners; and relating to the ownership
3  of dental offices and clinics."
4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
5   * Section 1. AS 08.32.014(a) is amended to read:
6(a) An applicant for a license to practice dental hygiene shall
7(1) provide evidence to the board that the applicant
8(A) has successfully completed an academic program in dental
9hygiene [OF AT LEAST TWO YEARS DURATION] that, at the time of
10graduation, is accredited by the Commission on Dental Accreditation of the
11American Dental Association and is approved by the board;
12(B) has passed a written theory examination of the American
13Dental Association Joint Commission on National Dental Examinations or an
14equivalent examination approved by the board;
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1(C) has successfully passed a state or regional dental hygiene
2clinical examination approved by the board;
3(D) has not had a license to practice dental hygiene revoked,
4suspended, or voluntarily surrendered in this state or another state;
5(E)   is not the subject of an adverse decision based on a
6complaint, investigation, review procedure, or other disciplinary proceeding
7within the five years immediately preceding application or of an unresolved
8complaint, investigation, review procedure, or other disciplinary proceeding
9undertaken by a state, territorial, local, or federal dental licensing jurisdiction;
10(F) is not the subject of an unresolved or adverse decision
11based on a complaint, investigation, review procedure, or other disciplinary
12proceeding undertaken by a state, territorial, local, or federal dental licensing
13jurisdiction or law enforcement agency that relates to criminal or fraudulent
14activity, dental malpractice, or negligent dental care and that adversely reflects
15on the applicant's ability or competence to practice as a dental hygienist or on
16the safety or well-being of patients;
17(G) is not the subject of an adverse report from the National
18Practitioner Data Bank or the American Association of Dental Boards
19Clearinghouse for Board Actions that relates to criminal or fraudulent activity
20or dental malpractice;
21(H) is not impaired to an extent that affects the applicant's
22ability to practice as a dental hygienist;
23(I) has not been convicted of a crime that adversely reflects on
24the applicant's ability or competency to practice as a dental hygienist or that
25jeopardizes the safety or well-being of a patient; and
26(2) meet the other qualifications for a license established by the board
27by regulation.
28  * Sec. 2. AS 08.36.070 is amended to read:
29Sec. 08.36.070. Duties and [GENERAL] powers of board. (a) The board
30shall
31(1) provide for the examination of applicants and the credentialing,
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1registration, and licensure of those applicants it finds qualified;
2(2) maintain a registry of licensed dentists, licensed dental hygienists,
3and registered dental assistants who are in good standing;
4(3) affiliate with the American Association of Dental Boards and pay
5annual dues to the association;
6(4) hold hearings and order the disciplinary sanction of a person who
7violates this chapter, AS 08.32, or a regulation of the board;
8(5)    supply forms for applications, licenses, permits, certificates,
9registration documents, and other papers and records;
10(6) enforce the provisions of this chapter and AS 08.32 and adopt or
11amend the regulations necessary to make the provisions of this chapter and AS 08.32
12effective;
13(7) adopt regulations ensuring that renewal of a license, registration, or
14certificate under this chapter or a license, certificate, or endorsement under AS 08.32
15is contingent on proof of continued professional competence; the regulations must
16require that a licensee receive not less than two hours of education in pain
17management and opioid use and addiction in the two years preceding an application
18for renewal of a license, unless the licensee has demonstrated to the satisfaction of the
19board that the licensee does not currently hold a valid federal Drug Enforcement
20Administration registration number;
21(8) at least annually, cause to be published on the Internet and in a
22newspaper of general circulation in each major city in the state a summary of
23disciplinary actions the board has taken during the preceding calendar year;
24(9) issue permits or certificates to licensed dentists, licensed dental
25hygienists, and dental assistants who meet standards determined by the board for
26specific procedures that require specific education and training;
27(10)     require that a licensed dentist who has a federal Drug
28Enforcement Administration registration number register with the controlled substance
29prescription database under AS 17.30.200(n);
30(11)    establish the qualifications and duties of the executive
31administrator.
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1(b) The board may
2(1) order a licensed dentist or licensed dental hygienist to submit to a
3reasonable physical or mental examination if the dentist's or the dental hygienist's
4physical or mental capacity to practice safely is at issue;
5(2) authorize a designee of the board or the board's investigator to
6inspect the practice facilities or patient or professional records of a dentist at
7reasonable times and in a reasonable manner to monitor compliance with this chapter
8and with AS 08.32; [AND]
9(3) delegate the board's powers to act, hear, and decide matters as
10authorized by AS 44.62 (Administrative Procedure Act); and
11(4) delegate authority to the executive administrator as necessary
12to conduct board business.
13  * Sec. 3. AS 08.36 is amended by adding a new section to read:
14Sec. 08.36.072. Executive administrator of the board. (a) The department, in
15consultation with the board, shall employ an executive administrator. The executive
16administrator is the principal executive officer of the board, in the partially exempt
17service under AS 39.25.120, and entitled to receive a monthly salary equal to a step in
18Range 23 on the salary schedule set out in AS 39.27.011(a).
19(b) The executive administrator shall perform duties as prescribed by the
20board.
21  * Sec. 4. AS 08.36.367(d) is amended to read:
22(d) If all of the ownership interests of a dentist or dentists in a dental office or
23clinic are held by an administrator, executor, personal representative, guardian,
24conservator, or receiver of the estate of a former shareholder, member, or partner, the
25administrator, executor, personal representative, guardian, conservator, or receiver
26may retain the ownership interest for a period of 24 months following the creation of
27the ownership interest. The board shall extend the ownership period for an additional
2824 months upon 30 days' notice and may grant additional extensions upon reasonable
29request. If the board determines that the retainer of the ownership interest is not
30acting in good faith to transfer the ownership interest of the dental office or clinic
31to a person permitted to own the office or clinic under (a) of this section, the
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1board may impose a civil fine on the retainer not to exceed $1,000 for each day
2the ownership interest is retained after the expiration of the ownership period
3permitted under this subsection.
4   * Sec. 5. AS 39.25.120(c) is amended to read:
5(c) The following positions in the state service constitute the partially exempt
6service:
7(1) deputy and assistant commissioners of the principal departments of
8the executive branch, including the assistant adjutant general of the Department of
9Military and Veterans' Affairs;
10(2) the directors of the major divisions of the principal departments of
11the executive branch and the regional directors of the Department of Transportation
12and Public Facilities;
13(3) attorney members of the staff of the Department of Law, of the
14public defender agency, and of the office of public advocacy in the Department of
15Administration;
16(4) one private secretary for each head of a principal department in the
17executive branch;
18(5)   employees of councils, boards, or commissions established by
19statute in the Office of the Governor or the office of the lieutenant governor, unless a
20different classification is provided by statute;
21(6) not more than two special assistants to the commissioner of each of
22the principal departments of the executive branch, but the number may be increased if
23the partially exempt service is extended under AS 39.25.130 to include the additional
24special assistants;
25(7) the principal executive officer of the following boards, councils, or
26commissions:
27(A) Alaska Public Broadcasting Commission;
28(B) Professional Teaching Practices Commission;
29(C) Parole Board;
30(D) Board of Nursing;
31(E) Real Estate Commission;
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1(F) Alaska Royalty Oil and Gas Development Advisory Board;
2(G) Alaska State Council on the Arts;
3(H) Alaska Police Standards Council;
4(I) Alaska Commission on Aging;
5(J) Alaska Mental Health Board;
6(K) State Medical Board;
7(L) Governor's Council on Disabilities and Special Education;
8(M) Advisory Board on Alcoholism and Drug Abuse;
9(N) Statewide Suicide Prevention Council;
10(O) State Board of Registration for Architects, Engineers, and
11Land Surveyors;
12(P) Alaska Health Care Commission;
13(Q) Board of Pharmacy;
14(R) Board of Dental Examiners;
15(8) Alaska Pioneers' Home and Alaska Veterans' Home managers;
16(9) hearing examiners in the Department of Revenue;
17(10)   the comptroller in the division of treasury, Department of
18Revenue;
19(11) airport managers in the Department of Transportation and Public
20Facilities employed at the Anchorage and Fairbanks International Airports;
21(12) the deputy director of the division of insurance in the Department
22of Commerce, Community, and Economic Development;
23(13) the executive director and staff of the Alaska Public Offices
24Commission;
25(14)   the rehabilitation administrator of the division of workers'
26compensation;
27(15)   guards employed by the Department of Public Safety for
28emergencies;
29(16) marine pilot coordinator of the Board of Marine Pilots;
30(17) guards employed by the Department of Corrections, other than in
31state correctional facilities, to carry out the responsibility of the commissioner of
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1corrections under AS 33.30.071(b);
2(18) hearing officers and administrative law judges of the Regulatory
3Commission of Alaska;
4(19) the compact administrator appointed under AS 33.36.130;
5(20) the chief administrative law judge and administrative law judges
6of the office of administrative hearings;
7(21) the executive secretary of the Board of Public Accountancy.
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