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HB0197a -1- 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
"An Act relating to the practice of dental hygiene; establishin g an executive 1
administrator position for the Board of Dental Examiners; and relating to the ownership 2
of dental offices and clinics." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. AS 08.32.014(a) is amended to read: 5
(a) An applicant for a license to practice dental hygiene shall 6
(1) provide evidence to the board that the applicant 7
(A) has successfully completed an academic program in dental 8
hygiene [OF AT LEAST TWO YEARS DURATION] that, at the time of 9
graduation, is accredited by the Commission on Dental Accredita tion of the 10
American Dental Association and is approved by the board; 11
(B) has passed a written theory examination of the American 12
Dental Association Joint Commission on National Dental Examinat ions or an 13
equivalent examination approved by the board; 14
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(C) has successfully passed a state or regional dental hygiene 1
clinical examination approved by the board; 2
(D) has not had a license to practice dental hygiene revoked, 3
suspended, or voluntarily surrendered in this state or another state; 4
( E ) i s n o t t h e s u b j e c t o f a n a d v e r s e d e c i s i o n b a s e d o n a 5
complaint, investigation, review procedure, or other disciplina ry proceeding 6
within the five years immediately preceding application or of a n unresolved 7
complaint, investigation, review procedure, or other disciplina ry proceeding 8
undertaken by a state, territorial, local, or federal dental licensing jurisdiction; 9
(F) is not the subject of an unresolved or adverse decision 10
based on a complaint, investiga tion, review procedure, or other disciplinary 11
proceeding undertaken by a state, territorial, local, or federa l dental licensing 12
jurisdiction or law enforcement agency that relates to criminal or fraudulent 13
activity, dental malpractice, or negligent dental care and that adversely reflects 14
on the applicant's ability or competence to practice as a denta l hygienist or on 15
the safety or well-being of patients; 16
(G) is not the subject of an adve rse report from the National 17
Practitioner Data Bank or the American Association of Dental Bo ards 18
Clearinghouse for Board Actions that relates to criminal or fra udulent activity 19
or dental malpractice; 20
(H) is not impaired to an extent that affects the applicant's 21
ability to practice as a dental hygienist; 22
(I) has not been convicted of a crime that adversely reflects on 23
the applicant's ability or competency to practice as a dental h ygienist or that 24
jeopardizes the safety or well-being of a patient; and 25
(2) meet the other qualifications for a license established by the board 26
by regulation. 27
* Sec. 2. AS 08.36.070 is amended to read: 28
Sec. 08.36.070. Duties and [GENE RAL] powers of board. (a) The board 29
shall 30
(1) provide for the examination of applicants and the credenti aling, 31
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registration, and licensure of those applicants it finds qualified; 1
(2) maintain a registry of licen sed dentists, licensed dental hygienists, 2
and registered dental assistants who are in good standing; 3
(3) affiliate with the American Association of Dental Boards a nd pay 4
annual dues to the association; 5
(4) hold hearings and order the disciplinary sanction of a per son who 6
violates this chapter, AS 08.32, or a regulation of the board; 7
(5) supply forms for applicati ons, licenses, permits, certific ates, 8
registration documents, and other papers and records; 9
(6) enforce the provisions of this chapter and AS 08.32 and ad opt or 10
amend the regulations necessary t o make the provisions of this chapter and AS 08.32 11
effective; 12
(7) adopt regulations ensuring that renewal of a license, registration, or 13
certificate under this chapter or a license, certificate, or en dorsement under AS 08.32 14
is contingent on proof of continue d professional competence; th e regulations must 15
require that a licensee receive not less than two hours of educ ation in pain 16
management and opioid use and addiction in the two years preced ing an application 17
for renewal of a license, unless the licensee has demonstrated to the satisfaction of the 18
board that the licensee does not currently hold a valid federal Drug Enforcement 19
Administration registration number; 20
(8) at least annually, cause t o be published on the Internet a nd in a 21
newspaper of general circulation in each major city in the stat e a summary of 22
disciplinary actions the board has taken during the preceding calendar year; 23
(9) issue permits or certificates to licensed dentists, licens ed dental 24
hygienists, and dental assistants who meet standards determined b y t h e b o a r d f o r 25
specific procedures that require specific education and training; 26
(10) require that a licensed de ntist who has a federal Drug 27
Enforcement Administration registration number register with the controlled substance 28
prescription database under AS 17.30.200(n); 29
(11) establish the qualification s and duties of the executive 30
administrator. 31
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(b) The board may 1
(1) order a licensed dentist or licensed dental hygienist to s ubmit to a 2
reasonable physical or mental examination if the dentist's or t he dental hygienist's 3
physical or mental capacity to practice safely is at issue; 4
(2) authorize a designee of the board or the board's investiga tor to 5
inspect the practice facilities or patient or professional reco rds of a dentist at 6
reasonable times and in a reasonable manner to monitor complian ce with this chapter 7
and with AS 08.32; [AND] 8
(3) delegate the board's powers to act, hear, and decide matte rs as 9
authorized by AS 44.62 (Administrative Procedure Act); and 10
(4) delegate authority to the e xecutive administrator as neces sary 11
to conduct board business. 12
* Sec. 3. AS 08.36 is amended by adding a new section to read: 13
Sec. 08.36.072. Executive administrator of the board. (a) The department, in 14
consultation with the board, shall employ an executive administ rator. The executive 15
administrator is the principal executive officer of the board, in the partially exempt 16
service under AS 39.25.120, and entitled to receive a monthly s alary equal to a step in 17
Range 23 on the salary schedule set out in AS 39.27.011(a). 18
(b) The executive administrator shall perform duties as prescr ibed by the 19
board. 20
* Sec. 4. AS 08.36.367(d) is amended to read: 21
(d) If all of the ownership interests of a dentist or dentists in a dental office or 22
clinic are held by an administrator, executor, personal represe ntative, guardian, 23
conservator, or receiver of the estate of a former shareholder, member, or partner, the 24
administrator, executor, personal representative, guardian, con servator, or receiver 25
may retain the ownership interest for a period of 24 months fol lowing the creation of 26
the ownership interest. The boa rd shall extend the ownership pe riod for an additional 27
24 months upon 30 days' notice and may grant additional extensi ons upon reasonable 28
request. If the board determines that the retainer of the ownership inte rest is not 29
acting in good faith to transfer the ownership interest of the dental office or clinic 30
to a person permitted to own the office or clinic under (a) of this section, the 31
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board may impose a civil fine on the retainer not to exceed $1, 000 for each day 1
the ownership interest is retained after the expiration of the ownership period 2
permitted under this subsection. 3
* Sec. 5. AS 39.25.120(c) is amended to read: 4
(c) The following positions in the state service constitute th e partially exempt 5
service: 6
(1) deputy and assistant commi ssioners of the principal departments of 7
the executive branch, including the assistant adjutant general o f t h e D e p a r t m e n t o f 8
Military and Veterans' Affairs; 9
(2) the directors of the major d ivisions of the principal depa rtments of 10
the executive branch and the regional directors of the Departme nt of Transportation 11
and Public Facilities; 12
(3) attorney members of the staff of the Department of Law, of the 13
public defender agency, and of the office of public advocacy in the Department of 14
Administration; 15
(4) one private secretary for each head of a principal departm ent in the 16
executive branch; 17
(5) employees of councils, boards, or commissions established by 18
statute in the Office of the Governor or the office of the lieu tenant governor, unless a 19
different classification is provided by statute; 20
(6) not more than two special assistants to the commissioner o f each of 21
the principal departments of the executive branch, but the numb er may be increased if 22
the partially exempt service is extended under AS 39.25.130 to include the additional 23
special assistants; 24
(7) the principal executive officer of the following boards, c ouncils, or 25
commissions: 26
(A) Alaska Public Broadcasting Commission; 27
(B) Professional Teaching Practices Commission; 28
(C) Parole Board; 29
(D) Board of Nursing; 30
(E) Real Estate Commission; 31
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(F) Alaska Royalty Oil and Gas Development Advisory Board; 1
(G) Alaska State Council on the Arts; 2
(H) Alaska Police Standards Council; 3
(I) Alaska Commission on Aging; 4
(J) Alaska Mental Health Board; 5
(K) State Medical Board; 6
(L) Governor's Council on Disabilities and Special Education; 7
(M) Advisory Board on Alcoholism and Drug Abuse; 8
(N) Statewide Suicide Prevention Council; 9
(O) State Board of Registration for Architects, Engineers, and 10
Land Surveyors; 11
(P) Alaska Health Care Commission; 12
(Q) Board of Pharmacy; 13
(R) Board of Dental Examiners; 14
(8) Alaska Pioneers' Home and Alaska Veterans' Home managers; 15
(9) hearing examiners in the Department of Revenue; 16
(10) the comptroller in the div ision of treasury, Department o f 17
Revenue; 18
(11) airport managers in the De partment of Transportation and Public 19
Facilities employed at the Anchorage and Fairbanks International Airports; 20
(12) the deputy director of the division of insurance in the D epartment 21
of Commerce, Community, and Economic Development; 22
(13) the executive director and staff of the Alaska Public Off ices 23
Commission; 24
(14) the rehabilitation administrator of the division of worke rs' 25
compensation; 26
(15) guards employed by the Department of Public Safety for 27
emergencies; 28
(16) marine pilot coordinator of the Board of Marine Pilots; 29
(17) guards employed by the Department of Corrections, other t han in 30
state correctional facilities, t o carry out the responsibility of the commissioner of 31
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corrections under AS 33.30.071(b); 1
(18) hearing officers and administrative law judges of the Reg ulatory 2
Commission of Alaska; 3
(19) the compact administrator appointed under AS 33.36.130; 4
(20) the chief administrative law judge and administrative law judges 5
of the office of administrative hearings; 6
(21) the executive secretary of the Board of Public Accountancy. 7