SB 68 — An Act relating to the practice of dental hygiene; establishing an advanced practice permit; prohibiting unfair discrimination under group health insurance against a dental hygienist who holds an advanced practice permit; and relating to medical assistance for dental hygiene services.

254e.

10 (c) A licensed dental hygienist holding an advanced practice permit may 11 provide the services described in (a) of this section to a patient described in (b) of this 12 section without 13 (1) the physical presence, authorization, or supervision of a licensed 14 dentist;

15 (2) a licensed dentist's examination of the patient.

16 (d) A licensed dental hygienist who provides services under an advanced 17 practice permit shall maintain professional liability insurance and provide the patient, 18 or the parent or legal guardian of the patient, with 19 (1) a written notice that the treatment provided will be limited to 20 services permitted under (a) of this section;

21 (2) a written recommendation that the patient be examined by a 22 licensed dentist for comprehensive oral health care services;

and 23 (3) assistance in obtaining a referral to a licensed dentist for further 24 dental planning and treatment, including a written description of methods for 25 obtaining a referral and a list of licensed dentists in the patient's community or other 26 resources for finding a licensed dentist.

27 (e) A licensed dental hygienist holding an advanced practice permit may 28 practice as an independent contractor.

29 (f) An advanced practice permit is valid until the expiration of the dental 30 hygienist's license to practice.

A licensed dental hygienist may renew an advanced 31 practice permit at the time of license renewal under AS 08.32.071.

* Sec.

AS 21.36.090(d)08.32.115(b) is amendedrepealed and reenacted to read:

0206 (d)(b) ExceptA tolicensed thedental extenthygienist necessaryholding toan complyadvanced with AS 21.42.365 and 03 AS 21.56, a person may not practice or permit unfairmay discrimination07 againstprovide athe personservices 04described whoin provides(a) aof servicethis coveredsection underto a grouppatient healthwho insuranceis policyunable thatto extends08 05receive coveragedental ontreatment anbecause expenseof incurredage, basis,infirmity, or underdisability aand groupis service09 or(1) indemnitya typeresident 06in contract issued by a healthsenior maintenancecenter, organizationincluding or a nonprofithospital, corporation,long-term ifcare the10 07facility, serviceadult isfoster withinhome, theresidential scopecare offacility, theor provider'sadult occupationalcongregate license.living facility;

In11 this(2) subsection,a 08resident "provider"in means a statehealth licensedcare physician,facility, physicianincluding assistant,a dentist,mental osteopath,health 09 optometrist, chiropractor, advanced practice registered nurse, naturopath, physical 10 therapist, occupational therapist, marital and family therapist, psychologist, 11 psychological associate, licensed clinical social worker, licensed professional 12 counselor,residential [OR]program certified direct-entry midwife, or dentalfacility hygienistfor holdingindividuals anwith 13developmental advancedor practiceother permit.disabilities;

1413 *(3) Sec.held in a local correctional facility for juveniles or adults;

14 (4) enrolled in a nursery school, day care program, vocational training 15 facility, primary school, secondary school, private school, or public charter school;

16 (5) entitled to benefits under 42 U.S.C.

1786 (Special Supplemental 17 Food Program for Women, Infants, and Children);

18 (6) homebound;

or 19 (7) a member of a population that the board determines is underserved 20 by the dental health profession.

21 * Sec.

AS 08.32.115(c) is repealed and reenacted to read:

22 (c) A licensed dental hygienist holding an advanced practice permit may 23 provide the services described in (a) of this section to a patient described in (b) of this 24 section without 25 (1) the physical presence, authorization, or supervision of a licensed 26 dentist;

27 (2) a licensed dentist's examination of the patient.

28 * Sec.

5.

AS 08.32.115(d) is repealed and reenacted to read:

29 (d) A licensed dental hygienist who provides services under an advanced 30 practice permit shall maintain professional liability insurance and provide the patient, 31 or the parent or legal guardian of the patient, with (1) a written notice that the treatment provided will be limited to 02 preventive services and will not include comprehensive oral health care services;

03 (2) a written recommendation that the patient be examined by a 04 licensed dentist for comprehensive oral health care services;

and 05 (3) assistance in obtaining a referral to a licensed dentist for further 06 dental planning and treatment, including a written description of methods for 07 obtaining a referral and a list of licensed dentists in the patient's community or other 08 resources for finding a licensed dentist.

09 * Sec.

6.

AS 08.32.115 is amended by adding new subsections to read:

10 (e) A licensed dental hygienist holding an advanced practice permit may 11 practice as an independent contractor.

12 (f) An advanced practice permit is valid until the expiration of the dental 13 hygienist's license to practice.

A licensed dental hygienist may renew an advanced 14 practice permit at the time of license renewal under AS 08.32.071.

15 * Sec.

7.

AS 21.36.090(d) is amended to read:

16 (d) Except to the extent necessary to comply with AS 21.42.365 and 17 AS 21.56, a person may not practice or permit unfair discrimination against a person 18 who provides a service covered under a group health insurance policy that extends 19 coverage on an expense incurred basis, or under a group service or indemnity type 20 contract issued by a health maintenance organization or a nonprofit corporation, if the 21 service is within the scope of the provider's occupational license.

In this subsection, 22 "provider" means a state licensed physician, physician assistant, dentist, osteopath, 23 optometrist, chiropractor, advanced practice registered nurse, naturopath, physical 24 therapist, occupational therapist, marital and family therapist, psychologist, 25 psychological associate, licensed clinical social worker, licensed professional 26 counselor, [OR] certified direct-entry midwife, or dental hygienist holding an 27 advanced practice permit.

28 * Sec.

8.

1529 (b) In addition to the mandatory services specified in (a) of this section and the 1630 services provided under (d) of this section, the department may offer only the 1731 following optional services:

case management services for traumatic or acquired brain 18 injury;

personal care 1902 services in a recipient's home;

long-term care 2003 noninstitutional services;

advanced practice 2104 registered nurse services;

rehabilitative services for children eligible 2205 for services under AS 47.07.063, substance abusers, and emotionally disturbed or 2306 chronically mentally ill adults;

inpatient 2407 psychiatric facility services for individuals 65 years of age or older and individuals 2508 under 21 years of age;

marital 2609 and family therapy services;

2710 occupational therapy;

low-dose mammography screening, as 2811 defined in AS 21.42.375(e);

treatment of speech, hearing, and language 2912 disorders;

prosthetic devices and 3013 eyeglasses;

intermediate care facility services, including 3114 intermediate care facility services for persons with intellectual and developmental 15 disabilities;

and 0216 reasonable transportation to and from the point of medical care.

17 * Sec.

9.

The uncodified law of the State of Alaska is amended by adding a new section to 18 read:

19 TRANSITION:

COLLABORATIVE AGREEMENTS.

Notwithstanding the 20 amendment to AS 08.32.110(e)(2) by sec.

1 of this Act, the repeal and reenactment of 21 AS 08.32.115(b) - (d) by secs.

3 - 5 of this Act, and the enactment of AS 08.32.115(e) and (f) 22 by sec.

6 of this Act, a collaborative agreement approved by the board under AS 08.32.115 23 before the effective date of secs.

1 - 6 of this Act is valid until the agreement expires under 24 AS 08.32.115 as that section read before the effective date of secs.

1 - 6 of this Act.

25 * Sec.

10.

The uncodified law of the State of Alaska is amended by adding a new section to 26 read:

27 REGULATIONS.

The Department of Commerce, Community, and Economic 28 Development and the Board of Dental Examiners may adopt regulations necessary to 29 implement the changes made by this Act.

The regulations take effect under AS 44.62 30 (Administrative Procedure Act), but not before the effective date of the law implemented by 31 the regulation.

* Sec.

11.

The uncodified law of the State of Alaska is amended by adding a new section to 02 read:

03 REVISOR'S INSTRUCTION.

The revisor of statutes is requested to change the catch 04 line for AS 08.32.115 from "Collaborative agreements" to "Advanced practice permits." 05 * Sec.

12.

Section 10 of this Act takes effect immediately under AS 01.10.070(c).