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Issue 2007-9
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kdaupdate

A publication of the Council on Dental Legislation and K-D-PAC

This Week in the Legislature

This has been a relatively quiet week in the Legislature as both the House and Senate took a two-day recess on Monday and Tuesday following last week’s “House of Origin” deadline.  This weekend is the annual Democrat’s Washington Days celebration and caucus.  President Bill Clinton will be the guest of honor. 

Career Opportunity Fair

Dentists are invited to participate in the Kansas Dental Association’s annual Career Opportunity Fair (formerly the Comin’ and Goin’ Brunch).  If you are looking for an associate or dental hygienist to join your practice, a new practice opportunity, or to sell your practice this is an event that will provide you with one-on-one interaction with students, other dentists, practice brokers and others.

All University of Missouri Kansas City dental students have been invited to attend and please note this year dental hygiene students from UMKC and Johnson County Community College have also been invited.  To enable follow up communication, all participating dentists will be provided with a list of the attending students, while the students will be provided with a list of the attending dentists.

The basic registration fee for KDA members is $25.  Registration is $50 if you would like a table.  The registration fee includes continental breakfast.  Make plans to attend the KDA Career Opportunity Fair by registering at www.ksdental.org/career/career_fair.htm or contact the KDA office for a registration form. 

Board of Delegates Meeting Materials Emailed

Board delegates and alternate delegates were emailed materials for the March 15 KDA Board of Delegates meeting earlier this week.  The materials included:  the agenda, November 17, 2007 meeting minutes, 2007-08 proposed budget, a proposed Ethics bylaw amendment and more.  If you did not receive this information please contact the KDA office.  Mark your calendars for the Thursday, March 15 meeting to be held in conjunction with the UMKC’s Midwest Dental Conference in the Hyatt’s Empire C room starting at 1:30 P.M.  The Executive Committee will be meeting in the morning of Thursday, March 15 as well.

Dental Issues Status

The 2007 Legislative Session begins a new two-year session.  All Senate Bills (SB) will be new beginning with SB 1.  All House Bills (HB) will begin with HB 2001. Next week all non-exempt bills that did not meet the House of Origin deadline will be removed from the KDA Update as they are now “dead.”

Dental Practice

SB 82 does not apply directly to dentistry, but the KDA is monitoring it very closely as it would allow would allow school of chiropractic medicine and osteopathy an exemption from the corporate practice prohibition in the healing arts act.  The bill has been passed by the full Senate.  A hearing is scheduled on Wednesday, March 7 in the House Committee on Health and Human Services. 

SB 176 is the bill that amends the dental hygienist Extended Care Permit (ECP) provisions passed in 2002.  The bill reduces the amount clinical experience hours to qualify for an ECP I from 1,800 to 1,200 hours; creates a method for previously qualified dental hygienists’ to qualify if they have been in a non-clinical or not practicing in the previous five years; modifies the practice settings to better identify underserved populations, and; allows ECP dental hygienists to apply topical anesthetic.  The KDA Board of Delegates reviewed and approved the proposed bill at its November meeting.  The Senate Committee on Public Health and Welfare amended the bill at the suggestion of the KDA to allow dental hygienists to apply topical anesthesia under general supervision.  The bill has been passed by the full Senate and is now assigned to the House Committee on Health and Human Services.

HB 2214 would authorize the Kansas Dental Board (KDB) to deny, revoke suspend or limit a dentist’s sedation permit.  This is current practice, however, the KDB’s recent review of the sedation and anesthesia rules and regulations brought into question its authority to do so.  The bill has been passed by the full House and it is now assigned to the Senate Committee on Public Health and Welfare where a hearing will be held on Wednesday, March 7.  The provisions of HB 2215 are now in this bill.

HB 2215 would establish a maximum fee of $200 for the Kansas Dental Board (KDB) to charge for certain permits.  The KDB currently charges licensee for sedation and other permits, however, HB 2215 will validate that practice.  The provisions of HB 2215 were amended into HB 2214.

HB 2216 is the Dental Board’s bill that will change the biennial licensure schedule of dentists and dental hygienists.  Currently, all dentists renew their license in odd years and dental hygienists renew in even years.  The new method will mix dentist and dental hygienist licensure renewal based on the licensee’s license number.  As a result, about half of the dental hygienists and dentists that renew in 2008 and 2009 respectively will have a one-time one year renewal. The bill has been passed by the full House and it is now assigned to the Senate Committee on Public Health and Welfare where a hearing will be held on Wednesday, March 7. 

HB 2417 is a bill introduced by KDHA that would change the makeup of the dental board to four dentists, four dental hygienists and one public member.  Currently there are six dentists, two dental hygienists and one public member.  No hearing is scheduled in the House Committee on Health and Human Services.  Not having met the “House of Origin” deadline, HB 2417 is now “dead.”

HB 2530 would explicitly exempt healthcare providers from the Kansas Consumer Protection Act statute.  This corrects the problem recently created by a Kansas Supreme Court ruling that held that healthcare providers are included in the provisions that were meant to cover deceptive practices concerning retail transactions.  A group of healthcare provider organizations (including the KDA), led by the Kansas Medical Society, are teaming up to push for HB 2530.  The hearing on HB 2530 was held yesterday in the House Committee on Judiciary.  The KDA provided written testimony in support of the bill.

Mercury

SB 1 is similar to bills that the KDA has monitored in past years that would prohibit mercury-based thimerosol in vaccines.  Unlike past bills, SB 1 provides that the Secretary of Health may exempt a vaccine containing thimerosol if there is a vaccine shortage, epidemic, bioterrorist incident, etc.  SB 1 was introduced by Senate minority leader Anthony Hensley and Senator Dennis Wilson.  No hearing is scheduled in the Senate Committee on Public Health and Welfare.  SB 1 is exempt from the “House of Origin” deadline and, therefore, remains “alive”.

HB 2526 would create a statewide atmospheric mercury deposition monitoring network to measure the deposition of mercury in Kansas.  The data collected will be made available to Kansas-based research institutes and scientists for exploration of the impact of mercury on Kansas flora, fauna and human population.  HB 2526 has been introduced to monitor atmospheric mercury created by coal-fire electric generating plants, but could impact dentistry.  The hearing on HB 2526 was held yesterday in the House Committee on Utilities.  

Insurance

SB 175 would require all insurance policies to contain a provision to allow for the assignment of benefits directly to a provider of the care. The KDA testified in support of the bill at a hearing in Senate Committee on Financial Institutions and Insurance this past week.  SB 175 is exempt from the “House of Origin” deadline and, therefore, remains “alive”.

SB 273 would add dentistry to the “healthcare prompt payment act.”  This would require a dental insurance carrier to pay a clean dental claim within 30 days of receipt.  The KDA testified in support of the bill at a hearing on the bill in the Senate Committee on Financial Institutions and Insurance.  The full Senate passed the bill and it is now assigned to the House Committee on Insurance and Financial Institutions. 

HB 2272 is the “health care price transparency act.”  It would require each health insurance carrier and health provider to publicly disclose their rates for certain and common health or medical services.  Dentistry is not included in the bill.  The bill has been assigned to the House Committee on Insurance and Financial Institutions.  Not having met the “House of Origin” deadline, HB 2272 is now “dead.”

HB 2273 is similar to SB 175 as it would require all insurance policies to contain a provision to allow for the assignment of benefits directly to a provider of the care. The bill has been assigned to the House Committee on Insurance.  Not having met the “House of Origin” deadline, HB 2273 is now “dead.”

Public Health

SB 37 would prohibit tobacco smoking in all indoor public places except a “cigar-tobacco bar.”  The Senate Committee on Judiciary advanced the bill to the full Senate without a recommendation.  SB 37 is exempt from the “House of Origin” deadline and, therefore, remains “alive”, but it no action is expected this year as a summer “Interim Study” is likely on this bill.

SB 170 would establish criteria for the types of beverages that are available in elementary and junior high/middles schools.  Permissible beverages are defined….not to include carbonated and high sugar drinks.  The bill is assigned to the Senate Committee on Education where the KDA testified during a hearing.  Not having met the “House of Origin” deadline, SB 170 is now “dead.”

SB 302 would create the “controlled substance monitoring task force” that would implement a program to monitor controlled substances.  The task force would be made up of 11 members including a person appointed by the Kansas Dental Association.  SB 302 was passed by the full Senate and is now assigned to the House Committee on Appropriations.   

SB 318 would direct the State of Kansas to use the tobacco settlement money for tobacco cessation and prevention activities.  The bill is exempt and assigned to the Senate Committee on Ways and Means. 

HB 2243 would prohibit the use of tobacco within or on the property of a medical care facility (this does not include a dental office).  The bill is assigned to the House Committee on Health and Human Services.  Not having met the “House of Origin” deadline, HB 2243 is now “dead.”

Charitable Work

HB 2102 would allow healthcare professionals who donate their time to indigent patients at significantly reduced or no cost to apply through a nonprofit community service organization to apply for a tax credit at the rate of $50/hour.  The tax credit would cap at $3,000/year/ taxpayer.  The KDA presented testimony in support of HB 2102 in the House Committee on Taxation No action is expected on HB 2102 as many other professions asked to be added to the bill causing significant confusion and frustration for the Committee.

Government Administrative

SB 16 would authorize the Joint Committee on Children’s Issues to introduce legislation.  This Committee has been in existence since 1999 usually meets during the Legislative Interim.  This bill would provide the Committee with more power to carry outs it legislative charge.  SB 16 is assigned to the Senate Committee on Ways and Means where a hearing has been held.  SB 16 is exempt from the “House of Origin” deadline and, therefore, remains “alive”.


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