STAND. COM. REP. NO. 1563

Honolulu, Hawaii

, 2005

RE: S.B. No. 568

S.D. 1

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 568, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DENTISTS,"

begs leave to report as follows:

The purpose of this bill is to give Hawaii's citizens greater access to appropriate dental care by authorizing dental specialists and general dentists practicing in another state to be licensed by credential to practice in Hawaii.

Hawaii Family Dental Centers, Oral and Maxillofacial Surgery Associates, and several concerned dentists supported this bill. The Board of Dental Examiners (Board) supported the bill in part, and opposed the bill in part. The Hawaii Society of Orthodontics, Pedodontic Associates, and numerous concerned individuals opposed the bill.

This bill would allow licensing by credential for both general dentists and dental specialists. Your Committee finds that the state dentist examination, which measures competence to practice general dentistry, may be an inappropriate measure to evaluate the competence of dental specialists, who do not practice

general dentistry. With regard to licensure by credential for general dentists, your Committee heard concerns that allowing all general dentists to be licensed by credential would dilute incentives in the current law designed to attract out-of-state dentists willing to practice in underserved areas of the state.

Your Committee heard this bill along with S.B. No. 118, H.D. 1, which like this bill, would change procedures for licensing dentists. S.B. No. 118, H.D. 1, would address the current unavailability of a state written and practical examination for dentists, due to pending litigation questioning its fairness and effectiveness. Your Committee understands that the February state examination has been cancelled and that no new dates have been set. To remedy this situation, S.B. No. 118, H.D. 1, provides for the acceptance of regional or national examination results in lieu of the state examination.

However, at the hearing of S.B. No. 118, H.D. 1, your Committee heard that the Board would now like the opportunity to develop and administer a new state dentist examination instead of accepting regional examination results. In this regard, concerns were voiced that the Board may not be able to develop the examination in compliance with the requirements of chapter 91, Hawaii Revised Statutes (HRS), in time to allow applicants to prepare for the examination, and to meet the Board's statutory mandate to administer two examinations every year.

Your Committee finds that the current situation is untenable and unfair to applicants for licensure as dentists. Although your Committee believes the Board should continue to retain discretion in maters concerning the licensing of dentists, your Committee does not want applicants to be deprived of the opportunity to take an examination for an indefinite or extended period of time.

Upon consideration of these issues, you Committee has amended this bill by:

(1) Deleting part II of the bill that would have authorized general dentists to be licensed by credential;

(2) Inserting into this bill, provisions of S.B. No. 118, H.D. 1, which allow acceptance of a regional or national examination in place of the state examination;

 

(3) Amending these examination provisions to grant the Board a limited exemption from the rulemaking requirements of chapter 91, HRS, that expires on December 31, 2005, to develop a state written and practical examination for dentistry;

(4) Providing that if the Board determines that two state examinations will not be or have not been administered during the calendar year, then an applicant is eligible for licensure:

(A) If the applicant takes and passes one of four regional examinations given after February 1, 2004, or a national exam approved by the Board; or

(B) By credential as a dental specialist;

(5) Amending the dental specialist licensure by credential requirements by:

(A) Requiring persons licensed by credential to agree to practice only in their area of specialization;

(B) Removing the specialties of pedodontics and prosthodontics from the list that may be licensed by credential, and adding public health dentistry;

(C) Specifying that the applicant must pass parts I and II of the National Board Dental Examination;

(D) Removing the requirement that the licensing standards of the state in which the applicant is licensed, be at least equivalent to Hawaii's requirements; and

(E) Removing the "catchall" provision that would have allowed the Board to ask an applicant for any other information necessary to determine fitness;

(6) Reducing the time frame for submitting a dentist licensure application to the Board from 60 days to 45 days; and

 

(7) Amending the effective date to:

(A) Clarify that the bill applies retroactively to regional examinations taken after February 1, 2004; and

(B) Sunset on January 31, 2007, the provisions that establish alternatives to the state dentist examination in the absence of the Board's administration of two state examinations during the calendar year;

and

(8) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 568, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 568, S.D. 1, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

 

____________________________

KENNETH HIRAKI, Chair