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. 118, S.D. 2, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to replace the state examinations for dental hygienists and dentists with one of four regional examinations for dental hygienists and dentists, respectively, until a uniform national examination for each of these areas of practice becomes available.

Testimony in support of this measure was submitted by the Board of Dental Examiners (Board), Hawaii Medical Service Association, Hawaii Dental Hygienists' Association, Hawaii Primary Care Association, and a concerned individual. The Hawaii Society of Orthodontics, Pedodontic Associates, Inc., and other concerned individuals submitted testimony in opposition.

Your Committee finds that the American Association of Dental Examiners is spearheading an effort to develop a uniform national examination for acceptance in every state. This will allow dentists and dental hygienists to serve across states, and may

help to improve declining oral health in our state. However, there are differing opinions as to when the uniform national examination will be available. The Board testified that it should by ready by 2006, while others have stated that the examination is still years away.

This bill also addresses the current unavailability of a state written and practical dentist examination due to pending litigation questioning its fairness and effectiveness. Your Committee understands that the February state dentist examination has been cancelled and that no new dates have been set.

However, 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 matters 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:

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. 118, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 118, S.D. 2, H.D. 2.