THE SENATE	S.B. NO.	2501
TWENTY-SEVENTH LEGISLATURE, 2014		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO THE BOARD OF DENTISTRY AND DENTAL HYGIENE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the name "board of dental examiners" is no longer an accurate description of the board's scope and function.  The legislature finds that the name "board of dentistry and dental hygiene" is more appropriate since the board regulates dentists and dental hygienists within the State.  Furthermore, the board no longer exists merely for purposes related to conducting licensing exams.  The board now has additional responsibilities to regulate its members and the profession.

     The legislature further finds that there are currently twelve members on the board.  Eight of these members are practicing dentists, while only two members are dental hygienists.  As of November 18, 2013, there were 1,526 dentists and one thousand forty dental hygienists licensed by the State.  According to these numbers, one dentist board member represents one hundred ninety licensed dentists, while one dental hygienist board member represents five hundred twenty licensed dental hygienists.

     Like the eight dentist members on the board, the two dental hygienist members are practicing professionals and must arrange for time off, often as unpaid leave, to fulfill their increasing duties.  It is challenging for the two dental hygienist members to carry out their growing responsibilities, which includes providing dental hygienist expertise and perspective, as compared to the eight dentists sharing board member tasks.

     The legislature finds that dental hygiene is one of the few health professions that is generally controlled by another profession.  Due to the significantly higher representation of dentists on the board, the dental hygienists' contributions and guidance are often not reflected in the board's actions.  A 1993 state auditor's report noted concern with the board's failure to implement its earlier recommendation to create a "better balanced board since the interests of dental hygienists may conflict with and be outweighed by those of dentists."

     The purpose of this Act is to update the name of the board of dental examiners to the board of dentistry and dental hygiene, which more accurately reflects the board's scope, and beginning on July 1, 2015, provide dental hygienists with greater representation on the board.

     SECTION 2.  Section 448-5, Hawaii Revised Statutes, is amended to read as follows:

     "§448-5  Board of [examiners;] dentistry and dental hygiene; appointment.  The board of [dental examiners] dentistry and dental hygiene shall consist of twelve members, eight of whom shall be practicing dentists who have been engaged in the practice of dentistry for a period of five years preceding their several appointments, two of whom shall be practicing dental hygienists, duly licensed under section 447-1, who have been engaged in the practice of dental hygiene in the State for a period of five years preceding appointment, and two of whom shall be public members.  No member shall be in any way connected with, or interested financially in, any dental supply company.  One member in the practice of dentistry shall be appointed from each of the counties of Hawaii, Maui, and Kauai and five members in the practice of dentistry shall be appointed from the city and county of Honolulu.  As used in this chapter, "board" means the board of [dental examiners.] dentistry and dental hygiene."

     SECTION 3.  Section 448-5, Hawaii Revised Statutes, is amended to read as follows:

     "§448-5  Board of [examiners;] dentistry and dental hygiene; appointment.  The board of [dental examiners] dentistry and dental hygiene shall consist of [twelve] thirteen members, eight of whom shall be practicing dentists who have been engaged in the practice of dentistry for a period of five years preceding their several appointments, [two] three of whom shall be practicing dental hygienists, duly licensed under section 447-1, who have been engaged in the practice of dental hygiene in the State for a period of five years preceding appointment, and two of whom shall be public members.  A minimum of one member who is a practicing dentist shall have a background in public health dentistry.  No member shall be in any way connected with, or interested financially in, any dental supply company.  One member in the practice of dentistry shall be appointed from each of the counties of Hawaii, Maui, and Kauai and five members in the practice of dentistry shall be appointed from the city and county of Honolulu.  As used in this chapter, "board" means the board of [dental examiners.] dentistry and dental hygiene."

     SECTION 4.  Sections 26-9, 423-1, 447-1(a), 447-1.5, 447-2, 447-3, 447-3.5, 447-4, 447-6, 447-7, 448-1.5, 448-2, 448-3, 448‑7, 448-9.6, 448-11, 448-12, 448-13, 448-16, 448-22, 448-23, and 451D-2, Hawaii Revised Statutes, are amended by substituting the words "board of dentistry and dental hygiene", or similar term, wherever the words "board of dental examiners", or similar term, appears, as the context requires.

     SECTION 5.  The board of dentistry and dental hygiene shall develop a conflict of interest policy regarding board member participation with dental examination companies that may provide examinations for Hawaii dentists.  The board shall report to the legislature on the status of this policy no later than twenty days prior to the convening of the regular session of 2015.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2014; provided that section 3 of this Act shall take effect on July 1, 2015.

Report Title:

Board of Dentistry and Dental Hygiene; Dentistry

Description:

Changes the name of the Board of Dental Examiners to the Board of Dentistry and Dental Hygiene (Board).  Changes the Board composition, increasing dental hygienist representation.  Requires the Board to develop conflict of interest policies for Board member participation with dental examination companies and to submit a report to the Legislature prior to the 2015 Regular Session on the status of the policy.  (SB2501 HD1)

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