STAND. COM. REP. NO. 1071-20

Honolulu, Hawaii

, 2020

RE: S.B. No. 2584

S.D. 2

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committees on Health and Intrastate Commerce, to which was referred S.B. No. 2584, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO DENTAL ASSISTANTS,"

beg leave to report as follows:

The purpose of this measure is to establish minimum requirements for dental assistants in Hawaii. Specifically, this measure:

(1) Requires all dental assistants to obtain CPR certification and complete an accredited educational program by a certain date;

(2) Requires dental assistants with less than five years of experience to provide proof of enrollment in an accredited program;

(3) Exempts dental assistants with at least five years of experience from the education requirements for dental assistants; and

(4) Clarifies the allowable and prohibited practices of dental assistants.

Your Committees received testimony in support of this measure from the Hawaii Dental Hygienists' Association and a petition by numerous individuals. Your Committees received testimony in opposition of this measure from the Board of Dentistry, Hawaii Dental Association, and ten individuals.

Your Committees find that Hawaii is a part of a small group of states that do not require dental assistants to be certified. The public is best served and protected when dental assistants are properly educated, trained, regulated, and certified.

However, your Committees believe that this measure misclassifies certain tasks as "procedures" and may be construed to require administrative tasks to be conducted under the direct supervision of a dentist. To ensure that the responsibilities, scope of practice, certification and education requirements, and other aspects of the professional regulation of dental assistants are appropriately crafted, your Committees believe that the creation of a task force with oral health experts to create a regulatory framework for dental assistants will ensure patient safety.

Accordingly, your Committees have amended this measure by:

(1) Deleting provisions that established minimum requirements for dental assistants in Hawaii;

(2) Establishing a task force to provide recommendations on qualification and certification requirements and the allowable scope of practice for dental assistants in Hawaii; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the records of votes of the members of your Committees on Health and Intrastate Commerce that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2584, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2584, S.D. 2, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committees on Health and Intrastate Commerce,

____________________________ TAKASHI OHNO, Chair

____________________________ JOHN M. MIZUNO, Chair