2023 Legislative Session Update: Week 5 (Feb. 6-12)
This week the Legislature considered several dental-specific and workforce bills. Below is an update of WSDA’s week five activities in Olympia.
Currently Credentialed Dental Auxiliaries (House Bill 1466)
Developed by WSDA, HB 1466 would make it easier and faster for in state and out-of-state dental hygienists, in good standing, to obtain a core hygiene license, while also maintaining a pathway for hygienists wanting to place restorations and/or administer nitrous oxide and local anesthesia. The bill would bring Washington’s hygiene licensure process into alignment with the majority of other states.
Current challenges with Washington’s hygiene licensure process pose barriers to full hygiene licensure:
- Washington is currently the only state that requires applicants to have completed education programs and exams in local anesthesia and restorative procedures, along with an education program in administering nitrous oxide, in order to receive a full hygiene license.
- In order to obtain an initial limited license, an out-of-state hygienist must have 560 hours of practice in the preceding 24 months, a significant barrier to licensure. To continue practicing when the initial limited license expires after 18 months, the applicant must either apply for limited license renewal or a full hygiene license.
- Currently, out-of-state recent graduates, who must apply for the full hygiene license, as well as in-state hygienists looking to renew an initial limited license or obtain a full hygiene license, are facing challenges completing current requirements due to a lack of both program offerings and hygiene educators.
If enacted, HB 1466 does not change the scope of practice of dental hygienists that currently have a dental hygiene license, nor does it alter the list of procedures that can be performed by dental hygienists in statute or rule. Furthermore, the bill does not require our state’s dental hygiene programs to change what is taught in their training. Dental hygiene programs can continue to train dental hygienists to perform restorative care and administration of local anesthetic and nitrous oxide that is, and remains, in Washington’s dental hygiene scope of practice.
WSDA, Delta Dental of Washington, and member dentists testified in support of HB 1466 during the bill’s public hearing in the House Health Care & Wellness Committee on Feb. 7, and testimonies can be viewed on TVW [Bracken Killpack (49:23-51:37), Diane Oakes (51:38-53:55), Dr. Ashely Ulmer (53:56-56:46), and Scott Henderson (1:06:35-1:08:55)]. HB 1466 is scheduled for executive session Wednesday, Feb. 15.
Establishing and Authorizing the Profession of Dental Therapy (House Bill 1678/Senate Bill 5685)
HB 1678 establishes the profession of dental therapy in Washington. If enacted, HB 1678 allows those with as little as three years of training to perform irreversible procedures on our most vulnerable populations. Patients with limited access to care often live with medical complexities that require expert skills in assessment, diagnosis, and support during treatment. These needs far exceed the scope of practice of a dental therapist.
WSDA and member dentists testified in opposition of HB 1678 during the bill’s public hearing in the House Health Care & Wellness Committee on Feb. 7, and testimonies can be viewed on TVW [WSDA lobbyist Trent House (1:28:58-1:30:45), Dr. Mark Koday (1:30:46-1:32:35), Dr. Aimi Mituwani (1:32:47-1:34:29), Dr. Brittany Dean (1:40:21-1:41:40), and Dr. Amy Winston (1:41:45-1:42:47)].
Concerning Health Carriers Offering Dental Only Coverage (House Bill 1683)
HB 1683 requires health carriers offering dental-only coverage or dental coverage included within a health plan to permit licensed denturists to provide covered dental services or care within that provider's scope, subject to certain limitations.
House Bill 1683 was voted out of the House Health Care and Wellness Committee on Feb. 10.
WSDA signed in PRO on HB 1683.
Concerning the State's Ability to Regulate Certain Industries and Risk Classes to Prevent Musculoskeletal Injuries and Disorders (Substitute Senate Bill 5217)
SSB 5217 repeals the law prohibiting the Department of Labor and Industries (L&I) from adopting rules related to ergonomics or musculoskeletal disorders. The bill limits the adoption of new rules to no more than one set of rules for an industry or risk classification within a 12-month period and only for industries or risk classification where workers' compensation claims involved musculoskeletal injuries and disorders which are at a rate greater than two times the overall state claim rate for these types of injuries and disorders over a recent five-year period. The bill requires L&I, during rule making, to consider including options for an employer to demonstrate alternative control methods and to convene an advisory committee with employer and worker representatives in the impacted industry or rate classification. Lastly, SSB 5217 allows L&I to provide certain funding to employers to purchase additional equipment needed to comply with these newly adopted rules.
The substitute bill also prohibits L&I from adopting emergency rules,, requires L&I to conduct an annual review of the compensable workers' compensation claims data. Finally, when reporting industries and risk classifications eligible for rulemaking, the substitute requires L&I to include ergonomic workers’ compensation claims data for each industry over the five calendar year period that ended two calendar years before the report is published.
WSDA signed in CON on SSB 5217, and the bill passed out of the Senate Labor and Commerce Committee on Feb. 7.
Concerning the Dentist and Dental Hygienist Compact (House Bill 1576)
HB 1576 enacts the Dentist and Dental Hygienist Compact (Compact). The Compact enables licensed dentists and dental hygienists, in good standing, to practice in all states participating in the Compact, rather than having to obtain an individual license in every state in which they want to practice. By passing HB 1576, Washington state would be one of the first states to join the Compact. In order to "activate" the Compact, seven states will need to pass this legislation.
WSDA testified in support of HB 1576 during the bill’s public hearing in the House Postsecondary Education & Workforce Committee on Feb. 8, and testimony can be viewed on TVW [33:33-34:40]. The bill was voted out of the House Postsecondary Education and Workforce Committee on Feb. 10.
Concerning Provider Contract Compensation (House Bill 1655)
HB 1655 requires increases in provider compensation commensurate with increases in the consumer price index for contracts entered into between a health carrier and a health care provider who is not employed or affiliated with a hospital.
HB 1655 does not currently include standalone dental plans and if the bill were to advance WSDA would request a friendly amendment that standalone dental plans be included.
WSDA testified in support of HB 1655 during the bill’s public hearing in the House Health Care & Wellness Committee on Feb. 10, and testimony can be viewed on TVW [1:19:33-1:20:33].
Update on Legislation from Weeks 1-4 Blogs
Concerning Water Systems' Notice to Customers of Public Health Considerations (Substitute House Bill 1251/Senate Bill 5215)
Originally, the bills required a public water system considering discontinuing fluoridation of its water supply to notify its customers of its intentions at least 90 days prior to a vote or decision on the matter as well as disseminate information on the public health impacts of water fluoridation. The bill also provided that a public water system that violated the notification requirements must continue fluoridation until the notification requirements have been satisfied.
A substitute bill, SHB 1251, was introduced and passed out of the House Local Government Committee on Jan. 27. The substitute version removed the requirement that a public water system that considers discontinuing fluoridation of its water supply seek and receive the most current information about the public health impacts of community water fluoridation at least 90 days prior to making the decision on the matter, and that the public water system provide this information to its customers.
Additionally, SHB 1251 was further amended on the floor of the House of Representatives on Feb. 9. Amendments included requiring that a public water system that considers commencing fluoridation of its water supply must also provide notice to customers and to the Department of Health, and requires the fluoridation be returned to its prior level if proper notification is not provided.
SHB 1251 passed out of the House of Representatives, with a vote of 97-0, on Feb. 9, and floor action can be viewed on TVW [6:05-10:55].
Dr. Chris Delecki, former WSDA President, testified in support of SHB 1251 during the bill’s public hearing in the House Local Government Committee on Jan. 24, and Dr. Delecki’s testimony can be viewed on TVW [58:30-1:00:54].
Expanding Access to the Workers' Compensation Stay-At-Work Program Through Off-Site Light Duty Return to Work Opportunities (Substitute Senate Bill 5368)
SSB 5368 expands the Stay at Work Program by allowing employers to offer offsite light duty work with third party nonprofit organizations approved by L&I to injured employees. Currently, frontline workers, particularly in small businesses, are less likely to have access to remote light duty work, which can lead to increased workers’ compensation costs for these employers.
Further, SSB 5368 would be beneficial to WSDA’s Retro program, which provides a no-cost, no-risk way for WSDA member dentists who own dental practices to earn refunds on their workers’ compensation premiums paid to L&I.
SSB 5368 is similar to House Bill 1137, and more information on HB 1137 can be found on the WSDA blog.
A substitute bill, SSB 5368, was introduced and passed out of the Senate Labor & Commerce Committee on Feb. 7. Substantial changes from the original bill to the substitute include limiting the offering of off-site light duty return to work to employers with 100 or fewer employees. Further, under the substitute version, the injured worker does not forfeit any workers’ compensation protections or benefits, and the worker may reject an off-site light duty return-to-work offer for any reason. Finally, the substitute prohibits the injured worker's experience gained through the return to work with the nonprofit from being construed as acquisition of transferable skills and disqualifies the worker from accessing vocational rehabilitation services or other retraining programs.
SSB 5368 passed out of the Senate Labor & Commerce Committee on Feb. 7.
WSDA testified in support of SSB 5368 during the bill’s public hearing in the Senate Labor & Commerce Committee on Feb. 2, and testimony can be viewed on TVW [55:50-58:55].
Questions?
Please contact WSDA at info@wsda.org.
