2023 Legislative Session Update: Week 8 (Feb. 27-March 5)
On March 5, the Legislature passed several dental-specific and workforce bills out of the House of Representatives. During week eight, the Legislature devoted their time to debating and voting bills out of their respective chamber of origin. Bills, with the exception of those necessary to implement the budget, must be voted out of their respective chamber by March 8 in order to stay “alive” and move forward in the legislative process. Below is an update of WSDA’s week eight activities in Olympia.
Update on Legislation from Weeks 1-7 Blogs
Preventing Use of Vapor and Tobacco Products by Minors (Engrossed Substitute Senate Bill 5365)
ESSB 5365 increases the maximum monetary penalties the Liquor and Cannabis Board (LCB) may impose against cigarette and tobacco product retailer licensees and vapor product retailer licensees for violating provisions related to the selling or giving cigarette, tobacco, or vapor products to minors. The engrossed substitute bill limits the provisions when detaining minors to determining their identity and age and seizing the vapor or tobacco products. Further, this is limited to LCB enforcement officers, not peace officers, and this detainment may only occur within 100 feet or less of a retailer licensee. Lastly, an amendment adopted on the Senate floor modifies the sanctions and fines when a person under 18 purchases or possess cigarette, tobacco or vapor products to participation in up to four hours of community service and referral to a smoking cessation program at no cost to the individual.
ESSB 5365 passed out of the Senate — with a vote of 29 yeas, 19 nays, and 1 excused — on Feb. 28, and floor action can be viewed on TVW [2:10:55-2:20:42].
WSDA signed in PRO on ESSB 5365.
Concerning the State's Ability to Regulate Certain Industries and Risk Classes to Prevent Musculoskeletal Injuries and Disorders (Engrossed Substitute Senate Bill 5217)
ESSB 5217 repeals the law prohibiting the Department of Labor and Industries (L&I) from adopting rules related to ergonomics or musculoskeletal disorders.
On March 1, the Senate adopted floor amendments significantly modifying ESSB 5217. The amended bill provides that the rules apply to an establishment engaged in activities as defined by the industry or risk classification. Further, amendments require L&I, when selecting an industry or risk classification from the list for potential rulemaking, to consider if the industry is demonstrating a statistical downward trend in the claims rates that is greater than the statewide average. Amendments also require L&I to annually identify a list of industries or risk classes most likely to be selected for future rule making and prioritize efforts to provide technical assistance to those employers.
Additional amendments provide that when adopting rules by risk classification at the four-digit level, L&I must exclude six-digit risk classifications within the four-digit level if they have a musculoskeletal injuries and disorders rate less than two times the overall state rate for musculoskeletal injuries and disorders over a recent five-year period. L&I must also publish information to identify low priority industries and risk classifications for whom the statistical trend suggests the industry or risk classification will have a rate lower than two times the state average in the next three years. Under the engrossed version of the bill, L&I must provide up to three additional ergonomists, funded from the accident and medical aid funds, to provide consultation to employers in the industries and risk classifications in the published list. Lastly, the amended bill provides that no rule shall be effective prior to July 1, 2026.
ESSB 5217 passed out of the Senate — with a vote of 27 yeas, 21 nays, and 1 excused — on March 1, and floor action can be viewed on TVW [1:16:21-2:51:05].
WSDA signed in CON on ESSB 5217.
Currently Credentialed Dental Auxiliaries (Engrossed Substitute House Bill 1466)
ESHB 1466 aims to make it easier and faster for in state and out-of-state dental hygienists, in good standing, to obtain a Washington license and start providing preventive care sooner. Amendments adopted in the House Health Care & Wellness Committee on Feb. 17 significantly narrowed the bill. The amended bill removes all provisions related to creating endorsements for local anesthesia, nitrous sedation, and restorative procedures. ESHB 1466 does retain provisions that rename the limited license as a temporary license, remove the active practice requirement, and remove the AIDS education requirements for obtaining a temporary license. Lastly, the House of Representatives adopted a floor amendment modifying the temporary license by extending the term of the initial temporary license from three years to five years. WSDA believes this extension will be beneficial to out-of-state hygienists wanting to practice in our state and believes there could be future opportunities to further expand this licensure period.
ESHB 1466 passed out of the House of Representatives unanimously — with 3 excused — on March 5, and floor action can be viewed on TVW [3:11:47-3:14:53].
ESHB 1466 passed out of the House Health Care & Wellness Committee on Feb. 17, and executive session can be viewed on TVW [2:36-3:47 and 14:40-17:29].
WSDA, Delta Dental of Washington, and member dentists testified in support of ESHB 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)].
Concerning the Dentist and Dental Hygienist Compact (Engrossed Substitute House Bill 1576)
ESHB 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 ESHB 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. In addition, the House of Representatives adopted a floor amendment aligning language in ESHB 1576 with the final Compact language.
ESHB 1576 passed out of the House of Representatives unanimously — with 3 excused — on March 5, and floor action can be viewed on TVW [3:14:54-3:18:37].
WSDA testified in support of ESHB 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.
Establishing and Authorizing the Profession of Dental Therapy (Engrossed Substitute House Bill 1678)
ESHB 1678, this year’s dental therapy bill, authorizes dental therapists to work in FQHCs and FQHC Look-Alikes in Washington state. An FQHC Look-Alike is an organization that meets all of the eligibility requirements of an FQHC that receives a PHS Section 330 grant, but does not receive grant funding.
There were several amendments adopted in Committee as well as on the House floor, and a chart reviewing the differences between the current version of the bill and the bill originally introduced can be viewed here. WSDA remains opposed to ESHB 1678 as it still contains several provisions that raise concerns about patient safety and quality of care.
Thank you to those who were able to participate in the WSDA campaign this past Saturday evening to contact your legislators in opposition to ESHB 1678. We understand it was last minute. Additionally, we understand some members experienced technical issues with the platform, and we are working with the vendor to resolve this issue.
ESHB 1678 passed out of the House of Representatives — with a vote of 53 yeas, 42 nays, and 3 excused — on March 5, and floor action can be viewed on TVW [3:18:38-4:38:03].
ESHB 1678 passed out of the House Appropriations Committee with a do pass recommendation on Feb. 23, and executive session can be viewed on TVW [5:36:17:17-5:41:10]. ESHB 1678 received 17 ay votes, 12 nay votes, one nay without recommendation vote, and one representative was excused. WSDA testified in opposition of ESHB 1678 during the bill’s public hearing in the House Appropriations Committee on Feb. 22, and testimony can be viewed on TVW [1:57:10-1:58:03].
ESHB 1678 passed out of the House Health Care & Wellness Committee on Feb. 17, and executive session can be viewed on TVW [4:31-7:30 and 20:21-44:05].
WSDA and member dentists testified in opposition of ESHB 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 (Substitute House Bill 1683)
SHB 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.
SHB 1683 passed out of the House of Representatives unanimously — with 3 excused — on March 5, and floor action can be viewed on TVW [4:38:04-4:40:51].
SHB 1683 was voted out of the House Health Care and Wellness Committee on Feb. 10.
WSDA signed in PRO on HB 1683.
Upcoming Hearings
House Bill 1287, which removes the requirement for hygienists seeking initial licensure in Washington state to have worked 560 hours over the past 24 consecutive months, is scheduled for public hearing in the Senate Health & Long Term Care Committee on March 9. More information on HB 1287 can be found on the WSDA blog.
Engrossed Substitute House Bill 1251, which requires a public water system considering commencing or discontinuing fluoridation of its water supply to notify its customers and the Department of Health of its intentions at least 90 days prior to a vote or decision on the matter, is scheduled for public hearing in the Senate Health & Long Term Care Committee on March 10. More information on ESHB 1251 can be found on the WSDA blog.
Questions?
Please contact WSDA at info@wsda.org.
