2023 Legislative Session Update: Week 11 (March 20-26)
On March 21, several dental workforce bills had a public hearing in the Senate Health & Long Term Care Committee and subsequently passed out of the Committee on March 23. ESHB 1466 (Initial Limited Hygiene Licensure), ESHB 1576 (Dentist and Dental Hygienist Compact), and ESHB 1678 (Dental Therapy) will now head to the Rules Committee where the bills will wait to be pulled to the Senate floor for a vote.
The Legislature will continue to devote most of its time to Committee work until opposite house policy cutoff on March 29. Below is an update on WSDA’s week 11 activities in Olympia.
Establishing a State Medical Reserve Corps (Second Substitute House Bill 1452)
SSB 1452 establishes a State Emergency Medical Reserve Corps (Emergency MRC) within the Department of Health (DOH) to serve under the Secretary of Health when an emergency is declared, and also when there is not an emergency, but the protection of public health requires the mobilization of the State Emergency MRC. To become a health practitioner member, SSB 1452 requires that a member must pass a background check and be licensed in good standing. Health practitioner members may include dentists.
SSB 1452 requires when the services have not been requested by a health care entity, the DOH may enter into a cost-sharing or billing agreement with a health care entity that is receiving services from the deployment. When the services are requested, the DOH must charge the health care entity. Lastly, the DOH may seek federal or private funding to support the costs of deployments of the State Emergency MRC under SSB 1452.
SSB 1452 had a public hearing in the Senate Ways & Means Committee on March 23, and testimony can be viewed on TVW [58:28-1:03:23].
WSDA signed in PRO on SSB 1452.
Establishing a Business and Occupation Tax Credit for Employers Who Provide Childcare Assistance to Employees (House Bill 1716)
HB 1716 establishes a business and occupation (B&O) tax credit for businesses that provide childcare assistance to employees. Under the bill, the tax credit would become effective January 1, 2026, and equal all costs related to providing childcare assistance to employees. HB 1716 defines "childcare assistance" as any portion of the employee's salary or wage that is provided by the employer to the employee to be used to offset the employee's expenses related to childcare, including tuition. In addition, the bill requires the Department of Revenue to provide a report by January 1, 2025, to the Legislature that includes information on the number of businesses in the state that provide childcare assistance to their employees, the estimated cost of the credit once implemented, and an implementation plan for the administration of the credit. Lastly, the tax credit has an expiration date of January 1, 2034. If a review finds that the tax preference increases the number of businesses in the state that provide childcare assistance for employees by at least 15 percent, then the Legislature intends to extend the expiration date of this tax preference.
HB 1716 had a public hearing in the House Finance Committee on March 23, and testimony can be viewed on TVW [0:00-14:11].
WSDA signed in PRO on HB 1716.
Update on Legislation from Weeks 1-10 Blogs
Military Spouse Employment (Second Substitute House Bill 1009)
2SHB 1009 establishes that a licensing authority must issue a license or a temporary license to a military spouse within 30 days of receipt of a completed application for licensure. The second substitute defines military spouse as “any person married or previously married to a military service member, irrespective of the length of the marriage, during the military service member's service in any branch of the United States armed forces as an active-duty service member, reservist, or national guard member.” 2SHB 1009 requires certain state agencies, including the Department of Health and Department of Licensing, to establish a military spouse assistance webpage. The bill encourages licensing authorities to review their licensing application process for military spouses, identify barriers to military spouse employment, and appoint a military spouse to serve on their licensing board or commission. Finally, 2SHB 1009 allows a military spouse to terminate an employment contract without penalty after his or her service member spouse receives orders for a permanent change of station.
2SHB 1009 passed out of the Senate Labor and Commerce Committee with a do pass recommendation on March 20, and executive session can be viewed on TVW [1:12:13-1:15:45 and 1:18:15-1:19:50].
2SHB 1009 had a public hearing in the Senate Labor & Commerce Committee on March 13, and testimony can be viewed on TVW [16:58-23:39 and 56:56-1:07:48].
2SHB 1009 passed out of the House of Representatives unanimously on Feb. 15, and floor action can be viewed on TVW [14:43-19:25].
WSDA signed in PRO on 2SHB 1009.
Currently Credentialed Dental Auxiliaries (Engrossed Substitute House Bill 1466)
ESHB 1466 modifies the initial limited license for dental hygienists by extending the expiration from 18 months to 5 years. This extension gives hygienists more time to complete our state’s additional educational requirements while being able to provide much needed preventive care. Currently, out-of-state applicants are facing challenges completing these requirements within the 18-month timeframe due to a lack of both program offerings and hygiene educators.
An amendment adopted in the Senate Health & Long Term Care Committee on March 23 requires the Secretary of Health to issue a temporary license to all dental hygienists with an active initial limited license that is valid five years after the initial limited license was issued.
ESHB 1466 passed out of the Senate Health & Long Term Care Committee unanimously with a due pass recommendation on March 23, and executive session can be viewed on TVW [41:40-42:17 and 55:14-55:48].
WSDA, Delta Dental of Washington (DDWA), and the Washington Dental Hygienists’ Association testified in support of ESHB 1466 during the bill’s public hearing in the Senate Health & Long Term Care Committee on March 21, and testimonies can be viewed on TVW [Emily Lovell (21:52-23:35), Diane Oakes (23:35-26:30), and Melissa Johnson (20:41-21:51)].
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, DDWA, 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. Further an amendment adopted in the Senate Health & Long Term Care Committee on March 23 corrects a clerical error.
ESHB 1576 passed out of the Senate Health & Long Term Care Committee unanimously with a do pass recommendation on March 23, and executive session can be viewed on TVW [42:18-42:45 and 55:49-56:27].
WSDA testified in support of ESHB 1576 during the bill’s public hearing in the Senate Health & Long Term Care Committee on March 21, and testimony can be viewed on TVW [11:35-15:46 and 26:37-39:00].
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].
ESHB 1576 was voted out of the House Postsecondary Education and Workforce Committee with a do pass recommendation on Feb. 10.
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].
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, such as allowing dental therapists to perform irreversible procedures and allowing such procedures to be performed under general supervision.
ESHB 1678 passed out of the Senate Health & Long Term Care Committee with a do pass recommendation on March 23, and executive session can be viewed on TVW [40:32-40:51 and 56:27-1:03:15]. ESHB 1678 received eight do pass votes and two referred without recommendation votes.
WSDA and member dentists testified in opposition of ESHB 1678 during the bill’s public hearing in the Senate Health & Long Term Care Committee on March 21, and testimonies can be viewed on TVW [Bracken Killpack (55:52-1:08:26), Dr. Mark Koday (1:16:37-1:19:00), Dr. Linda Edgar (1:19:01-1:21:23), and Dr. Saif Matti (1:21:24-1:23:42)].
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 yea 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. An amendment adopted in the Senate Health & Long Term Care Committee on March 23 makes technical definition changes to align with existing statutes.
SHB 1683 passed out of the Senate Health & Long Term Care Committee unanimously with a do pass recommendation on March 23, and executive session can be viewed on TVW [44:09-44:33 and 54:34-55:13].
SHB 1683 had a public hearing in the Senate Health & Long Term Care Committee on March 21, and testimony can be viewed on TVW [1:42:21-1:48:57].
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.
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, determining their 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 possesses 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.
Amendments adopted in the House Regulated Substances & Gaming Committee on March 23, limit the authority for a LCB enforcement officer to detain a person for an infraction to persons physically located within 100 feet of a tobacco or vapor products retailer who were observed by the officer purchasing or attempting to purchase such products. A further amendment clarifies the requirement that for any citations issued for a civil infraction related to such products, an enforcement officer must collect demographic data, to be compiled by the LCB and reported to the Legislature. Finally, the House Regulated Substance & Gaming Committee added an amendment clarifying that ESSB 5365 is not to be interpreted to limit the ability of a peace officer or an enforcement officer to enforce the law prohibiting the selling or giving of tobacco products to a person under 21 years of age.
ESSB 5365 passed out of the House Regulated Substances & Gaming Committee with a do pass as amended recommendation on March 23, and executive session can be viewed on TVW [3:18-5:08 and 16:13-24:20].
ESSB 5365 had a public hearing in the House Regulated Substances & Gaming Committee on March 16, and testimony can be viewed on TVW [0:00-48:10].
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 Injured Workers’ Rights During Compelled Medical Examinations (Substitute House Bill 1068)
SHB 1068 allows an injured worker to make an audio and video recording of an independent medical examination, and also allows one person of the worker’s choosing to be present during the examination— with the exception that the guest is not the worker’s legal representative. The substitute bill specifies that the worker may not hold the recording equipment while the examination is occurring and that the third-party observer may not be an employee of the worker’s legal representative, the worker’s attending provider, or the attending provider’s employee.
Amendments adopted in the Senate Labor & Commerce Committee on March 23 remove the prohibition on recording neuropsychological exams and prohibit the worker from materially altering the recording or posting it to social media.
SHB 1068 passed out of the Senate Labor & Commerce Committee on March 23, and executive session can be viewed on TVW [2:45-4:28 and 14:05-23:03].
SHB 1068 had a public hearing in the Senate Labor & Commerce Committee on March 14, and testimony can be viewed on TVW [1:20-2:53, 6:42-8:05, and 15:09-1:02:15].
SHB 1068 passed out of the House of Representatives – with a vote of 65 yeas and 33 nays – on Feb. 15, and floor action can be viewed on TVW [5:35-14:42].
WSDA signed in CON on SHB 1068.
Questions?
Please contact WSDA at info@wsda.org.
