HOUSE BILL REPORT

HB 1364

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by House Committee On:

Health Care & Wellness

Title: An act relating to increasing access to oral health care.

Brief Description: Establishing the practice of dental therapy.

Sponsors: Representatives Cody, Macri, Clibborn, Pettigrew, Farrell, Stonier, Jinkins, Kagi, Fitzgibbon, Gregerson, Tharinger, Robinson, Appleton and Kloba.

Brief History:

Committee Activity:

Health Care & Wellness: 1/27/17, 2/17/17 [DPS].

Brief Summary of Substitute Bill

  • Creates a licensing program for dental therapists.

HOUSE COMMITTEE ON HEALTH CARE & WELLNESS

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 9 members: Representatives Cody, Chair; Macri, Vice Chair; Clibborn, Jinkins, Riccelli, Robinson, Slatter, Stonier and Tharinger.

Minority Report: Do not pass. Signed by 7 members: Representatives Schmick, Ranking Minority Member; Graves, Assistant Ranking Minority Member; Caldier, Harris, MacEwen, Maycumber and Rodne.

Minority Report: Without recommendation. Signed by 1 member: Representative DeBolt.

Staff: Jim Morishima (786-7191).

Background:

A variety of credentialed providers provide assistance to licensed dentists. For example:

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Summary of Substitute Bill:

A person may not practice dental therapy or represent himself or herself as a dental therapist without being licensed by the Dental Quality Assurance Commission. A dental therapist must meet the following qualifications for licensure:

A dental therapist may perform the following services and procedures:

A dental therapist must practice pursuant to a written practice plan contract with a dentist. The contract must be signed and maintained by both the contracting dentist and the dental therapist, be submitted to the Department of Health (DOH) annually, and be made available at the practice of the dental therapist. The contract must specify:

A contracting dentist must make arrangements for the provision of advanced procedures and services needed by the patient or any treatment that exceeds the dental therapist's scope of practice or capabilities. The contracting dentist must also ensure that he or she, or another dentist, is available for instant communication during treatment. A dentist may enter into a practice plan contract with no more than five dental therapists at any one time.

A dental therapist may only provide services and procedures under the off-site supervision of the contracting dentist, who must accept responsibility for all of the services and procedures provided by the dental therapist. A contracting dentist who knowingly allows a dental therapist to perform services or procedures that are not authorized in the collaborative agreement, or any dental therapist who performs such service or procedures, commits unprofessional conduct for purposes of the Uniform Disciplinary Act.

Until December 31, 2021, a dental therapist may only practice in a federally qualified health center, a community health clinic, or a rural health clinic. Beginning January 1, 2022, a dental therapist may practice only in:

Substitute Bill Compared to Original Bill:

The substitute bill limits dental therapists to federally qualified health centers, community health clinics, and rural health clinics until December 31, 2021. The substitute bill also removes provisions relating to dental health aide therapists.

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Appropriation: None.

Fiscal Note: Available.

Effective Date of Substitute Bill: The bill takes effect on January 1, 2018.

Staff Summary of Public Testimony:

(In support) Dental care is just as essential as medical care. Lack of dental care can lead to illness, missed work, and missed school days. People with lower incomes often find it difficult to access a dentist, sometimes waiting for hours in the rain for a free clinic. Dental therapists are safe and effective members of the oral health care team. They can be trained in less time than a dentist, because they learn fewer procedures. All published evidence shows that dental therapists provide safe, quality, and effective care. Dental therapy programs in other states and nations have been successful. Dental therapists work in rural areas and treat underserved populations. Dental therapists achieve the triple aim of health care. Curricula to train dental therapists are ready to go. Prevention will help avoid severe hospital costs down the line. Dental therapists help patients avoid the emergency department, which often does not treat the underlying condition leading to repeated visits. Dental therapy would facilitate tele-dentistry in rural areas. There is a similar relationship between a dentist and dental therapist as exists between a physician and a physician assistant. Dental therapists will work under the supervision of a dentist and are not out practicing by themselves. This bill will reduce inequities in the provision of health care and treat people who do not presently have dental care with the respect that is due to them.

(Opposed) Washington already has a strong safety net for children. There are already resources available to help connect people without dental care with a dentist. Many dentists accept Medicaid and provide a lot of preventive care for children. Dental therapists look good on paper, but are not the solution—they are not reaching the populations they are designed to serve in other states. Countries that have dental therapy programs treat fewer kids than Washington does now without a dental therapy program. Studies from other states about the effectiveness of dental therapists are inaccurate. Higher Medicaid reimbursement rates will lead to more low-income patients being treated. Programs encouraging dentists to practice in rural areas, like residencies, are effective in getting dentists to work in underserved areas. Low-income people often have extensive dental needs, which are outside the scope of practice of dental therapists. People with access to care issues need professionals with more training, not less.

Persons Testifying: (In support) Frank Catalanotto, University of Florida; Cecilia Bacca, Washington State Dental Hygienists Association; Natasha Fecteau; and Lois Thetford, University of Washington.

(Opposed) Carrie Telleson, Washington State Dental Association; Christopher Herzog, The Children's Choice Pediatric Dentistry; and Salma Helal, Seattle Special Care Dentistry.

Persons Signed In To Testify But Not Testifying: None.