Government Relations Committee

October 21, 2010

Page 1 of 5

Council on Government Relations

Conference Call

October 21, 2010

Minutes

PRESENTABSENT

Dr. Herbert Ray (10),ChairDr. Daniel Martel (4)

Dr. Andrew Mramor (1)Dr. Andrew Matta (9)

Dr. Donald Gordon (2)Dr. Larry Pepper (5)

Dr. Lawrence Shire (3)

Dr. Scott Aldinger (3), T/L

Mrs. Judith Worsley (2), APDA

CONSULTANTS/STAFF

Peg Moyer, The Winter Group

Hope Swenson, The Winter Group

Marisa Swarney, director government relations

Donald Smith, III, government relations coordinator

Welcome/Chair’s Remarks

Dr. Herbert Ray thanked the members for participating in the conference call.

Legislative Update

Ms. Peg Moyer reported on the following:

  • HB 602, expanding the scope of practice for expanded function dental assistants (EFDAs), passed the legislature. EFDAs may now perform coronal polishing, fluoride applications and take impressions of teeth for athletic appliances.
  • HB 1482, requiring health care professionals to wear identification badges, passed the legislature. PDA was successful in lobbying for an exemption of the dental profession.
  • SB 1222, prohibiting insurers from capping non-covered services, was pulled from the Senate calendar. Sen. Corman (R-Centre), chair of the Appropriations Committee, asked PDA to compromise and accept language that would prohibit dentists from charging their usual fees on covered services once a patient has met his or her maximum allowance. PDA agreed to the compromise but Senate Leadership would not schedule the bill for a vote before session ended. Ms. Moyer recommends introducing legislation in both the House of Representatives and Senate next session.
  • HB 2864, amending Act 160 to give more time to foreign-trained dentists to obtain their license while teaching at a dental school, died in the House Professional Licensure Committee. This legislation would allow those dentists who graduated from a CODA-accredited school unlimited renewals of their teaching license until they obtain their regular license. Those dentists who did not graduate from a CODA-accredited school would have to obtain their regular license within six years of teaching at a dental school. The House Professional Licensure Committee pulled the bill from a vote due to a lack of consensus from stakeholders on its provisions.
  • HB 1572, providing for healthy beverage and snacks in schools, passed the House of Representatives in October. This legislation mirrors draft Department of Education regulations.
  • HB 1049, requiring insurers to cover all associated medical expenses when administering general anesthesia to children seven years of age and younger and special needs patients. This legislation passed the House Insurance Committee but died in the Appropriations Committee. Ms. Moyer is hopeful the elections will result in a change of chairmanship next session, which may result in a vote that moves the bill to the full House of Representatives for a vote.
  • Liability insurance legislation, requiring all dentists to purchase malpractice insurance, was drafted and will be introduced next session. Rep. David Kessler (D-Berks) introduced this legislation at the request of a constituent who filed a lawsuit against a dentist who did not carry liability insurance. The committee remarked that legislation should exempt all retired dentists who simply maintain their dental licenses, and possibly include an exemption for any dentist who are covered by a clinic or other dental facility.
  • Reimbursing medical assistance providers (MA) legislation, requiring the Department of Public Welfare (DPW) to reimburse MA providers within the same timeframe as required by managed care organizations. Rep. Kerry Benninghoff (R-Centre) will introduce this bill next session.

Ms. Moyer commented that Mr. Arthur McNulty, executive director of the House Insurance Committee, requested a meeting to discuss all of PDA’s legislative priorities. She will schedule a meeting with Mr. McNulty and Dr. Spruill before January. (10/10CGRDA1)

The committee had a preliminary discussion on prioritizing PDA’s legislative initiatives for the 2011/12 session and agreed to forward its recommendations to the Board of Trustees for its November 20, 2010, meeting. Staff will post a list of PDA’s past and present legislative issues on the committee’s social networking website, with a request that members rank each issue in order of importance. Staff will forward the results to the Board of Trustees for consideration. (10/10CGRDA2)

Staff will send an email to PDA members encouraging them to volunteer for a local candidate’s election campaign either before the election or on Election Day. Staff will also encourage members to volunteer PDA as a resource on all dental-related issues. (10/10CGRDA3)

Regulatory Update

Dr. Ray reported on the following:

  • Teeth Whitening Policy Statement: The Federal Trade Commission filed a lawsuit against the North Carolina Dental Board, claiming that the board's policy defining teeth whitening solely as the practice of dentistry resulted in restraint of trade. The suit was filed after the board had sent letters to owners of teeth whitening kiosks and other similar businesses stating that they were illegally practicing dentistry. Cynthia Montgomery, regulatory counsel for the State Board of Dentistry (SBOD), is recommending that it hold off on enacting its own policy statement until the federal lawsuit is settled.
  • Botox/Dermal Fillers Injection Policy Statement: The Department of State's legal office noted that the SBOD's proposed policy statement defining the administration of botox/dermal fillers as the practice of dentistry if applied to the area of teeth, jaw and associated structures, is in direct conflict with the Board of Medicine's policy, which defines the administration of botox/dermal fillers solely as the practice of medicine. Ms. Montgomery stated that this problem must be worked out internally before the SBOD's policy can be approved. She noted that though there is nothing in the SBOD's regulations expressly prohibiting or allowing dentists to administer botox/dermal fillers, dentists who choose to do so may be subject to the existing regulations under the Board of Medicine. To date, no cases have been brought before the medical board.
  • EFDA Continuing Education: In response to the passage of HB 602, the SBOD promulgated draft regulations that would require EFDAs to take three hours of continuing education in coronal polishing. EFDA programs will now incorporate curriculum on these new tasks. These regulations have not yet been approved.
  • Ownership of Dental Practices: The SBOD is still considering regulations that would regulate the operation of dental practices and mobile dental units. There is a concern that mobile dental vans are not providing a dental home for patients and neglecting the follow-up care that they often need.
  • Dr. Philip Siegel was elected chair, replacing Dr. John Reitz.Ms. Mariellen Brickley-Raab, RDH, was re-elected secretary.

American Dental Association (ADA) Update

Dr. Ray reported on the following:

  • The ADA passed a resolution that supports legislation prohibiting insurers from capping non-covered service or any service provided after patients have met their maximum allowance. This resolution passed in response to many states’ concerns that the ADA was undercutting their legislative efforts by supporting model legislation from the National Conference of Insurance Legislators that includes a provision requiring dentists to charge the insurer’s reduced fee for a covered service after patients reached their maximum allowance. The new ADA resolution should strengthen PDA’s efforts to pass legislation that mirrors SB 1222 before it was amended.
  • The ADA passed a resolution authorizing the Council on Government Affairs to negotiate with the United State Environmental Protection Agency to require most dentists to install amalgam separators, in exchange for not requiring dentists to conduct costly tests on their water lines.
  • The ADA also approved funding to hire a lobbying firm with experience lobbying federal agencies. This firm will be tasked with representing the ADA on federal health care reform legislation at the regulatory level.
  • The ADA reduced funding for the State Public Affairs Program, of which PDA is a participant. PDA will submit its application by October 29, 2010, for funding in 2011. States who are facing challenges with mid-level provider initiatives will take precedent.

PADPAC Report

Mr. Donald Smith reported on the following:

  • In 2010, the PADPAC board spent approximately $92,510 of its $149,750 budget. Dr. William Spruill, PDA President and other members, as well as PDA’s lobbyists and staff, attended fundraisers in Harrisburg and in legislative districts.
  • For 2011, the PADPAC board increased funding for each district to host PADPAC-related events from $500 to $2,000, plus 10 percent of the district’s soft dollar contribution.
  • PADPAC’s 2011 fundraising goal is $200,000.
  • The Philadelphia County Dental Society attempted to arrange a dinner with Rep. Dwight Evans (D-Philadelphia), chair of the House Appropriations Committee, but Mr. Evans did not respond to the request.
  • Second District scheduled a dinner with Rep. William Adolph (R-Delaware), who will most likely be chair of the House Appropriations Committee in 2011. The members in attendance include Dr. Richard Clark, III, Dr. Donald Gordon, Dr. Joseph Lamb and Dr. John Radomile.
  • The Dental Society of Western Pennsylvania is considering funding an event for students from the University of Pittsburgh’s dental school to raise student membership for ADPAC and PADPAC.
  • Fifth District invited legislators to the Harrisburg Area Dental Society’s annual Casino Night on September 11. Rep. Sue Helm (R-Dauphin) attended.
  • Staff is developing an online newsletter for PADPAC members only. The first edition will be sent in January 2011.

New Business

Day on the Hill is scheduled for June 14, 2011.

The committee scheduled its meeting for June 14, 2011, at 2:00 p.m., in conjunction with Day on the Hill.

The committee scheduled its conference call for February 17, 2011, from 12:00-1:00 p.m. Dr. Ray reminded the committee to be prepared to elect a new chair and vice chair during this conference call.

The conference call adjourned at 1:04 p.m.

I:worddoc\Marisa\councilongovernmentrelations\meetings\minutes_oct10.doc