Council on Government Relations
June 8, 2010
Meeting
PresentAbsent
Dr. Andrew Mramor (1)Dr. Lawrence Shire (3)
Dr. Donald Gordon (2)
Dr. Daniel Martel (4)Staff/Consultants
Dr. Larry Pepper (5), Vice ChairMarisa Swarney, director, government
Dr. Andrew Matta (9)relations
Dr. Herbert Ray (10), Chair & ADA Liaison
Dr. D. Scott Aldinger (3), Trustee Liaison
Mrs. Judith Worsley, APDA
Welcome/Chair’s Remarks
Dr. Herb Ray introduced new members of the committee and thanked all members for attending Day on the Hill and the committee meeting.
Approval of Minutes
The minutes from the February 10, 2010, conference call was unanimously approved.
Legislative Update
Amalgam—State Level
Ms. Swarney provided an update on amalgam-related issues at the state level.
- Sen. Daylin Leach (D-Montgomery) and Rep. Matthew Bradford (D-Montgomery) both introduced legislation requiring the Department of Health, in consultation with the Department of Environmental Protection, to create a patient education brochure concerning mercury in amalgam fillings, the related concerns, and tooth care to prevent cavities. All dental offices would be required to make the brochure available and patients would sign a form indicating that the brochure was made available.
- PDA’s policy was reaffirmed after the Federal Drug Administration released a statement in July 2009 reclassifying dental amalgam, while also declaring that, “while elemental mercury has been associated with adverse health effects at high exposures, the levels released by dental amalgam fillings are not high enough to cause harm in patients.”
- PDA first sent a letter to all committee members expressing opposition to HB 939, as well as an action alert targeting PDA members who live in the committee members' districts. PDA’s lobbyists met with staff and legislators to communicate PDA’s position in an effort to keep the bill contained and "kill" the bill in committee.
- Rep. Bradford twice asked that his bill be removed from the Committee’s consideration so that he had the opportunity to hear PDA’s concerns. Chairman Frank Oliver (D-Philadelphia) pulled the bill from his Committee’s agendas.
Amalgam—Philadelphia City Council
With advice and assistance though the ADA’s State Public Affairs Program, PDA is currently working with the Philadelphia Board of Health to revise the brochure it adopted in 2008 on restorative options. Philadelphia dentists must disseminate this “information sheet” to those patients who need restorative care.
Dr. Mramor and Dr. Peter Carroll testified before the Board of Health in May. Since then, the anti-amalgam organization, Consumers for Dental Choice, has launched a public relations campaign besmirching PDA’s position on amalgam issues.
Dr. Ray reported that the ADA’s memorandum of understanding with the United States Environmental Protection Agency (EPA) allowing for the voluntary installation of amalgam separators is about to expire. The ADA believes that the EPA may soon implement a policy requiring most dentists to install amalgam separators.
HB 2326: Providing for certified dental assistants
Rep. Nick Kotik (D-Allegheny) introduced HB 2326, which allows dental assistants to obtain certification to practice as certified dental assistants (CDAs) by taking the dental assisting national boards (DANB). HB 2326 has not garnered much attention this session due to the focus given to passing HB 602, the expanded function dental assistant legislation, and will need to be reintroduced next session. HB 2326 will allow CDAs to perform coronal polishing, apply fluoride agents and take impressions of teeth for athletic appliances.
HB 2509: Assignment of Benefits
Rep. Thomas Murt (R-Montgomery) introduced HB 2509, which requires insurers to assign benefits directly to the dentist even if he or she is not a participating provider in its plan. HB 2509 was assigned to the House Insurance Committee and has not received any consideration to date.
HB 2510: Non-Covered Services
Rep. Thomas Murt (R-Montgomery) also introduced HB 2510, legislation to prohibit insurers from capping non-covered services. However, PDA does not believe HB 2510 contains the language necessary to prohibit this insurance practice and prefers to advocate in support of Sen. Kim Ward’s (R-Westmoreland) legislation prohibiting insurers from capping non-covered services. PDA will continue lobbying for the passage of SB 1222, rather than HB 2510.
The Banking and Insurance Committee voted to move SB 1222 out of its committee. Sen. Jake Corman (R-Centre), chair of the Senate Appropriations Committee, expressed his desire to amend SB 1222 to include language about how much dentists may charge patients when they exhaust their maximum allowance in a given year. PDA will meet with Sen. Corman to discuss his concerns.
The committee directed staff to email PDA’s bill tracking report to the committee on a weekly basis while the Pennsylvania General Assembly is in session. (06/10CGRDA1)
Regulatory Update
Dr. Ray reported that Dr. John Reitz will end his term as chair of the State Board of Dentistry (SBOD) this year.
Anesthesia Regulations
The SBOD is finalizing regulations for anesthesia permit holders that revise the definitions of anesthesia to include mild and moderate sedation.
Teeth Whitening and Botox Policy Statements
The SBOD is finalizing policy statements that will define teeth whitening applications and botox and dermal filler injections in the facial region as the practice of dentistry.
ADA Update
Dr. Ray reported that the ADA is strongly lobbying for the repeal of the McCarran-Ferguson Act, which allows insurance companies to collude, make policy and set reimbursement fees collectively. Dentists and other health care providers are currently prohibited from banding together to discuss and set fees for dental procedures. Repealing the McCarran-Ferguson Act will help to level the playing field for health care providers.
The Federal Trade Commission has once again delayed implementation of the Red Flag Rules until December 31 until Congress has the opportunity discuss whether to exempt certain businesses, including dental offices, from these requirements.
PADPAC Update
The committee recommended strongly promoting the member-only PADPAC reception at Annual Session. Ideas include:
- Send a PADPAC donation form to all delegates/alternates prior to Annual Session to encourage contributions and attendance at the reception
- Send a notice via email or social networking to all delegates/alternates prior to Annual Session
- Include PADPAC donation form with the Annual Session registration form
- Include a check-off box for the PADPAC reception on the Annual Session registration form that includes a sign-up for all other dinners and events
New Business
The committee discussed the SBOD’s adjudication process as it relates to dental licensees who are arrested for drunken driving.
Staff will consult with Camille Kostelac-Cherry, chief executive officer, and Tom Weber, PDA’s legal counsel, to determine whether members should be advised about the State Board of Dentistry’s adjudication process for drunken driving incidents, and other serious infractions, in the Pennsylvania Dental Journal. (6/10CGRDA2)
The committee scheduled a conference call for Thursday, October 21, 2010, from 12:00-1:00 p.m.
The meeting adjourned at 3:58 p.m.