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Minutes for SB121 - Committee on Public Health and Welfare

Short Title

Updating certain provisions of the Kansas dental practice act.

Minutes Content for Tue, Jan 25, 2022

Chairperson Hilderbrand opened the hearing on SB121.

Jenna Moyer, Staff Revisor gave a brief overview of the bill.

Kevin Robertson stated in his proponent testimony that SB121 amends the dental practice act in three ways:

  • Codifies the recognized standard of care regarding orthodontic treatment by requiring any and all dentists who are performing orthodontic procedures to provide a patient exam, including review of the patient's recent diagnostic x-ray before diagnosing and treating the patient.
  • Requires any dentist who treats any patient outside a dental office for any reason to provide that patient with emergency contact information.
  • Prohibits any dentist from requiring a patient to sign an agreement limiting their ability to file a complaint with the Kansas Dental Board.

He closed by saying that there is room for traditional dental practices and other dental delivery models to coexist - if the standard of care is followed to ensure patient's rights and that health and safety is a priority. (Attachment 1)

Gianna Nawrock testified as a proponent of SB121 and stated that orthodontic treatment is a complex biological process and not just  a cosmetic procedure. Orthodontic treatment involves the process of moving teeth and required a trained orthodontist or dentist to have all necessary information at their disposal, which can only be gained through a physical examination. SB121 ensures that patients are aware of who their treating dentist is at all times. SB121 allows telehealth advancements to continue to grow in a thoughtful way, while still maintaining a standard of care that is in the best interest of the health and safety of Kansas patients. (Attachment 2)

Steven Hechler said in his proponent testimony that he and his orthodontist colleagues in Kansas feel the patients of Kansas deserve an expected standard of care when considering orthodontic tooth movement. Routine oral exams and current x-rays are necessary to be certain there is no decay gum and bone disease or tooth rot resorption. Periodic ongoing appointments during treatment in the dentist/orthodontist's office are needed to monitor the progress and make sure none of the aforementioned problems arise during treatment.  (Attachment 3)

Questions were asked by committee members.

Written only, proponent testimony was submitted by:

     Dr Ken Dillehay, DDS, Wichita, AAO, President (Attachment 4)

     Dr. Joe Moon, DDS, Moon Orthodontics (Attachment 5)

     Dr. Kevin Cassidy, DDS, Cassidy Orthodontics (Attachment 6)

     Scott Meggs, VP., Global Public Affairs and Policy, Align Technology (Attachment 7)

     Jeffrey Sulitzer spoke as an opponent to SB121. He stated that SB121 creates a standard of care in statute that mandates x-rays for orthodontic treatment and that a standing order for x-rays on a patient is dangerous and simply unethical. The FDA and ADA released guidelines back in 2012 that x-rays should be taken only when there is an expectation that the diagnostic yield will affect patient care. (Attachment 8)

Questions were asked by committee members.

Written only, opponent testimony was submitted by:

     Dr. Marc Ackerman, Executive Director, American Teledentistry Association (Attachment 9)

     Kyle Zebley, Vice President of Public Policy, American Telemedicine Association (Attachment 10)

     Shirley Kim, Director of Government Affairs & Community Relations, Byte (Attachment 11)

Chairperson Hilderbrand closed the hearing on SB121.