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Minutes for SB103 - Committee on Public Health and Welfare

Short Title

Updating certain provisions of the Kansas dental practices act relating to dentist information requested by patients, in-person practice requirements in dental office using licensee's name, unprofessional conduct and patient complaints.

Minutes Content for Wed, Feb 8, 2023

Mike O'Neal, representing the Association of Dental Support Organizations (ADSO) gave proponent testimony on SB103 stating that the creation of DSOs has allowed dentists to maximize their actual clinical practice time with the support of professional office management. (Attachment 1) The DSO model benefits both dentists and patients. DSOs offer the dentist the ability to access state-of -the art equipment through the bulk buying power of the DSO. Facility maintenance, supply procurement, accounting and marketing are handled by the DSO. Patients benefit by having more face time with the dentist, access to state-of-the-art technologies, and flexible hours to name a few advantages. Kansas is the only state that requires a dentist owner to spend at least 20% of his or her clinical time in any office he or she has an ownership interest in. Elimination of the 20% rule would increase the availability of not only primary dental care but also specialty care.

Heath Hall of Heartland Dental testified in support of SB103, a bill that would eliminate Kansas archaic 20% rule and allow entrepreneurial dentists to increase access to oral care for Kansans throughout the state. He said DSOs are companies that help dentists go back to being dentists instead of having to deal with the hassles of administrative work, management, legal, procurement, accounting, facility maintenance, and everything else that comes with running a dental practice. The repeal of the 20% rule will lead to Kansans having increased access to high quality oral care and good oral care has been proven to lead to better whole-body health. (Attachment 2)

Kevin Robertson said that from the Kansas Dental Associations' (KDA) perspective, the 20% rule provides dentist accountability to all their patients by requiring them to be physically present in all the practices they own at least 20% of the time dentistry is being performed and as a result, the KDA is neutral with regard to removing the 20% rule provision. However, the KDA appreciates the ADSOs bringing, among other things, creating transparency of dental practice ownership and emergency contact information for patients and holding dentist owners and supervisors accountable to the Kansas Dental Board. With the new patient protection provision in place, the KDA supports SB103. (Attachment 3)

Questions were asked by committee members.

Written proponent testimony was submitted by:

Daniel J. Thomas, DD, Diplomate, American Board of Periodontology and Implant Surgery (Attachment 4)

Samuel G. MacRoberts, Litigation Director, Kansas Justice Institute (Attachment 5)

Chairperson Gossage closed the hearing on SB103.