Analysis

Topic: Board of Dentistry
Sponsor: Representative Vear
Bill Ordered Enrolled: May 31, 2000
Date of Analysis: June 9, 2000

Position: The Department of Consumer and Industry Services supports the bill.

Background: The Board of Dentistry was created by Public Act 122 of 1919. From its inception the board's authority encompassed both the professions of dentistry and dental hygiene. However, dental hygienists had no representation on the board until enactment of the Public Health Code in 1978. Although dental hygienists sought their own board at that time, the compromise agreed to by the Legislature was to give the dental hygienists and dental assistants two representatives each on the board. In the years since enactment of the Public Health Code the dental hygienists have continued to lobby for their own board or increased representation on the Board of Dentistry.

Bill Content: The bill amends Section 16221 of the Public Health Code by adding four members to the Board of Dentistry, two dental hygienists, one dentist, and one public member.

Arguments For: Dental hygienists are underrepresented on the Board of Dentistry. While there are nine dentists representing over 7,700 dentists on the board, there are currently only two dental hygienists representing over 8,200 hygienists.

The addition of one public member to the Board will be extremely helpful. The Public Health Code requires the creation of a disciplinary subcommittee to make decisions regarding discipline of licensees. The disciplinary subcommittee is comprised of five board members, three professional members and two public members. The chairperson of the subcommittee must by law be a public member and at least one public member must by law concur with a sanction for the sanction to be imposed. This requirement is awkward for the Board of Dentistry, because there are currently only two public members on the board. This means that both public members must serve on the disciplinary subcommittee. If there is a vacancy, the subcommittee will have to conduct its business with only four members, which may increase the possibility of the subcommittee not having a quorum to conduct business.

The bill increases representation of dental hygienists but maintains a majority for dentists on the Board of Dentistry.

Arguments Against: The proposed changes will increase the size of the Board of Dentistry to 19 members. This is too large a number for the board to be effective. Most boards organized under the Public Health Code have nine or fewer members. The Board of Dentistry would have more members than any other board, except the Board of Nursing.

Dental hygienists continue to be underrepresented relative to dentists on the Board of Dentistry. Also, the bill does nothing about the unfairness of dentists being able to vote on dental hygiene issues but hygienists not being able to vote on issues affecting dentists.

Supporters/Opponents: The Michigan Dental Hygienists' Association and the Michigan Dental Association supported the bill. There was no opposition.

Fiscal Information: The bill will impose minimal costs on the Department of Consumer and Industry Services to support four new board members.

Administrative Rules Impact: No new administrative rules will be required.