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Minutes for SB31 - 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 Thu, Jan 30, 2025
The hearing on SB31 was opened.
Jenna Moyer, Office of Kansas Revisor of Statutes, presented the bill brief. ATT 1
PROPONENTS
Mike O'Neal, Association of Dental Support Organizations, stated association members provide strictly non-clinical, administrative services to dentist-owned practices and operate under dental service agreements with the dentist-owners who seek their services. Current law requires a dentist who is the owner of the business to spend no less than 20% of time in the physical location either treating patients or overseeing the operations of the business. Repealing the 20% requirement may increase access to dental care by allowing dentists to expand their practices into areas of need. The conferee stated his association previously worked with the Kansas Dental Association and the dental regulatory board to reach agreement to address the issue. ATT 2
Daniel J. Thomas, Periodontal Specialists, PA, is a periodontist and business owner. He stated in 2014, the legislature modified the requirement from 50% to the current 20% presence requirement. Even with the reduced requirement, he closed an office in Kansas, while expanding offices in the state of Missouri, which does not have a minimum presence requirement. He offered additional reasons to repeal the current requirement. ATT 3
William Wilk, Kansas Chamber, stated the 20% rule prevents a dentist from opening multiple office locations limiting their ability grow their business. He suggested the ability to open multiple locations would increase access to dental care without sacrificing safety concerns. ATT 4
Conferees responded to questions.
OPPONENTS
Kevin Robertson, Kansas Dental Association, stated the 20% rule is in place to ensure dentist-owners are engaged in providing oversight to their employee-dentists and the patients they serve. The legislation would likely promote the expansion of private dental support organization (DSO) practices that may push out small business dental practices. Currently, a DSO supported practice comprises about 12% of the dental workforce in Kansas, which is close to the 14% nationally for dental practices. ATT 5
Kailah Willms, DDS, stated she is part of a four doctor private practice serving 13,000 in two locations. She stated the business has built trust with patients by providing consistency and understanding of dental needs and goals. ATT 6
Taylor Merklein, DDS, is part owner of her dental practice and employs 14 people. As a dentist and small business owner, she stated the need to balance what is best for patients as well as what is best for the business. She stated support for the DSO model, in general, but expressed concern in removing the current 20% rule. She suggested removing the rule would permit opening practices without dentist owners being an active part of the practice or community, which may undermine trust in the dental profession. ATT 7
NEUTRAL
Tanya Dorf Brunner, Oral Health Kansas, stated the need for comprehensive oral health care, especially for persons with a disability, persons who are covered by Medicaid, and people who live in rural parts of the state. She stated dental service organizations currently operate in the urban areas but the legislation does not guarantee such businesses would open in underserved areas of the state. ATT 8
Conferees responded to questions.
WRITTEN ONLY TESTIMONY
Samuel G. MacRoberts ATT 9
Daniel C. Nielson ATT 10
Charles Twietmeyer, ATT 11
Pete Ziegler ATT 12
The hearing on SB31 was closed.
The meeting was adjourned.
