UNOFFICIAL COPY AS OF 10/21/1800 REG. SESS.00 RS SB 121/HCS
AN ACT relating to dentists and dental hygienists.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Page 1 of 19
SB012130.100-1512HOUSE COMMITTEE SUB
UNOFFICIAL COPY AS OF 10/21/1800 REG. SESS.00 RS SB 121/HCS
Section 1. KRS 313.035 is amended to read as follows:
(1)Upon receiving an application for licensure and the required fee as promulgated by the board in administrative regulations, which shall not exceed one hundred fifty dollars ($150)[established by the board], the board may issue, without examination, a student limited license to any person who is a graduate of an accredited[a] dental school[ approved by the board] and enrolled in a resident or post-graduate program conducted by or associated with one (1) of the Commonwealth's dental schools. The holder of this limited license may only practice dentistry in conjunction with programs of the dental school where the person is a student and may only provide professional services to patients of these programs.
(2)Upon receiving an application for licensure,[ and] the required fee as promulgated by the board in administrative regulations but not to exceed one hundred fifty dollars ($150), and justification and dossier from the dean of the applicant's dental school[established by the board], the board may issue, without examination, a teaching limited license to a person who is a graduate of an accredited[a] dental school[ or post-graduate dental program approved by the board] and who has received an appointment as a[ full-time] faculty member of one (1) of the Commonwealth's dental schools. The holder of this limited license may only practice dentistry in conjunction with programs of the dental school of which the person is a faculty member and may only provide professional services to patients of these programs.
(3)Student limited licenses and teaching limited licenses shall be subject to annual renewal and shall automatically expire upon termination of the holder's status as a student or faculty member of the respective dental school of the Commonwealth.
(4)The holders of limited licenses described in this section shall have, within the scope of their respective licensures, all the duties and responsibilities of dental licensure imposed by this chapter and may be disciplined pursuant to KRS 313.130.
Section 2. KRS 313.040 is amended to read as follows:
(1)An applicant for a license to practice dentistry shall be of good moral character and at least eighteen (18) years of age at the time of making the application. The application shall be accompanied by evidence satisfactory to the board that the applicant:
(a)Has completed the requirements of KRS 214.615(1); and
(b)Is a graduate of and has a diploma from a[ reputable] dental college accredited at the time of the applicant's graduation[, school or department of a reputable university, rated as acceptable by the board.
The board shall rate dental colleges, schools, or departments of a university, or accept the ratings issued by accredited bodies approved by it. The application shall be made to the board in writing. It shall be accompanied by an examination fee of fifty dollars ($50), payable to the secretary-treasurer].
(2)No person shall file or attempt to file false, misleading, or deceptive information on an application for licensure[as his own the diploma or license of another, or a forged affidavit of identification or qualification].
Section 3. KRS 313.045 is amended to read as follows:
(1)[The board, upon the affirmative vote of all members present at any meeting, may issue a license without examination to an applicant who furnishes satisfactory proof that he is a graduate of, and has a diploma from, a reputable dental college, school or department of a university accredited in the manner provided by KRS 313.040, and who holds a license from a dental board similar to the board under requirements and standard equal to or higher than those of this state.
(2)No license shall be issued under this section unless the state or territory of the United States or the District of Columbia issuing the license referred to in this section affords similar privileges to a dentist of Kentucky holding a license from the board who removes to or desires to practice his profession in such state or territory of the United States or the District of Columbia.
(3)Where there is no reciprocity agreement, ]The board, upon the affirmative vote of all members present at any meeting, may issue a license without examination to an applicant who is a graduate of and has a diploma from a dental college accredited at the time of the applicant's graduation and[,] for five (5) consecutive years next preceding the filing of the[his] application, has been engaged in the active practice of dentistry; provided, that the applicant[he] was legally authorized to practice dentistry in a state or territory of the United States,[ or] the District of Columbia; or Canada[and, further provided, that his qualifications for such authorization were equal to or higher than those of this state]. Actively engaging in the teaching of dentistry shall be considered actively engaged in the practice of dentistry.
(2)[(4)]The fee for reviewing the qualifications of an applicant under this section shall be promulgated by the board in administrative regulations and shall not exceed two hundred dollars ($200)[fifty dollars ($50) and the fee for issuing a license certificate shall be ten dollars ($10)].
Section 4. KRS 313.070 is amended to read as follows:
The board shall promulgate administrative regulations in accordance with Chapter 13A to establish appropriate fees for application, examination, licensing which shall not exceed one hundred fifty dollars ($150) per year, and other fees authorized[In addition to the fifty dollar ($50) examination fee required in KRS 313.040, a fee of ten dollars ($10) shall be paid to the secretary-treasurer for every license certificate and ten dollars ($10) for every duplicate license certificate issued] by the board.
Section 5. KRS 313.130 is amended to read as follows:
(1)The board may reprimand or place on probation, or may revoke, suspend, refuse to renew, or refuse to issue a license to any dentist for any of the following causes:
(a)[(1)]Conviction of any felony or conviction of only those misdemeanors involving moral turpitude, in which case the record of conviction or a copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be conclusive evidence.
(b)[(2)]Renting or lending to any person his license or diploma to be used as a license or diploma, or illegally or fraudulently obtaining a license from the board.
(c)[(3)]Unprofessional conduct, gross ignorance, or inefficiency in his profession or failure to accumulate a sufficient number of points for continuing dental education as prescribed by the board under the provisions of KRS 313.080.
(d)[(4)]Violating any of the provisions of this chapter or any lawful order, rule, or regulation made or issued under the provisions of this chapter.
(e)[(5)]Addiction to a drug habit.
(f)[(6)]Chronic or persistent alcoholism.
(g)[(7)][Such ]Physical or mental disability, or other condition, that would make continued practice[ would be] dangerous to patients or to the public.
(2)The board may administer fines for the causes in paragraphs (a) to (d) of subsection (1) of this section.
Section 6. KRS 313.140 is amended to read as follows:
Unprofessional conduct includes, but is not limited to, the following acts:
(1)Employing any unlicensed[ "cappers" or "steerers" to obtain business; or employing directly or indirectly any student, or any suspended or unlicensed dentist or other] person to perform operations of any kind, or to treat lesions of the human teeth or jaws, or correct malpositions or malformations thereof.
(2)Obtaining any fee by fraud or misrepresentation;[ willfully betraying any professional secrets;] habitual intemperance, gross immorality, or the commission of a criminal operation;[ advertising to use drugs, patents, nostrums, or proprietary medicines;] or splitting fees.
(3)Representing himself or herself[Advertising for dental patronage by means of circulars, handbills, posters, cards, stereopticon slides, radio, newspapers, telephone directory, television, motion pictures, or public address systems; making use of any advertising statements of a character tending to deceive or mislead the public; advertising professional superiority or the performance of professional service in a superior manner; advertising prices for professional service; advertising credit or terms of credit; advertising by means of electric sign, illuminated sign, sign that sets forth more than the name, profession, title (such as D.D.S. or D.M.D.), and office hours of the dentist, sign more than six (6) inches in height, or display the lettering of which is more than six (6) inches in height; advertising by means of a sign or display that contains or is a representation or reproduction of a tooth, bridgework, or any portion of the human head; advertising free dental work or free examinations or advertising to guarantee any dental service or to perform any dental operation or act painlessly; or employing or making use of advertising solicitors or free publicity press agents.
(4)Unprofessional conduct does not include the use of professional cards that contain only a name, title (such as D.D.S. or D.M.D.), address, telephone number, and office hours. It is unprofessional conduct for any dentist to announce or hold himself out] to the public as being especially qualified in any specialty[branch] of dentistry without having obtained a license as a specialist therein from the board.
Section 7. KRS 313.200 is amended to read as follows:
(1)When the appointments have been made as provided in this section, the Kentucky Board of Dentistry shall consist of nine (9) members, each appointed by the Governor. Seven (7) members of the board shall be licensed dentists appointed from a list of three (3) names recommended for each board position by the resident licensed dentists of Kentucky at an annual election at a time and place selected by the Kentucky Board of Dentistry. One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated. One (1) member of the board shall be a dental hygienist licensed to practice dental hygiene in the Commonwealth. Each appointment to the board of a licensed dental hygienist shall be made from a list of three (3) names recommended for this position by the resident licensed dental hygienists of Kentucky at an annual election at a time and place selected by the board.
(2)(a)Each dentist member shall have been an actual resident and licensed practicing dentist of this state for not less than five (5) years immediately preceding his appointment to the board. He shall not be in any way connected with or interested in any dental college or dental department of any institution of learning or dental supply business.
(b)Each dental hygienist member shall have been an actual resident dental hygienist and licensed practicing dental hygienist in this state for not less than five (5) years preceding his appointment to the board. He shall not be in any way connected with or interested in any dental college or dental department of any institution of learning or dental supply business.
(3)Each member of the board shall hold office for four (4) years, and until his successor is appointed and qualifies, except that no member shall serve more than two (2) consecutive terms.
(4)Any vacancy shall be filled for the unexpired term by the Governor in accordance with the provisions of subsection (1) of this section.
(5)Each member of the board shall receive any necessary expenses incurred in attending its meetings. Each member[ except the secretary-treasurer] shall receive[ as] compensation in an amount set in administrative regulations promulgated by the board, not to exceed one hundred twenty-five dollars ($125),[fifty dollars ($50)] for each day actually engaged in the duties of his office.[ The secretary-treasurer shall receive an annual compensation to be established by the board at its annual session.]
Section 8. KRS 313.300 is amended to read as follows:
(1)Any eligible person desiring to practice dental hygiene shall make written application to the board[ to take the examination]. The[Such] application shall be accompanied[ by a written recommendation of two (2) reputable, licensed dentists and] by a licensing fee, not to exceed sixty-five dollars ($65) per year, set in administrative regulations promulgated[an examination fee of twenty-five dollars ($25), which sum is authorized to be charged for each examination] by the board.
(2)As soon as the board has determined that an applicant has successfully passed the required examination, a license to practice dental hygiene in this state shall be issued by the board to the[such] applicant. The license shall be for two (2)[one (1)] calendar years[year] or for the remaining portion thereof if issued as of a date after January 1. Each license shall be renewed biennially[from year to year], except for cause as herein provided.
(3)The board shall promulgate administrative regulations to set an amount not to exceed twenty-five dollars ($25)[charge ten dollars ($10)] for each[ license certificate or] duplicate license certificate issued, which[ sum] shall be paid in advance or at the time the license is issued.
Section 9. KRS 313.303 is amended to read as follows:
(1)The board, upon the affirmative vote of all members present at any meeting, may issue a license without examination to an applicant who is a graduate of and has a diploma from a dental hygiene school accredited at the time of the applicant's graduation and has for the five (5) years immediately preceding the filing of the application been engaged in the active practice of dental hygiene; provided that the applicant is legally authorized to practice dental hygiene in a state or territory of the United States, the District of Columbia, or Canada. Actively engaging in the teaching of dental hygiene shall be considered actively engaged in the practice of dental hygiene[furnishes satisfactory proof that the applicant is a graduate of an accredited school of dental hygiene in any state or territory of the United States or the District of Columbia and who holds a license from a similar dental board having requirements and standards equal to or greater than those of this state.
(2)An application for the license provided by this section shall be made on forms prescribed by the board and accompanied by:
(a)A fee for review of qualifications of the applicant of twenty-five dollars ($25); and
(b)A recommendation from the dental board of the state or territory of the United States or the District of Columbia where the applicant has practiced.
(3)No license shall be issued under this section unless the state or territory of the United States or the District of Columbia where the applicant has practiced grants a similar privilege to applicants holding a dental hygienist's license from this state].
(2)The board shall promulgate administrative regulations to set the fee, which shall not exceed one hundred dollars ($100), for reviewing qualifications of an applicant under this section.
SECTION 10. A NEW SECTION OF KRS CHAPTER 313 IS CREATED TO READ AS FOLLOWS:
The General Assembly finds and declares that:
(1)It is the responsibility of the legislature to establish public policy to improve the quality of health care to Kentuckians and to provide mechanisms for consumer protection;
(2)Proponents argue that the licensing of denturists would result in improvements to the quality of health care to Kentuckians, including better oral care, provide cost-effective alternatives for denture care services and products, and result in increased access to dental services generally; and
(3)The most prudent approach to determine whether denturists can practice without harming the public health is to establish a denturitry "pilot project" through which denturists may be provisionally licensed to practice denturitry and their practice closely monitored over a set period of time.
SECTION 11. A NEW SECTION OF KRS CHAPTER 313 IS CREATED TO READ AS FOLLOWS:
As used in Sections 10 to 23 of this Act, unless the context otherwise requires:
(1)"Office" means the Office of Aging Services within the Cabinet for Families and Children, established under KRS Chapter 194B;
(2)"Committee" means the Denturitry Oversight Committee established under Section 16 of this Act;
(3)"Denture" means a removable full or partial upper or lower dental appliance to be worn in the mouth to replace missing natural teeth;
(4)"Denturist" means a person provisionally licensed under Sections 10 to 23 of this Act to practice denturitry;
(5)"Denturitry pilot project" means a program established in Sections 10 to 23 of this Act to provisionally license denturists for a specified period of time to engage in the practice of denturitry under controlled conditions to determine competency to engage in permanent practice;
(6)"Practice of denturitry" means: the construction, repair, relining, reproduction, adjusting, and fitting of a denture into the oral cavity of a person to replace missing natural teeth; and
(7)"Unprofessional conduct" means willful acts of negligence or a pattern of continued and repeated malpractice, negligence, or incompetence, or illegal or unethical behavior in the course of the practice of denturitry.
SECTION 12. A NEW SECTION OF KRS CHAPTER 313 IS CREATED TO READ AS FOLLOWS:
(1)Other provisions of KRS Chapter 313 notwithstanding, no person shall practice denturitry or perform any of the duties usually performed by a denturist unless the person at the time holds a valid provisional license to practice denturitry in the Commonwealth of Kentucky under Sections 10 to 23 of this Act.
(2)A person who is not licensed as a denturist under subsection (1) of this section shall not hold himself or herself out to the public as a denturist or use any terms, titles, or abbreviations that express or imply that the person is licensed as a denturist.
SECTION 13. A NEW SECTION OF KRS CHAPTER 313 IS CREATED TO READ AS FOLLOWS:
(1)The provisions of Sections 10 to 23 of this Act shall not apply to persons licensed or registered under any other provision of the Kentucky Revised Statutes, including but not limited to dentists and dental laboratory technicians or students within accredited training programs of these professions. Nothing in Sections 10 to 23 of this Act shall be construed to limit, interfere, or restrict the practice, descriptions of services, or manner in which these persons practice.
(2)Nothing in Sections 10 to 23 of this Act shall be construed to prohibit or interfere with the ability of a licensed dentist or registered dental laboratory technician to perform those activities that are associated with their practices, respectively, as provided in KRS Chapter 313.
(3)Nothing in Sections 10 to 23 of this Act shall be construed to prohibit or interfere with the practice of denturitry by students enrolled in a school approved by the committee, if the students only perform services in accordance with a course of instruction or an assignment from an instructor.
(4)Nothing in Sections 10 to 23 of this Act nor any other provision of KRS Chapter 313 shall be construed to prohibit or interfere with the ability of a denturist to enter into a partnership or other business association with a dentist, if the association will not impede the independent professional judgment of either party.