00HOUSE BILL NO. 23                                                                                                       
01 "An Act relating to referrals involving dental services."                                                               
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 08.36.315 is amended to read:                                                                       
04  Sec. 08.36.315.  GROUNDS FOR DISCIPLINE, SUSPENSION, OR                                                             
05 REVOCATION OF LICENSE.  The board may revoke or suspend the license of a                                                
06 dentist, or may reprimand, censure, or discipline a dentist, or both, if the board finds                                
07 after a hearing that the dentist                                                                                        
08   (1)  used or knowingly cooperated in deceit, fraud, or intentional                                                   
09 misrepresentation to obtain a license;                                                                                  
10   (2)  engaged in deceit, fraud, or intentional misrepresentation in the                                               
11 course of providing or billing for professional dental services or engaging in                                          
12 professional activities;                                                                                                
13   (3)  advertised professional dental services in a false or misleading                                                
14 manner;                                                                                                                 

01   (4)  received compensation for referring a person to another dentist                                                
02 or dental practice;                                                                                                     
03   (5)  has been convicted of a felony or other crime that affects the                                                 
04 dentist's ability to continue to practice dentistry competently and safely;                                             
05   (6) [(5)]  engaged in the performance of patient care, or permitted the                                            
06 performance of patient care by persons under the dentist's supervision, that does not                                   
07 conform to minimum professional standards of dentistry regardless of whether actual                                     
08 injury to the patient occurred;                                                                                         
09   (7) [(6)]  failed to comply with this chapter, with a regulation adopted                                           
10 under this chapter, or with an order of the board;                                                                      
11   (8) [(7)]  continued to practice after becoming unfit due to                                                       
12   (A)  professional incompetence;                                                                                     
13   (B)  failure to keep informed of or use current professional                                                        
14 theories or practices;                                                                                                  
15   (C)  addiction or dependence on alcohol or other drugs that                                                         
16 impairs the dentist's ability to practice safely;                                                                       
17   (D)  physical or mental disability;                                                                                 
18   (9) [(8)]  engaged in lewd or immoral conduct in connection with the                                               
19 delivery of professional service to patients;                                                                           
20   (10) [(9)]  permitted a dental hygienist or dental assistant who is                                                
21 employed by the dentist or working under the dentist's supervision to perform a dental                                  
22 procedure in violation of AS 08.32.110 or AS 08.36.070(a)(11);                                                          
23   (11) [(10)]  failed to report to the board a death that occurred on the                                            
24 premises used for the practice of dentistry within 48 hours.                                                            
25    * Sec. 2.  AS 45.50.471(b) is amended by adding new paragraphs to read:                                              
26   (38)  referring a person to a dentist or a dental practice that has paid or                                          
27 will pay a fee for the referral unless the person making the referral discloses at the                                  
28 time the referral is made that the dentist or dental practice has paid or will pay a fee                                
29 based on the referral;                                                                                                  
30   (39)  advertising that a person can receive a referral to a dentist or a                                             
31 dental practice without disclosing in the advertising that the dentist or dental practice                               

01 to which the person is referred has paid or will pay a fee based on the referral if, in                                 
02 fact, the dentist or dental practice to which the person is referred has paid or will pay                               
03 a fee based on the referral.