HB 135: "An Act relating to dental licensing; extending the termination date of the Board of Dental Examiners; and providing for an effective date."
00HOUSE BILL NO. 135 01 "An Act relating to dental licensing; extending the termination date of the Board 02 of Dental Examiners; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.03.010(c)(7) is amended to read: 05 (7) Board of Dental Examiners (AS 08.36.010) -- June 30, 2003 06 [1997]; 07 * Sec. 2. AS 08.36.010 is amended to read: 08 Sec. 08.36.010. Creation and membership of board. There is created the 09 Board of Dental Examiners consisting of nine members. Five [SIX] members shall 10 be licensed dentists who have been engaged in the practice of dentistry in the state for 11 five years immediately preceding appointment, two members shall be dental hygienists 12 licensed under AS 08.32 who have been engaged in the practice of dental hygiene in 13 the state for five years immediately preceding appointment, and two members [ONE 14 MEMBER] shall be [A] public members. The terms of public members shall be
01 staggered [MEMBER]. 02 * Sec. 3. AS 08.36.120 is amended to read: 03 Sec. 08.36.120. Signing, photograph, and filing date of application. Each 04 applicant shall submit a recent unmounted [, AUTOGRAPHED] photograph of the 05 applicant. Applications shall be signed by the applicant and filed at least 45 days 06 before the date scheduled for an examination. 07 * Sec. 4. AS 08.36.234(a) is amended to read: 08 (a) The board shall provide for the licensing without examination, except as 09 provided in (2) of this subsection, of a dentist who 10 (1) provides certification to the board that the dentist 11 (A) is a graduate of a dental school accredited by the 12 Commission on Accreditation of the American Dental Association, or its successor 13 agency, and holds a certificate from the American Dental Association Joint 14 Commission on National Dental Examinations that the dentist has passed the written 15 examination given by the commission; 16 (B) has passed clinical and written examinations required for 17 licensure in another state, territory, or region of the United States and has been 18 licensed to practice dentistry in that state, territory, or region of the United 19 States; the state, territory, or region must have licensing requirements at least 20 generally equivalent to those of this state at the time of application; if the 21 board does not consider the licensing requirements of the other jurisdiction 22 to be generally equivalent to those of this state at the time of application 23 because certain areas of subject matter were not included in the other 24 jurisdiction's examinations, the board may find compliance with the 25 requirements of this subparagraph if the dentist demonstrates completion 26 of continuing education in the omitted subject areas, holds a specialty 27 certification in the omitted subject areas, or provides proof satisfactory to 28 the board of a history of successful practice involving the omitted subject 29 areas; 30 (C) is in good standing with the licensing entity in the 31 jurisdiction where the dentist is currently licensed and in all jurisdictions in
01 which the dentist was previously licensed while practicing in those 02 jurisdictions; if the dentist is employed by the federal government, the dentist 03 must be in good standing with the employing federal agency; 04 (D) has been engaged in continuous active clinical practice 05 averaging at least 20 hours a [PER] week for each of the five years 06 immediately preceding the application 07 (i) in a jurisdiction in which the dentist was licensed and 08 in good standing; or 09 (ii) working for the federal government while in good 10 standing with the employing federal agency and after having been 11 licensed by a jurisdiction; 12 (E) is not the subject of an adverse decision based upon a 13 complaint, investigation, review procedure, or other disciplinary proceeding 14 within the five years immediately preceding application, or of an unresolved 15 complaint, investigation, review procedure, or other disciplinary proceeding, 16 undertaken by a state, territorial, local, or federal dental licensing jurisdiction 17 or a dental society; 18 (F) is not the subject of an unresolved or an adverse decision 19 based upon a complaint, investigation, review procedure, or other disciplinary 20 proceeding undertaken by a state, territorial, local, or federal dental licensing 21 jurisdiction, dental society, or law enforcement agency that relates to criminal 22 or fraudulent activity, dental malpractice, or negligent dental care and that 23 adversely reflects on the applicant's ability or competence to practice dentistry 24 or on the safety or well-being of patients; 25 (G) has not previously had a license to practice dentistry 26 suspended for grounds similar to those specified under AS 08.36.315, revoked, 27 or voluntarily surrendered; 28 (H) has completed at least 42 hours of continuing education 29 related to clinical dentistry in the three years preceding application for a license 30 in this state; the continuing education must have been approved by the 31 American Dental Association, the Academy of General Dentistry, or the
01 appropriate specialty board; 02 (I) has not within the previous three years failed the clinical 03 exam given by the Western Regional Examining Board; 04 (J) is not the subject of an adverse report from the National 05 Practitioner Data Bank or the American Association of Dental Examiners 06 Clearinghouse for Disciplinary Information that relates to criminal or fraudulent 07 activity, negligent dental care, or malpractice; 08 (2) has passed, to the satisfaction of the board, a written examination 09 that consists of the portion of the written examination given under AS 08.36.160(b) 10 that pertains to the state's laws on the practice of dentistry; the board may not require 11 a higher passing score for applicants under this section than the board requires for 12 applicants under AS 08.36.110; 13 (3) is personally interviewed by the board for purposes of verifying 14 credentials; 15 (4) pays all required fees; 16 (5) provides the board with an affidavit that the dentist is not an 17 impaired practitioner; 18 (6) provides to the board an authorization for release of records in a 19 form prescribed by the board. 20 * Sec. 5. TRANSITIONAL PROVISION. Notwithstanding AS 08.36.010, as amended by 21 sec. 2 of this Act, a dentist who holds a position on the Board of Dental Examiners on the 22 effective date of this Act is not prohibited by this Act from serving the remainder of the 23 member's unexpired term. The governor shall appoint the new public member required under 24 this Act when a vacancy occurs in a position previously held by a dentist and set the number 25 of years in the term of the public member appointed under this section so that the new public 26 member's term is staggered with the term of the other public member. 27 * Sec. 6. This Act takes effect July 1, 1997.