CSSB 90(L&C): "An Act relating to dental licensing and the practice of dentistry; extending the termination date of the Board of Dental Examiners; and providing for an effective date."
00CS FOR SENATE BILL NO. 90(L&C) 01 "An Act relating to dental licensing and the practice of dentistry; extending the 02 termination date of the Board of Dental Examiners; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.03.010(c)(7) is amended to read: 06 (7) Board of Dental Examiners (AS 08.36.010) -- June 30, 2001 07 [1997]; 08 * Sec. 2. AS 08.36.120 is amended to read: 09 Sec. 08.36.120. Signing, photograph, and filing date of application. Each 10 applicant shall submit a recent unmounted [, AUTOGRAPHED] photograph of the 11 applicant. Applications shall be signed by the applicant and filed at least 45 days 12 before the date scheduled for an examination. 13 * Sec. 3. AS 08.36.234(a) is amended to read: 14 (a) The board shall provide for the licensing without examination, except as
01 provided in (2) of this subsection, of a dentist who 02 (1) provides certification to the board that the dentist 03 (A) is a graduate of a dental school accredited by the 04 Commission on Accreditation of the American Dental Association, or its successor 05 agency, and holds a certificate from the American Dental Association Joint 06 Commission on National Dental Examinations that the dentist has passed the written 07 examination given by the commission; 08 (B) has passed clinical and written examinations required for 09 licensure in another state, territory, or region of the United States and has been 10 licensed to practice dentistry in that state, territory, or region of the United 11 States; the state, territory, or region must have licensing requirements at least 12 generally equivalent to those of this state at the time of application; if the 13 board does not consider the licensing requirements of the other jurisdiction 14 to be generally equivalent to those of this state at the time of application 15 because certain areas of subject matter were not included in the other 16 jurisdiction's examinations, the board may find compliance with the 17 requirements of this subparagraph if the dentist demonstrates completion 18 of continuing education in the omitted subject areas, holds a specialty 19 certification in the omitted subject areas, or provides proof satisfactory to 20 the board of a history of successful practice involving the omitted subject 21 areas; 22 (C) is in good standing with the licensing entity in the 23 jurisdiction where the dentist is currently licensed and in all jurisdictions in 24 which the dentist was previously licensed while practicing in those 25 jurisdictions; if the dentist is employed by the federal government, the dentist 26 must be in good standing with the employing federal agency; 27 (D) has been engaged in continuous active clinical practice 28 averaging at least 20 hours a [PER] week for each of the five years 29 immediately preceding the application 30 (i) in a jurisdiction in which the dentist was licensed and 31 in good standing; or
01 (ii) working for the federal government while in good 02 standing with the employing federal agency and after having been 03 licensed by a jurisdiction; 04 (E) is not the subject of an adverse decision based upon a 05 complaint, investigation, review procedure, or other disciplinary proceeding 06 within the five years immediately preceding application, or of an unresolved 07 complaint, investigation, review procedure, or other disciplinary proceeding, 08 undertaken by a state, territorial, local, or federal dental licensing jurisdiction 09 or a dental society; 10 (F) is not the subject of an unresolved or an adverse decision 11 based upon a complaint, investigation, review procedure, or other disciplinary 12 proceeding undertaken by a state, territorial, local, or federal dental licensing 13 jurisdiction, dental society, or law enforcement agency that relates to criminal 14 or fraudulent activity, dental malpractice, or negligent dental care and that 15 adversely reflects on the applicant's ability or competence to practice dentistry 16 or on the safety or well-being of patients; 17 (G) has not previously had a license to practice dentistry 18 suspended for grounds similar to those specified under AS 08.36.315, revoked, 19 or voluntarily surrendered; 20 (H) has completed at least 42 hours of continuing education 21 related to clinical dentistry in the three years preceding application for a license 22 in this state; the continuing education must have been approved by the 23 American Dental Association, the Academy of General Dentistry, or the 24 appropriate specialty board; 25 (I) has not within the previous three years failed the clinical 26 exam given by the Western Regional Examining Board; 27 (J) is not the subject of an adverse report from the National 28 Practitioner Data Bank or the American Association of Dental Examiners 29 Clearinghouse for Disciplinary Information that relates to criminal or fraudulent 30 activity, negligent dental care, or malpractice; 31 (2) has passed, to the satisfaction of the board, a written examination
01 that consists of the portion of the written examination given under AS 08.36.160(b) 02 that pertains to the state's laws on the practice of dentistry; the board may not require 03 a higher passing score for applicants under this section than the board requires for 04 applicants under AS 08.36.110; 05 (3) is personally interviewed by the board for purposes of verifying 06 credentials; 07 (4) pays all required fees; 08 (5) provides the board with an affidavit that the dentist is not an 09 impaired practitioner; 10 (6) provides to the board an authorization for release of records in a 11 form prescribed by the board. 12 * Sec. 4. AS 08.36.315 is amended by adding a new subsection to read: 13 (b) Notwithstanding other provisions of this section, the board may not impose 14 a disciplinary sanction on a dentist based solely on the grounds that the dentist 15 removed or placed, or recommended the removal or placement of, a professionally 16 recognized restorative material for a patient in the absence of demonstrable physical 17 harm to the patient. 18 * Sec. 5. AS 08.36 is amended by adding a new section to read: 19 Sec. 08.36.355. Patient's right to choice in restorative material. This 20 chapter may not be construed to deprive a dental patient of the right to choose or 21 replace a professionally recognized restorative material. 22 * Sec. 6. This Act takes effect July 1, 1997.