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HB 211: "An Act extending the termination date of the Board of Dental Examiners; and relating to dentists and dental hygienists."

00                             HOUSE BILL NO. 211                                                                          
01 "An Act extending the termination date of the Board of Dental Examiners; and relating                                   
02 to dentists and dental hygienists."                                                                                     
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, 2011 [2005];                               
06    * Sec. 2.  AS 08.32.030 is amended to read:                                                                        
07            Sec. 08.32.030.  Licensure by credentials.  The board may provide for the                                  
08       licensing without examination of a dental hygienist who                                                           
09                 (1)  meets the criteria of AS 08.32.020(a);                                                             
10                 (2)  has successfully passed a state or regional dental hygiene clinical                                
11       examination that [WHICH] the board has determined is at least equivalent in scope,                            
12       quality, and difficulty to the Alaska clinical examination;                                                       
13                 (3)  has been in active clinical dental hygiene practice averaging not                              
14       [NO] less than 700 hours a year [14 HOURS PER WEEK] for each of the two years                                 
01       immediately preceding application for state licensure;                                                            
02                 (4)  has not failed the clinical dental hygiene examination of this state;                              
03                 (5)  has not previously had a license to practice dental hygiene issued                                 
04       by any state or region revoked;                                                                                   
05                 (6)  has completed not less than 14 hours of continuing education                                   
06       related to clinical hygiene in the two years before filing an application with the                            
07       board; the continuing education required under this paragraph must be                                         
08       approved by the board and by the American Dental Association, the Academy of                                  
09       General Dentistry, or the American Dental Hygienists' Association [IS                                         
10       PERSONALLY INTERVIEWED BY A BOARD MEMBER];                                                                        
11                 (7)  pays the fees required under AS 08.32.097; and                                                     
12                 (8)  is not the subject of an unresolved complaint, review procedure, or                                
13       disciplinary proceeding undertaken by a dental or dental hygiene licensing                                        
14       jurisdiction.                                                                                                     
15    * Sec. 3.   AS 08.36.075(d) is amended to read:                                                                    
16            (d)  The board shall require that inspection of dental radiological equipment                                
17       occur once within every six [FIVE] calendar years and require that records concerning                         
18       the inspection be provided to the board by the owner or lessee of the equipment and                               
19       kept on file where the equipment is located.  The board shall, upon application by the                            
20       owner or lessee of the dental radiological equipment, submission of evidence                                      
21       documenting compliance with the inspection standards of the board, and payment of a                               
22       fee set by the board, issue to the owner or lessee an inspection seal indicating the date                         
23       by which the dental radiological equipment must pass inspection again.  The date on                               
24       the inspection seal shall be December 31 of the fifth [FOURTH] calendar year that                             
25       occurs after the calendar year in which the inspection occurred.  A dentist may not use,                          
26       or allow a person under the dentist's supervision to use, dental radiological equipment                           
27       in this state after the date on the most recent inspection seal.  The board may authorize                         
28       an inspector who is not a member of the board to determine whether the owner or                                   
29       lessee of dental radiological equipment is in compliance with the inspection standards                            
30       of the board, collect the appropriate fee and remit the fee to the board, and issue an                            
31       inspection seal indicating the date by which the dental radiological equipment must                               
01       pass inspection again.  An inspector who performs an inspection under this subsection                             
02       shall report the results of each inspection to the board and to the department,                                   
03       indicating whether the dental radiological equipment was in compliance with the                                   
04       inspection standards of the board and whether an inspection seal was issued.                                      
05    * Sec. 4.  AS 08.36.110 is amended to read:                                                                        
06            Sec. 08.36.110.  Qualifications for license.  An applicant for a license to                                
07       practice dentistry shall                                                                                          
08                 (1)  provide certification to the board that the applicant                                              
09                      (A)  is a graduate of a dental school that, at the time of                                     
10            graduation, is accredited by the Commission on Accreditation of the American                             
11            Dental Association;                                                                                          
12                      (B)  holds a certificate from the American Dental Association                                      
13            Joint Commission on National Dental Examinations that the applicant has                                      
14            successfully passed the written examinations given by the commission;                                        
15                      (C)  has not had a license to practice dentistry revoked,                                          
16            suspended, or voluntarily surrendered in this state or another state;                                        
17                      (D)  is not the subject of an adverse decision based upon a                                        
18            complaint, investigation, review procedure, or other disciplinary proceeding                                 
19            within the five years immediately preceding application, or of an unresolved                                 
20            complaint, investigation, review procedure, or other disciplinary proceeding,                                
21            undertaken by a state, territorial, local, or federal dental licensing jurisdiction                          
22            or a dental society;                                                                                         
23                      (E)  is not the subject of an unresolved or an adverse decision                                    
24            based upon a complaint, investigation, review procedure, or other disciplinary                               
25            proceeding, undertaken by a state, territorial, local, or federal dental licensing                           
26            jurisdiction, dental society, or law enforcement agency that relates to criminal                             
27            or fraudulent activity, dental malpractice, or negligent dental care and that                                
28            adversely reflects on the applicant's ability or competence to practice dentistry                            
29            or on the safety or well-being of patients;                                                                  
30                      (F)  is not the subject of an adverse report from the National                                     
31            Practitioner Data Bank or the American Association of Dental Examiners                                       
01            Clearinghouse for Board Actions that relates to criminal or fraudulent activity,                             
02            or dental malpractice;                                                                                       
03                      (G)  is not [AN] impaired to an extent that affects the                                        
04            applicant's ability to practice dentistry [PRACTITIONER];                                                
05                      (H)  has not been convicted of a crime that adversely reflects                                 
06            on the applicant's ability or competency to practice dentistry or that                                   
07            jeopardizes the safety or well-being of a patient;                                                       
08                 (2)  pass, to the satisfaction of the board, written, clinical, and other                               
09       examinations administered or approved by the board; and                                                           
10                 (3)  meet the other qualifications for a license established by the board                               
11       by regulation.                                                                                                    
12    * Sec. 5.  AS 08.36.234(a) is amended to read:                                                                     
13            (a)  The board shall provide for the licensing without examination, except as                                
14       provided in (2) of this subsection, of a dentist who                                                              
15                 (1)  provides certification to the board that the dentist                                               
16                      (A)  is a graduate of a dental school accredited by the                                            
17            Commission on Accreditation of the American Dental Association, or its                                       
18            successor agency, and holds a certificate from the American Dental                                           
19            Association Joint Commission on National Dental Examinations that the                                        
20            dentist has passed the written examination given by the commission;                                          
21                      (B)  has passed clinical and written examinations required for                                     
22            licensure in another state, territory, or region of the United States and is                                 
23            licensed to practice dentistry in a state, territory, or region of the United States;                        
24            the state, territory, or region in which the dentist is licensed must have                                   
25            licensing requirements at least generally equivalent to those of this state at the                           
26            time of application; if the board does not consider the licensing requirements                               
27            of the other jurisdiction to be generally equivalent to those of this state at the                           
28            time of application because certain areas of subject matter were not included in                             
29            the other jurisdiction's examinations, the board may find compliance with the                                
30            requirements of this subparagraph if the dentist holds a specialty certification                             
31            in the omitted subject areas;                                                                                
01                      (C)  is in good standing with the licensing entity in the                                          
02            jurisdiction where the dentist is currently licensed and in all jurisdictions in                             
03            which the dentist was previously licensed while practicing in those                                          
04            jurisdictions; if the dentist is employed by the federal government, the dentist                             
05            must be in good standing with the employing federal agency;                                                  
06                      (D)  has been engaged in continuous active clinical practice                                       
07            averaging at least 20 hours a week for each of the five years immediately                                    
08            preceding the application                                                                                    
09                           (i)  in a jurisdiction in which the dentist was licensed                                      
10                 and in good standing; or                                                                                
11                           (ii)  working for the federal government while in good                                        
12                 standing with the employing federal agency and after having been                                        
13                 licensed by a jurisdiction;                                                                             
14                      (E)  is not the subject of an adverse decision based upon a                                        
15            complaint, investigation, review procedure, or other disciplinary proceeding                                 
16            within the five years immediately preceding application, or of an unresolved                                 
17            complaint, investigation, review procedure, or other disciplinary proceeding,                                
18            undertaken by a state, territorial, local, or federal dental licensing jurisdiction                          
19            or a dental society;                                                                                         
20                      (F)  is not the subject of an unresolved or an adverse decision                                    
21            based upon a complaint, investigation, review procedure, or other disciplinary                               
22            proceeding undertaken by a state, territorial, local, or federal dental licensing                            
23            jurisdiction, dental society, or law enforcement agency that relates to criminal                             
24            or fraudulent activity, dental malpractice, or negligent dental care and that                                
25            adversely reflects on the applicant's ability or competence to practice dentistry                            
26            or on the safety or well-being of patients;                                                                  
27                      (G)  has not previously had a license to practice dentistry                                        
28            suspended for grounds similar to those specified under AS 08.36.315, revoked,                                
29            or voluntarily surrendered;                                                                                  
30                      (H)  has completed at least 42 hours of continuing education                                       
31            related to clinical dentistry in the three years preceding application for a                                 
01            license in this state; the continuing education must have been approved by the                               
02            American Dental Association, the Academy of General Dentistry, or the                                        
03            appropriate specialty board;                                                                                 
04                      (I)  has not, within the previous three years, failed the clinical                         
05            exam given by the Western Regional Examining Board;                                                          
06                      (J)  is not the subject of an adverse report from the National                                     
07            Practitioner Data Bank or the American Association of Dental Examiners                                       
08            Clearinghouse for Board Actions that relates to criminal or fraudulent activity,                             
09            negligent dental care, or malpractice;                                                                       
10                 (2)  has passed, to the satisfaction of the board, a written examination                                
11       [THAT CONSISTS OF THE PORTION OF THE WRITTEN EXAMINATION                                                          
12       GIVEN UNDER AS 08.36.160(b)] that pertains to the state's laws on the practice of                                 
13       dentistry; the board may not require a higher passing score for applicants under this                             
14       section than the board requires for applicants under AS 08.36.110;                                                
15                 (3)  is personally interviewed by the board for purposes of verifying                                   
16       credentials;                                                                                                      
17                 (4)  pays all required fees;                                                                            
18                 (5)  provides the board with an affidavit that the dentist is not an                                    
19       impaired practitioner;                                                                                            
20                 (6)  provides to the board an authorization for release of records in a                                 
21       form prescribed by the board.                                                                                     
22    * Sec. 6.  AS 08.36.246(a) is amended to read:                                                                     
23            (a)  An applicant for a specialty license shall                                                              
24                 (1)  meet all of the requirements under AS 08.36.110(1) and (3)                                     
25       [POSSESS A LICENSE TO PRACTICE DENTISTRY IN THE STATE];                                                           
26                 (2)  have completed as many academic years of advanced education in                                     
27       the specialty as are required by the appropriate specialty board in a program accredited                          
28       by the Commission on Accreditation of the American Dental Association or its                                      
29       successor agency; [AND]                                                                                           
30                 (3)  be a diplomate or the equivalent of the appropriate specialty board,                               
31       or be eligible to be examined for diplomate status as documented by an organization                               
01       recognized by the American Dental Association; and                                                            
02                 (4)  satisfy one of the following:                                                                  
03                      (A)  pass a clinical examination given by the Western                                          
04            Regional Examining Board;                                                                                
05                      (B)  pass a clinical examination given by the Central                                          
06            Regional Dental Testing Service, Inc., after January 1, 2001;                                            
07                      (C)  pass a specialty examination given by the Central                                         
08            Regional Examining Board; or                                                                             
09                      (D)  be board certified by a specialty certification board                                     
10            recognized by the American Dental Association.                                                           
11    * Sec. 7.  The uncodified law of the State of Alaska is amended by adding a new section to                         
12 read:                                                                                                                   
13       REVISOR'S INSTRUCTION.  The revisor is instructed to substitute the word                                          
14 "practice" for the word "work" in the catch line to AS 08.32.110.                                                       
15    * Sec. 8.  AS 08.32.020(b); AS 08.36.120, 08.36.130, 08.36.160, 08.36.180, and 08.36.190                           
16 are repealed.