SB 239: "An Act relating to the practice of dentistry and to dental assistants."
00 SENATE BILL NO. 239 01 "An Act relating to the practice of dentistry and to dental assistants." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.36.075(c) is amended to read: 04 (c) A dentist may not use, or allow a person under the dentist's direct or 05 indirect supervision to use, dental radiological equipment in this state unless the 06 owner or lessee of the equipment has registered the equipment's control panel with the 07 board and the control panel displays a seal indicating that it has been registered. The 08 board may charge the owner or lessee of the dental radiological equipment a fee for 09 the registration of each control panel registered under this subsection. For each 10 registered control panel, the board shall issue to the owner or lessee a registration seal 11 that indicates that the registration requirement has been met. 12 * Sec. 2. AS 08.36.075(d) is amended to read: 13 (d) The board shall require that inspection of dental radiological equipment 14 occur once within every six calendar years and require that records concerning the 15 inspection be provided to the board by the owner or lessee of the equipment and kept
01 on file where the equipment is located. The board shall, upon application by the owner 02 or lessee of the dental radiological equipment, submission of evidence documenting 03 compliance with the inspection standards of the board, and payment of a fee set by the 04 board, issue to the owner or lessee an inspection seal indicating the date by which the 05 dental radiological equipment must pass inspection again. The date on the inspection 06 seal shall be December 31 of the fifth calendar year that occurs after the calendar year 07 in which the inspection occurred. A dentist may not use, or allow a person under the 08 dentist's direct or indirect supervision to use, dental radiological equipment in this 09 state after the date on the most recent inspection seal. The board may authorize an 10 inspector who is not a member of the board to determine whether the owner or lessee 11 of dental radiological equipment is in compliance with the inspection standards of the 12 board, collect the appropriate fee and remit the fee to the board, and issue an 13 inspection seal indicating the date by which the dental radiological equipment must 14 pass inspection again. An inspector who performs an inspection under this subsection 15 shall report the results of each inspection to the board and to the department, 16 indicating whether the dental radiological equipment was in compliance with the 17 inspection standards of the board and whether an inspection seal was issued. 18 * Sec. 3. AS 08.36.315 is amended to read: 19 Sec. 08.36.315. Grounds for discipline, suspension, or revocation of license. 20 The board may revoke or suspend the license of a dentist, or may reprimand, censure, 21 or discipline a dentist, or both, if the board finds after a hearing that the dentist 22 (1) used or knowingly cooperated in deceit, fraud, or intentional 23 misrepresentation to obtain a license; 24 (2) engaged in deceit, fraud, or intentional misrepresentation in the 25 course of providing or billing for professional dental services or engaging in 26 professional activities; 27 (3) advertised professional dental services in a false or misleading 28 manner; 29 (4) received compensation for referring a person to another dentist or 30 dental practice; 31 (5) has been convicted of a felony or other crime that affects the
01 dentist's ability to continue to practice dentistry competently and safely; 02 (6) engaged in the performance of patient care, or permitted the 03 performance of patient care by persons under the dentist's direct or indirect 04 supervision, that does not conform to minimum professional standards of dentistry 05 regardless of whether actual injury to the patient occurred; 06 (7) failed to comply with this chapter, with a regulation adopted under 07 this chapter, or with an order of the board; 08 (8) continued to practice after becoming unfit due to 09 (A) professional incompetence; 10 (B) failure to keep informed of or use current professional 11 theories or practices; 12 (C) addiction or dependence on alcohol or other drugs that 13 impairs the dentist's ability to practice safely; 14 (D) physical or mental disability; 15 (9) engaged in lewd or immoral conduct in connection with the 16 delivery of professional service to patients; 17 (10) permitted a dental hygienist or dental assistant who is employed 18 by the dentist or working under the dentist's supervision to perform a dental procedure 19 in violation of AS 08.32.110 or AS 08.36.070(a)(10); 20 (11) failed to report to the board a death that occurred on the premises 21 used for the practice of dentistry within 48 hours. 22 * Sec. 4. AS 08.36 is amended by adding new sections to read: 23 Article 3A. Dental Assistants. 24 Sec. 08.36.342. Coronal polishing certificate. (a) The board shall issue a 25 coronal polishing certificate to a dental assistant if the dental assistant furnishes 26 evidence satisfactory to the board that the dental assistant has completed a program of 27 instruction approved by the board. 28 (b) A certificate issued under (a) of this section authorizes a dental assistant 29 under the direct supervision of a dentist licensed in the state to perform coronal 30 polishing on teeth without subgingival calculus. 31 (c) The board may by regulation establish fees and continuing education
01 requirements for a certificate issued under (a) of this section. 02 Sec. 08.36.344. Restorative function certificate. (a) The board shall issue a 03 restorative function certificate to a dental assistant if the dental assistant furnishes 04 evidence satisfactory to the board that the dental assistant has 05 (1) successfully completed a program accredited by the Commission 06 on Dental Accreditation of the American Dental Association or other course of 07 instruction approved by the board; and 08 (2) passed the Western Regional Examining Board's restorative 09 examination or other equivalent examination approved by the board within the five 10 years preceding the dental assistant's certificate application, or the dental assistant has 11 legal authorization from another state or jurisdiction to perform restorative functions. 12 (b) A certificate issued under this section authorizes a dental assistant under 13 the direct supervision of a licensed dentist to place restorations into a cavity prepared 14 by the licensed dentist and thereafter carve, contour, and adjust contacts and occlusion 15 of the restoration. 16 (c) The board may by regulation establish renewal and continuing education 17 requirements for an endorsement under this section. 18 Sec. 08.36.346. Delegation to dental assistants. (a) A dentist licensed in this 19 state may delegate to a dental assistant under indirect supervision 20 (1) the exposure and development of radiographs; 21 (2) application of topical preventive agents or pit and fissure sealants; 22 and 23 (3) other dental operations and services except as provided in 24 AS 08.32.110(c) and this chapter. 25 (b) A dentist licensed in this state may delegate to a dental assistant under 26 direct supervision 27 (1) coronal polishing on teeth without subgingival calculus, if the 28 dental assistant is certified under AS 08.36.342; 29 (2) the placement of a restoration into a cavity prepared by a dentist 30 licensed under this chapter and the subsequent carving, contouring, and adjustment of 31 the contacts and occlusion of the restoration, if the dental assistant is certified under
01 AS 08.36.344; and 02 (3) other dental operations and services as defined and regulated by the 03 board. 04 * Sec. 5. AS 08.36.370 is amended by adding new paragraphs to read: 05 (4) "calculus" means a hardened deposit of mineralized plaque; 06 (5) "coronal polishing" means the removal of supragingival plaque and 07 stains; 08 (6) "dental assistant" means a person employed to provide clinical 09 assistance to a dentist licensed in the state; 10 (7) "direct supervision" means a dentist licensed in this state is in the 11 dental office, personally diagnoses the condition to be treated, personally authorizes 12 the procedure, and, before dismissal of the patient, evaluates the performance of the 13 dental assistant; 14 (8) "indirect supervision" means a dentist licensed in this state is in the 15 dental facility, authorizes the procedures, and remains in the dental facility while the 16 procedures are being performed by the dental assistant. 17 * Sec. 6. AS 08.32.110(d) is repealed.