SB 92: "An Act relating to dental hygienists, dentists, dental assistants, dental hygiene, and dentistry."
00 SENATE BILL NO. 92 01 "An Act relating to dental hygienists, dentists, dental assistants, dental hygiene, and 02 dentistry." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.32.010 is amended to read: 05 Sec. 08.32.010. License required. Except as provided in AS 08.32.095, a 06 person may not practice, offer or attempt to practice, or advertise or announce as being 07 prepared or qualified to practice dental hygiene without a license [AND A CURRENT 08 CERTIFICATE OF REGISTRATION]. 09 * Sec. 2. AS 08.32 is amended by adding a new section to read: 10 Sec. 08.32.014. Qualifications for license. (a) An applicant for a license to 11 practice dental hygiene shall 12 (1) provide evidence to the board that the applicant 13 (A) has successfully completed a two-year academic program 14 in dental hygiene offered by a school that is accredited by the Commission on
01 Dental Accreditation of the American Dental Association and is approved by 02 the board; 03 (B) has passed a written theory examination of the American 04 Dental Association Joint Commission on National Dental Examinations or an 05 equivalent examination approved by the board; 06 (C) has successfully passed a state or regional dental hygiene 07 clinical examination approved by the board; 08 (D) has not had a license to practice dental hygiene revoked, 09 suspended, or voluntarily surrendered in this state or another state; 10 (E) is not the subject of an adverse decision based on a 11 complaint, investigation, review procedure, or other disciplinary proceeding 12 within the five years immediately preceding application or of an unresolved 13 complaint, investigation, review procedure, or other disciplinary proceeding 14 undertaken by a state, territorial, local, or federal dental licensing jurisdiction; 15 (F) is not the subject of an unresolved or adverse decision 16 based on a complaint, investigation, review procedure, or other disciplinary 17 proceeding undertaken by a state, territorial, local, or federal dental licensing 18 jurisdiction or law enforcement agency that relates to criminal or fraudulent 19 activity, dental malpractice, or negligent dental care and that adversely reflects 20 on the applicant's ability or competence to practice as a dental hygienist or on 21 the safety or well-being of patients; 22 (G) is not the subject of an adverse report from the National 23 Practitioner Data Bank or the American Association of Dental Examiners 24 Clearinghouse for Board Actions that relates to criminal or fraudulent activity 25 or dental malpractice; 26 (H) is not impaired to an extent that affects the applicant's 27 ability to practice as a dental hygienist; 28 (I) has not been convicted of a crime that adversely reflects on 29 the applicant's ability or competency to practice as a dental hygienist or that 30 jeopardizes the safety or well-being of a patient; and 31 (2) meet the other qualifications for a license established by the board
01 by regulation. 02 (b) An applicant for a license to practice dental hygiene may be interviewed in 03 person by the board or a designee of the board. The interview must be recorded. If the 04 application is denied on the basis of the interview, the denial shall be stated in writing, 05 with the reasons for it, and the record shall be preserved. 06 * Sec. 3. 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 08.32.014 [AS 08.32.020(a)]; 10 (2) submits proof of continued competence as specified in 11 regulations adopted by the board; 12 (3) is currently licensed to practice dental hygiene in another state 13 or territory of the United States; and 14 (4) [HAS SUCCESSFULLY PASSED A STATE OR REGIONAL 15 DENTAL HYGIENE CLINICAL EXAMINATION THAT THE BOARD HAS 16 DETERMINED IS AT LEAST EQUIVALENT IN SCOPE, QUALITY, AND 17 DIFFICULTY TO THE ALASKA CLINICAL EXAMINATION; 18 (3) HAS BEEN IN ACTIVE CLINICAL DENTAL HYGIENE 19 PRACTICE AVERAGING NOT LESS THAN 700 HOURS A YEAR FOR EACH 20 OF THE TWO YEARS IMMEDIATELY PRECEDING APPLICATION FOR 21 STATE LICENSURE; 22 (4) HAS NOT FAILED THE CLINICAL DENTAL HYGIENE 23 EXAMINATION OF THIS STATE; 24 (5) HAS NOT PREVIOUSLY HAD A LICENSE TO PRACTICE 25 DENTAL HYGIENE ISSUED BY ANY STATE OR REGION REVOKED; 26 (6) HAS COMPLETED NOT LESS THAN 14 HOURS OF 27 CONTINUING EDUCATION RELATED TO CLINICAL HYGIENE IN THE TWO 28 YEARS BEFORE FILING AN APPLICATION WITH THE BOARD; THE 29 CONTINUING EDUCATION REQUIRED UNDER THIS PARAGRAPH MUST BE 30 APPROVED BY THE BOARD, THE AMERICAN DENTAL ASSOCIATION, THE 31 ACADEMY OF GENERAL DENTISTRY, OR THE AMERICAN DENTAL
01 HYGIENISTS' ASSOCIATION; 02 (7)] pays the fees established by the board [REQUIRED] under 03 AS 08.01.065 [AS 08.32.097; AND 04 (8) IS NOT THE SUBJECT OF AN UNRESOLVED COMPLAINT, 05 REVIEW PROCEDURE, OR DISCIPLINARY PROCEEDING UNDERTAKEN BY 06 A DENTAL OR DENTAL HYGIENE LICENSING JURISDICTION]. 07 * Sec. 4. AS 08.32.070 is amended to read: 08 Sec. 08.32.070. Licensing [REGISTRATION AND LICENSING] of dental 09 hygienists. The board shall issue [REGISTER] each successful applicant [AND 10 ISSUE THE APPLICANT] a license upon payment of all required fees. 11 * Sec. 5. AS 08.32.071 is amended to read: 12 Sec. 08.32.071. Renewal of license [REGISTRATION]. At least 60 days 13 before expiration of a dental hygienist's license [LICENSEE'S REGISTRATION 14 CERTIFICATE], the Department of Commerce, Community, and Economic 15 Development shall mail a form for license renewal [OF REGISTRATION] to each 16 licensed dental hygienist. Each licensee who wishes to renew a dental hygienist's 17 license [REGISTRATION CERTIFICATE] shall complete the form and return it with 18 the appropriate fee and evidence of continued professional competence as required by 19 the board. The Department of Commerce, Community, and Economic Development 20 shall, as soon as practicable, issue a dental hygienist license [REGISTRATION 21 CERTIFICATE] valid for a stated number of years. [EACH LICENSEE SHALL 22 KEEP THE REGISTRATION CERTIFICATE BESIDE OR ATTACHED TO THE 23 LICENSEE'S LICENSE.] Failure to receive the license renewal [REGISTRATION] 24 form does not exempt a licensee from renewing the licensee's dental hygienist 25 license [REGISTRATION]. 26 * Sec. 6. AS 08.32.081 is amended to read: 27 Sec. 08.32.081. Lapse and reinstatement of license. A licensed dental 28 hygienist who does not pay the renewal [REGISTRATION] fee under AS 08.32.071 29 forfeits the hygienist's license. The board may reinstate the license without 30 examination within two years of the date on which payment was due upon written 31 application, proof of continued professional competence, and payment of all unpaid
01 renewal fees and any penalty fee established under AS 08.01.100(b). 02 * Sec. 7. AS 08.32.085(a) is amended to read: 03 (a) The board shall issue a restorative function endorsement to a licensed 04 dental hygienist [WHO IS LICENSED UNDER THIS CHAPTER] if the licensee 05 furnishes evidence satisfactory to the board that the licensee has 06 (1) successfully completed a course or program offered by or under 07 the auspices of a school accredited by the Commission on Dental Accreditation of the 08 American Dental Association or other equivalent course or program [OF 09 INSTRUCTION] approved by the board; and 10 (2) passed the Western Regional Examining Board's restorative 11 examination or other equivalent examination approved by the board within the five 12 years preceding the licensee's endorsement application, or the licensee is licensed, 13 certified, or otherwise permitted in another state or United States territory to 14 perform restorative functions. 15 * Sec. 8. AS 08.32.095(a) is amended to read: 16 (a) A person enrolled as a [FULL-TIME] student in an accredited school of 17 dental hygiene may perform dental hygiene procedures as part of a course of study 18 without a license if 19 (1) the procedures are performed under the 20 (A) general [DIRECT] supervision of a member of the faculty 21 who is licensed under AS 08.36, and under the direct or indirect 22 supervision of a member of the faculty who is licensed under this chapter; 23 or 24 (B) [UNDER THE] direct or indirect supervision of a 25 member of the faculty who [TEAM OF LICENSED FACULTY DENTISTS, 26 AT LEAST ONE OF WHOM] is licensed under AS 08.36; and 27 (2) the clinical program has received written approval from the board. 28 * Sec. 9. AS 08.32.110(a) is amended to read: 29 (a) The role of the dental hygienist is to assist members of the dental 30 profession in providing oral health care to the public. A person licensed to practice the 31 profession of dental hygiene in the state may,
01 (1) under the general supervision of a licensed dentist, 02 (A) perform preliminary charting and triage to formulate a 03 dental hygiene assessment and treatment plan; 04 (B) remove calcareous deposits, accretions, and stains from the 05 exposed surfaces of the teeth beginning at the epithelial attachment by scaling 06 and polishing techniques; 07 (C) remove marginal overhangs; 08 (D) use local periodontal therapeutic agents; 09 (E) perform nonsurgical periodontal therapy; 10 (F) [(2) APPLY TOPICAL PREVENTIVE AGENTS; 11 (3) APPLY PIT AND FISSURE SEALANTS; 12 (4) PERFORM ROOT PLANING AND PERIODONTAL SOFT 13 TISSUE CURETTAGE; 14 (5)] perform other dental operations and services delegated by a 15 licensed dentist if the dental operations and services are not prohibited by (c) of this 16 section; 17 (G) [AND (6)] if certified by the board [AND UNDER THE 18 DIRECT, INDIRECT, OR GENERAL SUPERVISION OF A LICENSED 19 DENTIST], administer local anesthetic agents; and 20 (2) if certified by the board and under the direct or indirect 21 supervision of a licensed dentist, administer and monitor nitrous oxide-oxygen 22 conscious sedation. 23 * Sec. 10. AS 08.32.110(c) is amended to read: 24 (c) This section does not authorize delegation of 25 (1) dental diagnosis [DIAGNOSING], treatment planning, and 26 writing prescriptions for drugs; writing authorizations for restorative, prosthetic, or 27 orthodontic appliances; 28 (2) operative or surgical procedures on hard or soft tissues [EXCEPT 29 AS ALLOWED IN (a)(4) OF THIS SECTION]; or 30 (3) other procedures that require the professional competence and skill 31 of a dentist.
01 * Sec. 11. AS 08.32.110(e) is amended to read: 02 (e) This section does not prohibit a licensed dental hygienist 03 (1) with an endorsement issued under AS 08.32.085 from performing 04 the activities authorized under AS 08.32.085; [OR] 05 (2) who has entered into a collaborative agreement approved by the 06 board under AS 08.32.115 from performing the activities authorized under the 07 collaborative agreement; or 08 (3) from performing a dental operation, procedure, or service a 09 dentist may delegate to a dental assistant under AS 08.36.346. 10 * Sec. 12. AS 08.32.115(a) is amended to read: 11 (a) If the collaborative agreement is approved by the board under (d) of this 12 section, a licensed dental hygienist with a minimum of 4,000 documented hours of 13 clinical experience within the five years preceding application for the board's approval 14 may enter into a collaborative agreement with a licensed dentist [LICENSED UNDER 15 AS 08.36] in which the licensed dentist authorizes the licensed dental hygienist to 16 perform one or more of the following: 17 (1) oral health promotion and disease prevention education; 18 (2) removal of calcareous deposits, accretions, and stains from the 19 surfaces of teeth; 20 (3) application of topical preventive or prophylactic agents, including 21 fluoride varnishes and pit and fissure sealants; 22 (4) polishing and smoothing restorations; 23 (5) removal of marginal overhangs; 24 (6) preliminary charting and triage to formulate a dental hygiene 25 assessment and treatment plan; 26 (7) the exposure and development of radiographs; 27 (8) use of local periodontal therapeutic agents; and 28 (9) performance of nonsurgical periodontal therapy, with or without 29 the administration of local anesthesia, subsequent to a licensed dentist's authorization 30 or diagnosis as specified in the licensed hygienist's collaborative agreement. 31 * Sec. 13. AS 08.32.115(d) is amended to read:
01 (d) The board may approve a collaborative agreement between a licensed 02 dentist and a licensed dental hygienist. However, the board may not approve more 03 than five collaborative agreements with a licensed dentist, not including any 04 collaborative agreements that have been terminated. A licensed dental hygienist shall 05 notify the board of the termination of a collaborative agreement with a licensed 06 dentist. 07 * Sec. 14. AS 08.32.160 is amended to read: 08 Sec. 08.32.160. Grounds for discipline, suspension, or revocation of license. 09 The board may revoke or suspend the license of a dental hygienist, or may reprimand, 10 censure, or discipline a licensee, if, after a hearing, the board finds that the licensee 11 (1) used or knowingly cooperated in deceit, fraud, or intentional 12 misrepresentation to obtain a license, certificate, or endorsement 13 [REGISTRATION]; 14 (2) engaged in deceit, fraud, or intentional misrepresentation in the 15 course of providing or billing for professional services or engaging in professional 16 activities; 17 (3) advertised professional services in a false or misleading manner; 18 (4) has been convicted of a felony or other crime that affects the 19 licensee's ability to continue to practice competently and safely; 20 (5) failed to comply with this chapter, with a regulation adopted under 21 this chapter or under AS 08.36, or with an order of the board; 22 (6) continued to practice after becoming unfit due to 23 (A) professional incompetence; 24 (B) addiction or dependence on alcohol or other drugs that 25 impairs the licensee's ability to practice safely; 26 (C) physical or mental disability; 27 [(D) FAILURE TO KEEP INFORMED OF OR USE 28 CURRENT PROFESSIONAL THEORIES AND PRACTICES;] 29 (7) engaged in lewd or immoral conduct in connection with the 30 delivery of professional service to patients; 31 (8) performed clinical procedures [FOR COMPENSATION] without
01 being under the supervision of a licensed dentist; 02 (9) did not conform to professional standards in delivering dental 03 hygiene services to patients regardless of whether actual injury to the patient 04 occurred. 05 * Sec. 15. AS 08.32.180 is amended by adding a new subsection to read: 06 (b) Notwithstanding AS 08.01.075(a)(8), the board may impose a civil fine not 07 to exceed $25,000 for each violation of this chapter or a regulation adopted under this 08 chapter. 09 * Sec. 16. AS 08.32.187(a) is amended to read: 10 (a) This chapter applies to a person who practices, or offers or attempts to 11 practice, as a dental hygienist in the state except 12 (1) a dental hygienist in the military service in the discharge of official 13 duties; 14 (2) a dental hygienist in the employ of the United States Public Health 15 Service, United States Department of Veterans Affairs, [ALASKA NATIVE 16 SERVICE,] or another agency of the federal government, in the discharge of official 17 duties; 18 (3) a dental hygienist licensed in another state or jurisdiction who is 19 teaching or demonstrating clinical techniques at a meeting, seminar, or limited course 20 of instruction sponsored by a dental or dental auxiliary society or association or by an 21 accredited dental or dental auxiliary educational institution; 22 (4) a dental hygienist employed in the state by an Alaska Native 23 organization that is recognized by and eligible to receive services from the United 24 States Department of the Interior, Bureau of Indian Affairs, while acting within 25 the scope of that employment. 26 * Sec. 17. AS 08.32.190 is amended by adding new paragraphs to read: 27 (6) "licensed dental hygienist" means a dental hygienist licensed under 28 this chapter; 29 (7) "licensed dentist" means a dentist licensed under AS 08.36. 30 * Sec. 18. AS 08.36.010(a) is amended to read: 31 (a) There is created the Board of Dental Examiners consisting of nine
01 members. Six members shall be licensed dentists who have been engaged in the 02 practice of dentistry in the state for five years immediately preceding appointment, 03 two members shall be dental hygienists licensed under AS 08.32 who have been 04 engaged in the practice of dental hygiene in the state for five years immediately 05 preceding appointment, and one member shall be a public member who does not have 06 a direct financial interest in the health care industry. 07 * Sec. 19. AS 08.36.010 is amended by adding new subsections to read: 08 (c) Each member shall take an oath of office. The president or secretary 09 elected under AS 08.36.030 may administer oaths. The oath shall be filed and 10 preserved in the department. 11 (d) The board shall adopt a seal. 12 * Sec. 20. AS 08.36.070 is amended to read: 13 Sec. 08.36.070. General powers. (a) The board shall 14 (1) provide for the examination of applicants and the credentialing 15 and licensure of [ISSUE LICENSES TO] those applicants it finds qualified; 16 (2) maintain a registry of [REGISTER] licensed dentists, [AND] 17 licensed dental hygienists, and certified dental assistants who are in good standing; 18 (3) affiliate with the American Association of Dental Boards 19 [EXAMINERS] and pay annual dues to the association; 20 (4) hold hearings and order the disciplinary sanction of a person who 21 violates this chapter, AS 08.32, or a regulation of the board; 22 (5) supply forms for applications, licenses, permits, certificates, and 23 other papers and records; 24 (6) enforce the provisions of this chapter and AS 08.32 and adopt or 25 amend the regulations necessary to make the provisions of this chapter and AS 08.32 26 effective; 27 (7) adopt regulations ensuring that renewal of a license or certificate 28 under this chapter or a license, certificate, or endorsement under AS 08.32 29 [REGISTRATION] is contingent upon proof of continued professional competence 30 [BY A LICENSED DENTIST OR LICENSED DENTAL HYGIENIST]; 31 (8) [PROVIDE THE DEPARTMENT WITH THE REQUIREMENTS
01 FOR PROOF OF CONTINUED PROFESSIONAL COMPETENCE AND REQUEST 02 THE DEPARTMENT TO MAKE THESE REQUIREMENTS AVAILABLE TO 03 EACH LICENSED DENTIST AND LICENSED DENTAL HYGIENIST AT LEAST 04 ONE YEAR BEFORE THE DATE ON WHICH THE DENTIST OR DENTAL 05 HYGIENIST MUST RENEW REGISTRATION; 06 (9)] at least annually, cause to be published on the Internet and in a 07 newspaper of general circulation in each major city in the state a summary of 08 disciplinary actions the board has taken during the preceding calendar year; 09 (9) [(10)] issue permits or certificates to licensed dentists, licensed 10 dental hygienists, and dental assistants who meet standards determined by the board 11 for specific procedures that require specific education and training [; 12 (11) REGULATE THE REENTRY INTO PRACTICE OF INACTIVE 13 DENTISTS AND DENTAL HYGIENISTS; 14 (12) REQUIRE, AS A CONDITION OF A LICENSE OR LICENSE 15 RENEWAL ISSUED BY THE BOARD, THAT AN APPLICANT OR LICENSEE 16 HAS, AT THE TIME OF LICENSING OR RENEWAL AND MAINTAINS 17 THROUGHOUT THE PERIOD OF A LICENSE, CURRENT CERTIFICATION IN 18 CARDIOPULMONARY RESUSCITATION TECHNIQUES, EXCEPT THAT THE 19 BOARD MAY WAIVE THIS REQUIREMENT UNDER AN AGREEMENT WITH 20 THE APPLICANT OR LICENSEE IF THE APPLICANT OR LICENSEE 21 DOCUMENTS, TO THE SATISFACTION OF THE BOARD, THE EXISTENCE OF 22 A PHYSICAL IMPAIRMENT THAT RESULTS IN AN INABILITY TO BE 23 CERTIFIED IN CARDIOPULMONARY RESUSCITATION TECHNIQUES AND 24 THE AGREEMENT SPECIFIES THAT THE APPLICANT OR LICENSEE WILL 25 ENSURE THAT ANOTHER PERSON WHO IS CERTIFIED IN 26 CARDIOPULMONARY RESUSCITATION TECHNIQUES WILL BE IN THE 27 SAME ROOM AS THE APPLICANT OR LICENSEE WHENEVER THE 28 APPLICANT OR LICENSEE IS PRACTICING DENTISTRY ON A LIVING 29 PATIENT WHO IS ALSO PRESENT; THE BOARD MAY INCLUDE IN THE 30 AGREEMENT AN EXPIRATION DATE OR PROVIDE THAT THE AGREEMENT 31 REMAINS IN EFFECT UNTIL REVIEWED BY THE BOARD].
01 (b) The board may 02 (1) order a licensed dentist or licensed dental hygienist to submit to a 03 reasonable physical or mental examination if the dentist's or the dental hygienist's 04 physical or mental capacity to practice safely is at issue; [AND] 05 (2) authorize a designee of the board or the board's investigator 06 [ITS REPRESENTATIVE] to inspect the practice facilities or patient or professional 07 records of a dentist at reasonable times and in a reasonable manner to monitor 08 compliance with this chapter and with AS 08.32; and 09 (3) delegate the board's powers to act, hear, and decide matters as 10 authorized by AS 44.62. 11 * Sec. 21. AS 08.36 is amended by adding a new section to read: 12 Sec. 08.36.073. Investigator. After consulting with the board, the department 13 shall employ a person who is not a member of the board as the investigator for the 14 board. The investigator shall 15 (1) conduct investigations into alleged violations of this chapter and 16 into alleged violations of regulations and orders of the board; 17 (2) at the request of the board, conduct investigations based on 18 complaints filed with the department or with the board; and 19 (3) be directly responsible and accountable to the board, except that 20 only the department has authority to terminate the investigator's employment and the 21 department shall provide day-to-day and administrative supervision of the 22 investigator. 23 * Sec. 22. AS 08.36.075(a) is amended to read: 24 (a) The [SUBJECT TO (b) OF THIS SECTION, THE] board shall establish 25 standards that comply with applicable federal law for the registration, use, and 26 inspection of dental radiological equipment, including standards for record keeping 27 relating to the control panels and the use of the equipment. The board may charge a 28 fee for dental radiological equipment registered under this section [INSPECTION 29 STANDARDS ADOPTED BY THE BOARD MUST REQUIRE THAT AN 30 INSPECTION BE PERFORMED BY A PERSON WHO HAS QUALIFICATIONS 31 EQUIVALENT TO THE QUALIFICATIONS ESTABLISHED AS OF
01 SEPTEMBER 7, 1998, IN THE "APPLICANT PROFILE AND JOB 02 QUALIFICATION SUMMARY" FOR A STATE RADIOLOGICAL HEALTH 03 SPECIALIST I]. 04 * Sec. 23. AS 08.36.091 is amended to read: 05 Sec. 08.36.091. Records and reports. The board shall maintain 06 (1) a record of its proceedings; 07 (2) a registry [REGISTER] containing the name, office and home 08 addresses, and other information considered necessary by the board [,] of each person 09 licensed as a dentist or dental hygienist or certified as a dental assistant, [AND] a 10 registry [REGISTER] of the licenses, certificates, and endorsements revoked by the 11 board, and information on the status of each licensee and each certified dental 12 assistant. 13 * Sec. 24. AS 08.36.100 is amended to read: 14 Sec. 08.36.100. License required. Except as provided in AS 08.36.238, a 15 person may not practice, or attempt to practice, dentistry without a license [AND A 16 CURRENT CERTIFICATE OF REGISTRATION]. 17 * Sec. 25. AS 08.36.110 is amended to read: 18 Sec. 08.36.110. Qualifications for license. An applicant for a license to 19 practice dentistry shall 20 (1) provide certification to the board that the applicant 21 (A) is a graduate of a dental school that, at the time of 22 graduation, is approved [ACCREDITED] by the board [COMMISSION ON 23 ACCREDITATION OF THE AMERICAN DENTAL ASSOCIATION]; 24 (B) [HOLDS A CERTIFICATE FROM THE AMERICAN 25 DENTAL ASSOCIATION JOINT COMMISSION ON NATIONAL 26 DENTAL EXAMINATIONS THAT THE APPLICANT] has successfully 27 passed a [THE] written examination approved [EXAMINATIONS GIVEN] 28 by the board [COMMISSION]; 29 (C) has not had a license to practice dentistry revoked, 30 suspended, or voluntarily surrendered in this state or another state; 31 (D) is not the subject of an adverse decision based upon a
01 complaint, investigation, review procedure, or other disciplinary proceeding 02 within the five years immediately preceding application, or of an unresolved 03 complaint, investigation, review procedure, or other disciplinary proceeding, 04 undertaken by a state, territorial, local, or federal dental licensing jurisdiction 05 [OR A DENTAL SOCIETY]; 06 (E) is not the subject of an unresolved or an adverse decision 07 based upon a complaint, investigation, review procedure, or other disciplinary 08 proceeding, undertaken by a state, territorial, local, or federal dental licensing 09 jurisdiction [, DENTAL SOCIETY,] or law enforcement agency that relates to 10 criminal or fraudulent activity, dental malpractice, or negligent dental care and 11 that adversely reflects on the applicant's ability or competence to practice 12 dentistry or on the safety or well-being of patients; 13 (F) is not the subject of an adverse report from the National 14 Practitioner Data Bank or the American Association of Dental Boards 15 [EXAMINERS] Clearinghouse for Board Actions that relates to criminal or 16 fraudulent activity, or dental malpractice; 17 (G) is not impaired to an extent that affects the applicant's 18 ability to practice dentistry; 19 (H) has not been convicted of a crime that adversely reflects on 20 the applicant's ability or competency to practice dentistry or that jeopardizes 21 the safety or well-being of a patient; 22 (2) pass, to the satisfaction of the board, written, clinical, and other 23 examinations administered or approved by the board; and 24 (3) meet the other qualifications for a license established by the board 25 by regulation. 26 * Sec. 26. AS 08.36.110 is amended by adding a new subsection to read: 27 (b) An applicant for licensure shall be interviewed in person by the board or 28 by a member of the board before a license is issued. The interview must be recorded. 29 If the application is denied on the basis of the interview, the denial shall be stated in 30 writing, with the reasons for it, and the record shall be preserved. 31 * Sec. 27. AS 08.36.234(a) is repealed and reenacted to read:
01 (a) The board may waive the examination requirement and license by 02 credentials if the dentist applicant meets the requirements of AS 08.36.110, submits 03 proof of continued competence as required by regulation, pays the required fee, and 04 has 05 (1) an active license from a board of dental examiners established 06 under the laws of a state or territory of the United States issued after thorough 07 examination; or 08 (2) passed an examination as specified by the board in regulations. 09 * Sec. 28. AS 08.36.234(b) is amended to read: 10 (b) A dentist applying for licensure without [CLINICAL] examination is 11 responsible for providing to the board all materials required by [THIS SECTION OR 12 BY] the board to implement this section to establish eligibility for a license without 13 [CLINICAL] examination. In addition to the grounds for revocation of a license under 14 AS 08.36.315, the board may revoke a license issued without [A CLINICAL] 15 examination upon evidence of misinformation or substantial omission. 16 * Sec. 29. AS 08.36.238(a) is amended to read: 17 (a) A person enrolled as a [FULL-TIME] student in an accredited school of 18 dentistry may perform procedures as part of a course of study without a license if 19 (1) the procedures are performed under the direct supervision of a 20 member of the faculty who is licensed under this chapter, or under the direct 21 supervision of a team of licensed faculty dentists, at least one of whom is licensed 22 under this chapter; and 23 (2) the clinical program has received written approval from the board. 24 * Sec. 30. AS 08.36.250(a) is amended to read: 25 (a) At least 60 days before expiration of a license issued under this chapter 26 [LICENSEE'S REGISTRATION CERTIFICATE], the department shall mail a license 27 renewal form [FOR RENEWAL OF REGISTRATION] to each licensed dentist. A 28 licensee who wishes to renew a license shall complete the form and return it with the 29 appropriate fee and evidence of continued professional competence as required by the 30 board. The department shall, as soon as practicable, issue a new license 31 [REGISTRATION CERTIFICATE] valid for a stated number of years. [A LICENSEE
01 SHALL KEEP THE REGISTRATION CERTIFICATE BESIDE OR ATTACHED 02 TO THE LICENSEE'S LICENSE.] Failure to receive the license renewal 03 [REGISTRATION] form does not exempt a licensee from renewing a license to 04 practice dentistry under this chapter [REGISTRATION]. 05 * Sec. 31. AS 08.36.250 is amended by adding a new subsection to read: 06 (c) A licensed dentist who does not pay the license renewal fee forfeits the 07 dentist's license. The board may reinstate the license without examination within two 08 years after the date on which payment was due upon written application, proof of 09 continued professional competence, and payment of all unpaid renewal fees and any 10 penalty fee established under AS 08.01.100(b). 11 * Sec. 32. AS 08.36.315 is amended to read: 12 Sec. 08.36.315. Grounds for discipline, suspension, or revocation of license. 13 The board may revoke or suspend the license of a dentist, or may reprimand, censure, 14 or discipline a dentist, or both, if the board finds after a hearing that the dentist 15 (1) used or knowingly cooperated in deceit, fraud, or intentional 16 misrepresentation to obtain a license; 17 (2) engaged in deceit, fraud, or intentional misrepresentation in the 18 course of providing or billing for professional dental services or engaging in 19 professional activities; 20 (3) advertised professional dental services in a false or misleading 21 manner; 22 (4) received compensation for referring a person to another dentist or 23 dental practice; 24 (5) has been convicted of a felony or other crime that affects the 25 dentist's ability to continue to practice dentistry competently and safely; 26 (6) engaged in the performance of patient care, or permitted the 27 performance of patient care by persons under the dentist's supervision, regardless of 28 whether actual injury to the patient occurred, 29 (A) that did [DOES] not conform to minimum professional 30 standards of dentistry [REGARDLESS OF WHETHER ACTUAL INJURY 31 TO THE PATIENT OCCURRED]; or
01 (B) when the dentist, or a person under the supervision of 02 the dentist, did not have the permit or certificate required under AS 08.32 03 or this chapter; 04 (7) failed to comply with this chapter, with a regulation adopted under 05 this chapter, or with an order of the board; 06 (8) continued to practice after becoming unfit due to 07 (A) professional incompetence; 08 (B) [FAILURE TO KEEP INFORMED OF OR USE 09 CURRENT PROFESSIONAL THEORIES OR PRACTICES; 10 (C)] addiction or dependence on alcohol or other drugs that 11 impair [IMPAIRS] the dentist's ability to practice safely; 12 (C) [(D)] physical or mental disability; 13 (9) engaged in lewd or immoral conduct in connection with the 14 delivery of professional service to patients; 15 (10) permitted a dental hygienist or dental assistant who is employed 16 by the dentist or working under the dentist's supervision to perform a dental procedure 17 in violation of AS 08.32.110 or AS 08.36.346 [AS 08.36.070(a)(10)]; 18 (11) failed to report to the board a death that occurred on the premises 19 used for the practice of dentistry within 48 hours; 20 (12) falsified or destroyed patient or facility records or failed to 21 maintain a patient or facility record for at least seven years after the date the 22 record was created. 23 * Sec. 33. AS 08.36.344(a) is amended to read: 24 (a) The board shall issue a restorative function certificate to a dental assistant 25 if the dental assistant furnishes evidence satisfactory to the board that the dental 26 assistant has 27 (1) successfully completed a course or program offered by or under 28 the auspices of a school accredited by the Commission on Dental Accreditation of the 29 American Dental Association or other equivalent course or program [OF 30 INSTRUCTION] approved by the board; and 31 (2) passed the Western Regional Examining Board's restorative
01 examination or other equivalent examination approved by the board within the five 02 years preceding the dental assistant's certificate application, or the dental assistant has 03 legal authorization from another state or jurisdiction to perform restorative functions. 04 * Sec. 34. AS 08.36 is amended by adding a new section to read: 05 Sec. 08.36.347. Exemption from certificate requirement. (a) A person 06 enrolled in a program or course of study to become a dental assistant in an accredited 07 dental assisting program may perform dental assisting procedures as part of a course 08 of study without a certificate if the procedures are performed 09 (1) under the direct supervision of a member of the faculty who is 10 licensed under this chapter or AS 08.32; and 11 (2) as part of a clinical program that has received written approval 12 from the board. 13 (b) A person performing dental assisting procedures under (a) of this section is 14 subject to all other provisions of this chapter and statutes and regulations that apply to 15 the practice of dental assisting by a certified dental assistant. 16 * Sec. 35. AS 08.36 is amended by adding a new section to read: 17 Sec. 08.36.367. Ownership of a dental office or facility. (a) Only a person 18 who holds a valid license issued under this chapter may own, operate, or maintain a 19 dental practice, office, or clinic. This restriction does not apply to 20 (1) a labor organization or a nonprofit organization formed by or on 21 behalf of a labor organization for the purpose of providing dental services; 22 (2) an institution of higher education recognized by the board; 23 (3) a local government; 24 (4) an institution or program accredited by the Commission on Dental 25 Accreditation of the American Dental Association to provide education and training; 26 (5) a nonprofit corporation organized under state law to provide dental 27 services to rural areas and medically underserved populations of migrant, rural 28 community, or homeless individuals under 42 U.S.C. 254b or 254c or health centers 29 qualified under 42 U.S.C. 1396d(l)(2)(B) operating in compliance with other 30 applicable state and federal law; 31 (6) a nonprofit charitable corporation described in 26 U.S.C. 501(c)(3)
01 (Internal Revenue Code) and determined by the board to be providing dental services 02 by volunteer licensed dentists to populations with limited access to dental care at no 03 charge or a substantially reduced charge. 04 (b) For the purpose of owning or operating a dental practice, office, or clinic, 05 an entity described in (a) of this section shall 06 (1) name a licensed dentist as its dental director, who shall be subject 07 to the provisions of AS 08.36.315 and 08.36.317 in the capacity of dental director; the 08 dental director, or an actively licensed dentist designated by the director, shall have 09 responsibility for the entity's practice of dentistry; and 10 (2) maintain current records of the names of licensed dentists who 11 supervise dental hygienists, dental assistants, and other personnel involved in direct 12 patient care who are employed by the entity; the records must be available to the board 13 upon written request. 14 (c) Nothing in this chapter precludes a person or entity not licensed by the 15 board from 16 (1) ownership or leasehold of any tangible or intangible assets used in 17 a dental office or clinic, including real property, furnishings, equipment, and 18 inventory, but not including dental records of patients related to clinical care; 19 (2) employing or contracting for the services of personnel other than 20 licensed dentists; or 21 (3) management of the business aspects of a dental office or clinic that 22 do not include the practice of dentistry. 23 (d) If all of the ownership interests of a dentist or dentists in a dental office or 24 clinic are held by an administrator, executor, personal representative, guardian, 25 conservator, or receiver of the estate of a former shareholder, member, or partner, the 26 administrator, executor, personal representative, guardian, conservator, or receiver 27 may retain the ownership interest for a period of 12 months following the creation of 28 the ownership interest. The board shall extend the ownership period for an additional 29 12 months upon 30 days' notice and may grant additional extensions upon reasonable 30 request. 31 (e) In this section, "labor organization" means an organization, not for
01 pecuniary profit, constituted wholly or partly to bargain collectively or deal with 02 employers, including the state and its political subdivisions, concerning grievances, 03 terms or conditions of employment, or other mutual aid or protection in connection 04 with employees that has existed for at least three years and that has a constitution and 05 bylaws. 06 * Sec. 36. AS 08.36.370 is amended by adding new paragraphs to read: 07 (7) "certified dental assistant" means a person who holds a current 08 coronal polishing certificate or restorative function certificate issued by the board; 09 (8) "licensed dental hygienist" means a dental hygienist licensed under 10 AS 08.32; 11 (9) "licensed dentist" means a dentist licensed under this chapter. 12 * Sec. 37. AS 08.32.020, 08.32.035, 08.32.040, 08.32.060, 08.32.097, 08.32.100, 08.32.120, 13 08.32.130, 08.32.140, 08.32.190(2); AS 08.36.075(b), 08.36.075(c), 08.36.075(d), 14 08.36.075(e), 08.36.114, 08.36.230, 08.36.244, 08.36.246, 08.36.247, 08.36.248, 08.36.260, 15 08.36.271, 08.36.290, 08.36.350(a)(3), and 08.36.350(a)(4) are repealed. 16 * Sec. 38. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 REVISOR'S INSTRUCTION. The revisor of statutes shall change the catch line of 19 AS 08.36.250 from "Renewal of registration" to "License renewal, lapse, and reinstatement."