CSSB 92(FIN): "An Act relating to dental hygienists, dentists, dental assistants, dental hygiene, and dentistry."
00 CS FOR SENATE BILL NO. 92(FIN) 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 an academic program in dental 14 hygiene of at least two years duration that, at the time of graduation, is
01 accredited by the Commission on Dental Accreditation of the American Dental 02 Association and is approved by 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 [REQUIRED] under AS 08.01.065 03 [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 notify the [MAIL A FORM FOR RENEWAL OF 16 REGISTRATION TO EACH] licensed dental hygienist. Each licensee who wishes to 17 renew a dental hygienist's license shall submit a completed license renewal form, 18 [REGISTRATION CERTIFICATE SHALL COMPLETE THE FORM AND 19 RETURN IT WITH] the appropriate fee, and evidence of continued professional 20 competence as required by the board. The Department of Commerce, Community, and 21 Economic Development shall, as soon as practicable, issue a dental hygienist license 22 [REGISTRATION CERTIFICATE] valid for a stated number of years. [EACH 23 LICENSEE SHALL KEEP THE REGISTRATION CERTIFICATE BESIDE OR 24 ATTACHED TO THE LICENSEE'S LICENSE.] Failure to receive notification from 25 the department under this section [THE REGISTRATION FORM] does not exempt 26 a licensee from renewing the licensee's dental hygienist license [REGISTRATION]. 27 * Sec. 6. AS 08.32.081 is amended to read: 28 Sec. 08.32.081. Lapse and reinstatement of license. A licensed dental 29 hygienist who does not pay the renewal [REGISTRATION] fee under AS 08.32.071 30 forfeits the hygienist's license. The board may reinstate the license without 31 examination within two years of the date on which payment was due upon written
01 application, proof of continued professional competence, and payment of all unpaid 02 renewal fees and any penalty fee established under AS 08.01.100(b). 03 * Sec. 7. AS 08.32.085(a) is amended to read: 04 (a) The board shall issue a restorative function endorsement to a licensed 05 dental hygienist [WHO IS LICENSED UNDER THIS CHAPTER] if the licensee 06 furnishes evidence satisfactory to the board that the licensee has 07 (1) successfully completed a course offered by or under the auspices 08 of a program accredited by the Commission on Dental Accreditation of the American 09 Dental Association or other equivalent course or program [OF INSTRUCTION] 10 approved by the board; and 11 (2) passed the Western Regional Examining Board's restorative 12 examination or other equivalent examination approved by the board within the five 13 years preceding the licensee's endorsement application, or the licensee is licensed, 14 certified, or otherwise permitted in another state or United States territory to 15 perform restorative functions. 16 * Sec. 8. AS 08.32.095(a) is amended to read: 17 (a) A person enrolled as a [FULL-TIME] student in an accredited [SCHOOL 18 OF] dental hygiene program may perform dental hygiene procedures as part of a 19 course of study without a license if 20 (1) the procedures are performed under the 21 (A) general [DIRECT] supervision of a member of the faculty 22 who is licensed under AS 08.36, and under the direct or indirect 23 supervision of a member of the faculty who is licensed under this chapter; 24 or 25 (B) [UNDER THE] direct or indirect supervision of a 26 member of the faculty who [TEAM OF LICENSED FACULTY DENTISTS, 27 AT LEAST ONE OF WHOM] is licensed under AS 08.36; and 28 (2) the clinical program has received written approval from the board. 29 * Sec. 9. AS 08.32.110(a) is amended to read: 30 (a) The role of the dental hygienist is to assist members of the dental 31 profession in providing oral health care to the public. A person licensed to practice the
01 profession of dental hygiene in the state may, 02 (1) under the general supervision of a licensed dentist, 03 (A) perform preliminary charting and triage to formulate a 04 dental hygiene assessment and dental hygiene treatment plan; 05 (B) remove calcareous deposits, accretions, and stains from the 06 exposed surfaces of the teeth beginning at the epithelial attachment by scaling 07 and polishing techniques; 08 (C) remove marginal overhangs; 09 (D) use local periodontal therapeutic agents; 10 (E) perform nonsurgical periodontal therapy; 11 (F) [(2) APPLY TOPICAL PREVENTIVE AGENTS; 12 (3) APPLY PIT AND FISSURE SEALANTS; 13 (4) PERFORM ROOT PLANING AND PERIODONTAL SOFT 14 TISSUE CURETTAGE; 15 (5)] perform other dental operations and services delegated by a 16 licensed dentist if the dental operations and services are not prohibited by (c) of this 17 section; 18 (G) [AND (6)] if certified by the board [AND UNDER THE 19 DIRECT, INDIRECT, OR GENERAL SUPERVISION OF A LICENSED 20 DENTIST], administer local anesthetic agents; and 21 (2) if certified by the board and under the direct or indirect 22 supervision of a licensed dentist, administer and monitor nitrous oxide-oxygen 23 conscious sedation. 24 * Sec. 10. AS 08.32.110(c) is amended to read: 25 (c) This section does not authorize delegation of 26 (1) dental diagnosis, comprehensive [DIAGNOSING,] treatment 27 planning, and writing prescriptions for drugs; writing authorizations for restorative, 28 prosthetic, or orthodontic appliances; 29 (2) operative or surgical procedures on hard or soft tissues [EXCEPT 30 AS ALLOWED IN (a)(4) OF THIS SECTION]; or 31 (3) other procedures that require the professional competence and skill
01 of a dentist. 02 * Sec. 11. AS 08.32.110(e) is amended to read: 03 (e) This section does not prohibit a licensed dental hygienist 04 (1) with an endorsement issued under AS 08.32.085 from performing 05 the activities authorized under AS 08.32.085; [OR] 06 (2) who has entered into a collaborative agreement approved by the 07 board under AS 08.32.115 from performing the activities authorized under the 08 collaborative agreement; or 09 (3) from performing a dental operation, procedure, or service a 10 dentist may delegate to a dental assistant under AS 08.36.346. 11 * Sec. 12. AS 08.32.115(a) is amended to read: 12 (a) If the collaborative agreement is approved by the board under (d) of this 13 section, a licensed dental hygienist with a minimum of 4,000 documented hours of 14 clinical experience within the five years preceding application for the board's approval 15 may enter into a collaborative agreement with a licensed dentist [LICENSED UNDER 16 AS 08.36] in which the licensed dentist authorizes the licensed dental hygienist to 17 perform one or more of the following: 18 (1) oral health promotion and disease prevention education; 19 (2) removal of calcareous deposits, accretions, and stains from the 20 surfaces of teeth; 21 (3) application of topical preventive or prophylactic agents, including 22 fluoride varnishes and pit and fissure sealants; 23 (4) polishing and smoothing restorations; 24 (5) removal of marginal overhangs; 25 (6) preliminary charting and triage to formulate a dental hygiene 26 assessment and dental hygiene treatment plan; 27 (7) the exposure and development of radiographs; 28 (8) use of local periodontal therapeutic agents; and 29 (9) performance of nonsurgical periodontal therapy, with or without 30 the administration of local anesthesia, subsequent to a licensed dentist's authorization 31 or diagnosis as specified in the licensed hygienist's collaborative agreement.
01 * Sec. 13. AS 08.32.115(d) is amended to read: 02 (d) The board may approve a collaborative agreement between a licensed 03 dentist and a licensed dental hygienist. However, the board may not approve more 04 than five collaborative agreements with a licensed dentist, not including any 05 collaborative agreements that have been terminated. A licensed dental hygienist shall 06 notify the board of the termination of a collaborative agreement with a licensed 07 dentist. 08 * Sec. 14. AS 08.32.160 is amended to read: 09 Sec. 08.32.160. Grounds for discipline, suspension, or revocation of license. 10 The board may revoke or suspend the license of a dental hygienist, or may reprimand, 11 censure, or discipline a licensee, if, after a hearing, the board finds that the licensee 12 (1) used or knowingly cooperated in deceit, fraud, or intentional 13 misrepresentation to obtain a license, certificate, or endorsement 14 [REGISTRATION]; 15 (2) engaged in deceit, fraud, or intentional misrepresentation in the 16 course of providing or billing for professional services or engaging in professional 17 activities; 18 (3) advertised professional services in a false or misleading manner; 19 (4) has been convicted of a felony or other crime that affects the 20 licensee's ability to continue to practice competently and safely; 21 (5) failed to comply with this chapter, with a regulation adopted under 22 this chapter or under AS 08.36, or with an order of the board; 23 (6) continued to practice after becoming unfit due to 24 (A) professional incompetence; 25 (B) addiction or dependence on alcohol or other drugs that 26 impairs the licensee's ability to practice safely; 27 (C) physical or mental disability; 28 [(D) FAILURE TO KEEP INFORMED OF OR USE 29 CURRENT PROFESSIONAL THEORIES AND PRACTICES;] 30 (7) engaged in lewd or immoral conduct in connection with the 31 delivery of professional service to patients;
01 (8) performed clinical procedures [FOR COMPENSATION] without 02 being under the supervision of a licensed dentist; 03 (9) did not conform to professional standards in delivering dental 04 hygiene services to patients regardless of whether actual injury to the patient 05 occurred. 06 * Sec. 15. AS 08.32.180 is amended by adding a new subsection to read: 07 (b) Notwithstanding AS 08.01.075(a)(8), the board may impose a civil fine not 08 to exceed $25,000 for each violation of this chapter or a regulation adopted under this 09 chapter. 10 * Sec. 16. AS 08.32.187(a) is amended to read: 11 (a) This chapter applies to a person who practices, or offers or attempts to 12 practice, as a dental hygienist in the state except 13 (1) a dental hygienist in the military service in the discharge of official 14 duties; 15 (2) a dental hygienist in the employ of the United States Public Health 16 Service, United States Department of Veterans Affairs, United States Indian Health 17 [ALASKA NATIVE] Service, or another agency of the federal government, in the 18 discharge of official duties; 19 (3) a dental hygienist licensed in another state or jurisdiction who is 20 teaching or demonstrating clinical techniques at a meeting, seminar, or limited course 21 of instruction sponsored by a dental or dental auxiliary society or association or by an 22 accredited dental or dental auxiliary educational institution; 23 (4) a dental hygienist employed in the state by an Indian health 24 program, as that term is defined in 25 U.S.C. 1603, while providing dental 25 hygiene services to a person the Indian health program is entitled to serve under 26 25 U.S.C. 450 et seq. (Indian Self-Determination and Education Assistance Act), 27 as amended, and 25 U.S.C. 1601 et seq. (Indian Health Care Improvement Act), 28 as amended. 29 * Sec. 17. AS 08.32.190 is amended by adding new paragraphs to read: 30 (6) "licensed dental hygienist" means a dental hygienist licensed under 31 this chapter;
01 (7) "licensed dentist" means a dentist licensed under AS 08.36. 02 * Sec. 18. AS 08.36.010(a) is amended to read: 03 (a) There is created the Board of Dental Examiners consisting of nine 04 members. Six members shall be licensed dentists who have been engaged in the 05 practice of dentistry in the state for five years immediately preceding appointment, 06 two members shall be dental hygienists licensed under AS 08.32 who have been 07 engaged in the practice of dental hygiene in the state for five years immediately 08 preceding appointment, and one member shall be a public member who does not have 09 a direct financial interest in the health care industry. 10 * Sec. 19. AS 08.36.010 is amended by adding new subsections to read: 11 (c) Each member shall take an oath of office. The president or secretary 12 elected under AS 08.36.030 may administer oaths. The oath shall be filed and 13 preserved in the department. 14 (d) The board shall adopt a seal. 15 * Sec. 20. AS 08.36.030 is amended to read: 16 Sec. 08.36.030. Election of officers. (a) The board shall elect from among its 17 members 18 (1) a president who is a licensed dentist or licensed dental hygienist; 19 and 20 (2) a secretary. 21 (b) Officers elected under (a) of this section [FROM AMONG ITS 22 MEMBERS, EACH TO] serve for a term not to exceed two years. 23 * Sec. 21. AS 08.36.070 is amended to read: 24 Sec. 08.36.070. General powers. (a) The board shall 25 (1) provide for the examination of applicants and the credentialing 26 and licensure of [ISSUE LICENSES TO] those applicants it finds qualified; 27 (2) maintain a registry of [REGISTER] licensed dentists, [AND] 28 licensed dental hygienists, and certified dental assistants who are in good standing; 29 (3) affiliate with the American Association of Dental Boards 30 [EXAMINERS] and pay annual dues to the association; 31 (4) hold hearings and order the disciplinary sanction of a person who
01 violates this chapter, AS 08.32, or a regulation of the board; 02 (5) supply forms for applications, licenses, permits, certificates, and 03 other papers and records; 04 (6) enforce the provisions of this chapter and AS 08.32 and adopt or 05 amend the regulations necessary to make the provisions of this chapter and AS 08.32 06 effective; 07 (7) adopt regulations ensuring that renewal of a license or certificate 08 under this chapter or a license, certificate, or endorsement under AS 08.32 09 [REGISTRATION] is contingent upon proof of continued professional competence 10 [BY A LICENSED DENTIST OR LICENSED DENTAL HYGIENIST]; 11 (8) [PROVIDE THE DEPARTMENT WITH THE REQUIREMENTS 12 FOR PROOF OF CONTINUED PROFESSIONAL COMPETENCE AND REQUEST 13 THE DEPARTMENT TO MAKE THESE REQUIREMENTS AVAILABLE TO 14 EACH LICENSED DENTIST AND LICENSED DENTAL HYGIENIST AT LEAST 15 ONE YEAR BEFORE THE DATE ON WHICH THE DENTIST OR DENTAL 16 HYGIENIST MUST RENEW REGISTRATION; 17 (9)] at least annually, cause to be published on the Internet and in a 18 newspaper of general circulation in each major city in the state a summary of 19 disciplinary actions the board has taken during the preceding calendar year; 20 (9) [(10)] issue permits or certificates to licensed dentists, licensed 21 dental hygienists, and dental assistants who meet standards determined by the board 22 for specific procedures that require specific education and training [; 23 (11) REGULATE THE REENTRY INTO PRACTICE OF INACTIVE 24 DENTISTS AND DENTAL HYGIENISTS; 25 (12) REQUIRE, AS A CONDITION OF A LICENSE OR LICENSE 26 RENEWAL ISSUED BY THE BOARD, THAT AN APPLICANT OR LICENSEE 27 HAS, AT THE TIME OF LICENSING OR RENEWAL AND MAINTAINS 28 THROUGHOUT THE PERIOD OF A LICENSE, CURRENT CERTIFICATION IN 29 CARDIOPULMONARY RESUSCITATION TECHNIQUES, EXCEPT THAT THE 30 BOARD MAY WAIVE THIS REQUIREMENT UNDER AN AGREEMENT WITH 31 THE APPLICANT OR LICENSEE IF THE APPLICANT OR LICENSEE
01 DOCUMENTS, TO THE SATISFACTION OF THE BOARD, THE EXISTENCE OF 02 A PHYSICAL IMPAIRMENT THAT RESULTS IN AN INABILITY TO BE 03 CERTIFIED IN CARDIOPULMONARY RESUSCITATION TECHNIQUES AND 04 THE AGREEMENT SPECIFIES THAT THE APPLICANT OR LICENSEE WILL 05 ENSURE THAT ANOTHER PERSON WHO IS CERTIFIED IN 06 CARDIOPULMONARY RESUSCITATION TECHNIQUES WILL BE IN THE 07 SAME ROOM AS THE APPLICANT OR LICENSEE WHENEVER THE 08 APPLICANT OR LICENSEE IS PRACTICING DENTISTRY ON A LIVING 09 PATIENT WHO IS ALSO PRESENT; THE BOARD MAY INCLUDE IN THE 10 AGREEMENT AN EXPIRATION DATE OR PROVIDE THAT THE AGREEMENT 11 REMAINS IN EFFECT UNTIL REVIEWED BY THE BOARD]. 12 (b) The board may 13 (1) order a licensed dentist or licensed dental hygienist to submit to a 14 reasonable physical or mental examination if the dentist's or the dental hygienist's 15 physical or mental capacity to practice safely is at issue; [AND] 16 (2) authorize a designee of the board or the board's investigator 17 [ITS REPRESENTATIVE] to inspect the practice facilities or patient or professional 18 records of a dentist at reasonable times and in a reasonable manner to monitor 19 compliance with this chapter and with AS 08.32; and 20 (3) delegate the board's powers to act, hear, and decide matters as 21 authorized by AS 44.62. 22 * Sec. 22. AS 08.36 is amended by adding a new section to read: 23 Sec. 08.36.073. Investigator. After consulting with the board, the department 24 shall employ a person who is not a member of the board as the investigator for the 25 board. The investigator shall 26 (1) conduct investigations into alleged violations of this chapter and 27 into alleged violations of regulations and orders of the board; 28 (2) at the request of the board, conduct investigations based on 29 complaints filed with the department or with the board; and 30 (3) be directly responsible and accountable to the board, except that 31 only the department has authority to terminate the investigator's employment and the
01 department shall provide day-to-day and administrative supervision of the 02 investigator. 03 * Sec. 23. AS 08.36.075(a) is amended to read: 04 (a) The [SUBJECT TO (b) OF THIS SECTION, THE] board shall establish 05 standards that comply with applicable federal law for the registration, use, and 06 inspection of dental radiological equipment, including standards for record keeping 07 relating to the control panels and the use of the equipment. The board may charge a 08 fee for dental radiological equipment registered under this section [INSPECTION 09 STANDARDS ADOPTED BY THE BOARD MUST REQUIRE THAT AN 10 INSPECTION BE PERFORMED BY A PERSON WHO HAS QUALIFICATIONS 11 EQUIVALENT TO THE QUALIFICATIONS ESTABLISHED AS OF 12 SEPTEMBER 7, 1998, IN THE "APPLICANT PROFILE AND JOB 13 QUALIFICATION SUMMARY" FOR A STATE RADIOLOGICAL HEALTH 14 SPECIALIST I]. 15 * Sec. 24. AS 08.36.091 is amended to read: 16 Sec. 08.36.091. Records and reports. The board shall maintain 17 (1) a record of its proceedings; 18 (2) a registry [REGISTER] containing the name, office and home 19 addresses, and other information considered necessary by the board [,] of each person 20 licensed as a dentist or dental hygienist or certified as a dental assistant, [AND] a 21 registry [REGISTER] of the licenses, certificates, and endorsements revoked by the 22 board, and information on the status of each licensee and each certified dental 23 assistant. 24 * Sec. 25. AS 08.36.100 is amended to read: 25 Sec. 08.36.100. License required. Except as provided in AS 08.36.238, a 26 person may not practice, or attempt to practice, dentistry without a license [AND A 27 CURRENT CERTIFICATE OF REGISTRATION]. 28 * Sec. 26. AS 08.36.110 is amended to read: 29 Sec. 08.36.110. Qualifications for license. An applicant for a license to 30 practice dentistry shall 31 (1) provide certification to the board that the applicant
01 (A) is a graduate of a dental school that, at the time of 02 graduation, is approved [ACCREDITED] by the board [COMMISSION ON 03 ACCREDITATION OF THE AMERICAN DENTAL ASSOCIATION]; 04 (B) [HOLDS A CERTIFICATE FROM THE AMERICAN 05 DENTAL ASSOCIATION JOINT COMMISSION ON NATIONAL 06 DENTAL EXAMINATIONS THAT THE APPLICANT] has successfully 07 passed a [THE] written examination approved [EXAMINATIONS GIVEN] 08 by the board [COMMISSION]; 09 (C) has not had a license to practice dentistry revoked, 10 suspended, or voluntarily surrendered in this state or another state; 11 (D) is not the subject of an adverse decision based upon a 12 complaint, investigation, review procedure, or other disciplinary proceeding 13 within the five years immediately preceding application, or of an unresolved 14 complaint, investigation, review procedure, or other disciplinary proceeding, 15 undertaken by a state, territorial, local, or federal dental licensing jurisdiction 16 [OR A DENTAL SOCIETY]; 17 (E) is not the subject of an unresolved or an adverse decision 18 based upon a complaint, investigation, review procedure, or other disciplinary 19 proceeding, undertaken by a state, territorial, local, or federal dental licensing 20 jurisdiction [, DENTAL SOCIETY,] or law enforcement agency that relates to 21 criminal or fraudulent activity, dental malpractice, or negligent dental care and 22 that adversely reflects on the applicant's ability or competence to practice 23 dentistry or on the safety or well-being of patients; 24 (F) is not the subject of an adverse report from the National 25 Practitioner Data Bank or the American Association of Dental Boards 26 [EXAMINERS] Clearinghouse for Board Actions that relates to criminal or 27 fraudulent activity, or dental malpractice; 28 (G) is not impaired to an extent that affects the applicant's 29 ability to practice dentistry; 30 (H) has not been convicted of a crime that adversely reflects on 31 the applicant's ability or competency to practice dentistry or that jeopardizes
01 the safety or well-being of a patient; 02 (2) pass, to the satisfaction of the board, written, clinical, and other 03 examinations administered or approved by the board; and 04 (3) meet the other qualifications for a license established by the board 05 by regulation. 06 * Sec. 27. AS 08.36.110 is amended by adding a new subsection to read: 07 (b) An applicant for licensure shall be interviewed in person by the board or 08 by a member of the board before a license is issued. The interview must be recorded. 09 If the application is denied on the basis of the interview, the denial shall be stated in 10 writing, with the reasons for it, and the record shall be preserved. 11 * Sec. 28. AS 08.36.234(a) is repealed and reenacted to read: 12 (a) The board may waive the examination requirement and license by 13 credentials if the dentist applicant meets the requirements of AS 08.36.110, submits 14 proof of continued competence as required by regulation, pays the required fee, and 15 has 16 (1) an active license from a board of dental examiners established 17 under the laws of a state or territory of the United States issued after thorough 18 examination; or 19 (2) passed an examination as specified by the board in regulations. 20 * Sec. 29. AS 08.36.234(b) is amended to read: 21 (b) A dentist applying for licensure without [CLINICAL] examination is 22 responsible for providing to the board all materials required by [THIS SECTION OR 23 BY] the board to implement this section to establish eligibility for a license without 24 [CLINICAL] examination. In addition to the grounds for revocation of a license under 25 AS 08.36.315, the board may revoke a license issued without [A CLINICAL] 26 examination upon evidence of misinformation or substantial omission. 27 * Sec. 30. AS 08.36.238(a) is amended to read: 28 (a) A person enrolled as a [FULL-TIME] student in an accredited school of 29 dentistry may perform procedures as part of a course of study without a license if 30 (1) the procedures are performed under the direct supervision of a 31 member of the faculty who is licensed under this chapter, or under the direct
01 supervision of a team of licensed faculty dentists, at least one of whom is licensed 02 under this chapter; and 03 (2) the clinical program has received written approval from the board. 04 * Sec. 31. AS 08.36.250(a) is amended to read: 05 (a) At least 60 days before expiration of a license issued under this chapter 06 [LICENSEE'S REGISTRATION CERTIFICATE], the department shall notify the 07 [MAIL A FORM FOR RENEWAL OF REGISTRATION TO EACH] licensed 08 dentist. A licensee who wishes to renew a license shall submit a completed license 09 renewal form, [COMPLETE THE FORM AND RETURN IT WITH] the appropriate 10 fee, and evidence of continued professional competence as required by the board. The 11 department shall, as soon as practicable, issue a new license [REGISTRATION 12 CERTIFICATE] valid for a stated number of years. [A LICENSEE SHALL KEEP 13 THE REGISTRATION CERTIFICATE BESIDE OR ATTACHED TO THE 14 LICENSEE'S LICENSE.] Failure to receive notification from the department under 15 this subsection [THE REGISTRATION FORM] does not exempt a licensee from 16 renewing a license to practice dentistry under this chapter [REGISTRATION]. 17 * Sec. 32. AS 08.36.250 is amended by adding a new subsection to read: 18 (c) A licensed dentist who does not pay the license renewal fee forfeits the 19 dentist's license. The board may reinstate the license without examination within two 20 years after the date on which payment was due upon written application, proof of 21 continued professional competence, and payment of all unpaid renewal fees and any 22 penalty fee established under AS 08.01.100(b). 23 * Sec. 33. AS 08.36.315 is amended to read: 24 Sec. 08.36.315. Grounds for discipline, suspension, or revocation of license. 25 The board may revoke or suspend the license of a dentist, or may reprimand, censure, 26 or discipline a dentist, or both, if the board finds after a hearing that the dentist 27 (1) used or knowingly cooperated in deceit, fraud, or intentional 28 misrepresentation to obtain a license; 29 (2) engaged in deceit, fraud, or intentional misrepresentation in the 30 course of providing or billing for professional dental services or engaging in 31 professional activities;
01 (3) advertised professional dental services in a false or misleading 02 manner; 03 (4) received compensation for referring a person to another dentist or 04 dental practice; 05 (5) has been convicted of a felony or other crime that affects the 06 dentist's ability to continue to practice dentistry competently and safely; 07 (6) engaged in the performance of patient care, or permitted the 08 performance of patient care by persons under the dentist's supervision, regardless of 09 whether actual injury to the patient occurred, 10 (A) that did [DOES] not conform to minimum professional 11 standards of dentistry [REGARDLESS OF WHETHER ACTUAL INJURY 12 TO THE PATIENT OCCURRED]; or 13 (B) when the dentist, or a person under the supervision of 14 the dentist, did not have the permit or certificate required under AS 08.32 15 or this chapter; 16 (7) failed to comply with this chapter, with a regulation adopted under 17 this chapter, or with an order of the board; 18 (8) continued to practice after becoming unfit due to 19 (A) professional incompetence; 20 (B) [FAILURE TO KEEP INFORMED OF OR USE 21 CURRENT PROFESSIONAL THEORIES OR PRACTICES; 22 (C)] addiction or dependence on alcohol or other drugs that 23 impair [IMPAIRS] the dentist's ability to practice safely; 24 (C) [(D)] physical or mental disability; 25 (9) engaged in lewd or immoral conduct in connection with the 26 delivery of professional service to patients; 27 (10) permitted a dental hygienist or dental assistant who is employed 28 by the dentist or working under the dentist's supervision to perform a dental procedure 29 in violation of AS 08.32.110 or AS 08.36.346 [AS 08.36.070(a)(10)]; 30 (11) failed to report to the board a death that occurred on the premises 31 used for the practice of dentistry within 48 hours;
01 (12) falsified or destroyed patient or facility records or failed to 02 maintain a patient or facility record for at least seven years after the date the 03 record was created. 04 * Sec. 34. AS 08.36.344(a) is amended to read: 05 (a) The board shall issue a restorative function certificate to a dental assistant 06 if the dental assistant furnishes evidence satisfactory to the board that the dental 07 assistant has 08 (1) successfully completed a course offered by or under the auspices 09 of a program accredited by the Commission on Dental Accreditation of the American 10 Dental Association or other equivalent course or program [OF INSTRUCTION] 11 approved by the board; and 12 (2) passed the Western Regional Examining Board's restorative 13 examination or other equivalent examination approved by the board within the five 14 years preceding the dental assistant's certificate application, or the dental assistant has 15 legal authorization from another state or jurisdiction to perform restorative functions. 16 * Sec. 35. AS 08.36 is amended by adding a new section to read: 17 Sec. 08.36.347. Exemption from certificate requirement. (a) A person 18 enrolled in a program or course of study may perform dental assisting procedures as 19 part of that program or course of study without a certificate if the procedures are 20 performed 21 (1) under the direct supervision of a member of the faculty who is 22 licensed under this chapter or AS 08.32; and 23 (2) as part of a clinical program that has received written approval 24 from the board. 25 (b) A person performing dental assisting procedures under (a) of this section is 26 subject to all other provisions of this chapter and statutes and regulations that apply to 27 the practice of dental assisting by a certified dental assistant. 28 * Sec. 36. AS 08.36.350(a) is amended to read: 29 (a) This chapter applies to a person who practices, or offers or attempts to 30 practice, dentistry in the state except 31 (1) a dental surgeon or dentist in the military service in the discharge
01 of official duties; 02 (2) a dentist in the employ of the United States Public Health Service, 03 United States Department of Veterans Affairs, United States Indian Health 04 [ALASKA NATIVE] Service, or other agency of the federal government, in the 05 discharge of official duties; 06 (3) [A PHYSICIAN OR SURGEON; 07 (4) A DENTIST PROVIDING CARE IN AN ISOLATED AREA BY 08 AUTHORITY OF A PERMIT ISSUED UNDER AS 08.36.271; 09 (5)] a dentist licensed in another state who is teaching or 10 demonstrating clinical techniques at a meeting, seminar, or limited course of 11 instruction sponsored by a dental or dental auxiliary society or association or by an 12 accredited dental or dental auxiliary educational institution; 13 (4) [(6)] a dentist licensed in another state who provides emergency 14 care to an injured or ill person who reasonably appears to the dentist to be in 15 immediate need of emergency aid in order to avoid serious harm or death if the care is 16 provided without remuneration; 17 (5) a dentist employed in the state by an Indian health program, as 18 that term is defined in 25 U.S.C. 1603, while providing dental services to a person 19 the Indian health program is entitled to serve under 25 U.S.C. 450 et seq. (Indian 20 Self-Determination and Education Assistance Act), as amended, and 25 U.S.C. 21 1601 et seq. (Indian Health Care Improvement Act), as amended. 22 * Sec. 37. AS 08.36 is amended by adding a new section to read: 23 Sec. 08.36.367. Ownership of a dental office or facility. (a) Only a person 24 who holds a valid license issued under this chapter may own, operate, or maintain a 25 dental practice, office, or clinic. This restriction does not apply to 26 (1) a labor organization or a nonprofit organization formed by or on 27 behalf of a labor organization for the purpose of providing dental services; 28 (2) an institution of higher education recognized by the board; 29 (3) a local government; 30 (4) an institution or program accredited by the Commission on Dental 31 Accreditation of the American Dental Association to provide education and training;
01 (5) a nonprofit corporation organized under state law to provide dental 02 services to rural areas and medically underserved populations of migrant, rural 03 community, or homeless individuals under 42 U.S.C. 254b or 254c or health centers 04 qualified under 42 U.S.C. 1396d(l)(2)(B) operating in compliance with other 05 applicable state and federal law; 06 (6) a nonprofit charitable corporation described in 26 U.S.C. 501(c)(3) 07 (Internal Revenue Code) and determined by the board to be providing dental services 08 by volunteer licensed dentists to populations with limited access to dental care at no 09 charge or a substantially reduced charge. 10 (b) For the purpose of owning or operating a dental practice, office, or clinic, 11 an entity described in (a) of this section shall 12 (1) name a licensed dentist as its dental director, who shall be subject 13 to the provisions of AS 08.36.315 and 08.36.317 in the capacity of dental director; the 14 dental director, or an actively licensed dentist designated by the director, shall have 15 responsibility for the entity's practice of dentistry; and 16 (2) maintain current records of the names of licensed dentists who 17 supervise dental hygienists, dental assistants, and other personnel involved in direct 18 patient care who are employed by the entity; the records must be available to the board 19 upon written request. 20 (c) Nothing in this chapter precludes a person or entity not licensed by the 21 board from 22 (1) ownership or leasehold of any tangible or intangible assets used in 23 a dental office or clinic, including real property, furnishings, equipment, and 24 inventory, but not including dental records of patients related to clinical care; 25 (2) employing or contracting for the services of personnel other than 26 licensed dentists; or 27 (3) management of the business aspects of a dental office or clinic that 28 do not include the practice of dentistry. 29 (d) If all of the ownership interests of a dentist or dentists in a dental office or 30 clinic are held by an administrator, executor, personal representative, guardian, 31 conservator, or receiver of the estate of a former shareholder, member, or partner, the
01 administrator, executor, personal representative, guardian, conservator, or receiver 02 may retain the ownership interest for a period of 24 months following the creation of 03 the ownership interest. The board shall extend the ownership period for an additional 04 24 months upon 30 days' notice and may grant additional extensions upon reasonable 05 request. 06 (e) In this section, "labor organization" means an organization, not for 07 pecuniary profit, constituted wholly or partly to bargain collectively or deal with 08 employers, including the state and its political subdivisions, concerning grievances, 09 terms or conditions of employment, or other mutual aid or protection in connection 10 with employees that has existed for at least three years and that has a constitution and 11 bylaws. 12 * Sec. 38. AS 08.36.370 is amended by adding new paragraphs to read: 13 (7) "certified dental assistant" means a person who holds a current 14 coronal polishing certificate or restorative function certificate issued by the board; 15 (8) "licensed dental hygienist" means a dental hygienist licensed under 16 AS 08.32; 17 (9) "licensed dentist" means a dentist licensed under this chapter. 18 * Sec. 39. AS 08.32.020, 08.32.035, 08.32.040, 08.32.060, 08.32.097, 08.32.100, 08.32.120, 19 08.32.130, 08.32.140, 08.32.190(2); AS 08.36.075(b), 08.36.075(c), 08.36.075(d), 20 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, 21 08.36.271, and 08.36.290 are repealed. 22 * Sec. 40. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 REVISOR'S INSTRUCTION. The revisor of statutes shall change the catch line of 25 AS 08.36.250 from "Renewal of registration" to "License renewal, lapse, and reinstatement."