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 ; 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.