Session Law

Identifying Information:L. 2002 ch. 038
Other Identifying Information:2002 Senate Bill 630
Tax Type:Other
Brief Description:An Act concerning the Kansas dental board; amending K.S.A. 65-1426 and K.S.A. 2001 Supp. 65-1428, 65-1431, 65-1432, 65-1434, 74-1405 and 74-1407 and repealing the existing sections.
Keywords:


Body:

CHAPTER 38

SENATE BILL No. 630


An Act concerning the Kansas dental board; amending K.S.A. 65-1426 and K.S.A. 2001

Supp. 65-1428, 65-1431, 65-1432, 65-1434, 74-1405 and 74-1407 and repealing the


existing sections.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 65-1426 is hereby amended to read as follows: 65-

1426. (a) Except as otherwise provided in subsection (c), every person

who desires to practice dentistry in this state shall file with the secretary-

treasurer executive director of the board a written application for a li-

cense, and furnish satisfactory proof that the applicant is at least 21 years

of age, of good moral character and a graduate of a dental school or

college approved by the board. Such application shall be upon the form

prescribed and furnished by the board and verified by the oath of the

applicant and shall be accompanied by the required fee and a recent

unmounted, autographed photograph of the applicant.

(b) The board shall approve only those dental schools or colleges

which require the study of dentistry and dental surgery and which the

board determines have standards of education not less than that required

for accreditation by the commission on dental accreditation of the Amer-

ican dental association or its equivalent.

(c) Notwithstanding the provisions of subsection (a), the board shall

consider an application of any graduate of a dental school which has not

been approved by the board if the applicant successfully completes a

course of remedial or refresher instruction offered by a dental school or

college where both the course and the school have been approved by the

board.

(d) The board is hereby authorized and empowered to adopt such

further rules in regard to the qualifications of applicants for licensure, not

in conflict with this section, as it from time to time may deem necessary

and proper.

(e) The board shall adopt rules and regulations establishing the cri-

teria which a school shall satisfy in meeting the standards of education

established under subsection (b). The board may send a questionnaire

developed by the board to any school for which the board does not have

sufficient information to determine whether the school meets the

requirements of subsection (b) and rules and regulations adopted under

this section. The questionnaire providing the necessary information shall

be completed and returned to the board in order for the school to be

considered for approval. The board may contract with investigative agen-

cies, commissions or consultants to assist the board in obtaining infor-

mation about schools. In entering such contracts the authority to approve

schools shall remain solely with the board.

Sec. 2. K.S.A. 2001 Supp. 65-1428 is hereby amended to read as

follows: 65-1428. (a) Each applicant for licensure as a dentist shall be

examined by the board or by a testing organization or an organization of

one or more state boards formed for the purpose of conducting a standard

clinical examination of candidates for licensure as dentists if the board

has approved each such organization and determined that the examina-

tions given meet the requirements of this act. For such testing organi-

zations or organization of one or more state boards that certify the test

results for a limited period of time, the examination must have been taken

and passed no longer before the date of application than the certification

period. All examinations provided for in this act shall be conducted in a

fair and wholly impartial manner. The examination shall be both theo-

retical and clinical, and shall thoroughly test the qualifications of each

applicant to practice dentistry.

(b) The examination shall include the following subjects: Pathology,

radiology, bacteriology, treatment planning, clinical dentistry, operative

dentistry, prosthetics, crown and bridge technique, orthodontia, materials

in dentistry, diet and nutrition, oral hygiene and prophylaxis, preventive

medicine, peridontia, anaesthesia, oral surgery, oral medicine, principles

of medicine and pharmacology, anatomy, physiology, histology, chemistry,

embryology and such subdivisions of these general subjects as relate to

the practice of dentistry and laws of this state regulating the practice of

dentistry.

The results of all such examinations shall be filed with the secretary-

treasurer executive director of the board and kept for reference and in-

spection for a period of not less than two years.

(c) Each applicant who has attained a passing grade on each exami-

nation required by the board and has met all other requirements for

licensure set forth in this act shall be granted a license by the board.

Every license issued under this act shall be in the form prescribed by the

board. A license to practice dentistry shall not be construed as a property

right, but a valuable right contingent upon the practice of the licensee in

accordance with the provisions of law relating to the practice of dentistry

and any rules and regulations adopted pursuant thereto.

Sec. 3. K.S.A. 2001 Supp. 65-1431 is hereby amended to read as

follows: 65-1431. (a) On or before December 1 of each even-numbered

year, each licensed dentist shall transmit to the secretary executive direc-

tor of the board a renewal application, upon a form prescribed by the

board, which shall include such licensee's signature, post-office address,

office address, the number of the license of such licensee, whether such

licensee has been engaged during the preceding licensure period in active

and continuous practice, whether within or without this state, and such

other information as may be required by the board, together with the

biennial licensure fee for dentists which is fixed by the board pursuant to

K.S.A. 65-1447 and amendments thereto.

(b) On or before December 1 of each odd-numbered year, each den-

tal hygiene licensee of the Kansas dental board shall transmit to the sec-

retary executive director of the board a renewal application, upon a form

prescribed by the board, which shall include such licensee's signature,

post office address, the number of the license of such licensee, whether

such licensee has been engaged during the preceding licensure period in

active and continuous practice whether within or without this state, and

such other information as may be required by the board, together with

the biennial licensure fee for a dental hygienist which is fixed by the board

pursuant to K.S.A. 65-1447 and amendments thereto.

(c) The board shall require every licensee to submit with the renewal

application evidence of satisfactory completion of a program of continuing

education required by the board. The board by duly adopted rules and

regulations shall establish the requirements for such program of contin-

uing education as soon as possible after the effective date of this act. In

establishing such requirements the board shall consider any existing pro-

grams of continuing education currently being offered to such licensees.

(d) Upon fixing the biennial license renewal fee, the board shall im-

mediately notify all licensees of the amount of the fee for the ensuing

licensure period. Upon receipt of such fee and upon receipt of evidence

that the licensee has satisfactorily completed a program of continuing

education required by the board, the licensee shall be issued a renewal

license authorizing the licensee to continue to practice in this state for a

period of two years.

(e) (1) Any license granted under authority of this act shall automat-

ically be canceled if the holder thereof fails to apply for and obtain re-

newal prior to March 1 of the year following the December in which a

renewal application is due.

(2) Any licensee whose license is required to be renewed for the next

biennial period may obtain renewal, prior to February 1, by submitting

to the board the required renewal application, payment of the biennial

renewal fee and proof that such licensee has satisfactorily completed a

program of continuing education required by the board. Any licensee

whose license is required to be renewed for the next biennial period may

obtain renewal, between February 1 and March 1, by submitting to the

board the required renewal application, payment of the biennial renewal

fee, payment of a penalty fee of not to exceed $500 as fixed by rules and

regulations by the board and proof that such licensee has satisfactorily

completed a program of continuing education required by the board. The

penalty fee in effect immediately prior to the effective date of this act

shall continue in effect until rules and regulations establishing a penalty

fee under this section become effective.

(f) Upon failure of any licensee to pay the applicable renewal fee or

to present proof of satisfactory completion of the required program of

continuing education by February 1 of the year following the December

in which a renewal application is due, the board shall notify such licensee,

in writing, by mailing notice to such licensee's last registered address.

Failure to mail or receive such notice shall not affect the cancellation of

the license of such licensee.

(g) The board may waive the payment of biennial fees and the con-

tinuing education requirements for the renewal of licenses without the

payment of any fee for a person who has held a Kansas license to practice

dentistry or dental hygiene if such licensee has retired from such practice

or has become temporarily or permanently disabled and such licensee

files with the board a certificate stating either of the following:

(1) A retiring licensee shall certify to the board that the licensee is

not engaged, except as provided in K.S.A. 2001 Supp. 65-1466 and

amendments thereto, in the provision of any dental service, the perform-

ance of any dental operation or procedure or the delivery of any dental

hygiene service as defined by the statutes of the state of Kansas; or

(2) a disabled licensee shall certify to the board that such licensee is

no longer engaged in the provision of dental services, the performance

of any dental operation or the provision of any dental hygiene services as

defined by the statutes of the state of Kansas by reason of any physical

disability, whether permanent or temporary, and shall describe the nature

of such disability.

(h) The waiver of fees under subsection (g) shall continue so long as

the retirement or physical disability exists. Except as provided in K.S.A.

2001 Supp. 65-1466 and amendments thereto, in the event the licensee

returns to the practice for which such person is licensed, the requirement

for payment of fees and continuing education requirements shall be reim-

posed commencing with and continuing after the date the licensee re-

turns to such active practice. Except as provided in K.S.A. 2001 Supp.

65-1466 and amendments thereto, the performance of any dental service,

including consulting service, or the performance of any dental hygiene

service, including consulting service, shall be deemed the resumption of

such service, requiring payment of license fees.

(i) The Kansas dental board may adopt such rules and regulations

requiring the examination and providing means for examination of those

persons returning to active practice after a period of retirement or disa-

bility as the board shall deem necessary and appropriate for the protection

of the people of the state of Kansas except that for an applicant to practice

dental hygiene who is returning to active practice after a period of re-

tirement or disability, the board shall authorize as an alternative to the

requirement for an examination that the applicant successfully complete

a refresher course as defined by the board in an approved dental hygiene

school.

Sec. 4. K.S.A. 2001 Supp. 65-1432 is hereby amended to read as

follows: 65-1432. Every licensed dentist, upon establishing a practice lo-

cation or upon changing the place at which such licensed dentist practices

dentistry shall furnish the secretary-treasurer executive director of the

board within 30 days after such action the new practice location address.

Sec. 5. K.S.A. 2001 Supp. 65-1434 is hereby amended to read as

follows: 65-1434. (a) The board, without examination, may issue a license

as a dentist or dental hygienist to an applicant holding a license in another

state upon compliance with the requirements of professional qualification

and experience set forth in subsection (b). The board shall prepare and

adopt a form of application to be submitted by an applicant for a license

to be issued under this section. On the receipt of any such application,

the board shall conduct such review, verification or other investigation of

the applicant and the professional qualifications, background, experience

and practice of the applicant as the board deems necessary to assure full

compliance with the requirements of this section. Any license so issued

may be revoked by the board upon evidence that an applicant has ob-

tained a license under this section through misrepresentation or omission

of a material fact in the application or other information submitted to the

board.

(b) Each applicant for licensure under this section must evidence the

qualifications and meet the following requirements:

(1) Each applicant for licensure as a dentist under this section must

meet the requirements set forth in K.S.A. 65-1426 and amendments

thereto. Each applicant for licensure as a dental hygienist must meet any

applicable requirements set forth in K.S.A. 65-1455 and amendments

thereto.

(2) Each applicant shall show evidence of having successfully com-

pleted both a national board examination or an equivalent examination

accepted by the state in which the applicant has been previously licensed,

and a clinical examination, administered by any state or clinical dental

testing agency, of equivalent merit to the clinical examination accepted

by the board at the time such applicant completed such examinations.

(3) Each applicant for licensure as a dentist under this section shall

have held a license to practice dentistry in one or more other states of

the United States for the five-year period immediately preceding the date

of application and shall have engaged in the active practice of dentistry

for at least five years prior to the date of application. Each applicant for

licensure as a dental hygienist under this section shall have held a license

to practice dental hygiene in another state of the United States for the

three-year period immediately preceding the date of application and shall

have engaged in the active practice of dental hygiene for at least three

years prior to the date of application. Successive and continuous periods

of active practice in other states will comply with the active practice

requirements of this paragraph (3). For the purpose of determining the

period of practice, periods of military service will be considered to the

extent approved by the Kansas dental board. Service as a full-time faculty

member in a school of dentistry will be considered the practice of den-

tistry to the extent service involved full-time instruction in dentistry in-

cluding clinical dentistry. Service as a faculty member in a school of dental

hygiene will be considered the practice of dental hygiene to the extent

such service involved instruction in dental hygiene including clinical den-

tal hygiene. To be considered for the purposes of this statute, any such

school of dentistry or dental hygiene must be approved by the Kansas

dental board within the meaning of K.S.A. 65-1426 and amendments

thereto.

(4) Each such applicant shall show evidence that the applicant has

fully complied with all continuing education requirements imposed by

the state or states in which the applicant has been licensed and has prac-

ticed during the five years immediately preceding the date of the appli-

cation. In the event the state or states in which the applicant has been

licensed and practiced has no such requirement, the applicant shall pro-

vide such information concerning continuing education received by the

applicant during the five-year period preceding application as may be

required by the board. All applicants must have completed continuing

education sufficient to comply with that continuing education required

of Kansas licensees during the twelve-month period prior to the date of

the application for licensure unless the Kansas dental board determines,

for good cause shown, that the requirement will work an undue hardship

upon the applicant and the requirement is not necessary for the protec-

tion of the people of Kansas based upon the training and experience of

the applicant.

(5) The applicant shall provide such other information concerning the

applicant and the dental education, qualification, experience and profes-

sional conduct of the applicant as the board in its discretion deems nec-

essary to its determination to issue a license.

(6) Each applicant shall provide a certificate of the secretary executive

director of the board or other agency governing licensure of dentists or

dental hygienists of the state in which the applicant has been licensed

and has practiced during the required period preceding the date of the

application. Such certificate shall state that: (A) The applicant is licensed

to practice dentistry or dental hygiene in the state; (B) the license of the

applicant has never been suspended or revoked; (C) the applicant has

never been the subject of any proceeding for suspension, revocation or

other disciplinary action initiated by the board of licensure of any such

state during the period the applicant has held a license to practice den-

tistry or dental hygiene in such state; and (D) no complaint has been filed

against the applicant of such substance as, in the judgment of the board

of licensure of such state, has required the initiation of proceedings

against the applicant. In the event the applicant has practiced dentistry

or dental hygiene in more than one other state in the United States, the

applicant shall file a similar certificate with respect to such period or

periods during which the applicant has practiced in each such state.

(c) The Kansas dental board may direct an applicant to appear before

the board at a date, time and place to be determined by the Kansas dental

board to answer questions and provide such information concerning the

qualifications, background, experience and practice of the applicant as

the Kansas dental board may deem necessary.

(d) The term ``applicant'' as used in this section shall apply to both

applicants for licensure as a dentist and applicants for licensure as a dental

hygienist unless the context otherwise indicates.

Sec. 6. K.S.A. 2001 Supp. 74-1405 is hereby amended to read as

follows: 74-1405. (a) The board at its first meeting day of each year shall

elect from its members a president, vice-president and secretary-trea-

surer secretary. The board shall have a common seal. The board shall

hold two regular meetings each year at times to be fixed by the board,

and special meetings at such other times as may be necessary.

(b) Members of the Kansas dental board attending meetings of such

board, or attending a subcommittee meeting thereof authorized by such

board, or conducting examinations for dental or dental hygienists licenses

or conducting inspections of dental laboratories required by K.S.A. 65-

1438, and amendments thereto, shall be paid compensation, subsistence

allowances, mileage and other expenses as provided in K.S.A. 75-3223,

and amendments thereto. Members of the board conducting examina-

tions for dental or dental hygienists licenses may receive amounts for

compensation, subsistence allowances, mileage or other expenses from a

nonstate agency for conducting such examinations but no member re-

ceiving any such amounts shall be paid any compensation, subsistence

allowances, mileage or other expenses under this section for conducting

such examinations.

(c) The official office of the board shall be in Topeka. Meetings shall

be held in Topeka or at such other places as the board shall determine

to be most appropriate. Service of process may be had upon the board

by delivery of process to the secretary of state who shall mail the same

by registered or certified mail to the secretary executive director of the

board.

(d) The board may appoint a secretary-treasurer an executive director

who shall be in the unclassified service of the Kansas civil service act. The

secretary-treasurer executive director shall receive an annual salary fixed

by the board and approved by the governor. The secretary-treasurer ex-

ecutive director shall be the legal custodian of all property, money,

minutes, records, and proceedings and seal of the board.

(e) The board in its discretion may affiliate as an active member with

the national association of dental examiners and any organization of one

or more state boards for the purpose of conducting a standard examina-

tion of candidates for licensure as dentists or dental hygienists and pay

regular dues to such association or organization, and may send members

of the board to the meetings of the national association and the meetings

of any organization of state boards of dental examiners organized for the

purpose of conducting a standard examination of candidates for licensure

as dentists and dental hygienists.

(f) The secretary-treasurer executive director shall remit all moneys

received by or for such secretary-treasurer executive director from fees,

charges or penalties to the state treasurer in accordance with the provi-

sions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each

such remittance, the state treasurer shall deposit the entire amount in the

state treasury. Twenty percent of each such deposit shall be credited to

the state general fund and the balance shall be credited to the dental

board fee fund. All expenditures from such fund shall be made in ac-

cordance with appropriation acts upon warrants of the director of ac-

counts and reports issued pursuant to vouchers approved by the president

of the board or by a person or persons designated by the president.

Sec. 7. K.S.A. 2001 Supp. 74-1407 is hereby amended to read as

follows: 74-1407. (a) The secretary-treasurer executive director of the

board shall keep a record book in which shall be entered the names of

all persons to whom licenses and certificates as specialists in dentistry,

and renewal licenses and certificates have been granted under this act,

the numbers of such licenses and certificates, the dates of granting the

same and other matters of record, the book so provided and kept to be

deemed a book of records. A photostatic copy of such records, or a copy

of such records certified by the secretary-treasurer executive director and

under the seal of the board, shall be admitted in any of the courts of this

state as prima facie evidence of the facts contained in such records and

in lieu of the records of the board.

(b) A certificate that there is not entered in such record books the

name and number of and date of granting such license or certificate or

license or renewal certificate to a person charged with a violation of any

of the provisions of this act, under the hand of the secretary-treasurer

executive director and the seal of the board, shall be prima facie evidence

of the facts contained therein and in the records of the board. Such cer-

tificates shall be admitted in any of the courts of this state in lieu of the

records of the board.

(c) The original books, records and papers of the board shall be kept

at the office of the secretary-treasurer executive director of such board,

which office shall be at such place as may be designated by the board.

The secretary-treasurer executive director shall furnish to any person

making application therefor a copy of any part thereof, certificated by the

secretary-treasurer executive director, upon payment of a fee in an

amount fixed by the secretary-treasurer executive director and approved

by the director of accounts and reports under K.S.A. 45-219 and amend-

ments thereto.

Sec. 8. K.S.A. 65-1426 and K.S.A. 2001 Supp. 65-1428, 65-1431, 65-

1432, 65-1434, 74-1405 and 74-1407 are hereby repealed.

Sec. 9. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 5, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002