Session Law

Identifying Information:L. 2001 ch. 155
Other Identifying Information:2001 Senate Bill 160
Tax Type:Other
Brief Description:An Act concerning the dental practices act; relating to licensure and fees; amending K.S.A. 2000 Supp. 65-1431, 65-1447 and 65-1456 and repealing the existing sections.
Keywords:


Body:

CHAPTER 155

SENATE BILL No. 160


An Act concerning the dental practices act; relating to licensure and fees; amending K.S.A.

2000 Supp. 65-1431, 65-1447 and 65-1456 and repealing the existing sections.

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

Section 1. K.S.A. 2000 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 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 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 con-

tinuous 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:

(A) At least 65 years of age and has retired from the active practice of

dentistry or dental hygiene; and (B) not engaged, except as provided in

K.S.A. 2000 Supp. 65-1466 and amendments thereto, in the provision of

any dental service, the performance 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.

2000 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. 2000 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. 2. K.S.A. 2000 Supp. 65-1447 is hereby amended to read as

follows: 65-1447. (a) On or before October 1 of each year, the Kansas

dental board shall determine the amount of funds which will be required

during the ensuing fiscal year to properly administer the laws which the

board is directed to enforce and administer and shall fix fees in accord-

ance with this section in such reasonable sums as may be necessary for

such purposes, within the limitations prescribed by subsection (b).

(b) The board shall collect fees provided for in this act as follows:

Examination fee for dental applicants--not more than$100 $125
Subsequent examination fee for dental applicants--not more than50 65
Examination fee for specialty qualifications--not more than100 125
Credentials/qualifications fee--not more than100 125
Duplicate certificate fee--not more than10 15
Certificate fee, including certificate for credentials/qualifications, for dentists and dental hygienists--not more than10 15
Biennial license renewal fee for dentists--not more than200 250
Examination fee for dental hygienist applicants--not more than50 65
Subsequent examination fee for dental hygienist applicants--not more than50 65
Biennial license renewal fee for dental hygienists--not more than100 125
Reinstatement of a revoked license--not more than1,000

(c) The amounts of fees in effect on the day preceding the effective

date of this act and the act of which this section is amendatory shall remain

in effect until fixed in different amounts by the board under this section.

The board may adopt rules and regulations for the proration of fees for

a license issued for a period of time less than the biennial licensure period.

Sec. 3. K.S.A. 2000 Supp. 65-1456 is hereby amended to read as

follows: 65-1456. (a) The board may suspend or revoke the license of any

dentist who shall permit any dental hygienist operating under such den-

tist's supervision to perform any operation other than that permitted un-

der the provisions of article 14 of chapter 65 of the Kansas Statutes An-

notated, or acts amendatory thereof, and may suspend or revoke the

license of any hygienist found guilty of performing any operation other

than those permitted under article 14 of chapter 65 of the Kansas Statutes

Annotated, or acts amendatory thereof. No license of any dentist or dental

hygienist shall be suspended or revoked in any administrative proceedings

without first complying with the notice and hearing requirements of the

Kansas administrative procedure act.

(b) The practice of dental hygiene shall include those educational,

preventive, and therapeutic procedures which result in the removal of

extraneous deposits, stains and debris from the teeth and the rendering

of smooth surfaces of the teeth to the depths of the gingival sulci. In-

cluded among those educational, preventive and therapeutic procedures

are the instruction of the patient as to daily personal care, protecting the

teeth from dental caries, the scaling and polishing of the crown surfaces

and the planing of the root surfaces, in addition to the curettage of those

soft tissues lining the free gingiva to the depth of the gingival sulcus and

such additional educational, preventive and therapeutic procedures as the

board may establish by rules and regulations.

(c) Subject to such prohibitions, limitations and conditions as the

board may prescribe by rules and regulations, any licensed dental hy-

gienist may practice dental hygiene and may also perform such dental

service as may be performed by a dental assistant under the provisions of

K.S.A. 65-1423 and amendments thereto.

(d) Except as otherwise provided in this section, the practice of dental

hygiene shall be performed under the direct or general supervision of a

licensed dentist at the office of such licensed dentist. The board shall

designate by rules and regulations the procedures which may be per-

formed by a dental hygienist under direct supervision and the procedures

which may be performed under general supervision of a licensed dentist.

As used in this section: (1) ``Direct supervision'' means that the dentist is

in the dental office, personally diagnoses the condition to be treated,

personally authorizes the procedure and before dismissal of the patient

evaluates the performance; and (2) ``general supervision'' means a Kansas

licensed dentist may delegate verbally or by written authorization the

performance of a service, task or procedure to a licensed dental hygienist

under the supervision and responsibility of the dentist, if the dental hy-

gienist is licensed to perform the function, and the supervising dentist

examines the patient at the time the dental hygiene procedure is per-

formed, or during the 12 calendar months preceding the performance of

the procedure, except that the licensed hygienist shall not be permitted

to diagnose a dental disease or ailment, prescribe any treatment or a

regimen thereof, prescribe, order or dispense medication or perform any

procedure which is irreversible or which involves the intentional cutting

of the soft or hard tissue by any means. A dentist is not required to be

on the premises at the time a hygienist performs a function delegated

under part (2) of this subsection.

(e) The practice of dental hygiene may be performed at an adult care

home, hospital long-term care unit, state institution, local health depart-

ment or indigent health care clinic on a resident of a facility, client or

patient thereof so long as:

(1) A licensed dentist has delegated the performance of the service,

task or procedure;

(2) the dental hygienist is under the supervision and responsibility of

the dentist;

(3) either the supervising dentist is personally present or the services,

tasks and procedures are limited to the cleaning of teeth, education and

preventive care;

(4) the supervising dentist examines the patient at the time the dental

hygiene procedure is performed or has examined the patient during the

12 calendar months preceding performance of the procedure; and

(5) nothing in this subsection (e) shall be construed to prevent a den-

tal hygienist from providing dental education in a school setting.

(f) The board may issue a permit to a licensed dental hygienist to

provide dental screening as an employee of the state of Kansas, or any

subdivision thereof, at any public institution or facility under the super-

vision of the governing body of such public institution or facility under

such terms and conditions as the board may reasonably establish in such

permit. Such permit shall be for a period of one year and shall be subject

to renewal annually at the time the license for dental hygiene is renewed.

(g) In addition to the duties specifically mentioned in subsection (b)

of K.S.A. 65-1456, and amendments thereto, any duly licensed dental

hygienist may:

(1) Give fluoride treatments as a prophylactic measure, as defined by

the United States public health service and as recommended for use in

dentistry;

(2) remove overhanging restoration margins and periodontal surgery

materials by hand scaling instruments; and

(3) administer local block and infiltration anaesthesia and nitrous ox-

ide. (A) The administration of local anaesthesia shall be performed under

the direct supervision of a licensed dentist. (B) Each dental hygienist who

administers local anaesthesia shall have completed courses of instruction

in local anaesthesia and nitrous oxide which have been approved by the

board.

(h) (1) The courses of instruction required in subsection (g)(3)(B) of

K.S.A. 65-1456, and amendments thereto, shall provide a minimum of 12

hours of instruction at a teaching institution accredited by the American

dental association.

(2) The courses of instruction shall include courses which provide

both didactic and clinical instruction in: (A) Theory of pain control; (B)

anatomy; (C) medical history; (D) pharmacology; and (E) emergencies

and complications.

(3) Certification in cardiac pulmonary resuscitation shall be required

in all cases.

Sec. 4. K.S.A. 2000 Supp. 65-1431, 65-1447 and 65-1456 are hereby

repealed.

Sec. 5. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 9, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001