SB 13 Text

Introduced Version Senate Bill 13 History

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sb13 intr Senate Bill No. 13
(By Senator Bailey)
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[Introduced January 9, 2008; referred to the Committee on Government Organization; and then to the Committee on the Judiciary.]
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A BILL to amend and reenact §30-4-3, §30-4-5, §30-4-13, §30-4-14, §30-4-15 and §30-4-21 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-4-8a, all relating generally to the West Virginia Dental Practice Act; clarifying definitions; clarifying powers of the board; clarifying temporary permits; providing promulgation of a rule by the board for providing a copy of a complaint to a dentist or dental hygienist; establishing a special volunteer dental license for retired dentists wishing to donate their expertise for dental care and treatment of indigent and needy patients in the clinic setting; and providing civil immunity.

Be it enacted by the Legislature of West Virginia:
That §30-4-3, §30-4-5, §30-4-13, §30-4-14, §30-4-15 and §30-4-21 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that said code be amended by adding thereto a new section, designated §30-4-8a, all to read as follows:
ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.
§30-4-3. Definitions.
As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:
(1) "Approved dental hygiene program" means a program that is approved by the board and is accredited or its educational standards are deemed by the board to be substantially equivalent to those required by the Commission on Dental Accreditation of the American Dental Association.
(2) "Approved dental school, college or dental department of a university" means a dental school, college or dental department of a university that is approved by the board and is accredited or its educational standards are deemed by the board to be substantially equivalent to those required by the Commission on Dental Accreditation of the American Dental Association.
(3) "Authorize" means that the dentist is giving permission or approval to dental auxiliary personnel to perform delegated procedures in accordance with the dentist's diagnosis and treatment plan.
(4) "Board" means the West Virginia Board of Dental Examiners;
(5) "Certificate of qualification" means a certificate authorizing a dentist to practice a specialty.
(6) "Delegated procedures" means those procedures specified by law or by rule of the board and performed by dental auxiliary personnel under the ~~direct~~ supervision of a licensed dentist.
(7) "Dental assistant" means a person qualified by education, training and experience who aids or assists a dentist in the delivery of patient care in accordance with delegated procedures or who may perform nonclinical duties in the dental office: Provided, That no occupational title other than dental assistant ~~shall~~ may be used to describe this auxiliary.
(8) "Dental auxiliary personnel" or "auxiliary" means dental hygienists and dental assistants who assist the dentist in the provision of oral health care services to patients.
(9) "Dental hygienist" means a person licensed by the board who provides preventative oral health care services to patients in the dental office: Provided, That no occupational title other than dental hygienist may be used to describe this auxiliary.
(10) "Dental laboratory" means a dental laboratory as defined in section one, article four-b of this chapter.
(11) "Dental office" means the place where the licensed dentist and dental auxiliary personnel are practicing dentistry.
(12) "Dental prosthesis" means an artificial appliance fabricated to replace one or more teeth or other oral or peri-oral structure in order to restore or alter function or aesthetics.
(13) "Dentist" means an individual licensed by the board to practice dentistry.
(14) "Dentistry" means the evaluation, diagnosis, prevention and treatment of diseases, disorders and conditions of the oral cavity, maxillofacial area and the adjacent and associated structures provided by a dentist.
(15) "Direct supervision" means supervision of dental auxiliary personnel provided by a licensed dentist who is physically present in the dental office or treatment facility when procedures are being performed.
(16) "General supervision" means a dentist is not required to be in the office or treatment facility when procedures are being performed by the auxiliary dental personnel, but has personally diagnosed the condition to be treated, has personally authorized the procedures and will evaluate the performance of the auxiliary dental personnel.
~~(16)~~ (17) "Good moral character" means a lack of history of dishonesty.
~~(17)~~ (18) "License" means a license to practice dentistry or dental hygiene.
~~(18)~~ (19) "Licensee" means a person holding a license.
~~(19)~~ (20) "Specialty" means the practice of a certain branch of dentistry.
§30-4-5. Powers of the board.
The board has all the powers set forth in article one of this chapter and in addition may:
(1) Sue and be sued in its official name as an agency of this state;
(2) Hire, fix the compensation of and discharge the employees necessary to enforce the provisions of this article;
(3) Examine and determine the qualifications of any applicant for a license;
(4) Examine and determine the qualifications of any applicant for a certificate of qualification;
(5) Issue, renew, deny, suspend, revoke, limit or reinstate licenses and discipline licensees;
(6) Issue, renew, deny, suspend, revoke, limit or reinstate certificates of qualification and discipline holders of a certificate of qualification;
(7) Investigate alleged violations of the provisions of this article and article four-b of this chapter, reasonable regulations promulgated hereunder and orders and final decisions of the board;
(8) Conduct hearings upon charges calling for discipline of a licensee or revocation or suspension of a license;
(9) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and
(10) Take all other actions necessary and proper to effectuate the purposes of this article.

§30-4-8a. Special volunteer dental license; civil immunity for voluntary services rendered to indigents.

(a) There is established a special volunteer dental license for dentists retired or retiring from the active practice of dentistry who wish to donate their expertise for the dental care and treatment of indigent and needy patients in the clinic setting of clinics organized, in whole or in part, for the delivery of health care services without charge. The special volunteer dental license shall be issued by the West Virginia Board of Dental Examiners to dentists licensed or otherwise eligible for licensure under this article and the legislative rules promulgated under this article, without the payment of any application fee, license fee or renewal fee, shall be issued for a fiscal year or part of a fiscal year, and is renewable annually. The board shall develop application forms for the special license provided in this subsection which shall contain the dentist's acknowledgment that: (1) The dentist's practice under the special volunteer dental license will be exclusively and totally devoted to providing dental care to needy and indigent persons in West Virginia;
(2) The dentist will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for any dental services rendered under the special volunteer dental license;
(3) The dentist will supply any supporting documentation that the board may reasonably require; and
(4) The dentist agrees to continue to participate in dental education as required of dentists in active practice.
(b) Any dentist who renders any dental service to indigent and needy patients of a clinic organized, in whole or in part, for the delivery of health care services without charge under a special volunteer dental license authorized under subsection (a) of this section without payment or compensation or the expectation or promise of payment or compensation is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the dental service at the clinic unless the act or omission was the result of the dentist's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written agreement between the dentist and the clinic pursuant to which the dentist will provide voluntary uncompensated dental services under the control of the clinic to patients of the clinic before the rendering of any services by the dentist at the clinic: Provided, That any clinic entering into a written agreement is required to maintain liability coverage of not less than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (a) of this section, a clinic organized, in whole or in part, for the delivery of health care services without charge is not relieved from imputed liability for the negligent acts of a dentist rendering voluntary dental services at or for the clinic under a special volunteer dental license authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for licensure" means the satisfaction of all the requirements for licensure as listed in section eight of this article and in the legislative rules promulgated under this article, except the fee requirements of subsection (6) of said section and of the legislative rule promulgated by the board relating to fees.
(e) This section does not require the board to issue a special volunteer dental license to any dentist whose dental license is or has been subject to any disciplinary action or to any dentist who has surrendered a dental license or caused such license to lapse, expire and become invalid in lieu of having a complaint initiated or other action taken against his or her dental license, or who has elected to place a dental license in inactive status in lieu of having a complaint initiated or other action taken against his or her dental license, or who have been denied a dental license.
(f) Any policy or contract of liability insurance providing coverage for liability sold, issued or delivered in this state to any dentist covered under the provisions of this article shall be read so as to contain a provision or endorsement whereby the company issuing the policy waives or agrees not to assert as a defense on behalf of the policyholder or any beneficiary of the policy, to any claim covered by the terms of the policy within the policy limits, the immunity from liability of the insured by reason of the care and treatment of needy and indigent patients by a dentist who holds a special volunteer dental license.

§30-4-13. Temporary permits; dental intern or resident permit; teaching permit; dentist.

(a) The board ~~shall~~ may issue a temporary permit to practice dentistry to an applicant who:
(1) Has graduated from an approved dental college, school or dental department of a university with a degree in dentistry;
(2) Has been offered employment under the direct supervision of a licensed dentist;
~~(3) Has not taken the examination required to be granted a license to practice dentistry;~~
~~(4)~~ (3) Has paid the application fee specified by rule; and
~~(5)~~ (4) Meets the other qualifications specified in accordance with the provisions in subsection(a), section eight of this article by rule by the board.
(b) A temporary permit to practice dentistry may not be renewed and expires on the earlier of:
(1) The date the dentist ceases to be under the direct supervision of a licensed dentist; or
(2) Sixty days after ~~the date that the first examination required by rule for a license to practice dentistry is administered~~ issuance.
(c) The board shall issue a dental intern or dental resident permit to an applicant who meets the qualifications set forth in subdivisions (1), (3) and (4) ~~and (5)~~ of subsection (a) of this section and who has been accepted as a dental intern or dental resident by a licensed hospital or dental school in this state which maintains an established dental department under the supervision of a licensed dentist.
(d) The dental intern or dental resident permit may ~~not~~ be renewed and expires on the earlier of:
(1) The date the permit holder ceases to be a dental intern or dental resident; or
(2) One year after the date of issue.
(e) The board shall issue a teaching permit to an applicant who meets the qualifications set forth in subdivisions (1), (3) and (4), ~~and (5)~~ subsection (a) of this section and who has been certified by the dean of a dental school located in this state to be a member of the teaching staff of the dental school.
(f) A teaching permit is valid for one year from the date of issue and may be renewed.
(g) While in effect, a temporary permit to practice dentistry, a permit to practice as a dental intern or dental resident and a teaching permit are subject to the restrictions and requirements imposed by this article. In addition, the holder of a permit to practice as a dental intern or dental resident may not receive any fee for service other than a salary paid by the hospital or dental school and the holder of a teaching permit may only practice dentistry within the facilities of the dental school.
§30-4-14. Temporary permits; teaching permit; dental hygienist.
(a) The board may issue a temporary permit to practice dental hygiene to an applicant who:
(1) Has graduated from an approved dental hygiene program of a college, school or dental department of a university with a degree in dental hygiene;
(2) Has been offered employment as a dental hygienist;
~~(3) Has not taken the examination required to be granted a dental hygiene license;~~
~~(4)~~ (3) Has paid the application fee specified by rule; and
~~(5)~~ (4) Meets the other qualifications specified in accordance with the provisions in section ten of this article by rule by the board.
(b) A temporary permit to practice dental hygiene shall not be renewed and expires on the earlier of:
(1) The date the dental hygienist ceases to be employed; or
(2) Sixty days after ~~the date that the first dental hygiene examination required by rule for a dental hygiene license is administered~~ issuance.
(c) The board may issue a teaching permit to an applicant who meets the qualifications set forth in subdivisions (1), (3) and (4), ~~and (5)~~ subsection (a) of this section and who has been certified by the dean of a dental school located in this state to be a member of the teaching staff of the dental school.
(d) A teaching permit is valid for one year from the date of issue and may be renewed.
(e) While in effect, a temporary permit to practice dental hygiene and a teaching permit are subject to the restrictions and requirements imposed by this article. In addition, the holder of a teaching permit may only practice dental hygiene within the facilities of the dental school.
§30-4-15. Scope of practice; dentist.
The practice of dentistry includes the following:
(1) Coordinating dental services to meet the oral health needs of the patient;
(2) Examining, evaluating and diagnosing diseases, disorders and conditions of the oral cavity, maxillofacial area and adjacent and associated structures;
(3) Treating diseases, disorders and conditions of the oral cavity, maxillofacial area and the adjacent and associated structures;
(4) Providing services to prevent diseases, disorders and conditions of the oral cavity, maxillofacial area and the adjacent and associated structures;
(5) Fabricating, repairing or altering a dental prosthesis;
(6) Administering ~~general~~ anesthesia ~~and parenteral conscious sedation~~ in accordance with the provisions of article four-a of this chapter;
(7) Prescribing drugs necessary for the practice of dentistry;
(8) Executing and signing a death certificate when it is required in the practice of dentistry;
(9) Employing and supervising dental auxiliary personnel;
(10) Authorizing delegated procedures to be performed by dental auxiliary personnel; and
(11) Performing any other work included in the curriculum of an approved dental school, college or dental department of a university.
§30-4-21. Complaints; investigations.
(a) Upon receipt of a written complaint filed against any dentist or dental hygienist, the board shall provide a copy of the complaint to the dentist or dental hygienist as specified by legislative rule promulgated by the board.
(b) The board may investigate the complaint. If the board finds upon investigation that probable cause exists that the dentist or dental hygienist has violated any provision of this article or the rules, the board shall serve the dentist or dental hygienist with a written statement of charges and a notice specifying the date, time and place of hearing. The hearing shall be held in accordance with section twenty-two of this article.

NOTE: The purpose of this bill is to modify the West Virginia Dental Practice Act by: Clarifying definitions; clarifying powers of the board; clarifying temporary permits; establishing a special license for volunteers who are retired and volunteer their dental expertise in a clinic setting; and requiring the promulgation of a rule by the board for providing a copy of a complaint to a dentist or dental hygienist.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§30-4-8a is new, therefore, strike-throughs and underscoring have been omitted.