COMMITTEE SUBSTITUTE

FOR

H. B. 4064


(By Mr. Speaker, Mr. Kiss, and Delegates Staton, Laird, Louisos, Mahan, Pino and Thompson)

(Originating in the House Committee on Finance)

[February 18, 2000]


A BILL to amend and reenact sections four, seven and seventeen-b, article four, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the board of dental examiners; grounds for refusal to issue, suspension or revocation of license; and annual dental license renewal fee increased.

Be it enacted by the Legislature of West Virginia:
That sections four, seven and seventeen-b, article four, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 4. DENTISTS, DENTAL HYGIENISTS AND DENTAL CORPORATIONS.

§30-4-4. Board of dental examiners.

(a) The "West Virginia Board of Dental Examiners" heretofore established shall be continued and shall be composed of six members. The members of the board in office on the date this section takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified. seven members. Five members shall be practicing dentists. One member shall be a dental hygienist with a degree in dental hygiene from an accredited college. One member shall be a lay person appointed to represent the interests of the public. Members of the board shall serve for a term of five years. In addition to the five practicing dentists appointed to the board, there shall be appointed one dental hygienist with a degree in dental hygiene from an accredited college, who shall be appointed for a term beginning on the first day of July, one thousand nine hundred seventy-seven. The member of the board who is a licensed dental hygienist is All members of the board are empowered to participate in and vote on all transactions and business of the board.
(b) All members of the board shall be appointed by the governor, by and with the advice and consent of the Senate. Each member of the board, at the time of his or her appointment and during his or her term as such member, shall have been a citizen of this state and shall have been either a licensed dentist or a licensed dental hygienist for a period of not less than five years immediately preceding his or her appointment.
(c) No person may be eligible for appointment to the board who is connected with or interested in any dental college or dental department of any institution of learning or in a dental supply business.
(d) Except for the dental hygienist, any member shall be eligible for reappointment for one additional consecutive term.
(e) Each appointment of a licensed dentist, whether for a full term or to fill a vacancy, shall be made by the governor from among three nominees therefor selected by the West Virginia dental society and each appointment of a licensed dental hygienist, whether for a full term or to fill a vacancy, shall be made by the governor from among three nominees therefor selected by the West Virginia dental hygienists' association. In the case of an appointment for a full term, such nominations shall be submitted to the governor not later than eight months prior to the date on which the appointment shall become effective. In the case of an appointment to fill a vacancy, such nominations shall be submitted to the governor within thirty days after a request for such nominations shall have been is made by the governor to the president of the West Virginia dental society or the president of the West Virginia dental hygienists' association. In the event of the failure of the society or the association to submit to the governor nominations for an appointment in accordance with the requirements of this section, the governor may make the appointment without such nominations.
(f) Each member of the board shall receive one hundred dollars for each day actually spent in attending meetings of the board, or of its committees, and shall also be reimbursed for all reasonable and necessary expenses actually incurred in the discharge of his or her duties under the provisions of this article.
§30-4-7. Refusal to issue, suspension or revocation of license; grounds.

(a) The state board of dental examiners may refuse to issue a license to practice dentistry or dental hygiene in this state, or after issuance may suspend or revoke the same, for any of the following causes:
(1) The presentation to the board of any diploma, license or certificate illegally or fraudulently obtained, or one obtained from an institution which is not reputable, or one obtained from an unrecognized or irregular institution or state board;
(2) Suspension or revocation of a license issued by another state or territory on grounds which would be the basis of discipline in this state;
(3) Incompetent, negligent or willful misconduct in the practice of dentistry or dental hygiene, which shall include the rendering of unnecessary dental services and any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing dental or dental hygiene practice in their area of expertise as shall be determined by the board. The board need not establish actual injury to the patient in order to adjudge a licensee guilty of this conduct;
(4) Engaging in conduct that indicates a lack of knowledge of, an inability to apply or the negligent application of, principles or skills of dentistry or dental hygiene;
(2) (5) Be Being guilty of gross ignorance or gross inefficiency in his or her profession;
(3) (6) Conviction Being convicted of a felony; and a certified copy of the record of the court of conviction shall be sufficient proof of such conviction;
(4) (7) Announcing or otherwise holding himself or herself out to the public as a specialist or as being specially qualified in any particular branch of dentistry or as giving special attention to any branch of dentistry or as limiting his or her practice to any branch of dentistry without first complying with the requirements established by the board of dental examiners for such the specialty and having been issued a certificate of qualification in such the specialty by the board; or
(5) (8) Be Being guilty of unprofessional conduct. The following acts or any of them shall be conclusively presumed to be unprofessional conduct:
(a) (A) Be Being guilty of any fraud or deception;
(b) (B) The commission of Committing a criminal operation or conviction being convicted of a crime involving moral turpitude;
(c) (C) Chronic or persistent inebriety or addiction to narcotics Abusing alcohol or drugs;
(d) (D) Be guilty of the violation of Violating any professional confidence or be guilty of disclosing any professional secret;
(e) (E) Be Being grossly immoral;
(f) (F) Be guilty of Employing what are known as "cappers" or "steerers" to obtain business;
(g) (G) The Obtaining of any fee by fraud or misrepresentation;
(h) (H) Employ Employing directly or indirectly, or direct or permit directing or permitting any suspended or unlicensed person so employed, to perform operations of any kind or to treat lesions of the human teeth or jaws or correct malimposed formations thereof;
(i) (I) Practice, or offer or undertake Practicing, or offering or undertaking to practice, dentistry under any firm name or trade name or under any name other than his or her own true name: Provided, That any licensee may practice under a firm name or partnership name containing nothing but the surname of every member of such firm or partnership;
(j) (J) Having a professional connection or association with, or lending his or her name to another, for the illegal practice of dentistry, or professional connection or association with any person, firm, or corporation holding himself, themselves, or itself out in any manner contrary to this article;
(k) (K) Make Making use of any advertising relating to the use of any drug or medicine of unknown formula;
(l) (L) Advertise Advertising to practice dentistry or perform any operation thereunder without causing pain;
(m) (M) Advertise Advertising professional superiority or the performance of professional services in a superior manner;
(n) Advertise prices charged for professional service.
(o) Advertise by means of large display, flickering, or glaring light signs, or contain as a part thereof the representation of a tooth, teeth, or bridgework, or any portion of the human head.
(p) Employ or make use of advertising solicitors or free publicity press agents.
(q) (N) Advertise Advertising to guarantee any dental service;
(r) Advertise in any manner calculated to, or tending to, deceive or mislead the public: Provided, That such licensee may announce, by way of a professional card containing not more than his name, title, degree, office location, office hours, business telephone number, and residence address and telephone number, if desired, and if he limits his practice to a specialty he may announce it, but such card shall not be greater in any case than five inches by six inches in size and such information may be inserted in public print when not more than two newspaper columns in width and two inches in depth; and he may announce his change of place of business, absence from, or return to, business in the same manner, and issue appointment cards to his patients, when the information thereon is limited to matter pertaining to the time and place of appointment and that permitted on the professional card, and he may display his name, title, and degree upon the windows or doors of his office and by a doorplate or nameplate or office directory when the information is limited to not more than that contained on the professional card, but the name, title and degree of the licensee shall not be displayed on said doors, windows, doorplates, and nameplates or office directory in lettering greater in height than seven inches.
(O) Advertising in any manner that is false or misleading in any material respect;
(s) (P) To solicit Soliciting subscriptions from individuals within or without the state for, or advertise or offer advertising or offering to individuals within or without the state, a course or instruction or course materials in any phase, part or branch of dentistry or dental hygiene in any journal, newspaper, magazine or dental publication, or by means of radio, television, or United States mail, or in or by any other means of contacting individuals: Provided, That the foregoing provisions of this subparagraph (s) paragraph shall not be construed so as to prohibit: (i) An individual dentist or dental hygienist from presenting articles pertaining to procedures; or technique to state or national journals or accepted dental publications; or (ii) educational institutions approved by the board from offering courses or instruction or course materials to individual dentists and dental hygienists from within or without the state; or
(Q) Engaging in any action or conduct which would have warranted the denial of the license.
(b) The term advertising, as used in this section, shall be construed to include the use of radio or any loud-speaking device or any other similar method or agency any type of public media.
(c) This entire section is passed in the interest of the public health, safety and welfare, and its provisions shall be liberally construed to carry out its object and purpose.
§30-4-17b. Annual information and renewal fee; notice; reinstatement; penalty fees; waiver of payment of fee on retirement or disability; change of address.

(a) On or before the first day of February of each year, every dentist licensed to practice dentistry in this state, and every dental hygienist licensed to practice dental hygiene in this state, shall transmit to the secretary of the board upon a form prescribed by the board, his or her signature, post-office address, office address, the serial number of his or her license certificate, whether he or she has been engaged during the preceding year in the active and continuous practice of dentistry or dental hygiene, as the case may be, whether within or without this state, and such other information as may be required by the board, together with an information and renewal fee herein provided for.
(b) The annual information and renewal fee for a dentist shall be seventy-five one hundred twenty-five dollars and for a dental hygienist shall be fifty dollars: Provided, That nothing stated herein shall prevent the board from setting such fees by rule as provided in section six, article one, chapter thirty of this code.
(c) Upon receipt of the required information and the payment of the proper renewal fee, the licensee shall be issued a renewal certificate authorizing him or her to continue the practice of dentistry or the practice of dental hygiene in this state for a period of one year from the first day of February.
(d) A license to practice dentistry or dental hygiene granted under the authority of this article shall be canceled on the first day of May if the holder thereof fails to secure a current renewal certificate by that day. Any licensee whose license is thus canceled by reason of the failure, neglect or refusal to secure the proper renewal certificate may be reinstated by the board at any time within six months from the date of the cancellation of said license upon the payment of the proper renewal fee and an additional fee of twenty-five dollars or an amount which may be set by the board by legislative rule. If the licensee shall not apply for renewal of his or her license as herein required within the said six months, that person shall, at the discretion of said board, be required to file an application for and take the examination provided in this article should he or she desire to practice dentistry or dental hygiene in this state.
(e) Upon failure of any licensee to submit the required information and pay the annual renewal fee as herein required by the statutory date, the board shall attempt to notify such licensee in writing by mailing to his or her last registered address a notice of the requirements of this section and apprising him or her of the fact that his or her license to practice will be canceled on the statutory date: Provided, That failure to mail or receive such notice shall not affect the cancellation of his or her license.
(f) The board may waive the annual payment of the renewal fee herein required, and issue a renewal certificate to any West Virginia licensee for at least twenty-five years and who is presently retired from active practice, or to any West Virginia licensee who has retired for reasons of physical disability, so long as such retirement continues: Provided, That the licensee provides the board with the information required by this section.
(g) Every licensed dentist within thirty days of changing his or her place of practice or establishing additional offices shall furnish the secretary of the board with his or her new professional address.
(h) Every licensed dental hygienist within thirty days of changing his or her place of employment shall furnish the secretary of the board with his or her new professional address and the name of his or her employer.