H. B. 2223


(By Delegate Yost)

[Introduced January 14, 2003 ; referred to the

Committee on Government Organization.]





A BILL to repeal sections ten, eleven, fourteen and seventeen, article four, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections one, three, six, twelve, nineteen and twenty through twenty-five of said article; and to further amend said chapter by adding thereto a new article, designated article forty-one, all relating to the creation of the West Virginia board of dental hygienists, transferring the licensing and oversight of dental hygienists from the board of dental examiners and regulating the practice of dental hygienists in this state; providing short title; requiring license; providing definitions; appointment of board of dental hygienists and term of office; powers and duties of the board and funds; rule-making authority; creating special revenue account; license requirements and fees; licensing dental hygienist from another state; scope and limitations of practice of dental hygienists; complaints, investigations, hearing and judicial review; unlawful acts, injunctions; criminal penalties; and sunset provision.

Be it enacted by the Legislature of West Virginia:
That sections ten, eleven, fourteen and seventeen, article four, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that sections, one, three, six, twelve, nineteen and twenty through twenty-five, of said article be amended and reenacted; and that said chapter be amended by adding thereto a new article, designated article forty-one, all to read as follows:
ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.
§30-4-1. License required to practice.
In order to protect public health and safety, any person practicing or offering to practice as a dentist or dental hygienist must submit evidence that he or she is qualified to practice and is licensed as provided in this article. §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 of dental hygienists pursuant to article forty-one of this chapter 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 b 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 or the board of dental hygienists 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 or dental hygienist 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 be used to describe this auxiliary.
(8) "Dental auxiliary personnel" or "auxiliary" means dental hygienists and dental assistants who assist the dentist or dental hygienist in the provision of oral health care services to patients.
(9) "Dental hygienist" means a person licensed by the board of dental hygienists pursuant to article forty-one of this chapter who provides educational, preventative and therapeutic oral health care services for the control of oral disease and the promotion of health of patients to patients in the dental office various settings: 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.
(16) "Good moral character" means a lack of history of dishonesty.
(17) "License" means a license to practice dentistry. or dental hygiene
(18) "Licensee" means a person holding a license.
(19) "Specialty" means the practice of a certain branch of dentistry.
§30-4-6. Rule-making authority.
(a) The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article including, but not limited to, the following:
The examinations administered under this article;
Issuing and renewing a license;
(3) Issuing temporary permits, teaching permits and dental intern or resident permits;
(4) Specialties that a dentist may practice;
(5) Issuing and renewing a certificate of qualification;
(6) Denying, suspending, revoking, reinstating or limiting the practice of a licensee or certificate of qualification;
(7) Continuing education requirements for licensees;
(8) Delegated procedures to be performed by a dental hygienist;
(9) (8) Delegated procedures to be performed by a dental assistant;
(10) (9) Use of firm or trade names;
(11)(10) Dental corporations; and
(12) (11) Professional conduct requirements.
(b) All rules in effect on the effective date of this article shall remain in effect until they are withdrawn, revoked or amended.
§30-4-12. License renewal; conditions of renewal.
(a) The board shall renew a license to practice dentistry or dental hygiene for a one-year period after its issue in accordance with procedures specified by rule.
(b) The board shall charge a fee for each renewal of a license to practice dentistry or dental hygiene in amounts specified by rule.
(c) The board shall require as a condition for the renewal of a license to practice dentistry or dental hygiene that each dentist and dental hygienist participate in continuing professional education in accordance with the requirements specified by rule.
§30-4-19. Notification; changing dental office; adding dental office.
(a) Every licensed dentist within thirty days of changing his or her place of practice or establishing a practice at an additional dental office shall furnish the board with the address of the new or additional dental office.
(b) Every licensed dental hygienist within thirty days of changing his or her place of employment or establishing employment at additional dental office shall furnish the board with the name and address of the new or additional employers.
§30-4-20. Refusal to issue or renew, suspension or revocation of license; disciplinary action.

(a) The board may refuse to issue, refuse to renew, suspend, revoke or limit any license or practice privilege of a licensee and may take disciplinary action against a licensee who, after hearing, has been adjudged by the board as unqualified for any of the following reasons:
(1) The presentation to the board of any diploma, license or certificate illegally or fraudulently obtained, or one obtained from an institution which that 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 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
(5) Being guilty of gross ignorance or gross inefficiency in his or her profession;
(6) Being convicted of a felony; and a certified copy of the record of the court of conviction shall be sufficient proof of conviction;
(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 for the specialty and having been issued a certificate of qualification in the specialty by the board; or
(8) Being guilty of unprofessional conduct as contained in the American dental association principles of ethics and code of professional conduct. The following acts or any of them are conclusively presumed to be unprofessional conduct:
(A) Being guilty of any fraud or deception;
(B) Committing a criminal operation or being convicted of a crime involving moral turpitude;
(C) Abusing alcohol or drugs;
(D) Violating any professional confidence or disclosing any professional secret;
(E) Being grossly immoral;
(F) Employing what are known as "cappers" or "steerers" to obtain business;
(G) Obtaining any fee by fraud or misrepresentation;
(H) Employing directly or indirectly, or 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) Practicing, or offering, or undertaking to practice dentistry under any firm name or trade name not approved by the board;
(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) Making use of any advertising relating to the use of any drug or medicine of unknown formula;
(L) Advertising to practice dentistry or perform any operation thereunder without causing pain;
(M) Advertising professional superiority or the performance of professional services in a superior manner;
(N) Advertising to guarantee any dental service;
(O) Advertising in any manner that is false or misleading in any material respect;
(P) Soliciting subscriptions from individuals within or without the state for, or 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 provisions of this paragraph may 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 any type of public media.
(c) Disciplinary action includes, but is not limited to, a reprimand, censure, probation, administrative fine not to exceed one thousand dollars per day per violation and mandatory attendance at continuing professional education seminars.
(d) This entire section is passed in the interest of the public health, safety and welfare and its provisions must be liberally construed to carry out its object and purpose.
§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
(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.
§30-4-22. Hearing and judicial review.
(a) A hearing on a statement of charges shall be held in accordance with the provisions for hearing set forth in section eight, article one of this chapter and procedures specified by rule by the board by rule.
(b) Any dentist or dental hygienist adversely affected by any decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code and may appeal any ruling resulting from judicial review in accordance with article five, chapter twenty-nine-a of this code.
§30-4-23. Reinstatement.
Any dentist or dental hygienist against whom disciplinary action has been taken under the provisions of this article shall be afforded an opportunity to demonstrate the qualifications to resume practice. The application for reinstatement shall be in writing and subject to the procedures specified by the board by rule.
§30-4-24. Unlawful acts.
It is unlawful for any person not licensed under the provisions of this article to practice dentistry or dental hygiene in this state.
§30-4-25. Injunctions.
When, as a result of an investigation under section twenty-one of this article or otherwise, the board or any other interested person believes that any person has engaged, is engaging or is about to engage in the practice of dentistry or dental hygiene without a license, the board or any other interested person may make application to any court of competent jurisdiction for an order enjoining the acts or practices and upon a showing that the person has engaged or is about to engage in any act or practice, an injunction, restraining order or another appropriate order may be granted by the court without bond.
ARTICLE 41. DENTAL HYGIENISTS.
§30-41-1. Short title.
This article shall be known and may be cited as the "West Virginia Dental Hygiene Practice Act."
§30-41-2. License required to practice.
In order to protect public health and safety, any person practicing or offering to practice as a dental hygienist must submit evidence that he or she is qualified to practice and is licensed as provided in this article.
§30-41-3. Definitions.
Unless the context in which used clearly requires a different meaning, as used in this article:
(1) "Applicant" means any person making application for an original or renewal license or a temporary permit under the provisions of this article.
(2) "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.
(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 hygienists.
(5) "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.
(6) "Dental assistant" means a person qualified by education, training and experience who aids or assists a dentist or dental hygienist 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 may be used to describe this auxiliary.
(7) "Dental auxiliary personnel" or "auxiliary" means dental hygienists and dental assistants who assist the dentist or dental hygienist in the provision of oral health care services to patients.
(8) "Dental hygienist" means a person licensed by the board who provides educational, preventative and therapeutic oral health care services for the control of oral diseases and the promotion of health of patients to patients in various settings: Provided, That no occupational title other than dental hygienist may be used to describe this auxiliary.
(9) "Dental laboratory" means a dental laboratory as defined in section one, article four-b of this chapter.
(10) "Dental office" means the place where the licensed dentist and dental auxiliary personnel are practicing dentistry.
(11) "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.
(12) "Dentist" means an individual licensed to practice dentistry by the West Virginia board of dental examiners pursuant to the provisions of article four, chapter thirty of this code.
(13) "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.
(14) "Direct supervision" means supervision of dental auxiliary personnel provided by a licensed dentist who is physically present in the dental office.
(15) "General supervision" means supervision of dental auxiliary personnel by a licensed dentist through authorization of treatment by the auxiliary personnel that may be performed without the physical presence of the licensed dentist in the dental office.
(16) "Good moral character" means a lack of history of dishonesty.
(17) "Licensee" means any person holding a license or temporary permit issued under the provisions of this article or under the former provisions of article four of this chapter.
§30-41-4. West Virginia board of dental hygienists.
(a) The West Virginia board of dental hygienists is hereby established as of the first day of July, two thousand three.
(b) The board shall consist of five members appointed by the governor by and with the advice and consent of the Senate. The board shall consist of the following members:
(1) One licensed dental hygienist appointed for an initial three-year term;
(2) One licensed dental hygienist appointed for a four-year term;
(3) One licensed dental hygienist appointed for a five-year term;
(4) One licensed dentist appointed for a five-year term; and
(5) One lay member appointed for a five-year term who is not licensed under the provisions of this article or article four of this chapter and who is not a person who performs any services related to the practice of dentistry or dental hygiene.
(c) Subsequent members of the board shall be appointed for five-year terms.
(d) Each licensed or certified member of the board, at the time of his or her appointment, must hold a license in this state or have been nationally certified for a period of not less than five years immediately preceding the appointment. Each licensed or certified member of the board, at the time of his or her appointment, must have been ethically engaged in their respective profession for at least three years prior to the date of their appointment to the board. Each board member must be a resident of this state during the appointed term. No person connected with a commercial entity that may derive financial gain from the profession of dentistry or dental hygiene is eligible for appointment to the board.
(e) 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 five nominees selected by the West Virginia dental hygienists' association; and 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 selected by the West Virginia dental association. If the appointment is for a full term, the nominations must be submitted to the governor not later than six months prior to the date on which the appointment becomes effective. If the appointment is to fill a vacancy, the nominations must be submitted to the governor within thirty days after a request for the nominations have been made by the governor to the president of either association. If the association fails to submit to the governor nominations for an appointment in accordance with the requirements of this section, the governor may make the appointment without the nominations.
(f) No member may serve more than two consecutive full terms and any member having served two full terms may not be appointed for one year after completion of his or her second term. A member shall continue to serve until his or her successor has been appointed and qualified.
(g) Any vacancy on the board of dental hygienists shall be filled by appointment by the governor for the unexpired term of the member whose office is vacant and any such appointment shall be made within sixty days of the occurrence of the vacancy. The governor may remove any member of the board in case of incompetency, neglect of duty, gross immorality or malfeasance in office.
(h) Any member of the board immediately and automatically forfeits his or her membership if he or she has his or her license to practice dentistry or dental hygiene suspended or revoked by their respective governing boards, is convicted of a felony under the laws of any state or the United States or becomes a non- resident of this state.
(i) Each member of the board shall receive compensation and expense reimbursement pursuant to the provisions of section eleven, article one of this chapter.
§30-41-5. Powers and duties of board; funds of board.
(a) The board has all of the powers set forth in article one of this chapter. The board shall elect officers, set agendas and perform its duties as required by article one of this chapter.
(b) In addition to the powers set forth in article one of this chapter, the board of dental hygienists 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 dental hygienist license or certification;
(4) Provide for the administration of an examination of applicants for a license to engage in the practice of dental hygiene;
(5) Determine the time and place for any such examinations and the passing score for each separate examination;
(6) Issue, renew, deny, suspend, revoke or reinstate licenses or certifications, and discipline licensees or holders of certificates under this article;
(7) Investigate alleged violations of the provisions of this article and article four of this chapter, rules promulgated pursuant to this article 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; and
(9) Take all other actions necessary and proper to effectuate the purposes of this article.
§30-41-6. Rule-making authority.
(a) The board shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code implementing the provisions of this article and the powers and duties of the board.
(b) The rules promulgated by the board shall include, but not be limited to, the following:
(1) The examinations administered under this article;
(2) Issuing and renewing a dental hygienist license;
(3) Issuing temporary permits and teaching permits;
(4) Denying, suspending, revoking, reinstating or limiting the practice of a dental hygienist;
(5) Continuing education requirements for dental hygienists;
(6) Delegating procedures to be performed by a dental hygienist;
(7) Establishing professional conduct requirements for dental hygienists;
(8) Establishing standards to ensure that the activities of a licensed dental hygienist are performed in accordance with the definition requirements of a dental hygienist;
(9) Investigating alleged violations of any provision of this article, any reasonable rule promulgated hereunder and any order or final decision of the board.
(10) Taking appropriate disciplinary action against any licensee for the violation thereof or institute appropriate legal action for the enforcement of any provision of this article, any rule promulgated hereunder and any order or final decision of the board or take such disciplinary action and institute legal action.
§30-41-7. Fees, special revenue account; administrative fines.
(a) There is hereby created in the office of the treasurer a special revenue account to be known as the "West Virginia Board of Dental Hygienists."
(b) All fees and other moneys paid to and received by the board, except administrative fines, shall be deposited in the special revenue account and must be used for the administration of this article. All moneys collected as administrative fines shall be paid into the general revenue fund.
(c) The compensation of and the reimbursement of all reasonable and necessary expenses actually incurred by the members of the board and all other costs and expenses incurred by the board in the administration of this article shall be paid from the board's fund, and no part of the state's general revenue fund shall be expended for that purpose.
(d) Except as provided in section eleven, article one of this chapter, the board shall retain the amounts in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the general revenue fund.
§30-41-8. Dental hygienist license requirements.
(a) The board shall issue a dental hygienist license to an applicant who meets the following requirements:
(1) Is at least eighteen years of age;
(2) Is of good moral character;
(3) Is a graduate with a degree in dental hygiene from an approved dental hygiene program of a college, school or dental department of a university;
(4) Has passed the national board for dental hygiene examination, as evidenced by a certificate from the joint commission on national dental examination, and has passed a regional or state clinical examination and a state law examination that tests the applicant's knowledge of subjects specified by the board by rule;
(5) Has not been found guilty of cheating, deception or fraud in the examination or any part of the application; and
(6) Has paid the application fee specified by rule.
(b) A dental hygienist license issued by the West Virginia board of dental examiners pursuant to the provisions of article four of this chapter prior to the first day of July, two thousand three, shall for all purposes be considered a dental hygienist license issued under this section: Provided, That a person holding a dental hygienist license issued prior to the first day of July, two thousand three, must renew the license pursuant to section ten of this article.
§30-41-9. Dental hygienist from another state; license to practice dental hygiene in this state.

The board may issue a dental hygiene license to an applicant who holds a valid dental hygiene license from another state if the applicant demonstrates that:
(1) He or she holds a dental hygiene license in another state that was granted after completion of educational requirements substantially equivalent to those required in this state;
(2) He or she holds a dental hygiene license in another state that was granted after passing, in that or another state, an examination that is substantially equivalent to the examination required in this state;
(3) He or she is not currently being investigated by a disciplinary authority of another state, does not have charges pending against his or her dental hygiene license and has never had a dental hygiene license revoked;
(4) He or she has not previously failed an examination for licensure as a dental hygienist in this state; and
(5) He or she has paid the application fee specified by rule.
§30-41-10. License renewal; conditions of renewal.
(a) The board shall renew a license to practice dental hygiene for a one-year period after its issue in accordance with procedures specified by rule.
(b) The board shall charge a fee for each renewal of a license to practice dental hygiene in amounts specified by rule.
(c) The board shall require as a condition for the renewal of a license to practice dental hygiene that each dental hygienist participate in continuing professional education in accordance with the requirements specified by rule.
§30-41-11. 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) Has paid the application fee specified by rule; and
(5) Meets the other qualifications specified 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.
(c) The board may issue a teaching permit to an applicant who meets the qualifications set forth in subdivisions (1), (2), (3) and (5) of this section and who has been certified by the director of a dental hygiene program located in this state to be a member of the teaching staff of the program.
(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 or the dental hygiene program.
§30-41-12. Scope of practice of dental hygienists; limitations of dental assistants.

(a) The practice of dental hygiene includes the following:
(1) Performing a complete prophylaxis, including the removal of any deposit, accretion or stain from the surface of a tooth or a restoration;
(2) Applying a medicinal agent to a tooth for a prophylactic purpose;
(3) Taking a dental X ray;
(4) Instructing a patient on proper oral hygiene practice;
(5) Performing all delegated procedures of a dental hygienist specified by rule by the board; and
(6) Performing all delegated procedures of a dental assistant specified by rule by the board.
(b) A dental assistant may not perform any procedures included in the scope of practice of a dental hygienist.
§30-41-13. Issuance of license; renewal of license; renewal fee; display of license.

(a) Whenever the board finds that an applicant meets all of the requirements of this article for a license to engage in the practice of dental hygiene or to act as a dental hygienist, it shall forthwith issue to him or her a dental hygienist license. Any person who does not meet the requirements shall be denied a dental hygienist license.
(b) Every licensee shall renew his or her license to practice dental hygiene for a one-year period after its issuance in accordance with procedures specified by rule. Any license that is not so renewed shall automatically lapse.
(c) The board shall charge a fee for each renewal of a license to practice dental hygiene in amounts specified by rule.
(d) The board shall require as a condition for the renewal of a license to practice dental hygiene that each dental hygienist participate in continuing professional education in accordance with the requirements specified by rule.
(e) A license that has lapsed may be renewed within five years of its expiration date by payment to the board of the appropriate renewal fee for each year or part thereof during which the license was not renewed. After the expiration of a five-year period, a license may be renewed only by complying with the provisions herein relating to the issuance of an original license.
(f) A licensee desiring to cease engaging in the practice of dental hygiene temporarily shall send a written notice to the board. Upon receipt of the notice, the board shall place the name of the person upon the inactive list. While his or her name remains on this list, the person is not subject to the payment of any fee and may not engage in the practice of dental hygiene in this state. When the person again desires to engage in the practice of dental hygiene, application for renewal of the license and the payment of a renewal fee for the then current year shall be made to the board.
(g) The board may deny any application for renewal of a license for any reason that would justify the denial of an original application for a license.
(h) The board shall prescribe the form of licenses and each license shall be conspicuously displayed by the licensee at his or her principal place of practice.
(i) Any license issued under the former provisions of article four of this chapter, which license remains unsuspended and unrevoked, is valid and considered for all purposes as having been issued under the provisions of this article and may be renewed, suspended or revoked as licenses issued under the provisions of this article. Any license issued under the former provisions of article four of this chapter that has lapsed or shall hereafter lapse is subject to the provisions of this section pertaining to the lapse of a license issued under the provisions of this article and its renewal.
 §30-41-14. Notification of change of office.
 Every licensed dental hygienist within thirty days of changing his or her place of employment or establishing employment at additional dental employment sites shall furnish the board with the name and address of the new or additional employers.
§30-41-15. Suspension or revocation of license or temporary permit.

(a) The board may refuse to issue or renew a dental hygienist license; reprimand, enter into consent decrees, enter into probation orders, levy fines not to exceed one thousand dollars per day per violation, assess administration fees, suspend, limit or revoke the license or temporary permit of any licensee who, after hearing, has been adjudged by the board as unqualified for any of the following reasons:
(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 dental hygiene, which includes the departure from, or the failure to conform to, the minimal standards of acceptable and prevailing dental hygiene practice as 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 dental hygiene;
(5) Being guilty of gross ignorance or gross inefficiency in his or her profession;
(6) Being convicted of a felony; and a certified copy of the record of the court of conviction is sufficient proof of conviction;
(7) Being guilty of any fraud or deception;
(8) Committing a criminal operation or being convicted of a crime involving moral turpitude;
(9) Abusing alcohol or drugs;
(10) Violating any professional confidence or disclosing any professional secret;
(11) Being grossly immoral;
(12) Engaging in any action or conduct which would have warranted the denial of the license.
(b) Disciplinary action includes, but is not limited to, a reprimand, censure, probation, administrative fine not to exceed one thousand dollars per day per violation and mandatory attendance at continuing professional education seminars.
(c) This entire section is passed in the interest of the public health, safety and welfare and its provisions must be liberally construed to carry out its object and purpose.
§30-41-16. Complaints; investigations.
(a) Upon receipt of a written complaint filed against any dental hygienist, the board shall provide a copy of the complaint to the dental hygienist.
(b) The board may investigate the complaint. If the board finds upon investigation that probable cause exists that the dental hygienist has violated any provision of this article or the rules, the board shall serve the 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.
§30-41-17. Hearing and judicial review.
(a) A hearing on a statement of charges shall be held in accordance with the provisions for hearing set forth in section eight, article one of this chapter and procedures specified by rule by the board by rule.
(b) Any dental hygienist adversely affected by any decision of the board entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code and may appeal any ruling resulting from judicial review in accordance with article five, chapter twenty- nine-a of this code.
§30-41-18. Reinstatement.
Any dental hygienist against whom disciplinary action has been taken under the provisions of this article shall be afforded an opportunity to demonstrate the qualifications to resume practice. The application for reinstatement shall be in writing and subject to the procedures specified by the board by rule.
§30-41-19. Unlawful acts.
It is unlawful for any person not licensed under the provisions of this article to practice dental hygiene in this state.
§30-41-20. Injunctions.
When, as a result of an investigation under this article or otherwise, the board or any other interested person believes that any person has engaged, is engaging or is about to engage in the practice of dental hygiene without a license, the board or any other interested person may make application to any court of competent jurisdiction for an order enjoining the acts or practices and upon a showing that the person has engaged or is about to engage in any act or practice, an injunction, restraining order or another appropriate order may be granted by the court without bond.
§30-41-21. Criminal proceedings; penalties.
(a) When, by reason of an investigation under the provisions of this article or otherwise, the board has reason to believe that any person has knowingly violated section twenty of this article, the board may bring its information to the attention of the attorney general or other appropriate law-enforcement officer who may cause appropriate criminal proceedings to be brought.
(b) Any person who knowingly violates any provision of section twenty of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two thousand five hundred dollars or confined in the county or regional jail not more than one year, or both fined and imprisoned.
§30-41-22. Single act evidence of practice.
In any action brought under section twenty of this article or any proceeding initiated under section twenty-one of this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.
§30-41-23. Register and reports.
In addition to the requirements otherwise noted in this article the board shall:
(a) Maintain a register listing the name of every licensed dental hygienist in this state, his or her last known place of business or employment and last known residence, and the date and certificate number of his or her license;
(b) Prepare annually from such register a list of every licensed dental hygienist; furnish the list to any dentist, dental corporation or other interested person who makes application therefor and who pays to the board the reasonable cost of the copy of the list; and
(c) Keep accurate and complete records of its proceedings, certify the same as may be appropriate and submit to the governor a report on the transactions of the board including an accounting of all money received and disbursed.
§30-41-24. Termination date.
The West Virginia board of dental hygienists shall terminate on the first day of July, two thousand ten, pursuant to the provisions of article ten, chapter four of this code.




NOTE: The purpose of this bill is to create the West Virginia board of dental hygienists, transferring the licensing and oversight of dental hygienists from the board of dental examiners and regulating the practice of dental hygienists in this state. It provides among other things a short title, requires license and provides definitions. It states the manner of appointment of board of dental hygienists and term of office, with powers and duties of the board and provides for fees and funding. It provides for rule-making authority and creates a special revenue account. The bill authorizes licensing dental hygienist from another state and sets the scope and limitations of practice of dental hygienists. There is a procedure for complaints, investigations, hearing and judicial review. Unlawful acts are defined and subject to injunctions. Criminal penalties are stated and there is a Sunset provision.

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

§§31-41 is new; therefore, strike-throughs and underscoring are omitted.