COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 13
(By Senator Bailey)
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[Originating in the Committee on Judiciary;
reported February 15, 2008.]
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A BILL to amend and reenact §30-4-3, §30-4-5, §30-4-6, §30-4-13,
§30-4-14, §30-4-15 and §30-4-21 of the Code of West Virginia,
1931, as amended, all relating to the West Virginia Dental
Practice Act; clarifying definitions, powers of the board,
rulemaking and temporary permits; authorizing Board of Dental
Examiners to promulgate rules allowing dental hygienists to
practice in public health settings under different degrees of
supervision; providing method of service that a copy of a
complaint against a dentist or dental hygienist to a dentist or
dental hygienist be established by board rule; establishing a
special volunteer dental license; and providing civil immunity.
Be it enacted by the Legislature of West Virginia:
That §30-4-3, §30-4-5, §30-4-6, §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, 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 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 and in a public health setting: 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 treatment provided by the
dental auxiliary 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.
(20) "Public health practice" means treatment or procedures in a
public health setting which shall be designated by a rule
promulgated by the Board of Dental Examiners to require direct,
general or no supervision of a dental hygienist by a licensed
dentist.
(21) "Public health setting" means hospitals, schools,
correctional facilities, jails, community clinics, long-term care
facilities, nursing homes, home health agencies, group homes, state institutions under the West Virginia Department of Health
and Human Resources, public health facilities, homebound
settings, accredited dental hygiene education programs and any
other place designated by the board by rule.
(19) (22) "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.
§30-4-6. 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:
(1) The examinations administered under this article;
(2) Issuing and renewing a license;
(3) Issuing temporary permits, teaching permits and dental intern
or resident permits;
(4) Specialities 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) Designating the services and procedures requiring or allowing
direct supervision, general supervision and public health
practice;
(9) (10) Delegated procedures to be performed by a dental assistant;
(10) (11) Use of firm or trade names;
(11) (12) Dental corporations; and
(12) (13) 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.
§30-4-13. 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 by rule by the
board in accordance with the provisions of this article.
(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) , 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 by rule by the
board, in accordance with the provisions of this article.
(b) A temporary permit to practice dental hygeiene shall not
be renewed and expires on the earlier of:
(i) The date the dental hygienist ceases to be employed; or
(ii)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.
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(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; 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.)