COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 427
(By Senators Bailey and Stollings)
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[Originating in the Committee on Health and Human Resources;
reported February 16, 2007.]
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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 for 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 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 hereunder without the payment of
any application fee, license fee or renewal fee, shall be issued for
a fiscal year or part thereof, and shall be 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 such
written agreement shall be 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 shall not be 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 hereunder, except the fee requirements
of subsection (6) of said section and of the legislative rule
promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring 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 such policy waives or agrees not to assert as a defense on
behalf of the policyholder or any beneficiary thereof, to any claim
covered by the terms of such 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) 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 issuance. the date that the first
examination required by rule for a license to practice dentistry is
administered
(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 the West Virginia Dental
Practice Act; 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 providing 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.
Section 30-4-8a is new, therefore strike-throughs and
underlines have been omitted.