Introduced Version
House Bill 2750 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2750
(By Delegate Perdue, Perry, Eldridge,
Ellington, Lawrence, Morgan and Staggers)
[Introduced February 27, 2013; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to repeal §30-4-8a, §30-4-10a, §30-4-25, §30-4-26, §30-4-27,
§30-4-28 and §30-4-29 of the Code of West Virginia, 1931; to
repeal §30-4A-6a, §30-4A-6b, §30-4A-6c, §30-4A-6d and
§30-4A-18 of said code; to repeal §30-4B-5, §30-4B-6, §30-4B-7
and §30-4B-8 of said code; to amend and reenact §30-4-1,
§30-4-2, §30-4-3, §30-4-4, §30-4-5, §30-4-6, §30-4-7, §30-4-8,
§30-4-9, §30-4-10, §30-4-11, §30-4-12, §30-4-13, §30-4-14,
§30-4-15, §30-4-16, §30-4-17, §30-4-18, §30-4-19, §30-4-20,
§30-4-21, §30-4-22, §30-4-23 and §30-4-24 of said code; to
amend and reenact §30-4A-1, §30-4A-2, §30-4A-3, §30-4A-4,
§30-4A-5, §30-4A-6, §30-4A-7, §30-4A-8, §30-4A-9, §30-4A-10,
§30-4A-11, §30-4A-12, §30-4A-13, §30-4A-14, §30-4A-15,
§30-4A-16 and §30-4A-17 of said code; and to amend and reenact
§30-4B-1, §30-4B-2, §30-4B-3 and §30-4B-4 of said code, all
relating to the practice of dentistry; prohibiting the practice of dentistry without a license; providing other
applicable sections; providing definitions; providing for
board composition; setting forth the powers and duties of the
board; clarifying rule-making authority; continuing a special
revenue account; establishing license, certification and
permit requirements; creating a scope of practice; creating a
temporary permit; establishing renewal requirements; providing
for exemptions from licensure; providing requirements for the
display of a board authorization; permitting the board to file
an injunction; setting forth grounds for disciplinary actions;
allowing for specific disciplinary actions; providing
procedures for investigation of complaints; providing for
judicial review and appeals of decisions; setting forth
hearing and notice requirements; providing for civil causes of
action; providing criminal penalties; and updating references.
Be it enacted by the Legislature of West Virginia:
That §30-4-8a, §30-4-10a, §30-4-25, §30-4-26, §30-4-27,
§30-4-28 and §30-4-29 of the Code of West Virginia, 1931, as
amended, be repealed; that §30-4A-6a, §30-4A-6b, §30-4A-6c,
§30-4A-6d and §30-4A-18 be repealed; that §30-4B-5, §30-4B-6,
§30-4B-7 and §30-4B-8, be repealed; that §30-4-1, §30-4-2, §30-4-3,
§30-4-4, §30-4-5, §30-4-6, §30-4-7, §30-4-8, §30-4-9, §30-4-10,
§30-4-11, §30-4-12, §30-4-13, §30-4-14, §30-4-15, §30-4-16,
§30-4-17, §30-4-18, §30-4-19, §30-4-20, §30-4-21, §30-4-22, §30-4-23 and §30-4-24 of said code be amended and reenacted; that
§30-4A-1, §30-4A-2, §30-4A-3, §30-4A-4, §30-4A-5, §30-4A-6,
§30-4A-7, §30-4A-8, §30-4A-9, §30-4A-10, §30-4A-11, §30-4A-12,
§30-4A-13, §30-4A-14, §30-4A-15, §30-4A-16 and §30-4A-17 of said
code be amended and reenacted; and that §30-4B-1, §30-4B-2,
§30-4B-3 and §30-4B-4 of said code be amended and reenacted; all to
read as follows:
ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.
§30-4-1. Unlawful acts.
_____(a) It is unlawful for a person to practice or offer to
practice dentistry or dental hygiene in this state without a
license, issued under the provisions of this article, or advertise
or use a title or description tending to convey or give the
impression that he or she is a dentist or dental hygienist, unless
the person is licensed under the provisions of this article.
_____(b) A business entity may not render a service or engage in an
activity which, if rendered or engaged in by an individual, would
constitute the practice of dentistry, except through a licensee.
§30-4-2. Applicable law.
_____The practices authorized under the provisions of this article
and the Board of Dentistry are subject to article one of this
chapter, the provisions of this article and the rules promulgated
hereunder.
§30-4-3. Definitions.
_____As used in article four, four-a and four-b, the following
words and terms have the following meanings:
_____(1) "AAOMS" means the American Association of Oral and
Maxillofacial Surgeons;
_____(2) "AAPD" means the American Academy of Pediatric Dentistry;
_____(3) "ACLS" means Advanced Cardiac Life Support;
_____(4) "ADA" means the American Dental Association;
_____(5) "AMA" means the American Medical Association;
_____(6) "ASA" means American Society of Anesthesiologists;
_____(7)"Anxiolysis(anxiety-free)/minimal sedation" or
premedication for anxiety - means removing, eliminating or
decreasing anxiety by the use of a single anxiety or analgesia
medication that is administered in an amount consistent with the
manufacturer's current recommended dosage for the unsupervised
treatment of anxiety, insomnia or pain, in conjunction with nitrous
oxide and oxygen. This does not include multiple dosing or
exceeding current normal dosage limits set by the manufacturer for
unsupervised use by the patient at home, for the treatment of
anxiety;
_____(8) "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;
_____(9) "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;
_____(10) "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;
_____(11) "BLS" means Basic Life Support;
_____(12) "Board" means the West Virginia Board of Dentistry;
_____(13) "Board Authorization" means a license, certificate or
permit issued by the board;
_____(14) "Business entity" means a firm, partnership, association,
company, corporation, limited partnership, limited liability
company or other entity;
_____(15) "Central Nervous System Anesthesia" means an induced
controlled state of unconsciousness or depressed consciousness
produced by a pharmacologic method;
_____(16) "Certificate of qualification" means a certificate
authorizing a dentist to practice a specialty;
_____(17) "CPR" means Cardiopulmonary Resuscitation;
_____(18) "Conscious sedation/Moderate sedation" means an induced
controlled state of depressed consciousness, produced through the
administration of nitrous oxide and oxygen and/or the
administration of other agents whether enteral or parenteral, in
which the patient retains the ability to independently and
continuously maintain an airway and to respond purposefully to
physical stimulation and to verbal command;
_____(19) "CRNA" means Certified Registered Nurse Anesthetist;
_____(20) "Delegated procedures" means those procedures specified
by law or by rule of the board and performed by dental auxiliary
personnel under the supervision of a licensed dentist;
_____(21) "Dentist Anesthesiologist" means a dentist who is trained
in the practice of anesthesiology and has completed an additional
approved anesthesia education course;
_____(22) "Dental assistant" means a person qualified by education,
training or experience who aids or assists a dentist in the
delivery of patient care in accordance with delegated procedures as
specified by the board by rule or who may perform nonclinical
duties in the dental office;
_____(23) "Dental auxiliary personnel" or "auxiliary" means dental
hygienists and dental assistants who assist the dentist in the
practice of dentistry;
_____(24) "Dental Hygiene" means the performance of educational,
preventive or therapeutic dental services and as further provided in section nine and legislative rule;
_____(25) "Dental hygienist" means a person licensed by the board
to practice dental hygiene and other services as specified by the
board by rule to patients in the dental office and in a public
health setting;
_____(26) "Dental laboratory" means a business performing dental
laboratory services;
_____(27) "Dental laboratory services" means the fabricating,
repairing or altering of a dental prosthesis;
_____(28) "Dental laboratory technician" means a person qualified
by education, training or experience who has completed a dental
laboratory technology education program and who fabricates, repairs
or alters a dental prosthesis in accordance with a dentist's work
authorization;
_____(29) "Dental office" means the place where the licensed
dentist and dental auxiliary personnel are practicing dentistry;
_____(30) "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;
_____(31) "Dentist" means an individual licensed by the board to
practice dentistry;
_____(32) "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;
_____(33) "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;
_____(34) "Facility Permit" means a permit for a facility where
sedation procedures are used that correspond with the level of
anesthesia provided;
_____(35) "General anesthesia" means an induced controlled state of
unconsciousness in which the patient experiences complete loss of
protective reflexes, as evidenced by the inability to independently
maintain an airway, the inability to respond purposefully to
physical stimulation, or the inability to respond purposefully to
verbal command. "Deep conscious sedation/general anesthesia"
includes partial loss of protective reflexes and the patient
retains the ability to independently and continuously maintain an
airway;
_____(36) "General supervision" means a dentist is not required to
be in the office or treatment facility when procedures or services
are being performed by the auxiliary dental personnel, but has
personally diagnosed the condition to be treated, has personally
authorized the procedures or services and evaluates the treatment
provided by the dental auxiliary personnel;
_____(37) "Good moral character" means a lack of history of dishonesty;
_____(38) "Health Care Provider BLS/CPR" means Health Care Provider
Basic Life Support/Cardiopulmonary Resuscitation;
_____(39) "License" means a license to practice dentistry or dental
hygiene;
_____(40) "Licensee" means a person holding a license;
_____(41) "Mobile Dental Facility" means a self-contained facility
in which dentistry shall be practiced which may be moved, towed, or
transported from one location to another;
_____(42) "Other dental practitioner" means those persons excluded
from the definition of the practice of dentistry under the
provisions of subsections (3), (4) and (5), section twenty-nine,
and also those persons who hold teaching permits which have been
issued to them under the provisions of section fourteen, article
four of this chapter;
_____(43) "PALS" means Pediatric Advanced Life Support;
_____(44) "Pediatric Patient" means infants and children;
_____(45) "Physician Anesthesiologist" means a physician, MD or DO,
who is specialized in the practice of anesthesiology;
_____(46) "Portable Dental Unit" means a nonfacility in which
dental equipment, used in the practice of dentistry, is transported
to and used on a temporary basis at an out-of-office location,
including, but not limited to, patient's homes, schools, nursing
homes, or other institutions;
_____(47) "Public health practice" means treatment or procedures in
a public health setting which shall be designated by a rule
promulgated by the board to require direct, general or no
supervision of a dental hygienist by a dentist;
_____(48)"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 another place designated by the
board by rule;
_____(49) "Qualified Monitor" means an individual who by virtue of
credentialing and/or training checks closely and documents the
status of a patient undergoing anesthesia and observes equipment
used;
_____(50) "Relative analgesia/minimal sedation" means an induced
controlled state of minimally depressed consciousness, produced
solely by the inhalation of a combination of nitrous oxide and
oxygen, or single oral premedication without the addition of
nitrous oxide and oxygen in which the patient retains the ability
to independently and continuously maintain an airway and to respond
purposefully to physical stimulation and to verbal command. Dosage
of oral premedication is not to exceed the recommended dosage
limits set by the manufacturer for the treatment of anxiety, insomnia or pain;
_____(51) "Specialty" means the practice of a certain branch of
dentistry;
_____(52) "Subcommittee" means West Virginia Board of Dentistry
Subcommittee on Anesthesia;
_____(53) "Treatment Facility" means a location other than a dental
office where dental services are provided;
_____(54) "Work authorization" means a written order for dental
laboratory services which has been issued by a licensed dentist or
other dental practitioner.
§30-4-4. Board of dental examiners.
_____(a) The "West Virginia Board of Dental Examiners" is continued
and on July 1, 2013, the board shall be renamed the "West Virginia
Board of Dentistry. 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 qualified.
_____(b) The Governor, by and with the advice and consent of the
Senate, shall appoint:
_____(1) Six licensed dentists;
_____(2) One licensed dental hygienist;
_____(3) One nationally certified dental assistant or currently
practicing dental assistant with a minimum of ten years experience
and;
_____(4) One citizen member who is not licensed under the
provisions of this article and does not perform services related to
the practice of dentistry.
_____(c) A person connected with a commercial entity that may
derive financial gain from the profession of dentistry and a person
employed as full-time faculty with a dental college, school or
dental department of a university are not eligible for appointment
to the board.
_____(d) After the initial appointment term, the appointment term
is five years. A member may not serve more than two consecutive
terms. A member who has served two consecutive full terms may not
be reappointed for at least one year after completion of his or her
second full term. A member may continue to serve until his or her
successor has been appointed and qualified.
_____(e) Each licensed member of the board, at the time of his or
her appointment, shall have held a license in this state for a
period of not less than five years immediately preceding the
appointment.
_____(f) Each member of the board shall be a resident of this state
during the appointment term.
_____(g) A vacancy on the board shall be filled by appointment by
the Governor for the unexpired term of the member whose office is
vacant.
_____(h) The Governor may remove a member from the board for neglect of duty, incompetency or official misconduct.
_____(i) A licensed member of the board immediately and
automatically forfeits membership to the board if his or her
license to practice is suspended or revoked in any jurisdiction.
_____(j) A member of the board immediately and automatically
forfeits membership to the board if he or she is convicted of a
felony under the laws of any jurisdiction or becomes a nonresident
of this state.
_____(k) The board shall elect annually one of its members as
president and one member as secretary who shall serve at the will
and pleasure of the board.
_____(l) Each member of the board is entitled to receive
compensation and expense reimbursement in accordance with article
one of this chapter.
_____(m) A simple majority of the membership serving on the board
at a given time is a quorum for the transaction of business.
_____(n) The board shall hold at least two meetings annually.
Other meetings shall be held at the call of the president or upon
the written request of four members, at the time and place as
designated in the call or request.
_____(o) Prior to commencing his or her duties as a member of the
board, each member shall take and subscribe to the oath required by
section five, article four of the Constitution of this state.
_____(p) The members of the board when acting in good faith and without malice shall enjoy immunity from individual civil liability
while acting within the scope of their duties as board members.
§30-4-5. Powers of the board.
_____The board has all the powers and duties set forth in this
article, by rule, in article one of this chapter and elsewhere in
law, including to:
_____(1) Hold meetings;
_____(2) Establish procedures for submitting, approving and
rejecting applications for a license, certificate and permit;
_____(3) Determine the qualifications of a applicant for a license,
certificate and permit;
_____(4) Establish the fees charged under the provisions of this
article;
_____(5) Issue, renew, deny, suspend, revoke, limit or reinstate a
license, certificate and permit;___
_____(6) Prepare, conduct, administer and grade written, oral or
written and oral examinations for a license;
_____(7) Contract with third parties to administer the examinations
required under the provisions of this article;
_____(8) Maintain records of the examinations the board or a third
party administers, including the number of persons taking the
examination and the pass and fail rate;
_____(9) Maintain an office, and hire, discharge, establish the job
requirements and fix the compensation of employees and contract with persons necessary to enforce the provisions of this article.
_____(10) Employ investigators, attorneys, hearing examiners,
consultants and other employees as may be necessary, who are exempt
from the classified service and who serve at the will and pleasure
of the board.
_____(11) Investigate alleged violations of the provisions of this
article, article four-a and article four-b of this chapter,
legislative rule, orders and final decisions of the board;
_____(12) Conduct disciplinary hearings of persons regulated by the
board;
_____(13) Determine disciplinary action and issue orders;
_____(14) Institute appropriate legal action for the enforcement of
the provisions of this article;
_____(15) Maintain an accurate registry of names and addresses of
all persons authorized or licensed by the board;
_____(16) Keep accurate and complete records of its proceedings,
and certify the same as may be necessary and appropriate;
_____(17) Propose rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code to implement the
provisions of this article;
_____(18) Sue and be sued in its official name as an agency of this
state; and
_____(19) Confer with the Attorney General or his or her assistant
in connection with legal matters and questions.
§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, and articles four-a and four-b of this chapter including:
_____(1) Standards and requirements for licenses, certifications
and permits;
_____(2) Requirements for third parties to prepare and/or
administer examinations and reexaminations;
_____(3) Educational and experience requirements;
_____(4) Continuing education requirements and approval of
continuing education courses;
_____(5) Procedures for the issuance and renewal of licenses,
certifications and permits;
_____(6) Establish a fee schedule;
_____(7) Regulate dental specialities;
_____(8) Delegate procedures to be performed by a dental hygienist;
_____(9) Delegate procedures to be performed by a dental assistant;
_____(10) Designate the services and procedures performed under
direct supervision, general supervision in public health practice;
_____(11) Designate additional public health settings;
_____(12) Regulate the use of firm or trade names;
_____(13) Regulate dental corporations;
_____(14) Regulate professional limited liability companies;
_____(15) Establish professional conduct requirements;
_____(16) Establish the procedures for denying, suspending,
revoking, reinstating or limiting the practice of licensees,
certifications and permitees;
_____(17) Establish requirements for inactive or revoked licenses,
certifications and permits;
_____(18) Regulate dental anesthesia, including:
_____(A) Fees;
_____(B) Evaluations;
_____(C) Equipment;
_____(D) Emergency Drugs;
_____(E) Definitions;
_____(F) Qualified Monitor Requirements; and
_____(G) Education;
_____(19) Any other rules necessary to implement this article.
_____(b) All of the board's rules in effect and not in conflict
with these provisions, shall remain in effect until they are
amended or rescinded.
§30-4-7. Fees; special revenue account; administrative fines.
_____(a) All fees and other moneys, except administrative fines,
received by the board shall be deposited in a separate special
revenue fund in the State Treasury designated the "Board of
Dentists and Dental Hygienist Special Fund", which is continued and
shall be known as the "Board of Dentistry Special Fund". The fund is used by the board for the administration of this article. Except
as may be provided in article one of this chapter, the board
retains the amount 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.
_____(b) Amounts received as administrative fines imposed pursuant
to this article shall be deposited into the general revenue fund of
the State Treasury.
§30-4-8. License to practice dentistry.
_____(a) The board shall issue a license to practice dentistry 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 of and has a diploma from a Commission on
Dental Accreditation or equivalent approved dental college, school
or dental department of a university;
_____(4) Has passed the National Board examination as given by the
Joint Commission on National Dental Examinations and a clinical
board as specified by the board by rule;
_____(5) Has not been found guilty of cheating, deception or fraud
on the examination or on the application;
_____(6) Has paid the application fee specified by rule; and
_____(7) Is not an alcohol or drug abuser, as these terms are
defined in section eleven, article one-a, chapter twenty-seven of this code: Provided, That an applicant in an active recovery
process, which may, in the discretion of the board, be evidenced by
participation in a twelve-step program or other similar group or
process, may be considered.
_____(b) A dentist may not represent to the public that he or she
is a specialist in any branch of dentistry or limit his or her
practice to any branch of dentistry unless first issued a
certificate of qualification in that branch of dentistry by the
board.
_____(c) A license to practice dentistry issued by the board shall
for all purposes be considered a license issued under this section:
Provided, That a person holding a license shall renew the license.
§30-4-9. Scope of practice of a dentist.
_____The practice of dentistry includes the following:
_____(1) Coordinate dental services to meet the oral health needs
of the patient;
_____(2) Examine, evaluate and diagnose diseases, disorders and
conditions of the oral cavity, maxillofacial area and adjacent and
associated structures;
_____(3) Treat diseases, disorders and conditions of the oral
cavity, maxillofacial area and the adjacent and associated
structures;
_____(4) Provide services to prevent diseases, disorders and
conditions of the oral cavity, maxillofacial area and the adjacent and associated structures;
_____(5) Fabricate, repair or alter a dental prosthesis;
_____(6) Administer anesthesia in accordance with the provisions of
article four-a of this chapter;
_____(7) Prescribe drugs necessary for the practice of dentistry;
_____(8) Execute and sign a death certificate when it is required
in the practice of dentistry;
_____(9) Employ and supervise dental auxiliary personnel;
_____(10) Authorize delegated procedures to be performed by dental
auxiliary personnel; and
_____(11) Perform other work included in the curriculum of an
approved dental school, college or dental department of a
university.
§30-4-10. License to practice dental hygiene.
_____(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 dental hygiene examination,
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
on the examination or on the application;
_____(6) Has paid the application fee specified by rule; and,
_____(7) Is not an alcohol or drug abuser, as these terms are
defined in section eleven, article one-a, chapter twenty-seven of
this code: Provided, That an applicant in an active recovery
process, which may, in the discretion of the board, be evidenced by
participation in a twelve-step program or other similar group or
process, may be considered.
_____(b) A dental hygienist license issued by the board shall for
all purposes be considered a dental hygienist license issued under
this section: Provided, That a person holding a dental hygienist
license shall renew the license.
§30-4-11. Scope of practice for a dental hygienist.
_____The practice of dental hygiene includes the following:
_____(1) Perform a complete prophylaxis, including the removal of
any deposit, accretion or stain from supra and subgingival, the
surface of a tooth or a restoration;
_____(2) Apply a medicinal agent to a tooth for a prophylactic
purpose;
_____(3) Take a radiograph for interpretation by a dentist;
_____(4) Instruct a patient on proper oral hygiene practice;
_____(5) Place sealants on a patient's teeth without a prior examination by a licensed dentist: Provided, That for this
subdivision, the dental hygienist has a public health practice
permit issued by the board, and is subject to a collaborative
agreement with a supervising dentist and the patient is referred
for a dental examination within six months of sealant application;
_____(6) Perform all delegated procedures of a dental hygienist
specified by rule by the board; and
_____(7) Perform all delegated procedures of a dental assistant
specified by rule by the board.
§30-4-12. License renewal.
_____(a) All persons regulated by this article shall annually or
biannually, renew his or her board authorization by completing a
form prescribed by the board and submitting other information
required by the board.
_____(b) The board shall charge a fee for a renewal of a board
authorization and shall charge a late fee for a renewal not paid by
the due date.
_____(c) The board shall require as a condition of renewal that
each licensee, certificate holder or permittee complete continuing
education.
_____(d) The board may deny an application for renewal for any
reason which would justify the denial of an original application.
§30-4-13. Board authorizations shall be displayed.
_____(a) The board shall prescribe the form for a board authorization, and may issue a duplicate upon payment of a fee.
_____(b) A person regulated by the article shall conspicuously
display his or her board authorization at his or her principal
business location.
§30-4-14. Dental intern, resident, or teaching permit.
_____(a) The board may issue a dental intern or dental resident
permit to an applicant 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 and meets the following
qualifications:
_____(1) Has graduated from a Commission on Dental Accreditation or
equivalent approved dental college, school or dental department of
a university with a degree in dentistry;
_____(2) Has paid the application fee specified by rule; and
_____(3) Meets the other qualifications specified by rule.
_____(b) The dental intern or dental resident permit may 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.
_____(c) The board may issue a teaching permit to an applicant who
is not otherwise licensed to practice dentistry in this state and
who meets the following conditions:
_____(1) Has authorization or has been eligible for an
authorization to practice dentistry in another jurisdiction;
_____(2) Has met or been approved under the credentialing standards
of a dental school or an academic medical center with which the
person is to be affiliatedand which the dental school or academic
medical center is accredited by the Commission on Dental
Accreditation or Joint Commission on Accreditation of Health Care
Organizations;
_____(3) The permittee may teach and practice dentistry in or on
behalf of a dental school or college offering a doctoral degree in
dentistry operated and conducted in this state and approved by the
board, in connection with an academic medical center or at a
teaching hospital adjacent to a dental school or an academic
medical center;
_____(4) May be renewed annually with a written recommendation from
the dental school dean;
_____(5) Shall successfully complete the West Virginia Dental Law
Examination;
_____(6) Shall pay annual renewal fees to the board;
_____(7) Shall comply with continuing education requirements; and
_____(8) Has had no disciplinary actions taken or pending against
him or her by another jurisdiction.
_____(d) While in effect, a permittee is subject to the
restrictions and requirements imposed by this article. In addition, a permittee may not receive any fee for service other
than a salary paid by the hospital or dental school.
§30-4-15. Special volunteer dentist or dental hygienist license;
civil immunity for voluntary services rendered to
indigents.
_____(a) There is continued a special volunteer dentist and dental
hygienist license for dentist and dental hygienists retired or
retiring from the active practice of dentistry and dental hygiene
who wish to donate their expertise for the 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 dentist or dental
hygienist license shall be issued by the board to dentists or
dental hygienists licensed or otherwise eligible for licensure
under this article and the legislative rules promulgated hereunder
without the payment of an application fee, license fee or renewal
fee, shall be issued for the remainder of the licensing period, and
renewed consistent with the other licensing requirements of the
board. The board shall develop application forms for the special
license provided in this subsection which shall contain the
dentist's or dental hygienist's acknowledgment that:
_____(1) The dentist or dental hygienist's practice under the
special volunteer dentist or dental hygienist license shall be
exclusively devoted to providing dentistry or dental hygiene care to needy and indigent persons in West Virginia;
_____(2) The dentist or dental hygienist may not receive payment or
compensation, either direct or indirect, or have the expectation of
payment or compensation, for any dentistry or dental hygiene
services rendered under the special volunteer dentist or dental
hygienist license;
_____(3) The dentist or dental hygienist shall supply supporting
documentation that the board may reasonably require; and
_____(4) The dentist or dental hygienist agrees to continue to
participate in continuing professional education as required by the
board for the special volunteer dentist or dental hygienist.
_____(b) The dentist or dental hygienist who renders dentistry or
dental hygiene 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 dentist or dental
hygienist 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 a civil action
arising out of an act or omission resulting from the rendering of
the dental hygiene service at the clinic unless the act or omission
was the result of the dentist's or dental hygienist's gross
negligence or willful misconduct. In order for the immunity under
this subsection to apply, there shall be a written agreement
between the dentist or dental hygienist and the clinic pursuant to which the dentist or dental hygienist provides voluntary
uncompensated dental hygiene services under the control of the
clinic to patients of the clinic before the rendering of services
by the dentist or dental hygienist at the clinic: Provided, That
a clinic entering into a written agreement is required to maintain
liability coverage of not less than $1 million dollars per
occurrence.
_____(c) Notwithstanding the provisions of subsection (b) 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 or dental hygienist
rendering voluntary dental hygiene services at or for the clinic
under a special volunteer dentist or dental hygienist 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 ten of this article and in the
legislative rules promulgated thereunder, except the fee
requirements of subdivision six of that section and of the
legislative rules promulgated by the board relating to fees.
_____(e) This section may not be construed as requiring the board
to issue a special volunteer dentist or dental hygienist license to
a dentist or dental hygienist whose license is or has been subject
to any disciplinary action or to a dentist or dental hygienist who has surrendered a 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 dentist or dental hygienist
license, or who has elected to place a dentist or dental hygienist
license in inactive status in lieu of having a complaint initiated
or other action taken against his or her license, or who has been
denied a dentist or dental hygienist license.
_____(f) A policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
a dentist or dental hygienist 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 the
beneficiary thereof, to a 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 or dental hygienist who holds a special
volunteer dentist or dental hygienist license.
§30-4-16. Dental corporations.
_____(a) Dental corporations are continued.
_____(b) One or more dentists may organize and become a shareholder
or shareholders of a dental corporation domiciled within this state
under the terms and conditions and subject to the limitations and
restrictions specified by rule.
_____(c) A corporation may not practice dentistry, or any of its
branches, or hold itself out as being capable of doing so without
a certificate of authorization from the board.
_____(d) When the Secretary of State receives a certificate of
authorization to act as a dental corporation from the board, he or
she shall attach the authorization to the corporation application
and, upon compliance with the applicable provisions of chapter
thirty-one of this code, the Secretary of State shall issue to the
incorporators a certificate of incorporation for the dental
corporation.
_____(e) A corporation holding a certificate of authorization shall
renew annually, on or before June 30, on a form prescribed by the
board and pay an annual fee in an amount specified by rule.
_____(f) A dental corporation may practice dentistry only through
an individual dentist or dentists licensed to practice dentistry in
this state, but the dentist or dentists may be employees rather
than shareholders of the corporation.
_____(g) A dental corporation holding a certificate of
authorization shall cease to engage in the practice of dentistry
upon being notified by the board that any of its shareholders is no
longer a licensed dentist or when any shares of the corporation
have been sold or disposed of to a person who is not a licensed
dentist: Provided, That the personal representative of a deceased
shareholder has a period, not to exceed twenty-four months from the date of the shareholder's death, to dispose of the shares; but
nothing contained herein may be construed as affecting the
existence of the corporation or its right to continue to operate
for all lawful purposes other than the practice of dentistry.
§30-4-17. Reinstatement.
_____(a) A licensee 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.
_____(b) A licensee who does not complete annual renewal, as
specified by the board by rule, and whose licensed has lapsed for
one year or longer, shall make application for reinstatement as
specified by the board by rule.
_____(c) The board, at its discretion and for cause, may require an
applicant for reinstatement to undergo a physical and/or mental
evaluation to determine a licensee is competent to practice or if
the licensee is impaired by drugs or alcohol.
§30-4-18. Actions to enjoin violations.
_____(a) If the board obtains information that a person has engaged
in, is engaging in or is about to engage in an act which
constitutes or will constitute a violation of the provisions of
this article, the rules promulgated pursuant to this article, or a
final order or decision of the board, it may issue a notice to the person to cease and desist in engaging in the act and/or apply to
the circuit court in the county of the alleged violation for an
order enjoining the act.
_____(b) The circuit court may issue a temporary injunction pending
a decision on the merits, and may issue a permanent injunction
based on its findings in the case.
_____(c) The judgment of the circuit court on an application
permitted by the provisions of this section is final unless
reversed, vacated or modified on appeal to the West Virginia
Supreme Court of Appeals.
§30-4-19. Complaints; investigations; due process procedure;
__grounds for disciplinary action.
_____(a) The board may initiate a complaint upon receipt of
credible information, and shall upon the receipt of a written
complaint of a person, cause an investigation to be made to
determine whether grounds exist for disciplinary action under this
article or the legislative rules promulgated pursuant to this
article.
_____(b) After reviewing the information obtained through an
investigation, the board shall determine if probable cause exists
that the licensee, certificate holder or permittee has violated
subsection (g) of this section or rules promulgated pursuant to
this article.
_____(c) Upon a finding of probable cause to go forward with a complaint, the board shall provide a copy of the complaint to the
licensee, certificate holder or permittee.
_____(d) Upon a finding that probable cause exists that the
licensee, certificate holder or permittee has violated subsection
(g) of this section or rules promulgated pursuant to this article,
the board may enter into a consent decree or hold a hearing for
disciplinary action against the licensee, certificate holder or
permittee. A hearing shall be held in accordance with the
provisions of this article, and shall require a violation to be
proven by a preponderance of the evidence.
_____(e) A member of the complaint committee, president, secretary
or the executive director of the board may issue subpoenas and
subpoenas duces tecum to obtain testimony and documents to aid in
the investigation of allegations against a person regulated by the
article.
_____(f) A member of the board or its executive director may sign
a consent decree or other legal document on behalf of the board.
_____(g) The board may, after notice and opportunity for hearing,
deny or refuse to renew, suspend, restrict or revoke the license,
certificate or permit of, or impose probationary conditions upon or
take disciplinary action against, a licensee, certificate holder or
permittee for any of the following reasons:
_____(1) Obtaining a board authorization by fraud,
misrepresentation or concealment of material facts;
_____(2) Being convicted of a felony or other crime involving
drugs, violent crime, or moral turpitude, or engaging in an act
involving moral turpitude or gross immorality;
_____(3) Being guilty of unprofessional conduct which placed the
public at risk, as defined by legislative rule of the board;
_____(4) Intentional violation of a lawful order or legislative
rule of the board;
_____(5) Having had a board authorization revoked or suspended,
other disciplinary action taken, or an application for a board
authorization denied by the proper authorities of another
jurisdiction;
_____(6) Aiding or abetting unlicensed practice;
_____(7) Engaging in an act while acting in a professional capacity
which has endangered or is likely to endanger the health, welfare
or safety of the public;
_____(8) Incapacity that prevents a licensee from engaging in the
practice of dentistry or dental hygiene, with reasonable skill,
competence, and safety to the public;
_____(9) Committing fraud in connection with the practice of
dentistry or dental hygiene;
_____(10) Failure to report to the board one's surrender of a
license or authorization to practice dentistry or dental hygiene in
another jurisdiction while under disciplinary investigation by any
of those authorities or bodies for conduct that would constitute grounds for action as defined in this section;
_____(11) Failure to report to the board an adverse judgment,
settlement, or award arising from a malpractice claim related to
conduct that would constitute grounds for action as defined in this
section;
_____(12) Being guilty of unprofessional conduct as contained in
the American Dental Association principles of ethics and code of
professional conduct. The following acts are conclusively presumed
to be unprofessional conduct:
_____(A) Being guilty of fraud or deception;
_____(B) Committing a criminal operation or being convicted of a
crime involving moral turpitude;
_____(C) Abusing alcohol or drugs;
_____(D) Violating a professional confidence or disclosing a
professional secret;
_____(E) Being grossly immoral;
_____(F) Harassing, abusing, intimidating, insulting, degrading or
humiliating a patient physically, verbally or through another form
of communication;
_____(G) Obtaining a fee by fraud or misrepresentation;
_____(H) Employing directly or indirectly, or directing or
permitting a 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 a 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 a person,
firm or corporation holding himself or herself, themselves or
itself out in a manner contrary to this article;
_____(K) Making use of advertising relating to the use of a drug or
medicine of unknown formula;
_____(L) Advertising to practice dentistry or perform an operation
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 a 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 a 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.
_____(15) Knowing or suspecting that a licensee is incapable of
engaging in the practice of dentistry or dental hygiene, with
reasonable skill, competence, and safety to the public, and failing
to report relevant information to the board;
_____(16) Illegal use or disclosure of protected health
information;
_____(17) Engaging in conduct that subverts or attempts to subvert
a licensing examination or the administration of a licensing
examination;
_____(18) Failure to furnish to the board or its representatives
information legally requested by the board, or failure to cooperate
with or engaging in any conduct which obstructs an investigation
being conducted by the board;
_____(19) 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;
_____(20) Failing to report to the board within 72 hours of
becoming aware thereof a life threatening occurrence, serious
injury or death of a patient resulting from dental treatment or
complications following a dental procedure;
_____(21) Failing to report to the board a Driving Under the
Influence and/or Driving While Intoxicated offense; or
_____(22) Violation of the terms or conditions of any order entered
in a disciplinary action.
_____(h) For the purposes of subsection (g) of this section,
effective July 1, 2013, disciplinary action may include:
_____(1) Reprimand;
_____(2) Probation;
_____(3) Restrictions;
_____(4) Suspension;
_____(5) Revocation;
_____(6) Administrative fine, not to exceed $1,000 per day per
violation;
_____(7) Mandatory attendance at continuing education seminars or other training;
_____(8) Practicing under supervision or other restriction; or
_____(9) Requiring the licensee or permittee to report to the board
for periodic interviews for a specified period of time.
_____(i) In addition to any other sanction imposed, the board may
require a licensee or permittee to pay the costs of the proceeding.
_____(j) Nothing herein bars criminal prosecutions for violations
of this article.
_____(k) A person authorized to practice under this article, who
reports or otherwise provides evidence of the negligence,
impairment or incompetence of another member of this profession to
the board or to a peer review organization, is not liable to any
person for making the report if the report is made without actual
malice and in the reasonable belief that the report is warranted by
the facts known to him or her at the time.
§30-4-20. Procedures for hearing; right of appeal.
_____(a) Hearings are governed by the provisions of section eight,
article one of this chapter.
_____(b) The board may conduct the hearing or elect to have an
administrative law judge conduct the hearing.
_____(c) If the hearing is conducted by an administrative law
judge, at the conclusion of a hearing he or she shall prepare a
proposed written order containing findings of fact and conclusions
of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or
modify the decision of the administrative law judge.
_____(d) A member or the executive director of the board has the
authority to administer oaths and to examine any person under oath.
_____(e) If, after a hearing, the board determines the licensee,
certificate holder or permittee has violated provisions of this
article or the board's rules, a formal written decision shall be
prepared which contains findings of fact, conclusions of law and a
specific description of the disciplinary actions imposed.
§30-4-21. Judicial review.
_____A person adversely affected by a decision of the board denying
an application or 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 the ruling
resulting from judicial review in accordance with article six,
chapter twenty-nine-a of this code.
§30-4-22. Criminal proceedings; penalties.
_____(a) When, as a result of an investigation under this article
or otherwise, the board has reason to believe that a person
authorized under this article has committed a criminal offense
under this article, the board may bring its information to the
attention of an appropriate law-enforcement official.
_____(b) A person who intentionally practices, or holds himself or
herself out as qualified to practice dentistry or dental hygiene, or uses any title, word or abbreviation to indicate to or induce
others to believe he or she is licensed to practice as a dentist or
dental hygienist without obtaining an active, valid license to
practice that profession or with a license that is:
_____(1) Expired, suspended or lapsed; or
_____(2) Inactive, revoked, suspended as a result of disciplinary
action, or surrendered, is guilty of a felony and, upon conviction
thereof, may not be fined more than $10,000 or imprisoned in a
state correctional facility for not less than one year nor more
than five years, or both fined and imprisoned.
§30-4-23. Single act evidence of practice.
_____In an action brought under this article, article four-a or
article four-b any proceeding initiated under 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.
§30-4-24. Inapplicability of article.
_____The provisions of this article do not apply to:
_____(1) A licensed physician or surgeon in the practice of his or
her profession when rendering dental relief in emergency cases,
unless he or she undertakes to reproduce or reproduces lost parts
of the human teeth or to restore or replace lost or missing teeth
in the human mouth;
_____(2) A dental laboratory in the performance of dental
laboratory services, while the dental laboratory, in the
performance of the work, conforms in all respects to the
requirements of article four-b and further does not apply to
persons performing dental laboratory services under the direct
supervision of a licensed dentist or under the direct supervision
of a person authorized under this article to perform any of the
acts in this article defined to constitute the practice of
dentistry while the work is performed in connection with, and as a
part of, the dental practice of the licensed dentist or other
authorized person and for his or her dental patients;
_____(3) A student enrolled in and regularly attending a dental
college recognized by the board, provided their acts are done in
the dental college and under the direct and personal supervision of
their instructor;
_____(4) A student enrolled in and regularly attending a dental
college recognized by the board may practice dentistry in a public
health setting, provided their acts are done under the direct
supervision of their instructor, adjunct instructor or a dentist;
_____(5) An authorized dentist of another state temporarily
operating a clinic under the auspices of an organized and reputable
dental college or reputable dental society, or to one lecturing
before a reputable society composed exclusively of dentists; or
_____(6) A dentists whose practice is confined exclusively to the service of the United States Army, the United States Navy, the
United States Air Force, The United States Coast Guard, the United
States Public Health Service, the United States Veteran's Bureau or
other authorized United States government agency or bureau.
ARTICLE 4A. ADMINISTRATION OF ANESTHESIA BY DENTISTS.
§30-4A-1. Requirement for anesthesia permit.
_____(a) A dentist may not induce central nervous system anesthesia
without first having obtained an anesthesia permit for the level of
anesthesia being induced.
_____(b) The applicant for an anesthesia permit shall pay the
appropriate permit fees and renewal fees, submit a completed
board-approved application and consent to an office evaluation.
_____(c) Permits shall be issued to coincide with the annual
renewal dates.
_____(d) Permit holders shall report the names and qualifications
of each qualified monitor. Qualified monitors shall apply for
certification and pay the appropriate application fees and renewal
fees. Qualified monitors are required to renew annually by June
30th. Qualified monitor requirements for each level of sedation
are as specified by rule.
_____(e) A dentist shall hold a class permit equivalent to or
exceeding the anesthesia level being provided, unless the provider
of anesthesia is a physician anesthesiologist or licensed dentist
who holds a current anesthesia permit issued by the board.
§30-4A-2. Presumption of Degree of Central Nervous System
Depression.
_____(1) In a hearing where a question exists as to the degree of
central nervous system depression a permittee has induced, the
board may base its findings on, among other things, the types,
dosages and routes of administration of drugs administered to the
patient and what result can reasonably be expected from those drugs
in those dosages and routes administered in a patient of that
physical and psychological status.
_____(2) A permittee may not have more than one person under
conscious sedation/moderate sedation and/or general anesthesia/deep
conscious sedation at the same time, exclusive of recovery.
§30-4A-3. Classes of anesthesia permits.
_____(a) The board shall issue the following permits:
_____(1) Class 2 Permit: A Class 2 Permit authorizes a dentist to
induce anxiolysis/minimal sedation.
_____(2) Class 3 Permit: A Class 3 Permit authorizes a dentist to
induce conscious sedation/moderate sedation as limited enteral (3a)
and/or comprehensive parenteral (3b), and anxiolysis/minimal
sedation.
_____(3) Class 4 Permit: A Class 4 Permit authorizes a dentist to
induce general anesthesia/deep conscious sedation, conscious
sedation/moderate sedation, and anxiolysis/minimal sedation.
_____(b) When anesthesia services are provided in a dental office by a MD or DO physician anesthesiologist, dentist anesthesiologist,
or CRNA, the dental office shall be inspected and approved for a
Class 4 permit, and the dentist shall have a minimum of a Class 2
permit. If anesthesia services are provided by a CRNA, the dental
facility shall be inspected and approved for a Class 4 permit and
the supervising dentist shall have the same level of permit for the
level of anesthesia provided by the CRNA.
§30-4A-4. Qualifications, standards, and continuing education
requirements for relative analgesia/minimal sedation
use.
_____(a) The board shall allow administration of relative analgesia
if the practitioner:
_____(1) Is a licensed dentist in this state;
_____(2) Holds valid and current documentation showing successful
completion of a Health Care Provider BLS/CPR course; and
_____(3) Has completed a training course of instruction in dental
school, continuing education or as a postgraduate in the
administration of relative analgesia.
_____(b) A practitioner who administers relative analgesia shall
have the following facilities, equipment and drugs available during
the procedure and during recovery:
_____(1) An operating room large enough to adequately accommodate
the patient on an operating table or in an operating chair and to
allow delivery of age appropriate care in an emergency situation;
_____(2) An operating table or chair which permits the patient to
be positioned so that the patient's airway can be maintained,
quickly alter the patient's position in an emergency, and provide
a firm platform for the administration of basic life support;
_____(3) A lighting system which permits evaluation of the
patient's skin and mucosal color and a backup lighting system of
sufficient intensity to permit completion of any operation underway
in the event of a general power failure;
_____(4) Suction equipment which permits aspiration of the oral and
pharyngeal cavities;
_____(5) An oxygen delivery system with adequate age appropriate
full face masks and appropriate connectors that is capable of
delivering high flow oxygen to the patient under positive pressure,
together with an adequate backup system;
_____(6) A nitrous oxide delivery system with a fail-safe mechanism
that shall insure appropriate continuous oxygen delivery and a
scavenger system; and
_____(7) A defibrillator device.
_____All equipment used shall be appropriate for the height and
weight and age of the patient.
_____(c) Before inducing relative analgesia/minimal sedation by
means of nitrous oxide or a single pre-med agent, a practitioner
shall:
_____(1) Evaluate the patient;
_____(2) Give instruction to the patient or, when appropriate due
to age or psychological status of the patient, the patient's
guardian; and
_____(3) Certify that the patient is an appropriate candidate for
relative analgesia/minimal sedation.
_____(d) A practitioner who administers relative analgesia/minimal
sedation shall see that the patient's condition is visually
monitored. At all times, the patient shall be observed by a
qualified monitor until discharge criteria have been met. The
documented requirements of a qualified monitor monitoring relative
analgesia/minimal sedation cases are as specified by rule.
_____(e) A qualified monitor's record shall include documentation
of all medications administered with dosages, time intervals and
route of administration including local anesthesia.
_____(f) A discharge entry shall be made in the patient's record
indicating the patient's condition upon discharge.
_____(g) A qualified monitor shall hold valid and current
documentation:
_____(1) Showing successful completion of a Health Care Provider
BLS/CPR course; and
_____(2) Have received training and be competent in the recognition
and treatment of medical emergencies, monitoring vital signs, the
operation of nitrous oxide delivery systems and the use of the
sphygmomanometer and stethoscope.
_____(h) The practitioner shall assess the patient's responsiveness
using preoperative values as normal guidelines and discharge the
patient only when the following criteria are met:
_____(1) The patient is alert and oriented to person, place and
time as appropriate to age and preoperative neurological status;
_____(2) The patient can talk and respond coherently to verbal
questioning or to preoperative neurological status;
_____(3) The patient can sit up unaided or without assistance or to
preoperative neurological status;
_____(4) The patient can ambulate with minimal assistance or to
preoperative neurological status; and
_____(5) The patient does not have uncontrollable nausea, vomiting
or dizziness.
§30-4A-5. Qualifications, standards, and continuing education
requirements for a Class 2 Permit.
_____(a) The board shall issue a Class 2 Permit to an applicant
who:
_____(1) Is a licensed dentist in West Virginia;
_____(2) Holds valid and current documentation showing successful
completion of a Health Care Provider BLS/CPR; and
_____(3) Has completed a board approved course of at least six
hours didactic and clinical of either predoctoral dental school or
postgraduate instruction.
_____(b) A dentist who induces relative analgesia/minimal sedation and anxiolysis/minimal sedation shall have the following
facilities, properly maintained equipment and appropriate drugs
available during the procedures and during recovery:
_____(1) An operating room large enough to adequately accommodate
the patient on an operating table or in an operating chair and to
allow an operating team of at least two individuals to freely move
about the patient;
_____(2) An operating table or chair which permits the patient to
be positioned so the operating team can maintain the patient's
airway, quickly alter the patient's position in an emergency, and
provide a firm platform for the administration of basic life
support;
_____(3) A lighting system which permits evaluation of the
patient's skin and mucosal color and a backup lighting system of
sufficient intensity to permit completion of an operation underway
in the event of a general power failure;
_____(4) Suction equipment which permits aspiration of the oral and
pharyngeal cavities;
_____(5) An oxygen delivery system with adequate age appropriate
full face mask and appropriate connectors that is capable of
delivering high flow oxygen to the patient under positive pressure,
together with an adequate backup system;
_____(6) A nitrous oxide delivery system with a fail-safe mechanism
that insures appropriate continuous oxygen delivery and a scavenger system;
_____(7) A recovery area that has available oxygen, adequate
lighting, suction and electrical outlets. The recovery area may be
the operating room;
_____(8) Sphygmomanometer, stethoscope, and pulse oximeter;
_____(9) Emergency drugs as specified by rule;
_____(10) A defibrillator device; and
_____(11) All equipment and medication dosages shall be in
accordance with the height and weight and age of the patient being
treated.
_____(c) Before inducing anxiolysis, a dentist shall:
_____(1) Evaluate the patient and certify by using the ASA Patient
Physical Status Classification of the ASA that the patient is an
appropriate candidate for anxiolysis sedation; and
_____(2) Obtain written informed consent from the patient or
patient's guardian for the anesthesia. The obtaining of the
informed consent shall be documented in the patient's record.
_____(d) The dentist shall monitor and record the patient's
condition or shall use a qualified monitor to monitor and record
the patient's condition. The documented requirements of a
qualified monitor monitoring anxiolysis sedation cases are as
specified by rule. A Class 2 Permit holder may have no more than
one person under anxiolysis at the same time.
_____(e) The patient shall be monitored as follows:
_____(1) Patients shall have continuous monitoring using pulse
oximetry. The patient's blood pressure, heart rate and respiration
shall be recorded at least once before, during and after the
procedure, and these recordings shall be documented in the patient
record. At all times, the patient shall be observed by a qualified
monitor until discharge criteria have been met. If the dentist is
unable to obtain this information, the reasons shall be documented
in the patient's record. The record shall also include
documentation of all medications administered with dosages, time
intervals and route of administration including local anesthesia.
_____(2) A discharge entry shall be made by the dentist in the
patient's record indicating the patient's condition upon discharge.
_____(f) A permit holder who uses anxiolysis shall see that the
patient's condition is visually monitored. The patient shall be
monitored as to response to verbal stimulation, oral mucosal color
and preoperative and postoperative vital signs.
_____(g) The dentist shall assess the patient's responsiveness
using preoperative values as normal guidelines and discharge the
patient only when the following criteria are met:
_____(1) Vital signs including blood pressure, pulse rate and
respiratory rate are stable;
_____(2) The patient is alert and oriented to person, place and
time as appropriate to age and preoperative neurological status;
_____(3) The patient can talk and respond coherently to verbal questioning, or to preoperative neurological status;
_____(4) The patient can sit up unaided, or to preoperative
neurological status;
_____(5) The patient can ambulate with minimal assistance, or to
preoperative neurological status; and
_____(6) The patient does not have uncontrollable nausea or
vomiting and has minimal dizziness.
_____(h) A dentist may not release a patient who has undergone
anxiolysis/minimal sedation except to the care of a responsible
adult third party.
§30-4A-6. Qualifications, standards, and continuing education
requirements for Class 3 Anesthesia Permit.
_____(a) The board shall issue or renew a Class 3 Permit to an
applicant who:
_____(1) Is a licensed dentist in West Virginia;
_____(2) Holds valid and current documentation showing successful
completion of a Health Care Provider BLS/CPR course, ACLS and/or a
PALS course if treating pediatric patients; and
_____(3) Satisfies one of the following criteria:
_____(A) Certificate of completion of a comprehensive training
program in conscious sedation that satisfies the requirements
described in the ADA Guidelines for Teaching Pain Control and
Sedation to Dentists and Dental Students and the ADA Guidelines for
the Use of Sedation and General Anesthesia by Dentists at the time training was commenced.
_____(B) Certificate of completion of an ADA accredited
postdoctoral training program which affords comprehensive and
appropriate training necessary to administer and manage conscious
sedation, commensurate with these guidelines.
_____(C) In lieu of these requirements, the board may accept
documented evidence of equivalent training or experience in
conscious sedation anesthesia for Limited Enteral Permit as Class
3a or comprehensive Parenteral Permit as Class 3b as specified by
rule.
_____(b) A dentist who induces conscious sedation shall have the
following facilities, properly maintained age appropriate equipment
and age appropriate medications available during the procedures and
during recovery:
_____(1) An operating room large enough to adequately accommodate
the patient on an operating table or in an operating chair and to
allow an operating team of at least two individuals to freely move
about the patient;
_____(2) An operating table or chair which permits the patient to
be positioned so the operating team can maintain the patient's
airway, quickly alter the patient's position in an emergency, and
provide a firm platform for the administration of basic life
support;
_____(3) A lighting system which permits evaluation of the patient's skin and mucosal color and a backup lighting system of
sufficient intensity to permit completion of an operation underway
in the event of a general power failure;
_____(4) Suction equipment which permits aspiration of the oral and
pharyngeal cavities and a backup suction device which functions in
the event of a general power failure;
_____(5) An oxygen delivery system with adequate age appropriate
full face mask and appropriate connectors that is capable of
delivering high flow oxygen to the patient under positive pressure,
together with an adequate backup system;
_____(6) A nitrous oxide delivery system with a fail-safe mechanism
that shall insure appropriate continuous oxygen delivery and a
scavenger system;
_____(7) A recovery area that has available oxygen, adequate
lighting, suction and electrical outlets. The recovery area can be
the operating room;
_____(8) Sphygmomanometer, pulse oximeter, oral and nasopharyngeal
airways, intravenous fluid administration equipment and/or
equipment required for the standard of care or as specified by
rule;
_____(9) Emergency drugs as specified by rule; and
_____(10) A defibrillator device.
_____(c) Before inducing conscious sedation, a dentist shall:
_____(1) Evaluate the patient and document, using the ASA Patient Physical Status Classifications, that the patient is an appropriate
candidate for conscious sedation;
_____(2) Give written preoperative and postoperative instructions
to the patient or, when appropriate due to age or neurological
status of the patient, the patient's guardian; and
_____(3) Obtain written informed consent from the patient or
patient's guardian for the anesthesia.
_____(d) The dentist shall ensure that the patient's condition is
monitored and recorded on a contemporaneous record. The dentist
shall use a Qualified Monitor to monitor and record the patient's
condition in addition to the chair side dental assistant. A
Qualified Monitor shall be present to monitor the patient at all
times.
_____(e) The patient shall be monitored as follows:
_____(1) Patients shall have continuous monitoring using pulse
oximetry and/or equipment required for the standard of care or as
specified by rule by a Qualified Monitor until discharge criteria
have been met. The documented requirements of a Qualified Monitor
monitoring limited enteral or comprehensive parenteral sedations
cases are as specified by rule. The patient's blood pressure,
heart rate, and respiration shall be recorded every five minutes,
and these recordings shall be documented in the patient record. The
record shall also include documentation of preoperative and
postoperative vital signs, all medications administered with dosages, time intervals and route of administration including local
anesthesia. If the dentist is unable to obtain this information,
the reasons shall be documented in the patient's record.
_____(2) During the recovery phase, the patient shall be monitored
by a qualified monitor.
_____(3) A discharge entry shall be made by the dentist in the
patient's record indicating the patient's condition upon discharge
and the name of the responsible party to whom the patient was
discharged.
_____(f) A dentist may not release a patient who has undergone
conscious sedation/moderate sedation except to the care of a
responsible adult third party.
_____(g) When discharging a pediatric patient the dentist shall
follow the current edition of AAPD Guidelines for Monitoring and
Management of Pediatric Patients During and After Sedation for
Diagnostic and Therapeutic Procedures.
_____(h) The dentist shall assess the patient's responsiveness
using preoperative values as normal guidelines and discharge the
patient only when the following criteria are met:
_____(1) Vital signs including blood pressure, pulse rate and
respiratory rate are stable;
_____(2) The patient is alert and oriented to person, place and
time as appropriate to age and preoperative neurological status;
_____(3) The patient can talk and respond coherently to verbal questioning, or to preoperative neurological status;
_____(4) The patient can sit up unaided, or to preoperative
neurological status;
_____(5) The patient can ambulate with minimal assistance, or to
preoperative neurological status; and
_____(6) The patient does not have uncontrollable nausea or
vomiting and has minimal dizziness.
_____(i) A dentist who induces conscious sedation shall employ the
services of a Qualified Monitor and a chair side dental assistant
at all times who each shall hold a valid BLS/CPR certification and
maintains certification as specified by rule.
§30-4A-7. Qualifications, standards, and continuing education
requirements for Class 4 Anesthesia Permit.
_____(a) A Class 4 Permit permits the use of general
anesthesia/deep conscious sedation, conscious sedation/moderate
sedation, and anxiolysis/minimal sedation.
_____(b) The board shall issue or renew a Class 4 Permit to an
applicant who:
_____(1) Is a licensed dentist in West Virginia;
_____(2) Holds a valid and current documentation showing successful
completion of a Healthcare Provider BLS/CPR course, Advanced
Cardiac Life Support (ACLS) and/or Pediatric Advanced Life Support
(PALS) course if treating pediatric patients;
_____(3) Satisfies one of the following criteria:
_____(A) Completion of an advanced training program in anesthesia
and related subjects beyond the undergraduate dental curriculum
that satisfies the requirements described in the ADA Guidelines for
Teaching Pain Control and Sedation to Dentists and Dental Students
and the ADA Guidelines for the Use of Sedation and General
Anesthesia by Dentists at the time training was commenced;
_____(B) Completion of an ADA or AMA accredited postdoctoral
training program which affords comprehensive and appropriate
training necessary to administer and manage general anesthesia,
commensurate with these guidelines;
_____(C) In lieu of these requirements, the board may accept
documented evidence of equivalent training or experience in general
anesthesia/deep conscious sedation.
_____(c) A dentist who induces general anesthesia/deep conscious
sedation shall have the following facilities, properly maintained
age appropriate equipment and age appropriate drugs available
during the procedure and during recovery:
_____(1) An operating room large enough to adequately accommodate
the patient on an operating table or in an operating chair and to
allow an operating team of at least three individuals to freely
move about the patient;
_____(2) An operating table or chair which permits the patient to
be positioned so the operating team can maintain the patient's
airway, quickly alter the patient's position in an emergency, and provide a firm platform for the administration of basic life
support;
_____(3) A lighting system which permits evaluation of the
patient's skin and mucosal color and a backup lighting system of
sufficient intensity to permit completion of an operation underway
in the event of a general power failure;
_____(4) Suction equipment which permits aspiration of the oral and
pharyngeal cavities and a backup suction device which shall
function in the event of a general power failure;
_____(5) An oxygen delivery system with adequate age appropriate
full face mask and appropriate connectors that is capable of
delivering high flow oxygen to the patient under positive pressure,
together with an adequate backup system;
_____(6) A nitrous oxide delivery system with a fail-safe mechanism
that shall insure appropriate continuous oxygen delivery and a
scavenger system;
_____(7) A recovery area that has available oxygen, adequate
lighting, suction and electrical outlets. The recovery area may be
the operating room;
_____(8) Equipment as specified by rule;
_____(9) Emergency drugs as specified by rule
_____(10) A defibrillator device.
_____(d) Before inducing general anesthesia/deep conscious sedation
the dentist shall:
_____(1) Evaluate the patient and document, using the ASA Patient
Physical Status Classifications, that the patient is an appropriate
candidate for general anesthesia or deep conscious sedation;
_____(2) Shall give written preoperative and postoperative
instructions to the patient or, when appropriate due to age or
neurological status of the patient, the patient's guardian; and
_____(3) Shall obtain written informed consent from the patient or
patient's guardian for the anesthesia.
_____(e) A dentist who induces general anesthesia/deep conscious
sedation shall ensure that the patient's condition is monitored and
recorded on a contemporaneous record. The dentist shall use a
Qualified Monitor to monitor and record the patient's condition on
a contemporaneous record and a chair side dental assistant. The
documented requirements of a Qualified Monitor monitoring general
anesthesia/deep conscious sedation cases are as specified by rule.
No permit holder may have more than one patient under general
anesthesia at the same time.
_____(f) The patient shall be monitored as follows:
_____(1) Patients shall have continuous monitoring using pulse
oximetry and/or equipment required for the standard of care or as
specified by rule by a Qualified Monitor until discharge criteria
have been met. The patient's blood pressure, heart rate and oxygen
saturation shall be assessed every five minutes, and shall be
contemporaneously documented in the patient record. The record shall also include documentation of preoperative and postoperative
vital signs, all medications administered with dosages, time
intervals and route of administration including local anesthesia.
The person administering the anesthesia may not leave the patient
while the patient is under general anesthesia;
_____(2) During the recovery phase, the patient shall be monitored,
including the use of pulse oximetry, by a Qualified Monitor; and
_____(3) A dentist may not release a patient who has undergone
general anesthesia/deep conscious sedation except to the care of a
responsible adult third party.
_____(4) When discharging a pediatric patient the dentist shall
follow the current edition of AAPD Guidelines for the Monitoring
and Management of Pediatric Patients During and After Sedation for
Diagnostic and Therapeutic Procedures.
_____(g) The dentist shall assess the patient's responsiveness
using preoperative values as normal guidelines and discharge the
patient only when the following criteria are met:
_____(1) Vital signs including blood pressure, pulse rate and
respiratory rate are stable;
_____(2) The patient is alert and oriented to person, place and
time as appropriate to age and preoperative neurological status;
_____(3) The patient can talk and respond coherently to verbal
questioning, or to preoperative neurological status;
_____(4) The patient can sit up unaided, or to preoperative neurological status;
_____(5) The patient can ambulate with minimal assistance, or to
preoperative neurological status; and
_____(6) The patient does not have uncontrollable nausea or
vomiting and has minimal dizziness.
_____(7) A discharge entry shall be made in the patient's record by
the dentist indicating the patient's condition upon discharge and
the name of the responsible party to whom the patient was
discharged.
_____(h) A dentist who induces general anesthesia shall employ the
services of a qualified monitor and a chair side dental assistant
at all times, who each shall hold a valid BLS/CPR certification and
maintain certification as specified by rule.
§30-4A-8. Board to review, inspect and reinspect dentists for
issuance of permits.
_____(A) By applying to the board for an anesthesia permit, a
dentist consents and authorizes the board to review his or her
credentials, inspect or reinspect his or her facilities, and
investigate an alleged anesthesia mortalities, misadventure, or
other adverse occurrences. The board shall conduct an in-office
review or on-site inspection of a dentist applying for or holding
a permit to administer anesthesia.
_____Prior to issuing a permit, the board shall conduct an on-site
inspection of facility, equipment, and auxiliary personnel of the applicant to determine if, in fact, all the requirements for the
permit have been met. This inspection or evaluation, if required,
shall be carried out by at least two members of the subcommittee.
This evaluation is to be carried out in a manner following the
principles, but not necessarily the procedures, set forth by the
current edition of the AAOMS Office Anesthesia Evaluation Manual.
On-site inspections are required and shall be performed for all
Class 3a, 3b and 4 permitees. The board may reinspect annually, at
its discretion, but shall perform an on-site inspection for all
permit holders at least once every five years except Class 2 permit
holders. The board reserves the right to conduct an on-site
inspection whenever it deems necessary for all permit holders. All
on-site inspections shall be held during regular business hours.
_____(B) Cancellation or failure to appear or present for a
scheduled evaluation by a permit holder, for an unexplained or
unexcusable reason, shall be assessed a penalty fee two times the
permit holders normal annual renewal fee. The penalty fee shall be
separate from the annual renewal fees.
§30-4A-9. Office evaluations.
_____(a) The in-office evaluation shall include:
_____(1) Observation of one or more cases of anesthesia to
determine the appropriateness of technique and adequacy of patient
evaluation and care;
_____(2) Inspection of facilities, which shall include but not be limited to, the inspection of equipment, drugs and patient records
and qualified monitor's certifications and documentation; and
_____(3) The evaluation shall be performed by a team appointed by
the board and shall include a member of the subcommittee who holds
a current anesthesia permit in the same class or in a higher class
than that held by the permit holder being evaluated.
_____(4) Class 2 permit holders may be audited periodically as
determined by the committee; and
_____(5) Class 3 and 4 permit holders shall be evaluated once every
five years.
_____(b) A dentist using a licensed dentist who holds a current
anesthesia permit issued by the board shall have his or her office
inspected to the level of a class 4 permit as specified by section
ten of this article. The office is only approved at that level when
the anesthesia permit holder is present and shall have the number
of qualified monitors present as required by this article.
_____(c) In addition to the requirements of this article a treating
dentist who applies for a certificate to allow a CRNA to administer
anesthesia and sedation to a patient, shall maintain a permit as
follows:
_____(1) A treating dentist, who allows a CRNA to administer
limited enteral sedation to a patient, shall maintain a Class 3a
permit for themselves and the administration site shall be
inspected to a Class 4 permit level;
_____(2) A treating dentist, who allows a CRNA to administer
comprehensive parenteral sedation to a patient, shall maintain a
Class 3b permit for themselves and the administration site shall be
inspected to a Class 4 permit level; and
_____(3) A treating dentist, who allows a CRNA to administer
general anesthesia/deep conscious sedation to a patient, shall
maintain a Class 4 permit for themselves and the administration
site shall be inspected to a Class 4 permit level.
§30-4A-10. Reporting of Death, Serious Complications or Injury.
_____If a death, serious complication or injury occurs which may
have resulted from the administration of general anesthesia/deep
conscious sedation, conscious sedation/moderate sedation,
anxiolysis/minimal sedation, or relative analgesia/minimal
sedation, the licensee performing the dental procedure shall submit
a written detailed report to the board within seventy-two hours of
the incident along with copies of the patient's original complete
dental records. If the anesthetic agent was administered by a
person other than the person performing the dental procedure, that
person shall also submit a detailed written report. The detailed
report(s) shall include:
_____(1) Name, age and address of patient;
_____(2) Name of the licensee and other persons present during the
incident along with their names and addresses;
_____(3) Address where the incident took place;
_____(4) Type of anesthesia and dosages of drugs administered to
the patient including local anesthesia;
_____(5) A narrative description of the incident including
approximate times and evolution of symptoms; and
_____(6) The anesthesia record and the signed informed consent form
for the anesthesia.
§30-4A-11. Immunity from liability.
_____(a) Notwithstanding any other provision of law, a person
providing information to the board or to the subcommittee may not
be held, by reason of having provided the information, to be
civilly liable under any law unless the information was false and
the person providing information knew or had reason to believe the
information was false.
_____(b) A member or employee of the board or the subcommittee may
not be held by reason of the performance by him or her of a duty,
function or activity authorized or required of the board or the
subcommittee to be civilly liable. The foregoing provisions of this
subsection do not apply with respect to an action taken by an
individual if the individual, in taking the action, was motivated
by malice toward any person affected by the action.
§30-4A-12. Facility Inspections.
_____(a) The board shall perform an onsite evaluation of Class 3
and 4 applicants' dental facilities, equipment, techniques, and
personnel prior to issuing a permit. The board may conduct further on-site evaluations.
_____(b) The board may inspect Class 2 applicants' facilities.
§30-4A-13. Issuance of regular annual permits.
_____Upon the recommendation of the subcommittee, the board shall
issue permits to applicable dentists. An anesthesia permit shall be
renewed annually.
§30-4A-14. Waiting period for reapplication or reinspection of
facilities.
_____A dentist whose application has been denied for failure to
satisfy the requirements in the application procedure or the
on-site evaluation shall wait thirty days from the date of the
denial prior to reapplying and shall submit to another on-site
evaluation prior to receiving a permit. The board and the
subcommittee shall promptly reinspect the applicant dentist's
facilities, techniques, equipment, and personnel within ninety days
after the applicant has made reapplication.
§30-4A-15. Application and annual renewal of regular permits;
fees.
_____The board shall require an initial application fee and an
annual renewal fee for Class 2, Class 3 and Class 4 Permits.
Permits expire annually. The board shall renew permits for the use
of anesthesia after the permittee satisfies the application for
renewal.
§30-4A-16. Violations of article; penalties for practicing _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________
anesthesia without a permit.
__Violations of the provisions of this article, whether
intentional or unintentional, may result in the revocation or
suspension of the dentist's permit to administer anesthesia;
multiple or repeated violations or gross infractions, such as
practicing anesthesia without a valid permit may result in
suspension of the dentist's license to practice dentistry for up to
one year as well as other disciplinary measures as deemed
appropriate by the board.
§30-4A-17. Appointment of Subcommittee; credentials review; and
on-site inspections.
_____(a) The board shall appoint a subcommittee to carry out the
review and on-site inspection of a dentist applying for or renewing
a permit under this article.
_____(b) The subcommittee shall make a recommendation for issuing
or revoking a permit under this article.
_____(c) This subcommittee shall be known as the "West Virginia
Board of Dentistry Subcommittee on Anesthesia," The subcommittee
shall, at a minimum, consist of one member of the board who shall
act as chairman of the subcommittee, and two members holding a
Class 4 permit and two members holding a Class 3 permit.
_____(d) The subcommittee shall adopt policies and procedures related to the regulation of general anesthesia/deep conscious
sedation, conscious sedation/moderate sedation, anxiolysis/minimal
sedation, and relative analgesia/minimal sedation with the same
being approved by the board. The subcommittee members shall be paid
and reimbursed expenses pursuant to article one of this chapter.
ARTICLE 4B. DENTAL LABORATORY SERVICES.
§30-4B-1. Unlawful acts.
_____(a) It is unlawful for a person, other than a dentist or other
dental practitioner, to sell, offer for sale or furnish a dental
prosthesis or other dental laboratory service to a person who is
not a dentist or other dental practitioner.
_____(b) It is unlawful for a person to perform dental laboratory
services without a work authorization: Provided, That this
subsection does not apply to a dentist or other dental
practitioner, or to their employees working under their direct
supervision, performing dental laboratory services as a part of
their own dental practice and for their own dental patients.
_____(c) It is unlawful for a dental laboratory to perform a dental
laboratory service without the issuance of a work authorization by
a dentist or other dental practitioner.
_____(d) It is unlawful for a dental laboratory or dentist who
fabricates a full upper or full lower set of prosthetic dentures
not to affix upon the dentures, in a nonremovable manner, the name
of the patient, the initials of the dentist's state of practice and license identification.
_____(e) It is unlawful for a dental laboratory either directly or
indirectly:
_____(1) To advertise that it is engaged in the business of
performing dental laboratory services;
_____(2) To advertise it performs dental laboratory services for
members of the public;
_____(3) To advertise a price for the performance of dental
laboratory services; or
_____(4) To advertise techniques used or materials employed by it
in the performance of dental laboratory services: Provided, That
this subsection does not prevent dental laboratories from
advertising in dental journals or in other professional dental
publications or from communicating directly to a dentist and other
dental practitioner or from listing the dental laboratory in
business and telephone directories if the business and telephone
directory announcements are limited to name, address and telephone
number and do not occupy more than the number of lines necessary to
disclose the information, or from displaying the trade name and
address of the dental laboratory on the door of its place of
business or on name plates or door plates exhibited on the interior
or exterior of the place of business.
§30-4B-2. Work authorization required; contents; retention.
_____(a) A dental laboratory technician may not perform a dental laboratory service without the issuance of a work authorization by
a dentist or other dental practitioner.
_____(b) Each work authorization shall contain:
_____(1) The name and address of the dental laboratory to which it
is directed;
_____(2) The case identification;
_____(3) A specification of the materials to be used;
_____(4) A description of the work to be done and, if necessary,
diagrams thereof;
_____(5) The date of issue; and
_____(6) The signature and address of the dentist or other dental
practitioner issuing the work authorization.
_____(c) A separate work authorization shall be issued for each
patient of the dentist or other dental practitioner for whom a
dental laboratory service is to be performed.
_____(d) Every work authorization shall be made in duplicate with
the original being delivered to the dental laboratory to which it
is directed and the copy being retained in the office of the
issuing dentist or other dental practitioner. A work authorization
shall be saved for a period of two years from its date of issue.
§30-4B-3. Denture identification.
_____A dental laboratory and a dentist who engages in dental
laboratory services and who fabricates a full upper or full lower
set of prosthetic dentures shall affix upon the dentures, in a nonremovable manner, the name of the patient for whom the dentures
are made and the initials of the dentist's state of practice and
license identification number.
§30-4B-4. Review of dental laboratory services.
_____The board may review the dental laboratory services of a
dental laboratory on a random and general basis without a formal
complaint or suspicion of impropriety.
NOTE: The purpose of this bill is to update and revise the
law governing the practice of dentistry.
This article has been completely rewritten; therefore, the
entire article is underscored.
This bill was recommended for introduction and passage during
the Regular Session of the Legislature by the House Committee on
Health.
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