Session of 1998
                   
HOUSE BILL No. 2919
         
By Representative McCreary
         
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            9             AN ACT concerning the Kansas dental board; membership thereon;
10             amending K.S.A. 1997 Supp. 74-1404 and repealing the existing
11             section.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 74-1404 is hereby amended to read as
15       follows: 74-1404. (a) In order to accomplish the purpose and to provide
16       for the enforcement of this act, there is hereby created the Kansas dental
17       board. The board shall be vested with authority to carry out the purposes
18       and enforce the provisions of this act. Prior to January 1, 1999, the board
19       shall consist of the following: (1) Three licensed and qualified resident
20       dentists; (2) one licensed and qualified resident dental hygienist; and (3)
21       one representative of the general public. On January 1, 1999, the Kansas
22       dental board, as such board existed on December 31, 1998, is hereby
23       abolished. On January 1, 1999, there is hereby established a new Kansas
24       dental board which shall consist of 11 members, as follows:
25           (1) Four licensed dentists appointed by the governor, one from each
26       congressional district;
27           (2) four licensed dentists elected by licensed dentists, one from each
28       congressional district, as provided in subsection (e);
29           (3) two licensed dental hygienists appointed by the governor; and
30           (4) one representative of the general public appointed by the gover-
31       nor.
32           (b) At least 30 days before the expiration of   any the term  , other than
33       that of the member appointed from the general public or a member who
34       is a dental hygienist of a licensed dentist appointed by the governor, the
35       Kansas dental association or its successor shall submit to the governor a
36       list of three names of persons of recognized ability who have the quali-
37       fications prescribed for the dentist board   >--bers member. At least 30
38       days before the expiration of the term of   (tri-stars)e a dental hygienist member
39       of the board, the Kansas dental hygiene association shall submit to the
40       governor a list of three names of persons of recognized ability who have
41       the qualifications prescribed for the dental hygienist member. The gov-
42       ernor shall consider such list of persons in making the appointment to
43       the board.

HB 2919

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  1           (c) The members appointed by the governor shall be appointed   by
  2       the governor in the manner   hereinafter prescribed for terms of four years
  3       and until their successors are appointed and qualified. The members
  4       elected to the board shall be elected for terms of four years and until their
  5       successors are elected and qualified. On and after the effective date of this
  6       act, no person shall be elected or appointed for more than two consecutive
  7       four-year terms. No person in any way connected with a dental supply or
  8       dental laboratory business shall be eligible for election or appointment to
  9       the board. No person shall be eligible for election or appointment to the
10       board who has been convicted of a violation of any of the provisions of
11       this or any other prior dental practice act or who has been convicted of
12       a felony. No dentist or dental hygienist shall be appointed to the board
13       and no dentist shall be elected to the board who has not been engaged in
14       the active practice of dentistry or dental hygiene in the state of Kansas
15       for at least five years next preceding appointment or election. Whenever
16       a vacancy occurs in the position of a member appointed to the board, it
17       shall be filled by appointment for the remainder of the unexpired term
18       in the same manner as an original appointment is made. Whenever a
19       vacancy occurs in the position of a member elected to the board, it shall
20       be filled by election as provided by rules and regulations of the board
21       under subsection (e).
22             (b) (d) Upon the expiration of terms of office of members appointed
23       to the board, successors shall be appointed in the same manner as original
24       appointments for terms of four years. Upon the expiration of terms of
25       office of members elected to the board, successors shall be elected for terms
26       of four years as provided by rules and regulations of the board under
27       subsection (e).
28           (e) Within 60 days after the effective date of this act, the Kansas
29       dental board shall adopt rules and regulations providing the requirements
30       and procedures for the election of members of the board by licensed den-
31       tists as provided in subsection (a) and for the filling of any vacancy in-
32       volving such elected member of the board. In establishing the procedures
33       for the election of members of the board, the Kansas dental board shall
34       provide for the election by licensed dentists of one licensed dentist from
35       each congressional district. Elections may be conducted by mail ballot.
36           Sec. 2. K.S.A. 1997 Supp. 74-1404 is hereby repealed.
37           Sec. 3. This act shall take effect and be in force from and after its
38       publication in the statute book.
39      
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