Session of 1999
         
HOUSE BILL No. 2586
         
By SRS Transition Oversight Committee
         
11-19-99
         

  9             AN  ACT relating to the dental practices act; concerning services for in-
10             digent persons; amending K.S.A. 65-1466 1999 Supp. and repealing
11             the existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 65-1466 is hereby amended to read as
15       follows: 65-1466. (a) Notwithstanding any other provision of the dental
16       practices act, a not-for-profit corporation having the status of an organi-
17       zation under 26 United States Code Annotated 501(c)(3) which is also a
18       facility qualified under subsection (b) of K.S.A. 65-431 and amendments
19       thereto to select and employ professional personnel, an indigent health
20       care clinic as defined by the rules and regulations of the secretary of
21       health and environment, a federally qualified health center, or a local
22       health department may employ or otherwise contract with a person li-
23       censed under the dental practices act to provide dental services to dentally
24       indigent persons.
25             (b) Dentally indigent persons are those persons who are: (1) Deter-
26       mined to be a member of a family unit earning at or below 200% of
27       poverty income guidelines based on the annual update of "poverty income
28       guidelines" published in the federal register by the United States de-
29       partment of health and human services and are not indemnified against
30       costs arising from medical and hospital care or dental care by a policy of
31       accident and sickness insurance or an employee health benefits plan; or
32       (2) eligible for medicaid; or (3) qualified for Indian health services. This
33       subsection shall not be construed to prohibit an entity under subsection
34       (a) which enters into an arrangement with a licensee under the dental
35       practices act for purposes of providing services to dentally indigent per-
36       sons pursuant to subsection (a) from defining "dentally indigent persons"
37       more restrictively than such term is defined under this subsection.
38             (c) (b) A licensee under the dental practices act who enters into an
39       arrangement with an entity under subsection (a) to provide dental services
40       pursuant to subsection (a): (1) Shall not be subject to having the licensee's
41       license certificate suspended or revoked by the board solely as a result of
42       such arrangement; and (2) may not permit another person who is not
43       licensed in Kansas as a dentist, and is not otherwise competent, to engage


2

  1       in the clinical practice of dentistry. No entity under subsection (a) or any
  2       other person may direct or interfere or attempt to direct or interfere with
  3       a licensed dentist's professional judgment and competent practice of
  4       dentistry.
  5             (d) (c) A dentist who is classified as "retired" by the Kansas dental
  6       board is not required to pay the annual renewal fee or comply with the
  7       dental continuing education requirements if the dentist elects to provide
  8       dental services to the indigent through one of the entities specified in
  9       subsection (a). A "retired" dentist providing such services shall be re-
10       quired to comply with the annual renewal requirements of the Kansas
11       dental board.
12             (e) The Kansas dental board may adopt rules and regulations as nec-
13       essary to carry out the provisions of this section.
14             (f) (d) This section shall be part of and supplemental to the dental
15       practices act. 
16       Sec.  2. K.S.A. 1999 Supp. 65-1466 is hereby repealed.
17        Sec.  3. This act shall take effect and be in force from and after its
18       publication in the statute book.