An Act concerning the dental practices act; defining ``proprietor''; providing for biennial issuance of licenses; concerning grounds for licensure actions; amending K.S.A. 65-1424, 65-1431, 65-1436, 65-1447 and 74-1404 and repealing the existing sections; also re- pealing K.S.A. 65-1463.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 65-1424 is hereby amended to read as follows: 65- 1424. The term ``proprietor'' as used in this act shall be deemed to include includes any person who:

(a) Employs dentists or dental hygienists in the operation of a dental office; or

(b) places in possession of a dentist or dental hygienists or other agent such dental material or equipment as may be necessary for the manage- ment of a dental office on the basis of a lease or any other agreement for compensation for the use of such material, equipment or offices; or

(c) retains the ownership or control of dental equipment or material or office and makes the same available in any manner for the use by dentists or dental hygienists or other agents: Provided, however, except that nothing in this subsection (c) shall apply to bona fide sales of dental equipment or material secured by a chattel mortgage or retain title agree- ment.

A licensee of dentistry who enters into any of the above described arrangements with an unlicensed proprietor may have his such license certificate suspended or revoked by the board.

The estate or agent for a deceased or substantially disabled dentist may employ dentists, for a period of not more than one year, to provide service to patients until the practice can be sold.

Sec. 2. K.S.A. 65-1431 is hereby amended to read as follows: 65- 1431. (a) On or before the first day of December 1 of each even-numbered year, commencing December 1, 1996, each dentist licensee of the Kansas dental board shall transmit to the secretary of the board a renewal ap- plication, upon a form prescribed by the board, which shall include such licensee's signature, post-office address, office address, the number of the license certificate of such licensee, whether such licensee has been en- gaged during the preceding year licensure period in active and continuous practice, whether within or without this state, and such other information as may be required by the board, together with the annual registration biennial licensure fee for dentists which is fixed by the board pursuant to K.S.A. 65-1447 and amendments thereto.

(b) On or before December 1 of each odd-numbered year, commenc- ing December 1, 1997, each dental hygiene licensee of the Kansas dental board shall transmit to the secretary of the board a renewal application, upon a form prescribed by the board, which shall include such licensee's signature, post office address, the number of the license certificate of such licensee, whether such licensee has been engaged during the preceding licensure period in active and continuous practice whether within or with- out this state, and such other information as may be required by the board, together with the biennial licensure fee for a dental hygienist which is fixed by the board pursuant to K.S.A. 65-1447 and amendments thereto. Each dental hygienist holding a license issued during the licensure period next preceding December 1, 1997, shall submit a renewal application on or before December 1, 1997, as provided in this section.

(b) (c) The board shall require every licensee to submit with the re- newal application evidence of satisfactory completion of a program of continuing education required by the board. The board by duly adopted rules and regulations shall establish the requirements for such program of continuing education as soon as possible after the effective date of this act. In establishing such requirements the board shall consider any exist- ing programs of continuing education currently being offered to such licensees.

(c) (d) Upon fixing the annual registration biennial license renewal fee, the board shall immediately notify all licensees of the amount of the fee for the ensuing year licensure period. Upon receipt of such fee and upon receipt of evidence that the licensee has satisfactorily completed a program of continuing education required by the board, the licensee shall be issued a renewal certificate authorizing the licensee to continue to practice in this state for a period of one year two years.

(d) (e) (1) Any license granted under authority of this act shall au- tomatically be canceled if the holder thereof fails to secure a apply for renewal certificate within a period of three months one month from No- vember 30 December 1 of each year.

(2) Any licensee whose license is automatically canceled by reason of failure, neglect or refusal to secure the renewal certificate may be rein- stated by the board at any time within three months one month from the date of the automatic cancellation of such license, upon payment of the annual registration biennial renewal fee and upon proof that such licensee has satisfactorily completed a program of continuing education required by the board or at any time within two months from the date of the automatic cancellation of the license upon payment of the biennial renewal fee and a penalty fee of $15 $50 and upon proof that such licensee has satisfactorily completed a program of continuing education required by the board. If such licensee has not applied for renewal of the license within three months after it has been automatically canceled and has not paid the required fees or presented proof of satisfactory completion of the required program of continuing education, then such licensee shall be required to file an application for and take the examination provided for in this act.

(e) (f) Upon failure of any licensee to pay the annual registration applicable renewal fee or to present proof of satisfactory completion of the required program of continuing education within two months after November 30, the board shall notify such licensee, in writing, by mailing notice to such licensee's last registered address. Failure to mail or receive such notice shall not affect the cancellation of the license of such licensee.

(f) (g) The board may waive the payment of annual biennial fees and the continuing education requirements for the renewal of certificates without the payment of any registration fee for any a person who has held a Kansas license to practice dentistry or dental hygiene if such licensee has retired from such practice or has become temporarily or permanently disabled and such licensee files with the board a certificate stating either of the following:

(1) A retiring licensee shall certify to the board that the licensee is: (A) At least 65 years of age and has retired from the active practice of dentistry or dental hygiene; and (B) not engaged in the provision of any dental service, the performance of any dental operation or procedure or the delivery of any dental hygiene service as defined by the statutes of the state of Kansas; or

(2) a disabled licensee shall certify to the board that such licensee is no longer engaged in the provision of dental services, the performance of any dental operation or the provision of any dental hygiene services as defined by the statutes of the state of Kansas by reason of any physical disability, whether permanent or temporary, and shall describe the nature of such disability.

(g) (h) The waiver of fees under subsection (f) shall continue so long as the retirement or physical disability exists. In the event the licensee returns to the practice for which such person is licensed, the requirement for payment of fees and continuing education requirements shall be reim- posed commencing with and continuing after the date the licensee re- turns to such active practice. The performance of any dental service, including consulting service, or the performance of any dental hygiene service, including consulting service, shall be deemed the resumption of such service, requiring payment of license fees.

(h) (i) The Kansas dental board may adopt such rules and regulations requiring the examination and providing means for examination of those persons returning to active practice after a period of retirement or disa- bility as the board shall deem necessary and appropriate for the protection of the people of the state of Kansas.

Sec. 3. K.S.A. 65-1436 is hereby amended to read as follows: 65- 1436. (a) The Kansas dental board may refuse to issue the license pro- vided for in this act, or may take any of the actions with respect to any dental or dental hygiene license as set forth in subsection (b), whenever it is established, after notice and opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act, that any applicant for a dental or dental hygiene license or any licensed dentist or dental hygienist practicing in the state of Kansas has:

(1) Committed fraud, deceit or misrepresentation in obtaining any license, money or other thing of value;

(2) habitually used intoxicants or drugs which have rendered such person unfit for the practice of dentistry or dental hygiene;

(3) been determined to be by the board to be professionally incom- petent;

(4) committed gross, wanton or willful negligence in the practice of dentistry or dental hygiene;

(5) employed, allowed or permitted any unlicensed person or persons to perform any work in the licensee's office which constitutes the practice of dentistry or dental hygiene under the provisions of this act;

(6) willfully violated the laws of this state relating to the practice of dentistry or dental hygiene or the rules and regulations of the secretary of health and environment or of the board regarding sanitation;

(7) engaged in the division of fees, or agreed to split or divide the fee received for dental service with any person for bringing or referring a patient without the knowledge of the patient or the patient's legal rep- resentative, except the division of fees between dentists practicing in a partnership and sharing professional fees, or in case of one licensed den- tist employing another;

(8) committed complicity in association with or allowed the use of the licensed dentist's name in conjunction with any person who is engaged in the illegal practice of dentistry;

(9) been convicted of a felony if the board determines, after investi- gation, that such person has not been sufficiently rehabilitated to warrant the public trust, or a misdemeanor involving moral turpitude in any ju- risdiction and the licensee fails to show that the licensee has been suffi- ciently rehabilitated to warrant the public trust;

(10) failed to pay license fees;

(11) used the name ``clinic,'' ``institute'' or other title that may suggest a public or semipublic activity except that the name ``clinic'' may be used as authorized in K.S.A. 65-1435 and amendments thereto;

(12) committed, after becoming a licensee, any conduct which is det- rimental to the public health, safety or welfare as defined by rules and regulations of the board; or

(13) engaged in a misleading, deceptive, untrue or fraudulent mis- representation in the practice of dentistry or on any document connected with the practice of dentistry by knowingly submitting any misleading, deceptive, untrue or fraudulent misrepresentation on a claim form, bill or statement., including the systematic waiver of patient co-payment or co-insurance;

(14) failed to keep adequate records; or

(15) the licensee has had a license to practice dentistry revoked, sus- pended or limited, has been censured or has had other disciplinary action taken, an application for license denied, or voluntarily surrendered the license after formal proceedings have been commenced by the proper li- censing authority or another state, territory or the District of Columbia or other country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof.

(b) Whenever it is established, after notice and opportunity for hear- ing in accordance with the provisions of the Kansas administrative pro- cedure act, that a licensee is in any of the circumstances or has committed any of the acts described in subsection (a), the Kansas dental board may take one or any combination of the following actions with respect to the license of the licensee:

(1) Revoke the license.

(2) Suspend the license for such period of time as may be determined by the board.

(3) Restrict the right of the licensee to practice by imposing limita- tions upon dental or dental hygiene procedures which may be performed, categories of dental disease which may be treated or types of patients which may be treated by the dentist or dental hygienist. Such restrictions shall continue for such period of time as may be determined by the board, and the board may require the licensee to provide additional evidence at hearing before lifting such restrictions.

(4) Grant a period of probation during which the imposition of one or more of the actions described in subsections (b)(1) through (b)(3) will be stayed subject to such conditions as may be imposed by the board including a requirement that the dentist or dental hygienist refrain from any course of conduct which may result in further violation of the dental practice act or the dentist or dental hygienist complete additional or re- medial instruction. The violation of any provision of the dental practice act or failure to meet any condition imposed by the board as set forth in the order of the board will result in immediate termination of the period of probation and imposition of such other action as has been taken by the board.

(c) As used in this section, ``professionally incompetent'' means:

(1) One or more instances involving failure to adhere to the applicable standard of dental or dental hygienist care to a degree which constitutes gross negligence, as determined by the board;

(2) repeated instances involving failure to adhere to the applicable standard of dental or dental hygienist care to a degree which constitutes ordinary negligence, as determined by the board; or

(3) a pattern of dental or dental hygienist practice or other behavior which demonstrates a manifest incapacity or incompetence to practice dentistry.

(c) (d) The board may upon its own motion or upon the request of any licensee who is a party to a licensure action require a physical or mental examination, or both, of such licensee either prior to a hearing to be held as a part of a licensure action or prior to the termination of any period of suspension or the termination of any restrictions imposed upon the licensee as provided in subsection (b).

Sec. 4. K.S.A. 65-1447 is hereby amended to read as follows: 65- 1447. (a) On or before September 1, 1980, and on or before October 1 of each year thereafter, the Kansas dental board shall determine the amount of funds which will be required during the ensuing fiscal year to properly administer the laws which the board is directed to enforce and administer and shall fix fees in accordance with this section in such rea- sonable sums as may be necessary for such purposes, within the limita- tions prescribed by subsection (b).

(b) The board shall collect fees provided for in this act as follows:

Examination fee for dental applicants -- not more than.........          $100

Subsequent examination fee for dental applicants -- not more than            50

Certificate fee for special qualifications -- not more than....           100

Reciprocity fee -- not more than...............................           100

Duplicate license fee -- not more than.........................            10

Certificate fee, including certificate for reciprocity, for dentists and dental
     hygienists -- not more than            10

Annual registration Biennial license renewal fee for dentists -- not more than  
         100 200

Examination fee for dental hygienist applicants -- not more than            50

Subsequent examination fee for dental hygienist applicants -- not more than     
           50

Annual registration Biennial license renewal fee for dental hygienists -- not
     more than        50 100

(c) The amounts of fees in effect on the day preceding the effective date of this act and the act of which this section is amendatory shall remain in effect until fixed in different amounts by the board under this section. The board may adopt rules and regulations for the proration of fees for a license issued for a period of time less than the biennial licensure period.

Sec. 5. K.S.A. 74-1404 is hereby amended to read as follows: 74- 1404. (a) In order to accomplish the purpose and to provide for the en- forcement of this act, there is hereby created the Kansas dental board. The board shall be vested with authority to carry out the purposes and enforce the provisions of this act. The board shall consist of the following: (1) Three licensed and qualified resident dentists; (2) one registered li- censed and qualified resident dental hygienist; and (3) one representative of the general public. At least 30 days before the expiration of any term, other than that of the member appointed from the general public or a member who is a dental hygienist, the Kansas dental association or its successor shall submit to the governor a list of three names of persons of recognized ability who have the qualifications prescribed for the dentist board members. At least 30 days before the expiration of the term of the dental hygienist member of the board, the Kansas dental hygiene associ- ation shall submit to the governor a list of three names of persons of recognized ability who have the qualifications prescribed for the dental hygienist member. The governor shall consider such list of persons in making the appointment to the board. The members shall be appointed by the governor in the manner hereinafter prescribed for terms of four years and until their successors are appointed and qualified. No person in any way connected with a dental supply or dental laboratory business shall be eligible for appointment to the board. No person shall be eligible for appointment to the board who has been convicted of a violation of any of the provisions of this or any other prior dental practice act or who has been convicted of a felony. No dentist or dental hygienist shall be appointed to the board who has not been engaged in the active practice of dentistry or dental hygiene in the state of Kansas for at least five years next preceding appointment. Whenever a vacancy occurs it shall be filled by appointment for the remainder of the unexpired term in the same manner as an original appointment is made.

(b) Upon the expiration of terms of office of members, successors shall be appointed in the same manner as original appointments for terms of four years.

Sec. 6. K.S.A. 65-1424, 65-1431, 65-1436, 65-1447, 65-1463 and 74- 1404 are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its publication in the statute book.

Approved March 29, 1996.