CHAPTER 11 HOUSE BILL No. 2254 (Amended by Chapter 149) An  Act concerning dental hygienists; refresher courses; examinations; amending K.S.A. 65-
1455 and K.S.A. 1998 Supp. 65-1431 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1998 Supp. 65-1431 is hereby amended to read as
follows: 65-1431. (a) On or before 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 appli-
cation, 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 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 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, com-
mencing December 1, 1997, each dental hygiene licensee of the Kansas
dental board shall transmit to the secretary of the board a renewal appli-
cation, upon a form prescribed by the board, which shall include such
licensee's signature, post office address, the number of the license cer-
tificate of such licensee, whether such licensee has been engaged during
the preceding licensure period in active and continuous practice whether
within or without this state, and such other information as may be re-
quired 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 dur-
ing the licensure period next preceding December 1, 1997, shall submit
a renewal application on or before December 1, 1997, as provided in this
section.

      (c) The board shall require every licensee to submit with the renewal
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 contin-
uing education as soon as possible after the effective date of this act. In
establishing such requirements the board shall consider any existing pro-
grams of continuing education currently being offered to such licensees.

      (d) Upon fixing the biennial license renewal fee, the board shall
immediately notify all licensees of the amount of the fee for the ensuing
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 two years.

      (e)  (1) Any license granted under authority of this act shall auto-
matically be canceled if the holder thereof fails to apply for renewal within
a period of one month from 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
reinstated by the board at any time within one month from the date of
the automatic cancellation of such license, upon payment of the 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
$50 and upon proof that such licensee has satisfactorily completed a pro-
gram of continuing education required by the board.

      (f) Upon failure of any licensee to pay the 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.

      (g) The board may waive the payment of biennial fees and the con-
tinuing education requirements for the renewal of certificates without the
payment of any fee for 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, except as provided in
K.S.A. 1998 Supp. 65-1466 and amendments thereto, 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.

      (h) The waiver of fees under subsection (g) shall continue so long as
the retirement or physical disability exists. Except as provided in K.S.A.
1998 Supp. 65-1466 and amendments thereto, 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. Except as provided in K.S.A. 1998 Supp.
65-1466 and amendments thereto, 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.

      (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 except that for an applicant to practice
dental hygiene who is returning to active practice after a period of re-
tirement or disability, the board shall authorize as an alternative to the
requirement for an examination that the applicant successfully complete
a refresher course as defined by the board in an approved dental hygiene
school.

      Sec.  2. K.S.A. 65-1455 is hereby amended to read as follows: 65-
1455. (a) No person shall practice as a dental hygienist in this state until
such person has passed an examination by the board under such rules
and regulations as the board may adopt. The board shall accept clinical
board examination results for graduates of dental hygiene schools ap-
proved by the board from all nationally recognized regional dental hy-
giene clinical testing agencies and from individual state dental hygiene
licensure authorities. The fee for such examination and the certificate fee
shall be fixed by the board pursuant to K.S.A. 65-1447 and amendments
thereto. An annual registration fee shall be paid to the board in the
amount fixed by the board pursuant to K.S.A. 65-1447 and amendments
thereto.

      (b) The board shall issue licenses and license certificates as dental
hygienists to those who have passed the examination in a manner satis-
factory to the board. Each license certificate shall be posted and displayed
in the office in which the hygienist is employed, but no person shall be
entitled to such license and license certificate unless such person shall be
more than 18 years of age, of good moral character and a graduate of a
school approved by the board for dental hygienists. The board shall ap-
prove only those dental hygiene schools which require the study of dental
hygiene and which the board determines have standards of education not
less than that required for accreditation by the commission on dental
accreditation of the American dental association or its equivalent.

      (c) The board shall adopt rules and regulations establishing the cri-
teria which a school for dental hygienists shall satisfy in meeting the stan-
dards of education established under subsection (b). The board may send
a questionnaire developed by the board to any school for dental hygienists
for which the board does not have sufficient information to determine
whether the school meets the requirements of subsection (b) and rules
and regulations adopted under this section. The questionnaire providing
the necessary information shall be completed and returned to the board
in order for the school to be considered for approval. The board may
contract with investigative agencies, commissions or consultants to assist
the board in obtaining information about schools. In entering such con-
tracts the authority to approve schools shall remain solely with the board.

      (d) Any person practicing dental hygiene in violation of the provisions
of this act shall be guilty of a misdemeanor, and the board may revoke or
suspend such person's license therefor.

 Sec.  3. K.S.A. 65-1455 and K.S.A. 1998 Supp. 65-1431 are hereby
repealed.

 Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 22, 1999.
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