CHAPTER 34 SENATE BILL No. 71 (Amended by Chapter 149) An  Act concerning the Kansas dental board; amending K.S.A. 65-1432 and 65-1434 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 im-
mediately 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 automat-
ically 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 rein-
stated by the board at any time within one month from the date of the
automatic cancellation of such license, upon payment of the biennial re-
newal 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 not to exceed $500 as fixed by rules and regulations by the board and
upon proof that such licensee has satisfactorily completed a program of
continuing education required by the board. The penalty fee in effect
immediately prior to the effective date of this act shall continue in effect
until rules and regulations establishing a penalty fee under this section
become effective.

      (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.

      Sec.  2. K.S.A. 65-1432 is hereby amended to read as follows: 65-
1432. Every licensed dentist, upon establishing a practice location or upon
changing his place of business the place at which such licensed dentist
practices dentistry shall, within thirty days thereafter furnish the secre-
tary-treasurer of the board with his within 30 days after such action the
new practice location address.

      Sec.  3. K.S.A. 65-1434 is hereby amended to read as follows: 65-
1434. (a) The board, without examination, may issue a license as a dentist
or dental hygienist to an applicant holding a license in another state upon
compliance with the requirements of professional qualification and ex-
perience set forth in subsection (b). The board shall prepare and adopt a
form of application to be submitted by an applicant for a license to be
issued under this section. On the receipt of any such application, the
board shall conduct such review, verification or other investigation of the
applicant and the professional qualifications, background, experience and
practice of the applicant as the board deems necessary to assure full com-
pliance with the requirements of this section. Any license so issued may
be revoked by the board upon evidence that an applicant has obtained a
license under this section through misrepresentation or omission of a
material fact in the application or other information submitted to the
board.

      (b) Each applicant for licensure under this section must evidence the
qualifications and meet the following requirements:

      (1) Each applicant for licensure as a dentist under this section must
meet the requirements set forth in K.S.A. 65-1426 and amendments
thereto. Each applicant for licensure as a dental hygienist must meet any
applicable requirements set forth in K.S.A. 65-1455 and amendments
thereto.

      (2) Each applicant shall show evidence of having successfully com-
pleted both a national board examination or an equivalent examination
accepted by the state in which the applicant has been previously licensed,
and a clinical examination, administered by any state or clinical dental
testing agency, of equivalent merit to the clinical examination accepted
by the board at the time such applicant completed such examinations.

      (3) Each applicant for licensure as a dentist under this section shall
have held a license to practice dentistry in one or more other states of
the United States for the five-year period immediately preceding the date
of application and shall have engaged in the active practice of dentistry
for at least five years prior to the date of application. Each applicant for
licensure as a dental hygienist under this section shall have held a license
to practice dental hygiene in another state of the United States for the
three-year period immediately preceding the date of application and shall
have engaged in the active practice of dental hygiene for at least three
years prior to the date of application. Successive and continuous periods
of active practice in other states will comply with the active practice
requirements of this paragraph (3). For the purpose of determining the
period of practice, periods of military service will be considered to the
extent approved by the Kansas dental board. Service as a full-time faculty
member in a school of dentistry will be considered the practice of den-
tistry to the extent service involved full-time instruction in dentistry in-
cluding clinical dentistry. Service as a faculty member in a school of dental
hygiene will be considered the practice of dental hygiene to the extent
such service involved instruction in dental hygiene including clinical den-
tal hygiene. To be considered for the purposes of this statute, any such
school of dentistry or dental hygiene must be approved by the Kansas
dental board within the meaning of K.S.A. 65-1426 and amendments
thereto.

      (4) Each such applicant shall show evidence that the applicant has
fully complied with all continuing education requirements imposed by
the state or states in which the applicant has been licensed and has prac-
ticed during the five years immediately preceding the date of the appli-
cation. In the event the state or states in which the applicant has been
licensed and practiced has no such requirement, the applicant shall pro-
vide such information concerning continuing education received by the
applicant during the five-year period preceding application as may be
required by the board. All applicants must have completed continuing
education sufficient to comply with that continuing education required
of Kansas licensees during the twelve-month period prior to the date of
the application for licensure unless the Kansas dental board determines,
for good cause shown, that the requirement will work an undue hardship
upon the applicant and the requirement is not necessary for the protec-
tion of the people of Kansas based upon the training and experience of
the applicant.

      (5) The applicant shall provide such other information concerning the
applicant and the dental education, qualification, experience and profes-
sional conduct of the applicant as the board in its discretion deems nec-
essary to its determination to issue a license.

      (6) Each applicant shall provide a certificate of the secretary of the
board or other agency governing licensure of dentists or dental hygienists
of the state in which the applicant has been licensed and has practiced
during the required period preceding the date of the application. Such
certificate shall state that: (A) The applicant is licensed to practice den-
tistry or dental hygiene in the state; (B) the license of the applicant has
never been suspended or revoked; (C) the applicant has never been the
subject of any proceeding for suspension, revocation or other disciplinary
action initiated by the board of licensure of any such state during the
period the applicant has held a license to practice dentistry or dental
hygiene in such state; and (D) no complaint has been filed against the
applicant of such substance as, in the judgment of the board of licensure
of such state, has required the initiation of proceedings against the ap-
plicant. In the event the applicant has practiced dentistry or dental hy-
giene in more than one other state in the United States, the applicant
shall file a similar certificate with respect to such period or periods during
which the applicant has practiced in each such state.

      (c) Each applicant shall appear in person before The Kansas dental
board may direct an applicant to appear before the board at a date, time
and place to be determined by the Kansas dental board to answer ques-
tions and provide such information concerning the qualifications, back-
ground, experience and practice of the applicant as the Kansas dental
board may deem necessary.

      (d) The term ``applicant'' as used in this section shall apply to both
applicants for licensure as a dentist and applicants for licensure as a dental
hygienist unless the context otherwise indicates. 
Sec.  4. K.S.A. 65-1432 and 65-1434 and K.S.A. 1998 Supp. 65-1431
are hereby repealed.
 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 30, 1999.