CHAPTER 145 SENATE BILL No. 50 An Act concerning the dental practices act; amending K.S.A. 2000 Supp. 65-1423 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2000 Supp. 65-1423 is hereby amended to read as
follows: 65-1423. (a) Nothing in this act shall apply to the following prac-
tices, acts and operations:

      (1) To the practice of a person licensed to practice medicine and
surgery under the laws of this state, unless such person practices dentistry
as a specialty;

      (2) to the performance by a licensed nurse of a task as part of the
administration of an anaesthetic for a dental operation under the direct
supervision of a licensed dentist or person licensed to practice medicine
and surgery so long as the anaesthetic given under the direct supervision
of a licensed dentist is consistent with the anaesthetic the dentist is au-
thorized to administer under K.S.A. 65-1444 and amendments thereto
and consistent with subsection (a) of K.S.A. 65-1162 and amendments
thereto and subsection (e) of K.S.A. 65-1163 and amendments thereto;

      (3) to the giving by a registered nurse anesthetist of an anaesthetic
for a dental operation in an interdependent role as a member of a phy-
sician or dentist directed health care team;

      (4) the practice of dentistry in the discharge of their official duties by
graduate dentists or dental surgeons in the United States army, navy, air
force, marines, public health service, coast guard or veterans' administra-
tion;

      (5) the practice of dentistry by a licensed dentist of other states or
countries at meetings of the Kansas state dental association or compo-
nents thereof, or other like dental organizations approved by the board,
while appearing as clinicians;

      (6) to the filling of prescriptions of a licensed dentist as hereinafter
provided by any person or persons, association, corporation or other en-
tity, for the construction, reproduction or repair of prosthetic dentures,
bridges, plates or appliances to be used or worn as substitutes for natural
teeth, provided that such person or persons, associations, corporation or
other entity, shall not solicit or advertise, directly or indirectly by mail,
card, newspaper, pamphlet, radio or otherwise, to the general public to
construct, reproduce or repair prosthetic dentures, bridges, plates or
other appliances to be used or worn as substitutes for natural teeth;

      (7) to the use of roentgen or x-ray machines or other rays for making
radiograms or similar records, of dental or oral tissues under the super-
vision of a licensed dentist or physician except that such service shall not
be advertised by any name whatever as an aid or inducement to secure
dental patronage, and no person shall advertise that such person has,
leases, owns or operates a roentgen or x-ray machine for the purpose of
making dental radiograms of the human teeth or tissues or the oral cavity,
or administering treatment thereto for any disease thereof;

      (8) except as hereinafter limited to the performance of any dental
service of any kind by any person who is not licensed under this act, if
such service is performed under the supervision of a dentist licensed
under this act at the office of such licensed dentist except that such non-
licensed person shall not be allowed to perform or attempt to perform
the following dental operations or services:

      (A) Any and all removal of or addition to the hard or soft tissue of
the oral cavity;

      (B) any and all diagnosis of or prescription for treatment for disease,
pain, deformity, deficiency, injury or physical condition of the human
teeth or jaws, or adjacent structure;

      (C) any and all correction of malformation of teeth or of the jaws;

      (D) any and all administration of general or local anaesthesia of any
nature in connection with a dental operation; or

      (E) a prophylaxis, except that individuals who are not licensed but
who are operating under the direct supervision of a dentist may (i) coronal
polish teeth as defined by rules and regulations of the board and (ii)
coronal scale teeth above the gum line as long as such procedure is not
performed on a patient who has undergone local or general anesthesia at
the time of the procedure, is undertaken by a nonlicensed person who
has successfully completed necessary training for performing such dental
procedure in a course of study approved by the board, which course of
study is consistent with American dental association accreditation stan-
dards and includes but is not limited to adequate instruction on scaling
the teeth and recognition of periodontal disease, is undertaken by a per-
son who has met the experience requirements for performing such pro-
cedures as established by the board and such procedure is performed
prior to July 1, 2001. The provisions of this part (ii) of subsection (8)(E)
shall expire on July 1, 2001;

      (9) the practice of dentistry by a dental student, the practice of dental
hygiene by a dental hygiene student or the performance of duties per-
mitted under the dental practices act to unlicensed persons by a dental
assisting student, provided that (i) the procedures are performed as part
of the educational program of dental, dental hygiene or dental assisting
that has been approved by the board and in a facility operated or overseen
by the approved program and (ii) the student is under the supervision of
a dentist or dental hygienist who is either licensed in the state of Kansas
or who is eligible to be licensed in Kansas and has an application to be
licensed in Kansas pending, serving as a faculty member of the program;

      (10) the actions of persons while they are taking examinations for
licensure administered or approved by the board; or

      (11) the actions of persons while administering examinations ap-
proved by the board.

      (b) As used in this section:

      (1) ``Removal of or addition to the hard or soft tissue of the oral
cavity'' means: (A) A surgical or cutting procedure on hard or soft tissues;
(B) the grafting of hard or soft tissues; (C) the final placement or intraoral
adjustment of a fixed crown or fixed bridge; and (D) root planing or the
smoothing of roughened root surfaces.

      (2) ``Diagnosis of or prescription for treatment for disease, pain, de-
formity, deficiency, injury or physical condition of the human teeth or
jaws or adjacent structure'' means: (A) A comprehensive examination; (B)
diagnosis and treatment planning; and (C) the prescription of a drug,
medication or work authorization.

      (3) ``Correction of malformation of teeth or the jaws'' means surgery,
cutting or any other irreversible procedure.

      (4) ``General or local anesthesia of any nature in connection with a
dental operation'' means any general anaesthetic and any local anaesthetic
whether block or infiltration but shall not include the administration and
monitoring of the analgesic use of nitrous oxide or oxygen, or both.

 Sec.  2. K.S.A. 2000 Supp. 65-1423 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 23, 2001.
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