CHAPTER 38 SENATE BILL No. 630 An  Act concerning the Kansas dental board; amending K.S.A. 65-1426 and K.S.A. 2001
Supp. 65-1428, 65-1431, 65-1432, 65-1434, 74-1405 and 74-1407 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 65-1426 is hereby amended to read as follows: 65-
1426. (a) Except as otherwise provided in subsection (c), every person
who desires to practice dentistry in this state shall file with the secretary-
treasurer executive director of the board a written application for a li-
cense, and furnish satisfactory proof that the applicant is at least 21 years
of age, of good moral character and a graduate of a dental school or
college approved by the board. Such application shall be upon the form
prescribed and furnished by the board and verified by the oath of the
applicant and shall be accompanied by the required fee and a recent
unmounted, autographed photograph of the applicant.

      (b) The board shall approve only those dental schools or colleges
which require the study of dentistry and dental surgery and which the
board determines have standards of education not less than that required
for accreditation by the commission on dental accreditation of the Amer-
ican dental association or its equivalent.

      (c) Notwithstanding the provisions of subsection (a), the board shall
consider an application of any graduate of a dental school which has not
been approved by the board if the applicant successfully completes a
course of remedial or refresher instruction offered by a dental school or
college where both the course and the school have been approved by the
board.

      (d) The board is hereby authorized and empowered to adopt such
further rules in regard to the qualifications of applicants for licensure, not
in conflict with this section, as it from time to time may deem necessary
and proper.

      (e) The board shall adopt rules and regulations establishing the cri-
teria which a school shall satisfy in meeting the standards of education
established under subsection (b). The board may send a questionnaire
developed by the board to any school 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 agen-
cies, commissions or consultants to assist the board in obtaining infor-
mation about schools. In entering such contracts the authority to approve
schools shall remain solely with the board.

      Sec.  2. K.S.A. 2001 Supp. 65-1428 is hereby amended to read as
follows: 65-1428. (a) Each applicant for licensure as a dentist shall be
examined by the board or by a testing organization or an organization of
one or more state boards formed for the purpose of conducting a standard
clinical examination of candidates for licensure as dentists if the board
has approved each such organization and determined that the examina-
tions given meet the requirements of this act. For such testing organi-
zations or organization of one or more state boards that certify the test
results for a limited period of time, the examination must have been taken
and passed no longer before the date of application than the certification
period. All examinations provided for in this act shall be conducted in a
fair and wholly impartial manner. The examination shall be both theo-
retical and clinical, and shall thoroughly test the qualifications of each
applicant to practice dentistry.

      (b) The examination shall include the following subjects: Pathology,
radiology, bacteriology, treatment planning, clinical dentistry, operative
dentistry, prosthetics, crown and bridge technique, orthodontia, materials
in dentistry, diet and nutrition, oral hygiene and prophylaxis, preventive
medicine, peridontia, anaesthesia, oral surgery, oral medicine, principles
of medicine and pharmacology, anatomy, physiology, histology, chemistry,
embryology and such subdivisions of these general subjects as relate to
the practice of dentistry and laws of this state regulating the practice of
dentistry.

      The results of all such examinations shall be filed with the secretary-
treasurer executive director of the board and kept for reference and in-
spection for a period of not less than two years.

      (c) Each applicant who has attained a passing grade on each exami-
nation required by the board and has met all other requirements for
licensure set forth in this act shall be granted a license by the board.
Every license issued under this act shall be in the form prescribed by the
board. A license to practice dentistry shall not be construed as a property
right, but a valuable right contingent upon the practice of the licensee in
accordance with the provisions of law relating to the practice of dentistry
and any rules and regulations adopted pursuant thereto.

      Sec.  3. K.S.A. 2001 Supp. 65-1431 is hereby amended to read as
follows: 65-1431. (a) On or before December 1 of each even-numbered
year, each licensed dentist shall transmit to the secretary executive direc-
tor of the board a renewal application, upon a form prescribed by the
board, which shall include such licensee's signature, post-office address,
office address, the number of the license 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 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, each den-
tal hygiene licensee of the Kansas dental board shall transmit to the sec-
retary executive director 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 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 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.

      (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
license 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 and obtain re-
newal prior to March 1 of the year following the December in which a
renewal application is due.

      (2) Any licensee whose license is required to be renewed for the next
biennial period may obtain renewal, prior to February 1, by submitting
to the board the required renewal application, payment of the biennial
renewal fee and proof that such licensee has satisfactorily completed a
program of continuing education required by the board. Any licensee
whose license is required to be renewed for the next biennial period may
obtain renewal, between February 1 and March 1, by submitting to the
board the required renewal application, payment of the biennial renewal
fee, payment of a penalty fee of not to exceed $500 as fixed by rules and
regulations by the board and 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 by February 1 of the year following the December
in which a renewal application is due, 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 licenses 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
not engaged, except as provided in K.S.A. 2001 Supp. 65-1466 and
amendments thereto, in the provision of any dental service, the perform-
ance 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.
2001 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. 2001 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.  4. K.S.A. 2001 Supp. 65-1432 is hereby amended to read as
follows: 65-1432. Every licensed dentist, upon establishing a practice lo-
cation or upon changing the place at which such licensed dentist practices
dentistry shall furnish the secretary-treasurer executive director of the
board within 30 days after such action the new practice location address.

      Sec.  5. K.S.A. 2001 Supp. 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 experience 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
compliance with the requirements of this section. Any license so issued
may be revoked by the board upon evidence that an applicant has ob-
tained 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 executive
director 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 dentistry 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 den-
tistry 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 applicant. In the event the applicant has practiced dentistry
or dental hygiene 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) 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 questions and provide such information concerning the
qualifications, background, 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.  6. K.S.A. 2001 Supp. 74-1405 is hereby amended to read as
follows: 74-1405. (a) The board at its first meeting day of each year shall
elect from its members a president, vice-president and secretary-trea-
surer secretary. The board shall have a common seal. The board shall
hold two regular meetings each year at times to be fixed by the board,
and special meetings at such other times as may be necessary.

      (b) Members of the Kansas dental board attending meetings of such
board, or attending a subcommittee meeting thereof authorized by such
board, or conducting examinations for dental or dental hygienists licenses
or conducting inspections of dental laboratories required by K.S.A. 65-
1438, and amendments thereto, shall be paid compensation, subsistence
allowances, mileage and other expenses as provided in K.S.A. 75-3223,
and amendments thereto. Members of the board conducting examina-
tions for dental or dental hygienists licenses may receive amounts for
compensation, subsistence allowances, mileage or other expenses from a
nonstate agency for conducting such examinations but no member re-
ceiving any such amounts shall be paid any compensation, subsistence
allowances, mileage or other expenses under this section for conducting
such examinations.

      (c) The official office of the board shall be in Topeka. Meetings shall
be held in Topeka or at such other places as the board shall determine
to be most appropriate. Service of process may be had upon the board
by delivery of process to the secretary of state who shall mail the same
by registered or certified mail to the secretary executive director of the
board.

      (d) The board may appoint a secretary-treasurer an executive director
who shall be in the unclassified service of the Kansas civil service act. The
secretary-treasurer executive director shall receive an annual salary fixed
by the board and approved by the governor. The secretary-treasurer ex-
ecutive director shall be the legal custodian of all property, money,
minutes, records, and proceedings and seal of the board.

      (e) The board in its discretion may affiliate as an active member with
the national association of dental examiners and any organization of one
or more state boards for the purpose of conducting a standard examina-
tion of candidates for licensure as dentists or dental hygienists and pay
regular dues to such association or organization, and may send members
of the board to the meetings of the national association and the meetings
of any organization of state boards of dental examiners organized for the
purpose of conducting a standard examination of candidates for licensure
as dentists and dental hygienists.

      (f) The secretary-treasurer executive director shall remit all moneys
received by or for such secretary-treasurer executive director from fees,
charges or penalties to the state treasurer in accordance with the provi-
sions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each
such remittance, the state treasurer shall deposit the entire amount in the
state treasury. Twenty percent of each such deposit shall be credited to
the state general fund and the balance shall be credited to the dental
board fee fund. All expenditures from such fund shall be made in ac-
cordance with appropriation acts upon warrants of the director of ac-
counts and reports issued pursuant to vouchers approved by the president
of the board or by a person or persons designated by the president.

      Sec.  7. K.S.A. 2001 Supp. 74-1407 is hereby amended to read as
follows: 74-1407. (a) The secretary-treasurer executive director of the
board shall keep a record book in which shall be entered the names of
all persons to whom licenses and certificates as specialists in dentistry,
and renewal licenses and certificates have been granted under this act,
the numbers of such licenses and certificates, the dates of granting the
same and other matters of record, the book so provided and kept to be
deemed a book of records. A photostatic copy of such records, or a copy
of such records certified by the secretary-treasurer executive director and
under the seal of the board, shall be admitted in any of the courts of this
state as prima facie evidence of the facts contained in such records and
in lieu of the records of the board.

      (b) A certificate that there is not entered in such record books the
name and number of and date of granting such license or certificate or
license or renewal certificate to a person charged with a violation of any
of the provisions of this act, under the hand of the secretary-treasurer
executive director and the seal of the board, shall be prima facie evidence
of the facts contained therein and in the records of the board. Such cer-
tificates shall be admitted in any of the courts of this state in lieu of the
records of the board.

      (c) The original books, records and papers of the board shall be kept
at the office of the secretary-treasurer executive director of such board,
which office shall be at such place as may be designated by the board.
The secretary-treasurer executive director shall furnish to any person
making application therefor a copy of any part thereof, certificated by the
secretary-treasurer executive director, upon payment of a fee in an
amount fixed by the secretary-treasurer executive director and approved
by the director of accounts and reports under K.S.A. 45-219 and amend-
ments thereto. 
Sec.  8. K.S.A. 65-1426 and K.S.A. 2001 Supp. 65-1428, 65-1431, 65-
1432, 65-1434, 74-1405 and 74-1407 are hereby repealed.
 Sec.  9. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 5, 2002.
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