CHAPTER 82
HOUSE BILL No. 2155
An Act concerning dentists and dentistry, regarding temporary
licensure of out-of-state
dentists and dental hygienists; amending K.S.A. 65-1426 and 65-1455
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) or
subsection
(d), every person who desires to practice dentistry in this
state shall file
with the executive director of the board a written application for
a license,
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
pre-
scribed and furnished by the board and verified by the oath of the
appli-
cant and shall be accompanied by the required fee and a recent
un-
mounted, 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) Any graduate of an accredited
dental school, dental college or
dental department of a college or university, who: (1) Has a
D.D.S. or
D.M.D. degree and is otherwise qualified; (2) is not licensed to
practice
dentistry in Kansas; and (3) holds a license to practice in the
state from
which they are applying, upon application, may be issued a
temporary
license of not more than 14 calendar days to provide dental
services under
subsection (f)(4) of K.S.A. 75-6102, and amendments
thereto.
(d) (e) 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) (f) The board
shall adopt rules and regulations establishing the
criteria 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. 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 shall be fixed
by the
board pursuant to K.S.A. 65-1447 and amendments thereto. A license
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) Any graduate of an accredited
dental hygiene school, dental col-
lege or dental department of a college or university who: (1)
Has a R.D.H.
(registered dental hygienist) or L.D.H. (licensed dental
hygienist) and is
otherwise qualified; (2) is not licensed to practice as a dental
hygienist in
Kansas; and (3) holds a license to practice in the state from
which they
are applying, upon application, may be issued a temporary
license of not
more than 14 days to provide dental hygienist services under
subsection
(f)(4) of K.S.A. 75-6102, and amendments thereto.
(b) (c) The board
shall issue licenses as dental hygienists to those who
have passed the examination in a manner satisfactory to the board.
Each
license shall be posted and displayed in the office in which the
hygienist
is employed, but no person shall be entitled to such license unless
such
person is more than 18 years of age, of good moral character and a
grad-
uate of a school approved by the board for dental hygienists. The
board
shall approve 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
equiva-
lent.
(c) (d) The board
shall adopt rules and regulations establishing the
criteria which a school for dental hygienists 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
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
contracts the authority to approve schools shall remain solely with
the
board.
(d) (e) Any
person practicing dental hygiene in violation of the pro-
visions 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. 65-1426 and 65-1455 are hereby
repealed.
Sec. 4. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 16, 2003.
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