Brief (1)
SB 510 amends many of the statutes that make up the Dental Practices Act under which dentists and dental hygienists are licensed and the practice of dentists and dental hygienists is regulated. The majority of the amendments are technical and in the nature of "clean up." Many of the latter remove outdated references to registration and certificates. Five of the statutes that are amended by the bill contain substantive changes in the dental laws, and one new statute that is made a part of the Dental Practices Act is created by the bill.
The first substantive change appears in Section 3 of SB 510. The statute that is amended sets out those practices and acts that are not to be considered a violation of the Dental Practices Act or the requirement that persons be licensed to practice dentistry or dental hygiene. The amendments add three new exceptions to the statute. The first allows the practice of dentistry by a dental student, the practice of dental hygiene by a dental hygiene student, or the performance of duties permitted under the Dental Practices Act by unlicenced persons by a dental assisting student (1) provided the procedures are performed as part of an educational program in dental, dental hygiene, or dental assisting that has been approved by the Dental Board and in a facility operated or overseen by the approved program and (2) the student is under the supervision of a dentist or dental hygienist who either has a Kansas license or who is eligible to be licensed in Kansas and has a license application pending who is serving as faculty in the program. The second new exception is actions of persons while they are taking licensing examinations administered by the Dental Board or approved by the Board. The third exception is the action of persons administering examinations approved by the Board.
In Section 4 a statute that pertains to licensing examinations is amended to specify the time frame in which the results of a licensing examination given by an approved testing organization or organization of state boards meet licensing requirements.
The House Committee amendment in Section 5 is technical and conforms with terminology changes made throughout the Dental Practices Act.
In Section 7 a statute that pertains to the renewal of licenses to practice dentistry or dental hygiene is amended to change the time period which triggers an automatic cancellation of a license that is not renewed within the time set out in the statute. Other changes pertain to the renewal of a license when the license holder has failed to renew his or her license prior to specified dates. The amendments set specific dates in the law.
Section 9 adds authorization to practice as a limited liability company to the list of acts that are not in violation of the requirement to practice dentistry under ones own name and the prohibition on using the name of a company, association, corporation, clinic, trade name, or business name in connection with a practice. Several of the current exceptions are clarified as requiring the dentist to be an owner, and a new authorization for professional corporations and limited liability companies to employ licensees that are not owners is added to subsection (b)(2) of the statute.
The House Committee amendments make substantive changes in Section 17 of the bill which amends a statute that creates an exception to the general prohibition against a dentist being employed by a corporation. The statute authorizes nonprofit medical care facilities, indigent health care clinics, and local health departments to employ or contract with Kansas licensees for the provision of dental services, but limits the persons who may be served to those persons who are dentally indigent as that term is defined in the statute. The amendments expand the definition of dentally indigent to include persons who have third-party coverage for medical and surgical expense, but not dental coverage; persons eligible for the federal children's health insurance program (HealthWave); and persons eligible for other publically funded health care programs as defined by the Kansas Dental Board. The amendments also allow dentists to be employed by or to contract with federally qualified health centers or national health service corps sites and to provide services to any person served by such entities. In the case of the latter, the centers or clinics are to report to the Health Care Reform Legislative Oversight Committee annually on the income level of patients served and the percent of patients served who had dental insurance in the preceding year. The amendments limit the authority of the Dental Board to adopt rules and regulations relating to implementation of the statute by prohibiting alteration of the intent of the authority for dentists to be employed by or contract with federally qualified health centers or national health service corps sites.
SB 510 adds a new section to the Dental Practices Act that is made a part of the Act (New Section 20) that authorizes a person whose license has been revoked to apply for reinstatement of the license three years after the revocation. A standard of proof of sufficient rehabilitation to warrant reinstatement of the license is created by the new language. The new provisions allow the Dental Board to condition or restrict the reinstatement of a license; provide, if the Board denies reinstatement, the applicant may not reapply for reinstatement of the revoked license for three years from the date of the denial; and authorize the Board, on its own motion, to stay the effectiveness of an order revoking a license.
Background
SB 510 was drafted by and introduced at the request of the Kansas Dental Board. The President of the Board expressed the Board's support for the bill as did a representative of the Kansas Dental Association. A representative of the Kansas Dental Hygienists Association expressed support for the bill with the exception of one new provision in the bill. The Senate Committee amendments were recommended by the parties with an interest in the bill who were asked by the Committee to work together to develop amendatory language. The same parties worked together to develop the further amendments relating to the exemption of students from licensing requirements adopted by the House Committee.
The House Committee amendments in Section 17 incorporate the provisions of HB 2990 which would have amended the same statute along with other changes agreed to by representatives of the Kansas Dental Association, the Board, and the Kansas Association for Medically Underserved.
According to the Kansas Dental Board, passage of SB 510 would not have a fiscal impact.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html