HB 0448

CHAPTER 5

HB 448 - FINAL VERSION

AN ACT relative to the board of dental examiners and the regulation of dentists and dental hygienists.

SPONSORS: Rep. Dyer, Hills 8; Sen. J. King, Dist 18; Sen. D'Allesandro, Dist 20

This bill makes various changes to the law governing dentists and dentistry, including:

I. Correcting references to adjudicatory proceedings and disciplinary proceedings.

II. Changing the criteria, procedures, and penalties relative to license application and renewal for dentists and dental hygienists.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the board of dental examiners and the regulation of dentists and dental hygienists.

Be it Enacted by the Senate and House of Representatives in General Court convened:

317-A:1 Purpose. For the protection of the public health, safety, and welfare, any person practicing or offering to practice dentistry in New Hampshire must submit evidence that [he] such person is qualified to so practice and shall be licensed as provided in this chapter. No person shall practice or offer to practice dentistry in New Hampshire or use any title, sign, card, device or the abbreviation D.M.D. or D.D.S., or any other designation indicating that such person is practicing dentistry unless such person has been licensed under the provisions of this chapter.

5:2 Section Heading Changed. Amend the section heading of RSA 317-A:2 to read as follows:

5:3 Faculty Member on Board; Reference to Full-time Added. Amend RSA 317-A:3 to read as follows:

317-A:3 Eligibility. All members of the board shall be residents of this state for a period of at least 5 years prior to their appointment. The dental hygiene members shall have been engaged in the practice of dental hygiene in this state for a period of at least 5 years prior to appointment. There shall be no more than one member of the board who is also a full-time faculty member of a school of dentistry or school of dental hygiene.

5:4 Board Duties; References Changed. Amend RSA 317-A:4, I(c) to read as follows:

(c) To undertake, when appropriate, disciplinary proceedings and disciplinary action against licensees as authorized by RSA 317-A:17, 317-A:18, [~~317-A:27~~] 317-A:18-a, 317-A:18-b, and any other appropriate disciplinary statutes;

5:5 Board Duties; References Changed. Amend RSA 317-A:4, I(e) and (f) to read as follows:

(e) To establish fees for examination of applicants for licenses and for renewal of licenses to practice dentistry and dental hygiene and for transcribing and transferring records and other services. The fees established by the board shall be sufficient to provide revenues equal to 125 percent of the direct operating expenses of the board, including expenses under RSA [~~317-A:4(f)~~] 317-A:4, I(f), for the previous fiscal year;

(f) With the approval of the attorney general and the governor and council, to compensate the board's counsel, investigators, and other assistants, appointed in connection with its activities under RSA 317-A:4, 317-A:17, 317-A:18, [~~and RSA 317-A:27~~] 317-A:18-a, and 317-A:18-b, on warrant of the governor out of any money in the treasury not otherwise appropriated; provided that any sums so expended shall be included in the computation of fees established for the subsequent fiscal year under RSA [~~317-A:4(e)~~] 317-A:4, I(e).

II. The board shall choose one of its members as its president and one of its members as secretary-treasurer. Five members shall constitute a quorum. The board shall meet once a year and at such other times and places as it may deem proper. A true record of all their official acts shall be made and preserved by the secretary. The records shall be public and shall be open to inspection at all reasonable times, except for records compiled in connection with disciplinary proceedings, which are subject to RSA [~~317-A:17~~] 317-A:18.

317-A:7 License Required. No person shall begin the practice of dentistry, or [~~any branches thereof~~] dental hygiene, without first obtaining a license for such purpose from the board.

5:8 Applications; Educational Specialty Program. Amend RSA 317-A:8, I to read as follows:

I. Applications for licensure shall be made to the board in writing and shall be accompanied by a fee established in rules adopted under RSA 541-A by the board and by satisfactory proof that the applicant is a graduate of a school, or has completed an educational specialty program of at least 2 years, that is recognized by the American Dental Association Commission of Accreditation of Dental and Dental Auxiliary Educational Programs. The applicant shall be of good professional character and 18 years of age or older.

317-A:9 Examinations. [~~Except as otherwise provided,~~] Applicants for a license to practice dentistry or dental hygiene shall be examined by the board or have successfully passed a national or regional test accepted by the board. [~~The~~] Examinations may be oral, clinical, written, or any combination [~~thereof~~] at the discretion of the board and shall be of such character as to test the qualifications of the applicant to practice dentistry or dental hygiene[; ~~and~~]. No license shall be granted to any applicant who shall not pass such examination [~~satisfactorily to the board~~]. 5:10 Display of License. Amend RSA 317-A:11 to read as follows:

317-A:11 Display of License. [~~Such licensee who engages in the practice of dentistry in this state~~] Any person issued a license under this chapter shall [~~cause his~~] display the license [~~to be~~] at all times [~~displayed~~] in a conspicuous place in the office [~~wherein he shall practice~~] where the licensee practices, and shall, whenever requested, exhibit such license to any of the members of said board or its authorized agent.

5:11 Rulemaking; Dental Hygiene License. Amend RSA 317-A:12, I to read as follows:

I. The application procedure for a dental or dental [~~hygienist~~] hygiene license;

5:12 Rulemaking; Dental Hygiene License. Amend RSA 317-A:12, VI to read as follows:

VI. Ethical standards required to be met by each holder of a dental or dental [~~hygienist~~] hygiene license and how such licenses may be revoked for violation of these standards;

5:13 Rulemaking; Board Investigations; Continuing Education. Amend RSA 317-A:12, X and XI to read as follows:

X. Procedures and policies for [~~the investigation of disciplinary~~] board investigations and proceedings under RSA 317-A:17;

XI. Continuing education requirements [~~to ensure continued competency as defined by the board~~] for licensees;

5:14 License Renewal; Registration; Notification. Amend RSA 317-A:13 to read as follows:

I. By February 15 in each even-numbered year, the board shall mail to each person licensed to practice dentistry or dental hygiene a notice of [~~renewal biennially, on or before February 15~~] registration and license renewal form.

II. Except as provided in RSA 317-A:16, before April 1 of each even numbered year a person licensed to practice dentistry or dental hygiene in this state shall [biennially in even-numbered years, on or before April 1, renew his or her license and pay the fee established and by the board; and a person licensed as a dental hygienist in this state shall biennially in even-numbered years, on or before April 1, renew his or her license] register with the board, apply for license renewal, and pay the fee established in rules adopted by the board.

III. [~~Each person~~] All persons licensed to practice dentistry or dental hygiene in this state shall notify the board [~~promptly~~] in writing within 10 days of any change of [~~his~~] business or residential address which may occur during the period between biennial registrations.

5:15 Failure to Register; Penalties. RSA 317-A:15 is repealed and reenacted to read as follows:

317-A:15 Failure to Register; Penalties. Any person licensed by the board under this chapter who fails, neglects, or refuses to register pursuant to RSA 317-A:13 shall be assessed an administrative fine as determined in rules adopted by the board, and shall have his or her license suspended. A person whose license is suspended for failure to register under this section shall not practice until the registration is completed, all fines are paid, and written notification is received from the board that the person may practice. The payment of the fine may be waived by the board if the board determines that good cause has been shown for the failure to register. Licenses suspended for failure to register shall lapse on July 1 of each even-numbered year.

317-A:16 Inactive List. A dentist or dental hygienist licensed under this chapter who does not actively engage in such practice in New Hampshire within 2 years of the date of issuance of such license shall have the licensee's name transferred to an inactive list and shall be required to register biennially and pay the inactive registration fee as long as the licensee remains inactive. Any dentist or dental hygienist [~~whose name has been included in the inactive list as provided in this section~~] holding an inactive license shall be restored to active status by the board upon the filing of a written request with the board and the furnishing of evidence of continuing professional character and competence [~~satisfactory to the board and the furnishing of evidence to the board of continuing ethical and professional character satisfactory to the board~~] and upon payment of the [~~required~~] full registration fee [~~that has been~~] established in rules adopted by the board. [~~The provisions of this section may be waived by a vote of the board in extenuating circumstances provided a written request is made to the board prior to the fact.~~]

5:17 Professional Misconduct; Adjudicatory Proceedings. Amend the introductory paragraph of RSA 317-A:17, I to read as follows:

I. The board may undertake [~~disciplinary~~] adjudicatory proceedings or proceedings to determine the qualifications of applicants for licensure:

5:18 Professional Misconduct. Amend RSA 317-A:17, II (a) - (f) to read as follows:

(a) [~~Habitual use of~~] Addiction to mind-altering drugs or intoxicants.

(b) Commission of a felony or any crime involving [~~moral turpitude, or the use of any~~] fraud [~~or deceit~~] in obtaining educational credentials, examination scores, or professional licensure in this or any other jurisdiction.

(c) Affliction with a physical or mental impairment or disease which is dangerous to the public health or which precludes the practice of dentistry[~~, or any speciality thereof,~~] or dental hygiene at ordinary levels of proficiency.

(d) Ignorance, incompetence, or a pattern of behavior inconsistent with the basic knowledge and skills expected of persons licensed to practice dentistry or [~~any speciality thereof~~] dental hygiene.

(e) Gross or repeated negligence in practicing dentistry[~~, any dental speciality, or activities ancillary to the practice of dentistry~~] or dental hygiene.

(f) Intentionally injuring a patient or engaging in any other unprofessional or dishonest conduct in practicing dentistry[~~, any dental speciality, or activities ancillary to the practice of dentistry~~] or dental hygiene.

5:19 Board Investigations; Complaints. Amend RSA 317-A:18, VI - VIII to read as follows:

VI. All licensees and any persons applying for licensure or any other privilege granted by the board shall have the duty to keep the board informed of their current business and residence addresses. [~~A licensee shall receive adequate~~] Notice of any hearing or other action taken under this chapter shall be deemed adequate if notice is mailed [~~in a timely fashion~~] to the most recent home or business address furnished to the board by the licensee, pursuant to RSA 317-A:13, III.

VII. Any complaint of licensee misconduct shall be in writing and shall be treated as a petition for the commencement of [~~a disciplinary~~] an adjudicatory hearing. The board shall fairly investigate all complaints to the extent and in the manner warranted by the allegations. Any complaint which fails to state a cause of action may be summarily denied in whole or in part. Some or all of the allegations in a complaint may be consolidated with another complaint or with issues which the board wishes to investigate or hear on its own motion. If an investigation of a complaint results in an offer of settlement by the licensee, the board may settle the allegations against the licensee without the consent of a complainant, provided that material facts are not in dispute and the complainant is given an opportunity to comment upon the terms of the proposed settlement.

VIII. At the commencement of an adjudicatory proceeding, or at any time during a formal or informal investigation, and without issuing a subpoena, the board may mail a statement of the issues being investigated or heard to any licensee or other person who is a proper subject of inquiry and require the licensee or other person to provide a detailed and good faith written response to the allegations identified by the board. The licensee or other person shall provide complete copies of [~~his~~] office records concerning any patient whose treatment is relevant to the matters at issue. The licensee shall respond to such request within a reasonable time period of not less than 15 days, as the board may specify in its written request.

IV. The board may at any time dispose of issues or allegations at an adjudicatory hearing, or an investigation, by default, settlement agreement, or consent order, by issuing an order of dismissal for failing to state a proper basis for disciplinary action [~~or by summary judgment order based upon undisputed material facts~~]. In adjudicatory or disciplinary hearings, the board may hold prehearing conferences which shall be exempt from the provisions of RSA 91-A, but all final adjudicatory or disciplinary actions, including those which occur without holding a public hearing, shall be available to the public.

317-A:18-b Temporary Suspension Where Imminent Threat. In cases involving imminent danger to life or health, the board [~~may~~] shall order suspension of a license or privilege granted under this chapter pending hearing for a period of no more than 60 days. In such cases, the basis for the board's finding of imminent danger to life or health shall be reduced to writing and combined with a hearing notice which complies with [~~RSA 317-A:18-a, II and~~] RSA 541-A:31, III. Notwithstanding the requirements of RSA 541-A:30, III, the board's hearing may commence as much as 30 days after the date of the order suspending the license. If the board does not commence the hearing within 30 days, the suspension order shall be automatically vacated, but a licensee shall be allowed additional time to prepare for or to complete a hearing under this paragraph only by agreeing to a further suspension commensurate with the additional time extended.

5:22 Practice of Dentistry; Reference Corrected. Amend RSA 317-A:20, IV to read as follows:

IV. Such things as the board shall determine to be "dental hygiene" under RSA 317-A:12 or RSA [~~317-A:21~~] 317-A:21-c shall not be deemed to be the practice of dentistry within the meaning of this section.

II. Applications for licensure as a dental hygienist shall be made to the board in writing and shall be accompanied by a fee established by the board and by satisfactory proof that the applicant is a graduate of a school of dentistry or a school of dental hygiene with a minimum of a 2-year program in an institution of higher education, the program of which is accredited by a national accrediting agency recognized by the United States Department of Education and the American Dental Association Commission of Dental Accreditation.

5:24 Certificate of Good Standing. Amend the section heading of RSA 317-A:25 to read as follows:

5:25 Display of Names; Dental Records. RSA 317-A:27 and RSA 317-A:27-a are repealed and reenacted to read as follows:

317-A:27 Display of Names. Any individual engaged in the practice of dentistry shall display at the entrance of his or her place of business the name of the individual practicing dentistry at that place of business.

317-A:27-a Dental Records. Dentists and dental hygienists shall make a record of all examinations and treatments performed or recommended. The record shall be in such a manner and in sufficient detail that it may be used for identification purposes. A dentist shall maintain patients' records for at least 7 years from the time the dentist or dental hygienist last treated the patient. In the case of a minor patient, a dentist shall maintain a patient's dental records for at least 7 years past the age of majority.

5:26 Advertising; Specialists. RSA 317-A:31 is repealed and reenacted to read as follows:

317-A:31 Advertising; Specialists. All advertisements of dental services shall contain the name of the dentist whose services are being advertised and shall state whether each dentist is a general dentist or, if qualified, a specialist in the named area or specialization. This shall include dental practices operating under a trade name. The dentist's name and designation as a general dentist or specialist shall be stated prominently in the advertisement.

317-A:32 False Papers. Any person filing or attempting to file as his or her own the diploma or license of another, or a forged affidavit of identification or qualification, shall be deemed guilty of forgery.

317-A:33 Penalty. Except as otherwise provided, any person who shall practice or attempt to practice dentistry or [~~provide or attempt to provide~~] dental hygiene [~~services~~] in this state without a license or who violates any of the provisions of RSA 317-A shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.