hb 0387

CHAPTER 178

HB 387 - FINAL VERSION

AN ACT relative to the regulation of dentistry by the board of dental examiners.

SPONSORS: Rep. Dyer, Hills 8

This bill makes changes regarding foreign dental school graduate applications, lapsing of certain licenses, board powers concerning unannounced inspections, and public availability of final adjudicatory actions.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 regulation of dentistry by the board of dental examiners.

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

178:1 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: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~~] the registration year.

178:3 Investigatory Powers; Unannounced Inspections. Amend RSA 317-A:18, I to read as follows:

I. The board may investigate possible misconduct by licensees and any other matters governed by the provisions of this chapter. Investigations may be conducted with or without the issuance of a board order setting forth the general scope of the investigation, and with or without prior notification to the licensee. An investigation may include unannounced inspections of the licensee's practice location when deemed necessary to determine day-to-day practices or to prevent evidence from being hidden, altered, or destroyed. Board investigations and any information obtained by the board pursuant to such investigations shall be exempt from the public disclosure provisions of RSA 91-A, unless such information subsequently becomes the subject of a public disciplinary hearing. However, the board may disclose information obtained in an investigation to law enforcement or health licensing agencies in this state or any other jurisdiction, or in accordance with specific statutory requirements or court orders.

178:4 Disciplinary Actions; Public Information. Amend RSA 317-A:18-a, IV to read as follows:

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. 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.