0149-hb 0617

CHAPTER 149

HB 617-FN - FINAL VERSION

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

SPONSORS: Rep. Langley, Rock 88

This bill makes various changes to the law governing the regulation of dentists, including providing for licensure by endorsement and clarifying references to the secretary-treasurer.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

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

149:1 Board Duties; Dental Hygiene Members. Amend RSA 317-A:4, I(b) to read as follows:

(b) [~~The dental hygiene members shall assist the board in matters pertaining to dental hygiene and may examine candidates for dental hygiene licensure.~~] The dental hygiene members shall not examine applicants for the clinical practice of dentistry;

II. The board shall choose one of its members as its president and one of its members as [~~secretary-treasurer~~] vice-president. 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 board's executive 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:18.

149:3 Report, Receipts; Reference to Secretary-Treasurer Changed. Amend RSA 317-A:5 to read as follows:

317-A:5 Report; Receipts. The board shall make a biennial report of its proceedings to the governor and council in October, and all fees and fines received by the board shall be paid monthly by the [~~secretary-treasurer~~] executive secretary to the state treasurer.

149:4 New Section; License by Endorsement. Amend RSA 317-A by inserting after section 7 the following new section:

317-A:7-a License by Endorsement. Licensure by endorsement may be considered by the board for each applicant who holds a current, unrestricted license and registration certificate to practice dentistry or dental hygiene and who submits to the board the required credentials if, for the 3 years immediately preceding the application, the applicant:

I. Has maintained an active dental practice or practiced dental hygiene in one or more states; or

149:5 License; Reference to Secretary-Treasurer Changed. Amend RSA 317-A:10 to read as follows:

317-A:10 License. All licenses issued by the board shall be signed by all the members thereof and attested by its president and [~~secretary-treasurer~~] vice-president.

149:6 Rulemaking; License by Endorsement. Amend RSA 317-A:12, III to read as follows:

III. The qualifications of applicants in addition to those requirements set by statute, including experience requirements for application for license by endorsement;

149:7 Professional Misconduct; Guidelines. Amend the introductory paragraph of RSA 317-A:17, II(g) to read as follows:

(g) Failure to follow the current guidelines of the American Dental Association, as adopted, in whole or in part, by the board, as published in:

149:8 Professional Misconduct; Code of Ethics. Amend RSA 317-A:17, II(j) to read as follows:

(j) Knowingly or willfully violating any provision of this chapter, any substantive rule or order of the dental board, [~~the code of ethics of the New Hampshire Dental Society or the American Dental Association, or~~] any federal, state or local controlled drug law or other federal, state, or local laws or regulations pertaining to the practice of dentistry, and the code of ethics of the American Dental Association as reviewed and approved, in whole or in part, by the board.

149:9 Certificate of Good Standing; Reference to Secretary-Treasurer. Amend RSA 317-A:25 to read as follows:

317-A:25 Certificate of Good Standing. Any one who is licensed to practice dentistry or dental hygiene in this state, and of good professional character, and known to the dental board as such, who desires to change residence to another state, territory or country, shall, upon application to the dental board, receive a special certificate over the signature of the president and [~~secretary-treasurer~~] vice-president of the board, which shall attest such facts, and give the date upon which such person was licensed.

149:10 List of Dentists; Reference to Secretary-Treasurer. Amend RSA 317-A:29 to read as follows:

317-A:29 List of Dentists and Dental Hygienists. Any manager, proprietor, partnership, association, or corporation specified in RSA 317-A:28 shall, within 10 days after demand made by the [~~secretary-treasurer~~] vice-president of the board by registered mail, furnish to the [~~secretary-treasurer~~] vice-president the names and addresses of all persons practicing dentistry or dental hygiene in their or its place of business or under their or its control, together with a sworn statement showing by what license or authority said persons are practicing.

149:11 Disposal of Fines; Reference to Secretary-Treasurer. Amend RSA 317-A:35 to read as follows:

317-A:35 Disposal of Fines. All fines imposed and collected under this chapter shall be paid by the court or justice to the [~~secretary-treasurer~~] executive secretary of the board.