COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 13
(By Senator Bailey)
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[Originating in the Committee on Government Organization;
reported February 7, 2008.]
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A BILL to amend and reenact §30-4-3, §30-4-5, §30-4-6, §30-4-13,
§30-4-14, §30-4-15 and §30-4-21 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §30-4-8a, all relating to the West
Virginia Dental Practice Act; clarifying definitions, powers
of the board, rulemaking and temporary permits; authorizing
dental hygienists practice in public health settings under
public health supervision; providing that a copy of a
complaint to a dentist or dental hygienist be established by
rule; establishing a special volunteer dental license; and
providing civil immunity.
Be it enacted by the Legislature of West Virginia:
That §30-4-3, §30-4-5, §30-4-6, §30-4-13
, §30-4-14
, §30-4-15
and §30-4-21 of the Code of West Virginia, 1931, as amended, be
amended and reenacted; and that said code be amended by adding thereto a new section, designated §30-4-8a, all to read as follows:
ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.
§30-4-3. Definitions.
As used in this article, the following words and terms have
the following meanings, unless the context clearly indicates
otherwise:
(1) "Approved dental hygiene program" means a program that is
approved by the board and is accredited or its educational
standards are deemed by the board to be substantially equivalent to
those required by the Commission on Dental Accreditation of the
American Dental Association.
(2) "Approved dental school, college or dental department of
a university" means a dental school, college or dental department
of a university that is approved by the board and is accredited or
its educational standards are deemed by the board to be
substantially equivalent to those required by the Commission on
Dental Accreditation of the American Dental Association.
(3) "Authorize" means that the dentist is giving permission or
approval to dental auxiliary personnel to perform delegated
procedures in accordance with the dentist's diagnosis and treatment
plan.
(4) "Board" means the West Virginia Board of Dental Examiners;
(5) "Certificate of qualification" means a certificate
authorizing a dentist to practice a specialty.
(6) "Delegated procedures" means those procedures specified by law or by rule of the board and performed by dental auxiliary
personnel under the
direct supervision of a licensed dentist.
(7) "Dental assistant" means a person qualified by education,
training and experience who aids or assists a dentist in the
delivery of patient care in accordance with delegated procedures or
who may perform nonclinical duties in the dental office:
Provided,
That no occupational title other than dental assistant shall be
used to describe this auxiliary.
(8) "Dental auxiliary personnel" or "auxiliary" means dental
hygienists and dental assistants who assist the dentist in the
provision of oral health care services to patients.
(9) "Dental hygienist" means a person licensed by the board
who provides preventative oral health care services to patients in
the dental office
and in a public health setting:
Provided, That
no occupational title other than dental hygienist may be used to
describe this auxiliary.
(10) "Dental laboratory" means a dental laboratory as defined
in section one, article four-b of this chapter.
(11) "Dental office" means the place where the licensed
dentist and dental auxiliary personnel are practicing dentistry.
(12) "Dental prosthesis" means an artificial appliance
fabricated to replace one or more teeth or other oral or peri-oral
structure in order to restore or alter function or aesthetics.
(13) "Dentist" means an individual licensed by the board to
practice dentistry.
(14) "Dentistry" means the evaluation, diagnosis, prevention and treatment of diseases, disorders and conditions of the oral
cavity, maxillofacial area and the adjacent and associated
structures provided by a dentist.
(15) "Direct supervision" means supervision of dental
auxiliary personnel provided by a licensed dentist who is
physically present in the dental office
or treatment facility when
procedures are being performed.
(16) "General supervision" means a dentist is not required to
be in the office or treatment facility when procedures are being
performed by the auxiliary dental personnel, but has personally
diagnosed the condition to be treated, has personally authorized
the procedures and will evaluate the performance of the auxiliary
dental personnel.
(16) (17) "Good moral character" means a lack of history of
dishonesty.
(17) (18) "License" means a license to practice dentistry or
dental hygiene.
(18) (19) "Licensee" means a person holding a license.
(20) "Public health supervision" means a dentist is not
required to be in the treatment facility when procedures are being
performed by a dental hygienist, licensed under the provisions of
this article, in a public health setting.
(21) "Public health setting" means hospitals, schools,
correctional facilities, jails, community clinics, long-term care
facilities, nursing homes, home health agencies, group homes, state
institutions under the West Virginia Department of Health and Human Resources, public health facilities, homebound settings,
accredited dental hygiene education programs, and any other place
designated by the board by rule.
(19) (22) "Specialty" means the practice of a certain branch
of dentistry.
§30-4-5. Powers of the board.
The board has all the powers set forth in article one of this
chapter and in addition may:
(1) Sue and be sued in its official name as an agency of this
state;
(2) Hire, fix the compensation of and discharge the employees
necessary to enforce the provisions of this article;
(3) Examine and determine the qualifications of any applicant
for a license;
(4) Examine and determine the qualifications of any applicant
for a certificate of qualification;
(5) Issue, renew, deny, suspend, revoke,
limit or reinstate
licenses and discipline licensees;
(6) Issue, renew, deny, suspend, revoke,
limit or reinstate
certificates of qualification and discipline holders of a
certificate of qualification;
(7) Investigate alleged violations of the provisions of this
article and article four-b of this chapter, reasonable regulations
promulgated hereunder and orders and final decisions of the board;
(8) Conduct hearings upon charges calling for discipline of a
licensee or revocation or suspension of a license;
(9) Propose rules in accordance with the provisions of article
three, chapter twenty-nine-a of this code to implement the
provisions of this article; and
(10) Take all other actions necessary and proper to effectuate
the purposes of this article.
§30-4-6. Rule-making authority.
(a) The board shall propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code to implement the provisions of this
article including, but not limited to, the following:
(1) The examinations administered under this article;
(2) Issuing and renewing a license;
(3) Issuing temporary permits, teaching permits and dental
intern or resident permits;
(4) Specialities that a dentist may practice;
(5) Issuing and renewing a certificate of qualification;
(6) Denying, suspending, revoking, reinstating or limiting the
practice of a licensee or certificate of qualification;
(7) Continuing education requirements for licensees;
(8) Delegated procedures to be performed by a dental
hygienist;
(9) Establishing the services and procedures of direct
supervision, general supervision and public health supervision;
(9) (10) Delegated procedures to be performed by a dental
assistant;
(10) (11) Use of firm or trade names;
(11) (12) Dental corporations; and
(12) (13) Professional conduct requirements.
(b) All rules in effect on the effective date of this article
shall remain in effect until they are withdrawn, revoked or
amended.
§30-4-8a. Special volunteer dental license; civil immunity for
voluntary services rendered to indigents.
(a) Commencing the first day of July, two thousand eight, the
board may issue a special volunteer dental license without the
payment of any application fee, license fee or renewal fee, to a
dentist:
(1) Who is retired or retiring from the active practice of
dentistry; and
(2) Who is licensed or otherwise eligible for licensure under
the provisions of this article and the rules promulgated
thereunder.
(b) The special volunteer dental license may be issued for a
fiscal year or part of a fiscal year, and is renewable annually.
(c) The practice of dentistry under a special volunteer dental
license is limited to a donation of dental care for treatment of
indigent and needy patients in a clinical setting in clinics
organized, in whole or in part, for the delivery of health care
services without charge.
(d) The board shall develop application forms for the special
volunteer dental license that contain the dentist's acknowledgment that:
(1) The dentist's practice under the special volunteer dental
license will be exclusively and totally devoted to providing dental
care to needy and indigent persons in West Virginia;
(2) The dentist will not receive any payment or compensation,
either direct or indirect, or have the expectation of any payment
or compensation, for any dental services rendered under the special
volunteer dental license;
(3) The dentist will supply any supporting documentation that
the board may reasonably require; and
(4) The dentist agrees to continue to participate in
continuing dental education as required of dentists in active
practice.
(e) Any dentist who renders any dental service to indigent and
needy patients of a clinic organized, in whole or in part, for the
delivery of health care services without charge under a special
volunteer dental license without payment or compensation or the
expectation or promise of payment or compensation is immune from
liability for any civil action arising out of any act or omission
resulting from the rendering of the dental service at the clinic
unless the act or omission was the result of the dentist's gross
negligence or willful misconduct.
(f) For the immunity under this section to apply, there must
be a written agreement between the dentist and the clinic stating
that the dentist will provide voluntary uncompensated dental
services under the control of the clinic to patients of the clinic before the rendering of any services by the dentist at the clinic:
Provided, That any clinic entering into a written agreement is
required to maintain liability coverage of not less than one
million dollars per occurrence.
(g) Notwithstanding the provisions of subsections (e) and (f)
of this section, a clinic organized, in whole or in part, for the
delivery of health care services without charge is not relieved
from imputed liability for the negligent acts of a dentist
rendering voluntary dental services at or for the clinic under a
special volunteer dental license.
(h) For purposes of this section, "otherwise eligible for
licensure" means the satisfaction of all the requirements for
licensure set forth in the provisions of this article and the rules
promulgated thereunder, except the requirement of fees.
(i) This section does not require the board to issue a special
volunteer dental license to any dentist whose dental license is or
has been subject to any disciplinary action or to any dentist who
has surrendered a dental license or caused such license to lapse,
expire and become invalid in lieu of having a complaint initiated
or other action taken against his or her dental license, or who has
elected to place a dental license in inactive status in lieu of
having a complaint initiated or other action taken against his or
her dental license, or who have been denied a dental license.
(j) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any dentist covered under the provisions of this article shall be read so as to contain a provision or endorsement whereby the
company issuing the policy waives or agrees not to assert as a
defense on behalf of the policyholder or any beneficiary of the
policy, to any claim covered by the terms of the policy within the
policy limits, the immunity from liability of the insured by reason
of the care and treatment of needy and indigent patients by a
dentist who holds a special volunteer dental license.
§30-4-13. Temporary permits; dental intern or resident permit;
teaching permit; dentist.
(a) The board
shall may issue a temporary permit to practice
dentistry to an applicant who:
(1) Has graduated from an approved dental college, school or
dental department of a university with a degree in dentistry;
(2) Has been offered employment under the direct supervision
of a licensed dentist;
(3) Has not taken the examination required to be granted a
license to practice dentistry;
(4) (3) Has paid the application fee specified by rule; and
(5) (4) Meets the other qualifications specified by rule by
the board,
in accordance with the provisions of this article.
(b) A temporary permit to practice dentistry may not be
renewed and expires on the earlier of:
(1) The date the dentist ceases to be under the direct
supervision of a licensed dentist; or
(2) Sixty days after
the date that the first examination required by rule for a license to practice dentistry is
administered issuance.
(c) The board shall issue a dental intern or dental resident
permit to an applicant who meets the qualifications set forth in
subdivisions (1), (3)
and (4)
and (5) of subsection (a) of this
section and who has been accepted as a dental intern or dental
resident by a licensed hospital or dental school in this state
which maintains an established dental department under the
supervision of a licensed dentist.
(d) The dental intern or dental resident permit may
not be
renewed and expires on the earlier of:
(1) The date the permit holder ceases to be a dental intern or
dental resident; or
(2) One year after the date of issue.
(e) The board shall issue a teaching permit to an applicant
who meets the qualifications set forth in subdivisions (1), (3)
and
(4),
and (5) subsection (a) of this section and who has been
certified by the dean of a dental school located in this state to
be a member of the teaching staff of the dental school.
(f) A teaching permit is valid for one year from the date of
issue and may be renewed.
(g) While in effect, a temporary permit to practice dentistry,
a permit to practice as a dental intern or dental resident and a
teaching permit are subject to the restrictions and requirements
imposed by this article. In addition, the holder of a permit to
practice as a dental intern or dental resident may not receive any fee for service other than a salary paid by the hospital or dental
school and the holder of a teaching permit may only practice
dentistry within the facilities of the dental school.
§30-4-14. Temporary permits; teaching permit; dental hygienist.
(a) The board may issue a temporary permit to practice dental
hygiene to an applicant who:
(1) Has graduated from an approved dental hygiene program of
a college, school or dental department of a university with a
degree in dental hygiene;
(2) Has been offered employment as a dental hygienist;
(3) Has not taken the examination required to be granted a
dental hygiene license;
(4) (3) Has paid the application fee specified by rule; and
(5) (4) Meets the other qualifications specified by rule by
the board,
in accordance with the provisions of this article.
renewed and expires on the earlier of:
(1) The date the dental hygienist ceases to be employed; or
(2) Sixty days after
the date that the first dental hygiene
examination required by rule for a dental hygiene license is
administered issuance.
(c) The board may issue a teaching permit to an applicant who
meets the qualifications set forth in subdivisions (1), (3)
and
(4),
and (5) subsection (a) of this section and who has been
certified by the dean of a dental school located in this state to
be a member of the teaching staff of the dental school.
(d) A teaching permit is valid for one year from the date of issue and may be renewed.
(e) While in effect, a temporary permit to practice dental
hygiene and a teaching permit are subject to the restrictions and
requirements imposed by this article. In addition, the holder of
a teaching permit may only practice dental hygiene within the
facilities of the dental school.
§30-4-15. Scope of practice; dentist.
The practice of dentistry includes the following:
(1) Coordinating dental services to meet the oral health needs
of the patient;
(2) Examining, evaluating and diagnosing diseases, disorders
and conditions of the oral cavity, maxillofacial area and adjacent
and associated structures;
(3) Treating diseases, disorders and conditions of the oral
cavity, maxillofacial area and the adjacent and associated
structures;
(4) Providing services to prevent diseases, disorders and
conditions of the oral cavity, maxillofacial area and the adjacent
and associated structures;
(5) Fabricating, repairing or altering a dental prosthesis;
(6) Administering
general anesthesia
and parenteral conscious
sedation in accordance with the provisions of article four-a of
this chapter;
(7) Prescribing drugs necessary for the practice of dentistry;
(8) Executing and signing a death certificate when it is
required in the practice of dentistry;
(9) Employing and supervising dental auxiliary personnel;
(10) Authorizing delegated procedures to be performed by
dental auxiliary personnel; and
(11) Performing any other work included in the curriculum of
an approved dental school, college or dental department of a
university.
§30-4-21. Complaints; investigations.
(a) Upon receipt of a written complaint filed against any
dentist or dental hygienist, the board shall provide a copy of the
complaint to the dentist or dental hygienist
as specified by
legislative rule promulgated by the board.
(b) The board may investigate the complaint. If the board
finds upon investigation that probable cause exists that the
dentist or dental hygienist has violated any provision of this
article or the rules, the board shall serve the dentist or dental
hygienist with a written statement of charges and a notice
specifying the date, time and place of hearing. The hearing shall
be held in accordance with section twenty-two of this article.