CHAPTER 155 SENATE BILL No. 160 An Act concerning the dental practices act; relating to licensure and fees; amending K.S.A.
2000 Supp. 65-1431, 65-1447 and 65-1456 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2000 Supp. 65-1431 is hereby amended to read as
follows: 65-1431. (a) On or before December 1 of each even-numbered
year, each licensed dentist shall transmit to the secretary of the board a
renewal application, upon a form prescribed by the board, which shall
include such licensee's signature, post-office address, office address, the
number of the license of such licensee, whether such licensee has been
engaged during the preceding licensure period in active and continuous
practice, whether within or without this state, and such other information
as may be required by the board, together with the biennial licensure fee
for dentists which is fixed by the board pursuant to K.S.A. 65-1447 and
amendments thereto.

      (b) On or before December 1 of each odd-numbered year, each den-
tal hygiene licensee of the Kansas dental board shall transmit to the sec-
retary of the board a renewal application, upon a form prescribed by the
board, which shall include such licensee's signature, post office address,
the number of the license of such licensee, whether such licensee has
been engaged during the preceding licensure period in active and con-
tinuous practice whether within or without this state, and such other
information as may be required by the board, together with the biennial
licensure fee for a dental hygienist which is fixed by the board pursuant
to K.S.A. 65-1447 and amendments thereto.

      (c) The board shall require every licensee to submit with the renewal
application evidence of satisfactory completion of a program of continuing
education required by the board. The board by duly adopted rules and
regulations shall establish the requirements for such program of contin-
uing education as soon as possible after the effective date of this act. In
establishing such requirements the board shall consider any existing pro-
grams of continuing education currently being offered to such licensees.

      (d) Upon fixing the biennial license renewal fee, the board shall im-
mediately notify all licensees of the amount of the fee for the ensuing
licensure period. Upon receipt of such fee and upon receipt of evidence
that the licensee has satisfactorily completed a program of continuing
education required by the board, the licensee shall be issued a renewal
license authorizing the licensee to continue to practice in this state for a
period of two years.

      (e)  (1) Any license granted under authority of this act shall automat-
ically be canceled if the holder thereof fails to apply for and obtain re-
newal prior to March 1 of the year following the December in which a
renewal application is due.

      (2) Any licensee whose license is required to be renewed for the next
biennial period may obtain renewal, prior to February 1, by submitting
to the board the required renewal application, payment of the biennial
renewal fee and proof that such licensee has satisfactorily completed a
program of continuing education required by the board. Any licensee
whose license is required to be renewed for the next biennial period may
obtain renewal, between February 1 and March 1, by submitting to the
board the required renewal application, payment of the biennial renewal
fee, payment of a penalty fee of not to exceed $500 as fixed by rules and
regulations by the board and proof that such licensee has satisfactorily
completed a program of continuing education required by the board. The
penalty fee in effect immediately prior to the effective date of this act
shall continue in effect until rules and regulations establishing a penalty
fee under this section become effective.

      (f) Upon failure of any licensee to pay the applicable renewal fee or
to present proof of satisfactory completion of the required program of
continuing education by February 1 of the year following the December
in which a renewal application is due, the board shall notify such licensee,
in writing, by mailing notice to such licensee's last registered address.
Failure to mail or receive such notice shall not affect the cancellation of
the license of such licensee.

      (g) The board may waive the payment of biennial fees and the con-
tinuing education requirements for the renewal of licenses without the
payment of any fee for a person who has held a Kansas license to practice
dentistry or dental hygiene if such licensee has retired from such practice
or has become temporarily or permanently disabled and such licensee
files with the board a certificate stating either of the following:

      (1) A retiring licensee shall certify to the board that the licensee is:
(A) At least 65 years of age and has retired from the active practice of
dentistry or dental hygiene; and (B) not engaged, except as provided in
K.S.A. 2000 Supp. 65-1466 and amendments thereto, in the provision of
any dental service, the performance of any dental operation or procedure
or the delivery of any dental hygiene service as defined by the statutes of
the state of Kansas; or

      (2) a disabled licensee shall certify to the board that such licensee is
no longer engaged in the provision of dental services, the performance
of any dental operation or the provision of any dental hygiene services as
defined by the statutes of the state of Kansas by reason of any physical
disability, whether permanent or temporary, and shall describe the nature
of such disability.

      (h) The waiver of fees under subsection (g) shall continue so long as
the retirement or physical disability exists. Except as provided in K.S.A.
2000 Supp. 65-1466 and amendments thereto, in the event the licensee
returns to the practice for which such person is licensed, the requirement
for payment of fees and continuing education requirements shall be reim-
posed commencing with and continuing after the date the licensee re-
turns to such active practice. Except as provided in K.S.A. 2000 Supp.
65-1466 and amendments thereto, the performance of any dental service,
including consulting service, or the performance of any dental hygiene
service, including consulting service, shall be deemed the resumption of
such service, requiring payment of license fees.

      (i) The Kansas dental board may adopt such rules and regulations
requiring the examination and providing means for examination of those
persons returning to active practice after a period of retirement or disa-
bility as the board shall deem necessary and appropriate for the protection
of the people of the state of Kansas except that for an applicant to practice
dental hygiene who is returning to active practice after a period of re-
tirement or disability, the board shall authorize as an alternative to the
requirement for an examination that the applicant successfully complete
a refresher course as defined by the board in an approved dental hygiene
school.

      Sec.  2. K.S.A. 2000 Supp. 65-1447 is hereby amended to read as
follows: 65-1447. (a) On or before October 1 of each year, the Kansas
dental board shall determine the amount of funds which will be required
during the ensuing fiscal year to properly administer the laws which the
board is directed to enforce and administer and shall fix fees in accord-
ance with this section in such reasonable sums as may be necessary for
such purposes, within the limitations prescribed by subsection (b).

      (b) The board shall collect fees provided for in this act as follows:

Examination fee for dental applicants--not more than	$100 $125
Subsequent examination fee for dental applicants--not more than	50 65
Examination fee for specialty qualifications--not more than	100 125
Credentials/qualifications fee--not more than	100 125
Duplicate certificate fee--not more than	10 15
Certificate fee, including certificate for credentials/qualifications, for dentists and dental hygienists--not more than	10 15
Biennial license renewal fee for dentists--not more than	200 250
Examination fee for dental hygienist applicants--not more than	50 65
Subsequent examination fee for dental hygienist applicants--not more than	50 65
Biennial license renewal fee for dental hygienists--not more than	100 125
Reinstatement of a revoked license--not more than	1,000

      (c) The amounts of fees in effect on the day preceding the effective
date of this act and the act of which this section is amendatory shall remain
in effect until fixed in different amounts by the board under this section.
The board may adopt rules and regulations for the proration of fees for
a license issued for a period of time less than the biennial licensure period.

      Sec.  3. K.S.A. 2000 Supp. 65-1456 is hereby amended to read as
follows: 65-1456. (a) The board may suspend or revoke the license of any
dentist who shall permit any dental hygienist operating under such den-
tist's supervision to perform any operation other than that permitted un-
der the provisions of article 14 of chapter 65 of the Kansas Statutes An-
notated, or acts amendatory thereof, and may suspend or revoke the
license of any hygienist found guilty of performing any operation other
than those permitted under article 14 of chapter 65 of the Kansas Statutes
Annotated, or acts amendatory thereof. No license of any dentist or dental
hygienist shall be suspended or revoked in any administrative proceedings
without first complying with the notice and hearing requirements of the
Kansas administrative procedure act.

      (b) The practice of dental hygiene shall include those educational,
preventive, and therapeutic procedures which result in the removal of
extraneous deposits, stains and debris from the teeth and the rendering
of smooth surfaces of the teeth to the depths of the gingival sulci. In-
cluded among those educational, preventive and therapeutic procedures
are the instruction of the patient as to daily personal care, protecting the
teeth from dental caries, the scaling and polishing of the crown surfaces
and the planing of the root surfaces, in addition to the curettage of those
soft tissues lining the free gingiva to the depth of the gingival sulcus and
such additional educational, preventive and therapeutic procedures as the
board may establish by rules and regulations.

      (c) Subject to such prohibitions, limitations and conditions as the
board may prescribe by rules and regulations, any licensed dental hy-
gienist may practice dental hygiene and may also perform such dental
service as may be performed by a dental assistant under the provisions of
K.S.A. 65-1423 and amendments thereto.

      (d) Except as otherwise provided in this section, the practice of dental
hygiene shall be performed under the direct or general supervision of a
licensed dentist at the office of such licensed dentist. The board shall
designate by rules and regulations the procedures which may be per-
formed by a dental hygienist under direct supervision and the procedures
which may be performed under general supervision of a licensed dentist.
As used in this section: (1) ``Direct supervision'' means that the dentist is
in the dental office, personally diagnoses the condition to be treated,
personally authorizes the procedure and before dismissal of the patient
evaluates the performance; and (2) ``general supervision'' means a Kansas
licensed dentist may delegate verbally or by written authorization the
performance of a service, task or procedure to a licensed dental hygienist
under the supervision and responsibility of the dentist, if the dental hy-
gienist is licensed to perform the function, and the supervising dentist
examines the patient at the time the dental hygiene procedure is per-
formed, or during the 12 calendar months preceding the performance of
the procedure, except that the licensed hygienist shall not be permitted
to diagnose a dental disease or ailment, prescribe any treatment or a
regimen thereof, prescribe, order or dispense medication or perform any
procedure which is irreversible or which involves the intentional cutting
of the soft or hard tissue by any means. A dentist is not required to be
on the premises at the time a hygienist performs a function delegated
under part (2) of this subsection.

      (e) The practice of dental hygiene may be performed at an adult care
home, hospital long-term care unit, state institution, local health depart-
ment or indigent health care clinic on a resident of a facility, client or
patient thereof so long as:

      (1) A licensed dentist has delegated the performance of the service,
task or procedure;

      (2) the dental hygienist is under the supervision and responsibility of
the dentist;

      (3) either the supervising dentist is personally present or the services,
tasks and procedures are limited to the cleaning of teeth, education and
preventive care;

      (4) the supervising dentist examines the patient at the time the dental
hygiene procedure is performed or has examined the patient during the
12 calendar months preceding performance of the procedure; and

      (5) nothing in this subsection (e) shall be construed to prevent a den-
tal hygienist from providing dental education in a school setting.

      (f) The board may issue a permit to a licensed dental hygienist to
provide dental screening as an employee of the state of Kansas, or any
subdivision thereof, at any public institution or facility under the super-
vision of the governing body of such public institution or facility under
such terms and conditions as the board may reasonably establish in such
permit. Such permit shall be for a period of one year and shall be subject
to renewal annually at the time the license for dental hygiene is renewed.

      (g) In addition to the duties specifically mentioned in subsection (b)
of K.S.A. 65-1456, and amendments thereto, any duly licensed dental
hygienist may:

      (1) Give fluoride treatments as a prophylactic measure, as defined by
the United States public health service and as recommended for use in
dentistry;

      (2) remove overhanging restoration margins and periodontal surgery
materials by hand scaling instruments; and

      (3) administer local block and infiltration anaesthesia and nitrous ox-
ide. (A) The administration of local anaesthesia shall be performed under
the direct supervision of a licensed dentist. (B) Each dental hygienist who
administers local anaesthesia shall have completed courses of instruction
in local anaesthesia and nitrous oxide which have been approved by the
board.

      (h)  (1) The courses of instruction required in subsection (g)(3)(B) of
K.S.A. 65-1456, and amendments thereto, shall provide a minimum of 12
hours of instruction at a teaching institution accredited by the American
dental association.

      (2) The courses of instruction shall include courses which provide
both didactic and clinical instruction in: (A) Theory of pain control; (B)
anatomy; (C) medical history; (D) pharmacology; and (E) emergencies
and complications.

      (3) Certification in cardiac pulmonary resuscitation shall be required
in all cases.

 Sec.  4. K.S.A. 2000 Supp. 65-1431, 65-1447 and 65-1456 are hereby
repealed.
 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 9, 2001.
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