HB0149 - Dental hygienist amendments.
|
2001 |
State of Wyoming |
01LSO-0026 |
HOUSE BILL NO. HB0149
Dental hygienist amendments.
Sponsored by: Representative(s) Illoway, Esquibel, Law,
Morgan, Ross,
Samuelson and Simpson and
Senator(s) Hanes,
Mockler, Schiffer and
Vasey
A BILL
for
1 AN ACT relating to
dentists and dental hygienists;
2
specifying procedures constituting the practice of dental
3
hygiene; modifying qualifications for licensure; specifying
4
continuing education requirements; modifying membership of
5 the
board of dental examiners; repealing prohibition on
6
dental hygienist members of the board acting on matters of
7
dentist licensing; and providing for an effective date.
8
9 Be It Enacted by the Legislature of the State of Wyoming:
10
11 Section 1. W.S. 33-15-131 is created to read:
12
13 33-15-131. Continuing education requirements.
14
Page 1
1 For licensure renewal, a
dental hygiene licensee shall
2
complete thirty (30) hours of qualified continuing
3
professional educational requirements within a three (3)
4
year period, including cardiopulmonary resuscitation (CPR)
5
certification or recertification, according to rules and
6
regulations established by the board.
7
8 Section
2. W.S. 33-15-101(a), (c) and (e), 33-15-119,
9 33-15-120 and 33-15-128(a)(v) and by creating a new
10 paragraph (xvii) and amending and
renumbering paragraph
11 (xvii) as (xviii) are amended to
read:
12
13 33-15-101. Board of dental examiners; generally.
14
15 (a) The board
shall carry out the purposes and
16 enforce the provisions of this act. The
board shall consist
17 of six (6) eight (8) members appointed by the governor with
18 the advice and consent of the state senate.
Appointments
19 made between sessions of the legislature
shall be made in
20 accordance with W.S. 28-12-101. The interim
appointments
21 are not considered a term for the purposes
of subsection
22 (c) of this section, relating to
reappointment to the
23 board.
24
Page 2
1 (c) No person
is eligible to membership on the board
2 as a dentist or dental hygienist who is not
legally
3
qualified to practice; who has not engaged in the active
4
practice of dentistry or dental hygiene
in the state of
5 Wyoming
for at least five (5) continuous years immediately
6
prior to appointment; who does not at the time of his
7
appointment hold a certificate entitling him to practice
8
dentistry or a dental hygiene license
in the state of
9
Wyoming; and who is not a resident of the state of Wyoming.
10 One (1) Two (2) appointed members of the board shall be
11 dental hygienists who has have the qualifications provided
in this act are licensed to practice dental hygiene in the
13 state of Wyoming.
One (1) member of the board shall be a
14 public member and
resident of the state of Wyoming. The
15 remaining five
(5) members of the board shall be dentists
16 certified to
practice in the state of Wyoming. No member
17 shall succeed himself in office for more
than two (2)
18 successive terms.
19
20 (e) Appointments
by the governor to the board shall
21 be made from a list of recommended names
submitted by the
22 Wyoming Dental Association and Wyoming
Dental Hygiene
24
Page 3
1 (i) The Wyoming
Dental Association shall,
2
through its secretary, present to the governor within
3
fifteen (15) days after its regular annual meeting a list
4 of
the names of not less than ten (10) candidates from
5
which appointments for vacancies on the board occurring
6
during the ensuing year shall be made; and
7
8 (ii) The Wyoming
Dental Hygiene Hygienists'
9
Association shall, through its secretary, present to the
10 governor within fifteen (15) days after its
regular annual
11 meeting a list of not less than three (3)
candidates from
12 which appointments for vacancies on the
board occurring
13 during the ensuing year shall be made;.
14
15 (iii) The public member shall not be a dentist
16 or
dental hygienist, applicant or former applicant for
17 licensure
or certification under this act or member of a
18 household
that includes a person licensed as a dentist or
19 dental
hygienist under this act. Before appointing a public
20 member
to the board the governor shall solicit a list of
21 nominations
from the Wyoming Dental Association and the
22 Wyoming
Dental Hygienists' Association, but is not limited
23 to
appointing the public member from that list. The
Page 4
1 appointment shall be with the advice and consent of the
2 senate in accordance with W.S. 28-12-101
through 28-12-103.
3
4 33-15-119. Dental hygienists; generally.
5
6 (a) Any dentist
authorized to practice dentistry
7 within
the state may employ dental hygienists who shall be
8
examined and possess the qualifications provided in this
9
act.
10
11 (b) A dental
hygienist may remove calcareous
deposits,
accretions and stains from the teeth and may
perform
any services for a patient which are consistent
with
what dental hygienists are trained to do in accredited
dental
hygiene schools. perform the practice of
dental
16 hygiene,
which means the removal of any and all hard or
17 soft
deposits from supragingival and subgingival surfaces
18 and
related duties including root planing, periodontal
19 probing,
soft tissue curettage, development of a dental
20 hygiene
treatment plan for the review of a dentist and may
21 perform
any services which are consistent with what dental
22 hygienist
are trained to do in an accredited dental hygiene
23 program.
24
Page 5
1 (c) Dental hygienists shall not may
perform any other
operation on the teeth or mouth and
shall be regulated by
the additional services delegated by a supervising dentist
4 unless prohibited by rules
and regulations promulgated by
5 the
board. The above services specified in subsection (b)
6 of this section or authorized under this subsection
shall
7 be
performed under the supervision of a licensed dentist.
8 If
the dental hygienist has been educated in expanded
9 duties
as a student in a dental hygiene program accredited
10 by the commission on dental accreditation of
the American
11 Dental Association, or as a student in a
continuing
12 education course which had the prior
approval of the board,
13 he may be permitted to engage in those
duties after the
14 hygienist has received an expanded duties
certificate from
15 the board issued after appropriate
examination to test the
16 applicant's qualifications. Dental
hygienists shall
17 practice in the office of any licensed
dentist, or in any
18 public or private institution under the
supervision of a
19 licensed dentist. The board may revoke or
suspend the
20 license of any dental hygienist for
violating any provision
21 hereof of this act, and may revoke or suspend the license
22 of any dentist who permits any dental
hygienist operating
23 under his supervision to perform any
operations other than
24 those permitted under this act.
Page 6
1
2 33-15-120. Dental hygienists;
qualifications;
3 examination; fees and
license.
4
5 (a) Any person
of good moral character who is a
6
graduate of an American Dental Association accredited
7 school for dental hygienists,
hygiene program, upon payment
8 of
a fee set annually by the board, may be examined by
the
board on the subjects prescribed and taught in accredited
colleges or
universities offering courses leading to the
certificate or
degree of dental hygienist. At the
discretion of
the board, the examination of the national
board of dental
examiners may be accepted in lieu of the
written
examination, together with a clinical examination
approved by the
board. If the applicant has received
training in
expanded duties and intends to perform those
expanded duties
he shall qualify by examination covering
those expanded
areas and receive an expanded duties
certificate from
the board listing these services. Expanded
duties
certificates shall be issued after the applicant has
successfully
completed a written examination approved by
the board
covering those expanded duties together with a
clinical
examination approved by the board. If the
applicant fails
to pass either examination, the applicant
Page 7
1 may take another examination at the next regular
examination meeting upon the payment
of a fee set annually
by the board. apply for licensure after meeting the
4 following requirements:
5
6 (i) Successfully pass a
regional or state
7 clinical examination approved by the
board;
8
9 (ii) Successfully
complete and provide
10 certification
from a Dental Hygiene National Board
11 examination
administered by the Joint Commission on
12 National
Dental Examinations;
13
14 (iii) Pass a written test on the Wyoming Dental
15 Practice
Act and the board's rules and regulations; and
16
17 (iv) Provide current CPR certification.
18
19 (b) The board may grant a dental hygiene license to a
20 dental
hygienist currently licensed in good standing in
21 another
state or United States territory without requiring
22 additional
clinical examination if the applicant meets the
23 requirements
of the rules and regulations promulgated by
24 the
board.
Page 8
1
2 (c) If the applicant
has received training in
3 expanded duties and intends to perform
those expanded
4 duties he shall qualify by examination
covering those
5 expanded areas and receive an expanded
duties certificate
6 from the board listing these services.
Expanded duties
7 certificates shall be issued after the
applicant has
8 successfully completed a written
examination approved by
9 the board covering those expanded
duties together with a
10 clinical
examination approved by the board. If the
11 applicant
fails to pass either examination, the applicant
12 may
take another examination at the next regular
13 examination
meeting upon the payment of a fee set annually
14 by
the board.
15
16 (b)(d) If the applicant fails the board
examination
17 three (3) times, he shall show evidence of
additional
18 education to the satisfaction of the board
before he may be
19 reexamined.
20
21 (c)(e) If the applicant successfully passes the
22 examinations, the applicant shall be
licensed as a dental
23 hygienist. If the expanded duties applicant
has
24 successfully passed the expanded duties
examination the
Page 9
1
applicant shall be certified in those expanded duties. The
2
certificate issued by the board shall list the expanded
3
duties which the hygienist is qualified and permitted to
4
perform. On or before December 31 each year, each dental
5
hygienist licensed to practice dental hygiene, upon receipt
6 of
written notice, shall transmit to the secretary of the
7
board his name and address, together with a fee set by the
8
board and the number of his registration certificate, and
9 receive a renewal license certificate. The renewal
10 certificate shall at all times be properly
displayed in the
11 office of the one who is named as holder of
the license and
12 no person is deemed in legal practice who
does not possess
13 a renewal certificate. Any license granted
by the board
14 shall be cancelled after ten (10) days
notice by registered
15 mail if the holder fails to secure the
renewal certificate
16 within three (3) months after December 31
each year. Any
17 license cancelled may be restored by the
board upon payment
18 of a fee set annually by the board, if paid
by December 31
19 of that year.
20
21 (d)(f) Five (5) years after July 1, 1981, any
dental
22 hygienist whose application for renewal
indicates that he
23 has not actively practiced dental hygiene or
engaged in
24 teaching dental hygiene for the preceding
five (5) years
Page 10
1
shall be issued a renewal certificate by the board only
2
after a hearing and upon notice to the applicant, wherein
3 the
applicant demonstrates to the board that he has
4
maintained the qualifications set forth in this act. No
5
reexamination is required unless the board finds good cause
6 to
believe that the person has not maintained the
7
professional ability and knowledge required of an original
8
licensee of this act.
9
10 (g) Any person licensed to practice dental hygiene
11 pursuant
to this act may, after application to the board,
12 be
transferred to an inactive status. The application shall
13 be
in the form and manner designated by the board. The
14 board
may grant inactive status by issuing an inactive
15 license
or it may deny the application pursuant to W.S.
16 33-15-121.
17
18 (h) To regain active status a dental hygienist on
19 inactive
status shall meet the requirements of rules and
20 regulations
promulgated by the board.
21
22 33-15-128. Definitions.
23
24 (a) As used in this act:
Page 11
1
2 (v) "Dental
hygienist" means a person who is
3 supervised by a dentist and is licensed to render the
educational, preventive and thrapeutic dental services
defined in this act, as well as any extraoral procedure
required in the practice of a dental hygienist's duties a
7 graduate of an accredited dental hygiene program, who is
8 licensed to practice dental hygiene and to perform such
9 additional services as are permitted by this act or have
10 been delegated by
a supervising dentist and not prohibited
11 by the rules and
regulations promulgated by the board and
12 who is
accountable for the quality of patient care
13 rendered;
14
15 (xvii) "Accredited dental hygiene program" means
16 a
dental hygiene program accredited by the American Dental
17 Association
Commission on Dental Accreditation which
18 consists
of a minimum of two (2) academic years of dental
19 hygiene
curriculum and is offered by a college or
20 institution
of higher learning.
21
22 (xvii)(xviii) "This act" means W.S. 33-15-101
23 through 33-15-130
33-15-132 and may be cited as
the
24 "Wyoming Dental Practice Act".
Page 12
1
2 Section 3. W.S. 33-15-101(g) is repealed.
3
4 Section 4. This act is effective July 1, 2001.
5
6 (END)
Page 13