Administrative Rule Review Report  #AR08-082

Legislative Service Office

08-Oct-08

AGENCY: Board of Dental Examiners.

DATE SUBMITTED: October 8, 2008.

SUBJECT: Chapter 10, Fees.

NATURE OF RULES:                     Legislative.

STATUTORY AUTHORITY:         W.S. 33-15-108(h).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:  

These rules increase fees for the dental examination, annual dental license renewal, anesthesia permit, hygiene examination and hygiene license renewal.  The rules also simplify the fees for dental hygienists by charging a single fee for renewal and eliminating the fees for an expanded functions application and expanded function renewal.  The rules also clarify that the renewal late fee is only for hygienists, as there is no grace period for dentists.  Finally, the "roster-dental or hygiene" fee is raised from $25.00 to $200.00. 

FINDINGS: 

Except as noted below, the rules appear to be within the scope of statutory authority and legislative intent.

LSO notes two fee increases that seem unusual.  The fee for an anesthesia permit has been increased 250%, from $100 to $250.  The fee for "Roster-dental or hygiene" has been amended  to be a flat fee of $200, an 800% increase from the prior rule which provided a $25 fee for professional requests.   With regard to the anesthesia permit increase, W.S. 33-1-201 requires that the fee be set so as not to exceed the direct and indirect costs of administering the regulatory provisions required for the profession.  The dental or hygiene roster increase likely is covered by W.S. 16-4-204, which requires that the fee for production of the roster be "reasonable."  LSO has spoken to the agency's attorney at the Attorney General's Office and learned that the agency likely adopted these increased fees after studying similar fees in other states and in an attempt to fully pay the costs of providing the services related to each fee.

STAFF RECOMMENDATION:   

With regard to the increased fees for an anesthesia permit and a "roster-dental or hygiene," that the Council recommend that the Governor not approve the amendments until satisfied that the anesthesia permit fee will not generate funds in excess of related regulatory expenses and that the fee for the dental or hygiene roster is reasonable.

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Ian Shaw

Staff Attorney

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Dan Pauli

Director

IDS/