Bill Text: HI SB2678 | 2016 | Regular Session | Amended

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Bill Title: Board of Dental Hygiene; Establishment; Dental Hygienists; Regulation; Licensing

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2016-02-08 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB2678 Detail]

Download: Hawaii-2016-SB2678-Amended.html

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THE SENATE	S.B. NO.	2678
TWENTY-EIGHTH LEGISLATURE, 2016		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO DENTAL HYGIENISTS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the board of dental examiners is a twelve-member board consisting of eight dentists, two dental hygienists, and two members of the public.  According to 2014 statistics of the department of commerce and consumer affairs, there were 1,520 licensed dentists and 1,030 licensed dental hygienists in the State.  The legislature further finds that the disparity in representation of dental hygienists and dentists on the board can cause the interests and concerns of dentists to outweigh those of dental hygienists.

     The purpose of this Act is to establish a board of dental hygiene and transfer oversight of dental hygienists from the board of dental examiners to the board of dental hygiene.

     SECTION 2.  Chapter 447, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§447‑A  Definitions.  As used in this chapter, unless the context requires otherwise:

     "Board" means the board of dental hygiene established pursuant to section 447‑B.

     §447-B  Board of dental hygiene; appointment.  (a)  The board of dental hygiene shall consist of seven members, four of whom shall be practicing dental hygienists who have been engaged in the practice of dental hygiene for a period of five years preceding their appointments and duly licensed under section 447-1, one of whom shall be a dentist, and two of whom shall be public members.  No member shall be in any way connected with, or interested financially in, any dental supply company.

     (b)  The board shall meet for the purpose of examining applicants and for other purposes at times that it designates.  Adequate statewide public notice of the times and places of examinations shall be given.  The board may prescribe which members shall participate in the examination and licensing procedures.

     (c)  In addition to any other powers and duties authorized by law, the board shall adopt rules pursuant to chapter 91 as it deems proper and necessary for the performance of its work."

     SECTION 3.  Section 26-9, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The board of acupuncture, board of public accountancy, board of barbering and cosmetology, boxing commission, board of chiropractic examiners, contractors license board, board of dental hygiene, board of dental examiners, board of electricians and plumbers, elevator mechanics licensing board, board of professional engineers, architects, surveyors, and landscape architects, board of massage therapy, Hawaii medical board, motor vehicle industry licensing board, motor vehicle repair industry board, board of naturopathic medicine, board of nursing, board of examiners in optometry, pest control board, board of pharmacy, board of physical therapy, board of psychology, board of private detectives and guards, real estate commission, board of veterinary examiners, board of speech pathology and audiology, and any board, commission, program, or entity created pursuant to or specified by statute in furtherance of the purpose of this section including but not limited to section 26H-4, or chapters 484, 514A, 514B, and 514E shall be placed within the department of commerce and consumer affairs for administrative purposes.

     The public utilities commission shall be placed, for administrative purposes only, within the department of commerce and consumer affairs.  Notwithstanding section 26-9(e), (f), (g), (h), (j), (k), (l), (m), (n), (p), (q), (r), and (s), and except as permitted by sections 269-2 and 269-3, the department of commerce and consumer affairs shall not direct or exert authority over the day-to-day operations or functions of the commission."

     SECTION 4.  Section 447-1, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  Any person:

     (1)  Eighteen years of age or over;

     (2)  Who has a diploma or proper certificate of graduation from a dental hygiene school accredited by the American Dental Association Commission on Dental Accreditation that requires at least a two-year course and is recognized by the board [of dental examiners];

     (3)  Who has been officially certified in the administration of intra-oral infiltration local anesthesia and intra-oral block anesthesia by an accredited dental hygiene school or by a certification program previously approved by the board; and

     (4)  Who has passed the National Board Dental Hygiene Examination;

upon written application made to and filed with the board may be examined for qualification as a dental hygienist.

     An application shall be accompanied by the applicant's certificate of graduation from an accredited dental hygiene school, documentary proof of the applicant's certification in the administration of intra-oral infiltration local anesthesia and intra-oral block anesthesia, and documentary proof of the applicant's passage of the National Board Dental Hygiene Examination.  At the time of filing the application, the applicant shall pay to the board an application fee, which together with all other fees or charges in this chapter, shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91, and shall be deposited to the credit of the compliance resolution fund established pursuant to section 26-9(o)."

     2.  By amending subsection (f) to read:

     "(f)  No person shall practice dental hygiene, either gratuitously or for pay, or shall offer or attempt so to practice, or shall advertise or announce publicly or privately as being prepared or qualified so to practice without having a license as provided in this section.  No person shall employ, direct, or otherwise order a dental assistant or other person to perform services or procedures within the scope of practice of dental hygiene as provided in this chapter, unless the person who performs the services or procedures is a licensed dental hygienist under this section.  The original or a copy of the certificate of licensure shall be prominently displayed at all times in the workplace where the dental hygienist is employed or practices.  A dental hygienist's pocket identification card shall be readily available for viewing upon request to ensure the license is current.  A licensed dental hygienist shall practice only under the supervision of a licensed dentist as provided in this chapter; provided that a licensed dental hygienist shall administer under the direct supervision of a licensed dentist only those categories of intra-oral block anesthesia listed in the course content submitted to the board pursuant to subsection (a)."

     SECTION 5.  Section 447-1.5, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the title and subsection (a) to read:

     "[[]§447-1.5[]]  Community service license.  (a)  The board [of dental examiners] may issue, without examination, a community service license to practice dental hygiene in the employment of a federally qualified health center, Native Hawaiian health care system, or post-secondary dental auxiliary training program accredited by the American Dental Association Commission on Dental Accreditation.  Community service licensees under this section shall abide by the requirements and conditions placed upon those fully licensed under this chapter.

     Eligible candidates shall:

     (1)  Provide copies of documentation and credentials that include but are not limited to:

         (A)  A diploma or certificate of graduation from a dental hygiene college accredited by the American Dental Association Commission on Dental Accreditation, recognized and approved by the board; and

         (B)  Either of the following:

              (i)  A certificate or other evidence satisfactory to the board of having passed the examination of the National Board Dental Hygiene Examination, within five years of the date of request; or

             (ii)  Evidence of active clinical dental hygiene practice of not less than one thousand hours per year for the three years immediately prior to the date of request;

     (2)  Provide a copy of an active, unrestricted dental hygiene practice license from another state;

     (3)  Disclose to the board [of dental examiners] all previous and pending legal or regulatory action relating to claims of malpractice, personal, or professional misconduct; and

     (4)  Pay applicable registration fees, which shall be one half of the prevailing biennial registration fee for dental hygienists.

No person who after July 2, 2004, has failed to pass the license examination administered under this chapter may be issued a community service dental hygiene license."

     2.  By amending subsection (c) to read:

     "(c)  A license may be renewed annually, pending review and reauthorization of the board [of dental examiners]."

     3.  By amending subsection (e) to read:

     "(e)  Commissioned officers of the United States Army, the United States Navy, the United States Air Force, the United States Public Health Service, or the United States Veterans Administration practicing in a federally qualified health center or Native Hawaiian health systems center, shall qualify for a community service license to practice dental hygiene, which may be issued for the term of the dental hygienists federal duty assignment.  Officers shall provide to the board [of dental examiners]:

     (1)  A copy of an active, unrestricted dental hygiene license from another state; and

     (2)  A copy of documentation reflecting official duty assignment to a qualifying community service dental hygiene license site."

     SECTION 6.  Section 447-2, Hawaii Revised Statutes, is amended to read as follows:

     "§447-2  Temporary license.  The board [of dental examiners] may issue, without examination, to any person qualified to be examined, a temporary license to practice as a dental hygienist in the employment of the State or any county or any legally incorporated eleemosynary dispensary or infirmary, private school, or welfare center.  The temporary license shall authorize the person to whom the license is issued to practice clinical dental hygiene exclusively while engaged in that employment and shall be in force until:

     (1)  The date the person leaves the employment authorized under the temporary license;

     (2)  The three hundred sixty-fifth calendar day following the date of issuance of the temporary license;

     (3)  The date on which the person takes the licensure examination under this chapter; or

     (4)  The date on which the board revokes the temporary license;

whichever occurs first; provided that the board may revoke the temporary license at any time for cause."

     SECTION 7.  Section 447-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Clinical dental hygiene may be practiced by a licensed dental hygienist.  The practice of clinical dental hygiene is defined as the removal of hard and soft deposits and stains from the portion of the crown and root surfaces to the depth of the gingival sulcus, polishing natural and restored surfaces of teeth, the application of preventive chemical agents to the coronal surfaces of teeth, which chemical agents have been approved by the board [of dental examiners], and the use of mouth washes approved by the board, but shall not include the performing of any repair work or the preparation thereof, or any other operation on the teeth or tissues of the mouth; provided that nothing in this subsection shall prohibit a dental hygienist from using or applying topically any chemical agent which has been approved in writing by the department of health for any of the purposes set forth in part V of chapter 321, and other procedures delegated by a dentist in accordance with the rules of the board [of dental examiners].

     In addition, a licensed dental hygienist may administer intra-oral infiltration local anesthesia and intra-oral block anesthesia under the direct supervision of a dentist after being certified by the board, and for those categories of intra-oral infiltration local anesthesia and intra-oral block anesthesia for which the licensed dental hygienist has been certified through a course of study meeting the requirements of this chapter."

     SECTION 8.  Section 447-3.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  The board [of dental examiners] may adopt rules pursuant to chapter 91, relating to the education and certification of dental hygienists to administer intra-oral block anesthesia."

     SECTION 9.  Section 447-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  In addition to any other actions authorized by law, the board [of dental examiners] may suspend or revoke any license issued under this chapter or fine a licensee for any cause authorized by law, including but not limited to the following:

     (1)  Professional misbehavior; or

     (2)  Any other violation of this chapter or rules adopted pursuant thereto."

     SECTION 10.  Section 447-7, Hawaii Revised Statutes, is amended to read as follows:

     "§447-7  Filing of false information; revocation of license.  The board [of dental examiners] shall refuse to grant a license to any applicant or shall revoke the license of any person who knowingly records, registers, or files, or offers for recordation, registration, or filing with the department of commerce and consumer affairs any written statement which has been falsely made, completed, or altered, or in which a false entry has been made, or which contains a false statement or false information."

     SECTION 11.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 12.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 13.  This Act shall take effect on July 1, 2016; provided that the initial appointments to the board of dental hygiene established by section 2 of this Act shall be made by October 1, 2016; provided further that the first meeting of the board of dental hygiene established by section 2 of this Act shall be held in November 2016.

 

 

 

Report Title:

Board of Dental Hygiene; Establishment; Dental Hygienists; Regulation; Licensing

 

Description:

Establishes a separate board of dental hygiene to oversee the licensing and regulation of dental hygienists in the State, independent from the board of dental examiners, who regulate licensed dentists.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.