Bill Text: IN SB0327 | 2011 | Regular Session | Enrolled
Bill Title: Dental practice matters.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0327 Detail]
Download: Indiana-2011-SB0327-Enrolled.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
AN ACT to amend the Indiana Code concerning professions and occupations.
(b) An applicant described under subsection (a) shall, at the request of the board, make an appearance before the board.
the board for examination, the applicant must submit an application
and the applicant's credentials, except for proof of the applicant's
graduation from an institution for educating dental hygienists, in the
form and manner prescribed by the board at least forty-five (45) days
prior to the examination date. The applicant must submit proof of the
applicant's graduation at least seven (7) days before the examination
date. The An applicant:
(1) must not have been convicted of a crime that has a direct
bearing on the applicant's ability to practice competently; and
(2) must be a graduate of a school for dental hygienists that:
(A) is accredited by the Commission on Dental Accreditation
of the American Dental Association;
(B) is recognized by the board; and
(C) requires a formal course of training of not less than two (2)
years of eight (8) months each;
(3) must pass an examination administered by an entity
approved by the board; and
(4) may not take any part of the examination described in
subdivision (3) more than three (3) times.
(b) Prior to the issuance of the license, the applicant shall pay a fee set by the board under section 5 of this chapter. A license issued by the board expires on a date specified by the Indiana professional licensing
agency under IC 25-1-5-4(k) of each even-numbered year.
(c) An applicant for license renewal must satisfy the following
conditions:
(1) Pay the renewal fee set by the board under section 5 of this
chapter on or before the renewal date specified by the Indiana
professional licensing agency in each even-numbered year.
(2) Subject to IC 25-1-4-3, provide the board with a sworn
statement signed by the applicant attesting that the applicant has
fulfilled the continuing education requirements under IC 25-13-2.
(3) Be currently certified or successfully complete a course in
basic life support through a program approved by the board. The
board may waive the basic life support requirement for applicants
who show reasonable cause.
(d) If the holder of a license does not renew the license on or before
the renewal date specified by the Indiana professional licensing agency,
the license expires and becomes invalid without any action by the
board.
(e) A license invalidated under subsection (d) may be reinstated by
the board in three (3) years or less after such invalidation if the holder
of the license meets the requirements under IC 25-1-8-6(c).
(f) If a license remains invalid under subsection (d) for more than
three (3) years, the holder of the invalid license may obtain a reinstated
license by meeting the requirements for reinstatement under
IC 25-1-8-6(d). The board may require the licensee to participate
in remediation or pass an examination administered by an entity
approved by the board.
(g) The board may require the holder of an invalid license who files
an application under this subsection to appear before the board and
explain why the holder failed to renew the license.
(h) The board may adopt rules under section 5 of this chapter
establishing requirements for the reinstatement of a license that has
been invalidated for more than three (3) years.
(i) The license to practice must be displayed at all times in plain
view of the patients in the office where the holder is engaged in
practice. No person may lawfully practice dental hygiene who does not
possess a license and its current renewal.
(j) Biennial renewals of licenses are subject to the provisions of
IC 25-1-2.
course on the practice of dental anesthetics if the course is:
(1) supervised by a dentist licensed under IC 25-14 and trained
in the administration of dental anesthetics; and
(2) conducted at a school described in section 6(2) of this chapter.
(1) completed board approved educational requirements, including cardiopulmonary resuscitation and emergency care training; and
(2) received a board issued dental hygiene anesthetic permit.
(b) Local dental anesthetics do not include nitrous oxide or similar
(b) The board may issue a license to the holder of an inactive license under this section if the applicant:
(1) pays the renewal fee set by the board;
(2) pays the reinstatement fee set by the board;
(3) meets the continuing education requirements set by the board; and
(4) meets competency standards set by the board.
(c) The board may require a licensee whose license has been inactive for more than three (3) years to participate in remediation or pass an examination administered by an entity approved by the board.
(1) is licensed under; and
(2) fails to comply with;
this article or rules adopted under this article is subject to discipline under IC 25-1-9.
(b) An individual who is licensed under this article is responsible for knowing the standards of conduct and practice established by this article and rules adopted under this article.
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 6. (a) A dental hygienist must complete at least
fourteen (14) credit hours in continuing education courses each license
period.
(b) Credit hours may be applied under this section only toward the
credit hour requirement for the license period during which the credit
hours are earned.
(c) During a license period, a dental hygienist may not earn more
than five (5) credit hours toward the requirements under this section for
continuing education courses that relate specifically to the area of
practice management.
(d) Not more than two (2) credit hours for certification programs in
basic life support required under IC 25-13-1-8(c)(3) may be applied
toward the credit hour requirement during each license period.
(e) During a license period, at least half of the required
minimum credit hours must be earned through live presentations
or live workshops.
(b) An approved organization must provide the board with course information or materials requested by the board.
(c) If the board determines that an approved organization does not meet the requirements of this chapter, the board shall do the following:
(1) Provide written notification to the organization of the noncompliance specifying the items of noncompliance and the conditions of reinstatement.
(2) Deny credit hours awarded by the organization from the time that the organization receives a notice until the date of reinstatement.
(d) The board shall adopt rules under IC 4-22-2 to implement this chapter.
(1) "Agency" refers to the Indiana professional licensing agency established by IC 25-1-5-3.
(2) "Board" refers to the state board of dentistry established under this chapter.
(3) "Deep sedation" means a
(A) not be easily aroused;
(B) be able to respond purposefully following repeated or painful stimulation;
(C) have an impaired ability to independently maintain ventilatory function;
(D) require assistance in maintaining a patent airway; and
(E) have inadequate spontaneous ventilation.
(4) "Dental assistant" means a qualified dental staff member, other than a licensed dental hygienist, who assists a licensed dentist with patient care while working under the dentist's direct supervision.
(5) "Direct supervision" means that a licensed dentist is physically present in the facility when patient care is provided by the dental assistant.
(6) "Enteral route of administration" means a technique of administering an agent so that it is absorbed through the gastrointestinal tract or oral mucosa.
(7) "General anesthesia" means a
(A) is not arousable, even by painful stimulation;
(B) often has an impaired ability to independently maintain ventiliatory function;
(C) often requires assistance in maintaining a patent airway; and
(D) may require positive pressure ventilation because of depressed spontaneous ventilation or drug induced depression of neuromuscular function.
(8)
verbal command, produced by an intravenous pharmacologic
method. "Moderate sedation" means a drug induced
depression of consciousness during which cardiovascular
function is usually maintained and the individual:
(A) responds purposefully to verbal commands, either
alone or with light tactile stimulation;
(B) does not require intervention to maintain a patent
airway; and
(C) has adequate spontaneous ventilation.
(9) "Parenteral route of administration" means a technique
of administering an agent by intravenous or intramuscular
injection so that it bypasses the gastrointestinal tract.
(1) nine (9) practicing dentists licensed under IC 25-14 who must have been in practice in
(2) one (1) practicing dental hygienist who:
(A) has been practicing in Indiana as a dental hygienist:
(i) in 2011 and 2012, for at least three (3) years; and
(ii) after 2012, for at least five (5) years; and
(B) is licensed under IC 25-13-1; and
(3) one (1) member to represent the general public who must be a resident to this state and in no way associated with the profession of dentistry other than as a consumer.
All eleven (11) members of the board shall be appointed by the governor for a term of three (3) years each. Any member of the board may serve until the member's successor is appointed and qualified under this chapter. A member may serve consecutive terms, but no member may serve more than three (3) terms or a total of nine (9) years.
(b) The appointment of the dentist members shall be made in a manner that, at all times, each dentist member on the board represents and is a resident of one (1) of nine (9) examiner districts set forth in this subsection. Each dentist member shall be chiefly responsible in the performance of his or her duties with regard to the district from which he or she is appointed. The nine (9) dentist members' districts consist of the following counties:
(1) District 1. Tipton, Hamilton, Hendricks, Marion, Hancock, Morgan, Johnson, and Shelby.
(2) District 2. Lake, Porter, LaPorte, and Jasper.
(3) District 3. St. Joseph, Elkhart, Starke, Marshall, Kosciusko, and Fulton.
(4) District 4. LaGrange, Steuben, Jay, Noble, Whitley, Allen, Huntington, Wells, DeKalb, and Adams.
(5) District 5. Knox, Daviess, Gibson, Pike, Dubois, Posey, Vanderburgh, Warrick, Spencer, and Perry.
(6) District 6. Newton, Benton, White, Pulaski, Cass, Miami, Wabash, Grant, Howard, Carroll, Warren, Tippecanoe, and Clinton.
(7) District 7. Vermillion, Parke, Fountain, Montgomery, Boone, Putnam, Vigo, Clay, Sullivan, Owen, Greene, and Martin.
(8) District 8. Madison, Delaware, Blackford, Randolph, Rush, Fayette, Union, Henry, and Wayne.
(9) District 9. Monroe, Brown, Bartholomew, Decatur, Franklin, Lawrence, Jackson, Jennings, Ripley, Dearborn, Orange, Washington, Scott, Jefferson, Switzerland, Ohio, Crawford, Harrison, Floyd, and Clark.
(c) The board
board's action on the examination under IC 4-21.5. The board may
establish, under section 13 of this chapter, additional requirements as
a prerequisite to taking an examination for an applicant who has failed
the examination two (2) or more times.
(c) (b) A fee paid under this article may not be refunded.
(1) general
(2)
to a patient.
(b) The board shall establish by rule the educational and training requirements for the issuance and renewal of a permit required by subsection (a).
(c) The board shall establish the requirements for a program of education and training for pediatric anesthesiology.
(d) The requirements for a permit issued under this section must be based on the current American Dental Association's "Guidelines for Teaching
(e) A permit issued under this section must be renewed biennially.
(1) IC 25-1-9 concerning an individual licensed under IC 25-13 or this article;
(2) IC 25-13; and
(3) this article.
The fund shall be administered by the Indiana professional licensing agency.
(b) The expenses of administering the fund shall be paid from the money in the fund. The fund consists of fines and civil penalties collected through investigations of violations of:
(1) IC 25-1-9 concerning individuals licensed under IC 25-13 or this article;
(2) IC 25-13; and
(3) this article;
conducted by the board or the attorney general.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(e) The attorney general and the Indiana professional licensing agency may enter into a memorandum of understanding to provide the attorney general with funds to conduct investigations and pursue enforcement action against violators of:
(1) IC 25-1-9 if the individual is licensed under IC 25-13 or this article;
(2) IC 25-13; and
(3) this article.
(f) The attorney general and the Indiana professional licensing agency shall present any memorandum of understanding under subsection (e) annually to the board for review.
student or former student is enrolled in an accredited dental residency or fellowship program and is using the permit only for school purposes. The school shall maintain the permit at the school.
(b) The fee for the permit shall be set by the board under section 13
of this chapter.
(c) Any person receiving using a school's limited dental residency
or dental hygienist intern permit may practice dentistry or dental
hygiene only in a hospital or other board approved institution
designated in the permit and only under the direction of a licensed
dentist who is a member of the dental staff of such the hospital or other
institution. The intern's dental or dental hygiene practice shall be
limited to bona fide patients of such the hospital or other institution.
(d) The permit:
(1) shall be:
(A) valid for only one (1) year from date of issue; and shall be
(B) renewable in the discretion of the board upon the payment
of a fee determined by the board under section 13 of this
chapter; and
(2) may be recalled at any time by the board.
(1) Be a graduate of an American Dental Association accredited dental program, as determined by the board.
(2) Be employed by an accredited dental school.
(b) An individual granted a limited dental faculty permit under this section:
(1) may use the permit only to practice at the school where the individual is employed and as a part of the individual's research or teaching responsibilities; and
(2) may not use the permit to obtain:
(A) a license under section 3 of this chapter; or
(B) reciprocity or endorsement under this article.
(c) The board shall set the permit fee under section 13 of this chapter.
such time and place as may be designated in the call. Six (6) members
of the board constitute a quorum. A majority of the quorum may
transact business. The board shall elect a president and a secretary. For
their services, the members shall receive per diem and travel expenses
as otherwise provided by law.
(b) It shall be the duty of the board through the agency to keep a
record of all applications for licenses for a period of time designated by
the board, subject to the final approval of the oversight committee on
public records under IC 5-15-5.1-19. Such records shall contain all the
facts set forth in the application, including the action of the board. The
board shall also retain all examination papers for a period of one (1)
year from the date upon which the examination is held. The agency
shall carry out the administrative functions of the board and shall
provide necessary personnel to enable the board to properly carry out
and enforce this chapter.
(c) The board may affiliate with the American Association of Dental
Examiners Boards as an active member thereof and may pay the
regular annual dues of the association out of any available funds of the
board, which are obtained by examination fees or registration renewal
fees as provided by law. However, the affiliation with the American
Association of Dental Examiners Boards shall not impair, restrict,
enlarge, or modify any of the rights, powers, duties, or functions of the
board as prescribed by the laws of this state. The board may designate
one (1) of its members as a delegate of any meeting of the association,
and such delegate member shall receive the regular per diem paid to
members of the board for their services on the board and the member's
necessary expenses while traveling to and from and attending such
meetings.
examination date an application in a form and manner prescribed by
the board and proof satisfactory to the board that the applicant has not
been convicted of a crime that has a direct bearing on the applicant's
ability to practice competently. An applicant must submit proof to the
board at least seven (7) days before the examination date that the
applicant is a graduate of a dental school that is recognized by the
board.
(b) The board may issue a license upon payment of a fee, set by the
board under section 13 of this chapter, to an applicant who furnishes
proof satisfactory to the board that the applicant is a dentist who:
(1) is licensed in another state or a province of Canada that has
licensing requirements substantially equal to those in effect in
Indiana on the date of application;
(2) has practiced dentistry for at least two (2) of the three (3)
years preceding the date of application;
(3) passes the law examination administered by the board or an
entity approved by the board;
(4) has completed at least twenty (20) the required hours of
continuing education in the previous two (2) years; and
(5) meets all other requirements of this chapter.
(c) The board shall have power to adopt rules under section 13 of
this chapter for licensure by endorsement.
(d) An applicant shall, at the request of the board, make an
appearance before the board.
(b) The board may issue a license to the holder of an inactive license under this section, if the applicant:
(1) pays the renewal fee set by the board;
(2) pays the reinstatement fee set by the board;
(3) meets continuing education requirements set by the board; and
(4) meets competency standards set by the board.
(c) The board may require a licensee whose license has been inactive for more than three (3) years to participate in remediation or pass an examination administered by an entity approved by the board.
felony for a person to do any of the following:
(1) Practice dentistry not being at the time a dentist duly licensed
to practice as such in this state under this chapter.
(2) Employ, hire, or procure one who is not duly licensed as a
dentist to practice dentistry, but a person practiced upon by an
unlicensed dentist does not violate this section.
(b) It is a Class B misdemeanor for a person to do any of the
following:
(1) Sell or barter, or offer to sell or barter, or, not being lawfully
authorized so to do, issue or confer, or offer to issue or confer, any
dental degree, license, or any diploma or document conferring, or
purporting to confer, any dental degree or license, or any
certificate or transcript made, or purporting to be made, under this
chapter.
(2) Purchase, or procure by barter, any diploma, license,
certificate, or transcript, with intent that it be used as evidence of
the qualifications to practice dentistry of any person other than the
one upon, or to whom, it was lawfully conferred or issued, or in
fraud of the laws regulating the practice.
(3) Use any diploma, certificate, or transcript which has been
purchased, fraudulently issued, counterfeited, or materially
altered, either as a license or color of license, to practice dentistry,
or in order to procure registration as a dentist.
(4) Practice dentistry under a false name, under a name intended
to mislead the public, under the license of another person of the
same name, or hold himself the person out to the public under
such a name as a practitioner of dentistry.
(5) Assume the title or degree of "Bachelor of Dental Surgery",
append the letters "B.D.S.", "D.D.S.", "M.D.S.", or "D.M.D.", to
his the person's name, or make use of the same, or prefix to his
name the title of "Doctor", or any abbreviation thereof, not having
had duly conferred upon him the person by diploma from some
college, school, or board of examiners legally empowered to
confer the same, the right to assume such a title.
(6) Assume any title or append or prefix any words to his the
person's name, with intent to represent falsely that he the person
has received a dental degree or license.
(7) Not having been licensed to practice dentistry under the laws
of this state, represent that he the person is entitled so to practice
(a dental licensee may use the prefix "Doctor" or "Dr." to his
name).
(8) Falsely personate another at any examination held by the
board to ascertain the preliminary professional education of
candidates for dental certificates, dental degrees, or dental
licenses or knowingly avail himself the person of the benefit of
false personation.
(9) (8) Otherwise violate this chapter.
(c) Each date that a person violates this section constitutes a
separate offense.
(1) The individual has been licensed or has had the equivalent of a license for five (5) of the preceding nine (9) years to practice dentistry in the United States or in any country, territory, or other recognized jurisdiction.
(2) The individual has been approved under the credentialing process of an Indiana school of dentistry or an affiliated medical center of an Indiana school of dentistry that is accredited by:
(A) the American Dental Association Commission on Dental Accreditation; or
(B) the Joint Commission on Accreditation of Health Care Organizations.
(3) The individual has successfully documented or demonstrated clinical and academic competency to the board.
(4) The individual is fluent in the English language.
(5) The individual passes the written law examination administered by the board.
(6) The individual meets the continuing education requirements required by IC 25-14-3.
(7) The individual pays the licensing fee set by the board under subsection (f).
(b) A license issued under this section must be held by the Indiana school of dentistry for which the licensee is employed.
(c) A license issued under this section does not meet the requirements of section 16 of this chapter and may not be used to obtain a general dentistry license under this article.
(d) A licensee under this section may teach and practice dentistry only at or on behalf of an Indiana school of dentistry or an affiliated medical center of an Indiana school of dentistry.
(e) An instructor's license is valid only during the time the licensee is employed or has a valid employment contract for a full-time faculty
position at the Indiana school of dentistry or an affiliated medical
center. The Indiana school of dentistry or the affiliated medical center
shall notify the board in writing upon the termination of the
employment contract of an individual who is issued a license under this
section and surrender the license not later than thirty (30) days after the
licensee's employment ceases.
(f) The board shall set a fee for the issuance and renewal of a license
under this section.
(g) Unless renewed, a license issued by the board under this section
expires annually on a date specified by the agency under IC 25-1-5-4.
An applicant for renewal must pay the renewal fee set by the board on
or before the renewal date specified by the agency.
(h) Not more than five ten percent (5%) (10%) of the Indiana
school of dentistry's full-time faculty may be individuals licensed under
this section.
(i) The board shall adopt rules under IC 4-22-2 necessary to
implement this section.
(j) This section expires June 30, 2013.
(1) is licensed under; and
(2) fails to comply with;
this article or rules adopted under this article is subject to discipline under IC 25-1-9.
(b) An individual who is licensed under this article is responsible for knowing the standards of conduct and practice established by this article and rules adopted under this article.
(b) Credit hours may be applied under this section only toward the credit hour requirement for the license period during which the credit hours are earned.
(c) During a license period, a dentist may not earn more than five (5) credit hours toward the requirements under this section for continuing education courses that relate specifically to the area of practice management.
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned
