ENGROSSED SENATE
BILL NO. 684	By:	Jolley and Shortey of the Senate

			and

		Derby of the House

An Act relating to professions and occupations; amending 59 O.S. 2011, Section 328.32, as amended by Section 7, Chapter 270, O.S.L. 2012 (59 O.S. Supp. 2012, Section 328.32), which relates to penalties; modifying qualifications for certain penalties; amending 59 O.S. 2011, Section 328.41, as amended by Section 9, Chapter 270, O.S.L. 2012 (59 O.S. Supp. 2012, Section 328.41), which relates to renewal certificates; requiring dental assistants to submit certain applications; permitting the Oklahoma State Board of Dentistry to waive certain fees for dental assistants; amending 59 O.S. 2011, Section 328.53, as amended by Section 12, Chapter 270, O.S.L. 2012 (59 O.S. Supp. 2012, Section 328.53), which relates to malpractice insurance; providing exemption from insurance policy requirements to retired dentists providing care under certain circumstances; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     59 O.S. 2011, Section 328.32, as amended by Section 7, Chapter 270, O.S.L. 2012 (59 O.S. Supp. 2012, Section 328.32), is amended to read as follows:
Section 328.32.  A.  The following acts or occurrences by a dentist shall constitute grounds for which the penalties specified in Section 328.44a of this title may be imposed by order of the Board of Dentistry:
1.  Pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving moral turpitude, or a violation of federal or state controlled dangerous substances laws;
2.  Presenting to the Board a false diploma, license, or certificate, or one obtained by fraud or illegal means;
3.  Being, by reason of persistent inebriety or addiction to drugs, incompetent to continue the practice of dentistry;
4.  Publishing a false, fraudulent, or misleading advertisement or statement;
5.  Authorizing or aiding an unlicensed person to practice dentistry, to practice dental hygiene, or to perform a function for which a permit from the Board is required;
6.  Authorizing or aiding a dental hygienist to perform any procedure prohibited by the State Dental Act or the rules of the Board;
7.  Authorizing or aiding a dental assistant to perform any procedure prohibited by the State Dental Act or the rules of the Board;
8.  Failing to pay fees as required by the State Dental Act or the rules of the Board;
9.  Failing to complete continuing education requirements;
10.  Representing himself or herself to the public as a specialist in a dental specialty without holding a dental specialty license therefor;
11.  Representing himself or herself to the public as a specialist whose practice is limited to a dental specialty, when such representation is false, fraudulent, or misleading;
12.  Endangering the health of patients by reason of having a highly communicable disease and continuing to practice dentistry without taking appropriate safeguards;
13.  Being a menace to the public health by reasons of practicing dentistry in an unsafe or unsanitary manner or place;
14.  Being shown to be mentally unsound;
15.  Being shown to be grossly immoral and that such condition represents a threat to patient care or treatment;
16.  Being incompetent to practice dentistry while delivering care to a patient;
17.  Committing gross negligence in the practice of dentistry;
18.  Committing repeated acts of negligence in the practice of dentistry;
19.  Offering to effect or effecting a division of fees, or agreeing to split or divide a fee for dental services with any person, in exchange for the person bringing or referring a patient;
20.  Being involuntarily committed to an institution for treatment for substance abuse, until recovery or remission;
21.  Using or attempting to use the services of a dental laboratory or dental laboratory technician without issuing a laboratory prescription, except as provided in subsection C of Section 328.36 of this title;
22.  Aiding, abetting, or encouraging a dental hygienist employed by the dentist to make use of an oral prophylaxis list, or the calling by telephone or by use of letters transmitted through the mails to solicit patronage from patients formerly served in the office of any dentist formerly employing such hygienist;
23.  Having more than the equivalent of two three full-time dental hygienists and more than four dental assistants for each dentist actively practicing in the same dental office who will supervise the dental hygienists and assistants;
24.  Knowingly patronizing or using the services of a dental laboratory or dental laboratory technician who has not complied with the provisions of the State Dental Act and the rules of the Board;
25.  Authorizing or aiding a dental hygienist, dental assistant, dental laboratory technician, or holder of a permit to operate a dental laboratory to violate any provision of the State Dental Act or the rules of the Board;
26.  Willfully disclosing confidential information;
27.  Writing a false, unnecessary, or excessive prescription for any drug or narcotic which is a controlled dangerous substance under either federal or state law;
28.  Prescribing or administering any drug or treatment without having established a valid dentist-patient relationship;
29.  Using or administering nitrous oxide gas in a dental office in an inappropriate or unauthorized manner;
30.  Engaging in nonconsensual physical contact with a patient which is sexual in nature, or engaging in a verbal communication which is intended to be sexually demeaning to a patient;
31.  Practicing dentistry without displaying, at the dentist's primary place of practice, the license issued to the dentist by the Board to practice dentistry and the current renewal certificate;
32.  Being dishonest in a material way with a patient;
33.  Failing to retain all patient records for at least three (3) years, except that the failure to retain records shall not be a violation of the State Dental Act if the dentist shows that the records were lost, destroyed, or removed by another, without the consent of the dentist;
34.  Failing to retain the dentist's copy of any laboratory prescription for at least three (3) years, except that the failure to retain records shall not be a violation of the State Dental Act if the dentist shows that the records were lost, destroyed, or removed by another, without the consent of the dentist;
35.  Allowing any corporation, organization, group, person, or other legal entity, except another dentist or a professional entity that is in compliance with the registration requirements of subsection B of Section 328.31 of this title, to direct, control, or interfere with the dentist's clinical judgment.  Clinical judgment shall include, but not be limited to, such matters as selection of a course of treatment, control of patient records, policies and decisions relating to pricing, credit, refunds, warranties and advertising, and decisions relating to office personnel and hours of practice.  Nothing in this paragraph shall be construed to:
a.	limit a patient's right of informed consent, or
b.	to prohibit insurers, preferred provider organizations and managed care plans from operating pursuant to the applicable provisions of the Oklahoma Insurance Code and the Public Health Code;
36.  Violating the state dental act of another state resulting in a plea of guilty or nolo contendere, conviction or suspension or revocation of the license of the dentist under the laws of that state;
37.  Violating or attempting to violate the provisions of the State Dental Act or the rules of the Board, as a principal, accessory or accomplice;
38.  Failing to comply with the terms and conditions of an order imposing suspension of a license or placement on probation issued pursuant to Section 328.44a of this title; or
39.  Failing to cooperate during an investigation or providing false information, verbally or in writing, to the Board, the Board's investigator or an agent of the Board.
B.  The provisions of the State Dental Act shall not be construed to prohibit any dentist from displaying or otherwise advertising that the dentist is also currently licensed, registered, certified, or otherwise credentialed pursuant to the laws of this state or a nationally recognized credentialing board, if authorized by the laws of the state or credentialing board to display or otherwise advertise as a licensed, registered, certified, or credentialed dentist.
SECTION 2.     AMENDATORY     59 O.S. 2011, Section 328.41, as amended by Section 9, Chapter 270, O.S.L. 2012 (59 O.S. Supp. 2012, Section 328.41), is amended to read as follows:
Section 328.41.  A.  On or before the first day of January of each year, every dentist, dental hygienist, dental assistant, and other licensee or permit holder holders previously licensed or permitted by the Board to practice in this state shall submit a renewal application with information as may be required by the Board, together with an annual renewal fee established by the rules of the Board.  Upon receipt of the annual renewal fee, the Board shall issue a renewal certificate authorizing the dentist or dental hygienist to continue the practice of dentistry or dental hygiene, respectively, in this state for a period of one (1) year.  Every license or permit issued by the Board shall expire on December 31 of each year.
B.  Upon failure of a dentist or dental hygienist to pay the annual renewal fee within two (2) months after January 1, the Board shall notify the dentist or dental hygienist in writing by certified mail to the last-known mailing address of the dentist or dental hygienist, as reflected in the records of the Board.
C.  Any dentist or, dental hygienist, or dental assistant whose license or permit is automatically canceled by reason of failure, neglect or refusal to secure the renewal certificate may be reinstated by the Board at any time within one (1) year from the date of the expiration of the license, upon payment of the annual renewal fee and a penalty fee established by the rules of the Board.  If the dentist or, dental hygienist, or dental assistant does not apply for renewal of the license or permit and pay the required fees within one (1) year after the license has expired, then the dentist or dental hygienist shall be required to file an application for and take the examination provided for in the State Dental Act before again commencing practice.
D.  The Board may waive the annual renewal fee for any dentist or, dental hygienist, or dental assistant and issue a renewal certificate without the payment of any renewal fee, if the dentist or dental hygienist has held an Oklahoma license at least twenty-five (25) years but because of age or physical disability has retired from the practice of dentistry or dental hygiene.  The waiver of fees herein provided may be continued so long as the retirement continues because of age or physical disability.
E.  Any dentist or dental hygienist who has had a license to practice dentistry or dental hygiene in good standing for thirty-five (35) years and has reached the age of seventy (70) years shall upon application to the Board be issued renewal certificates without the payment of annual renewal fees for the remaining years of their active practice.
F.  The Board, by rule, shall provide for the remittance of fees otherwise required by the State Dental Act while a dentist or dental hygienist is on active duty with any of the Armed Forces of the United States.
G.  In case of a lost or destroyed license or renewal certificate and upon satisfactory proof of the loss or destruction thereof, the Board may issue a duplicate, charging therefor a fee established by the rules of the Board.
SECTION 3.     AMENDATORY     59 O.S. 2011, Section 328.53, as amended by Section 12, Chapter 270, O.S.L. 2012 (59 O.S. Supp. 2012, Section 328.53), is amended to read as follows:
Section 328.53.  A.  All dentists in active practice licensed by the Board of Dentistry shall maintain a policy for professional malpractice liability insurance; provided, however, that such requirement shall not apply to dentists:
1.  Covered by a group or hospital malpractice insurance policy;
2.  Practicing in a state facility subject to The Governmental Tort Claims Act, Section 151 et seq. of Title 51 of the Oklahoma Statutes;
3.  Practicing in a federal facility subject to the Federal Tort Claims Act;
4.  Providing care as a volunteer under a special volunteer license pursuant to Section 328.23a of this title; or
5.  Retired in good standing, providing care as a non-paid volunteer in any event approved by the State Board of Dentistry or the Oklahoma Dental Association; or
56.  Practicing in another state who will not practice within the State of Oklahoma during the license renewal year.
B.  The Board of Dentistry may promulgate rules as necessary to carry out the provisions of this section, including, but not limited to, minimum requirements for professional malpractice liability insurance policies and penalties for noncompliance.
SECTION 4.  This act shall become effective July 1, 2013.
SECTION 5.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the Senate the 5th day of March, 2013.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2013.

	
	Presiding Officer of the House
	of Representatives