AL
Alabama House Bill HB285

Alabama 2023 Regular Session

Alabama House Bill HB285 Compare Versions

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1+HB285INTRODUCED
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44 By Representative Lipscomb
55 RFD: Boards, Agencies and Commissions
66 First Read: 11-Apr-23
7-2023 Regular Session
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14-Enrolled, An Act,
15-Relating to the practice of dentistry and dental
16-hygiene; to amend Sections 34-9-1, 34-9-5, 34-9-10, 34-9-11,
17-34-9-15, 34-9-26, 34-9-27, 34-9-43, 34-9-60, 34-9-63, and
18-34-9-86, Code of Alabama 1975; to further provide for
19-penalties for violations; and qualifications for licensure and
20-administration of controlled substances by dentists and dental
21-hygienists.
22-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23-Section 1. Sections 34-9-1, 34-9-5, 34-9-10, 34-9-11,
24-34-9-15, 34-9-26, 34-9-27, 34-9-43, 34-9-60, 34-9-63, and
25-34-9-86, Code of Alabama 1975, are amended to read as follows:
26-"§34-9-1
27-For the purposes of this chapter, the following terms
28-shall have the respective meanings ascribed by this section:
29-(1) ADMINISTER. When used in reference to a controlled
30-substance, the direct application of a controlled substance to
31-the body of a patient by a dentist, by injection, inhalation,
32-ingestion, or other means.
33-(1)(2) ANNUAL REGISTRATION. The documentary evidence
34-that the board has renewed the authority of the licensee to
35-practice dentistry or dental hygiene in this state.
36-(2)(3) BOARD. The Board of Dental Examiners of Alabama.
37-(3)(4) COMMERCIAL DENTAL LABORATORY. A technician or
38-group of technicians available to any or all licensed dentists
39-for construction or repair of dental appliances.
40-(5)DISPENSE. When used in reference to a controlled
13+SYNOPSIS:
14+Under existing law there is no provision
15+allowing the Board of Dental Examiners to deny
16+licensure or certification of an applicant to practice
17+dentistry or dental hygiene based on the interest of
18+public health and safety.
19+Under existing law there is no provision
20+allowing the board to require payment of certain
21+administrative fines as part of the required annual
22+registration fees for dentists and dental hygienists.
23+Under existing law a dental hygienist is
24+authorized only to work under the direct supervision of
25+a licensed dentist.
26+Under existing law the provision establishing
27+the number and qualifications of examiners conducting
28+certain on-site inspections of dental facilities limits
29+the number of members and their qualifications to
30+certain general standards.
31+This bill would define the terms "administer"
32+and "dispense" in reference to the use of a controlled
33+substance in the practice of dentistry or dental
34+hygiene.
35+This bill would allow the Board of Dental
36+Examiners to deny licensure or certification of a
37+dentist or a dental hygienist applicant based on the
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70-substance, the delivery of a controlled substance to a patient
71-by a dentist, including the prescribing and administering of a
72-controlled substance.
73-(4)(6) GENERAL ANESTHESIA. A controlled state of
74-unconsciousness, accompanied by a partial or complete loss of
75-protective reflexes, including inability to independently
76-maintain an airway and respond purposefully to physical
77-stimulation or verbal command, produced by a pharmacologic
78-method.
79-(5)(7) INFILTRATION ANESTHESIA. A form of local
80-anesthesia wherein the terminal or peripheral sensory portion
81-of either the maxillary or mandibular branch of the trigeminal
82-nerve endings are anesthetized by injecting a solution
83-submucosally into an intra-oral circumscribed area for the
84-relief or prevention of pain.
85-(6)(8) LICENSE. The grant of authority by the board to
86-a person to engage in the practice of dentistry or dental
87-hygiene.
88-(7)(9) LICENSE CERTIFICATE. The documentary evidence
89-under seal of the board that the board has granted authority
90-to the licensee to practice dentistry or dental hygiene in
91-this state.
92-(8)(10) LICENSED DENTIST. A dentist who holds a current
93-license certificate from the board.
94-(9)(11) LICENSED HYGIENIST. A hygienist who holds a
95-current license certificate from the board.
96-(10)(12) LOCAL ANESTHESIA. The elimination of
97-sensations, especially pain in one part of the body by topical
67+public interest and the promotion of public health and
68+safety.
69+This bill would allow the board to require
70+payment of certain administrative fines related to
71+disciplinary actions to be paid as part of required
72+annual registration fees for dentists and dental
73+hygienists.
74+This bill would allow a dental hygienist to work
75+under the general or direct supervision of a licensed
76+dentist.
77+This bill would provide greater specificity of
78+qualifications for examiners conducting on-site
79+inspection of facilities where anesthesia or sedation
80+would be administered by dentists and dental
81+hygienists.
82+This bill would also make certain changes to
83+reflect current terminology used in the practice of
84+dentistry and dental hygiene, clarify existing code
85+language, and make nonsubstantive, technical revisions
86+to update existing code language to current style.
87+A BILL
88+TO BE ENTITLED
89+AN ACT
90+Relating to the practice of dentistry and dental
91+hygiene; to amend Sections 34-9-1, 34-9-10, 34-9-11, 34-9-15,
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127-application or regional injection of a drug.
128-(11)(13) PATIENT ABANDONMENT. The termination of dental
129-treatment without giving the patient adequate notice of at
130-least 15 days before the termination of dental treatment.
131-Adequate notice includes informing the patient of the
132-availability of emergency treatment and providing the patient
133-with an opportunity to obtain the services of another dentist
134-during the notice period. Abandonment may also occur if the
135-dentist jeopardizes the health of the patient during the
136-termination process.
137-(12)(14) PRACTICE OF DENTISTRY ACROSS STATE LINES.
138-a. The practice of dentistry as defined in Section
139-34-9-6 as it applies to the following:
140-1. The rendering of a written or otherwise documented
141-professional opinion concerning the diagnosis or treatment of
142-a patient located within this state by a dentist located
143-outside this state as a result of transmission of individual
144-patient data by electronic or other means from within this
145-state to the dentist or his or her agent.
146-2. The rendering of treatment to a patient located
147-within this state by a dentist located outside this state as a
148-result of transmission of individual patient data by
149-electronic or other means from this state to the dentist or
150-his or her agent.
151-3. The holding of himself or herself out as qualified
152-to practice dentistry, or use any title, word, or abbreviation
153-to indicate or induce others to believe that he or she is
154-licensed to practice dentistry across state lines.
121+34-9-26, 34-9-27, 34-9-43, 34-9-60, 34-9-63, and 34-9-86, Code
122+of Alabama 1975; and qualifications for licensure and
123+administration of controlled substances by dentists and dental
124+hygienists.
125+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
126+Section 1. Sections 34-9-1, 34-9-10, 34-9-11, 34-9-15,
127+34-9-26, 34-9-27, 34-9-43, 34-9-60, 34-9-63, and 34-9-86, Code
128+of Alabama 1975, are amended to read as follows:
129+"§34-9-1
130+For the purposes of this chapter, the following terms
131+shall have the respective meanings ascribed by this section:
132+(1) ADMINISTER. When used in reference to a controlled
133+substance, the direct application of a controlled substance to
134+the body of a patient by a dentist, by injection, inhalation,
135+ingestion, or other means.
136+(1)(2) ANNUAL REGISTRATION. The documentary evidence
137+that the board has renewed the authority of the licensee to
138+practice dentistry or dental hygiene in this state.
139+(2)(3) BOARD. The Board of Dental Examiners of Alabama.
140+(3)(4) COMMERCIAL DENTAL LABORATORY. A technician or
141+group of technicians available to any or all licensed dentists
142+for construction or repair of dental appliances.
143+(5)DISPENSE. When used in reference to a controlled
144+substance, the delivery of a controlled substance to a patient
145+by a dentist, including the prescribing and administering of a
146+controlled substance.
147+(4)(6) GENERAL ANESTHESIA. A controlled state of
148+unconsciousness, accompanied by a partial or complete loss of
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184-b. This definition is not intended to include an
185-informal consultation between a licensed dentist located in
186-this state and a dentist located outside this state provided
187-that the consultation is conducted without compensation or the
188-expectation of compensation to either dentist, and does not
189-result in the formal rendering of a written or otherwise
190-documented professional opinion concerning the diagnosis or
191-treatment of a patient by the dentist located outside the
192-state.
193-(13)(15) PRIVATE TECHNICIANSTECHNICIAN. A technician
194-employed by a dentist or group of dentists for a specified
195-salary.
196-(14)(16) SEDATION. A depressed level of consciousness
197-that retains the patient's ability to independently and
198-continuously maintain an airway and respond appropriately to
199-physical stimulation or verbal command, produced by a
200-pharmacologic method."
201-"§34-9-5
202-Any personindividual who shall engage engages in the
203-practice of dentistry across state lines or pr actice dentistry
204-or dental hygiene in this state within the meaning of this
205-chapter without having first obtained from the board a license
206-and an annual registration certificate, when the certificate
207-is required by this chapter, or who violates this chapter, or
208-who willfully violates any published rule or regulation of the
209-board, or who does any act described in this chapter as
210-unlawful, the penalty for which is not herein specifically
211-provided,to practice dentistry shall be guilty of a
178+protective reflexes, including inability to independently
179+maintain an airway and respond purposefully to physical
180+stimulation or verbal command, produced by a pharmacologic
181+method.
182+(5)(7) INFILTRATION ANESTHESIA. A form of local
183+anesthesia wherein the terminal or peripheral sensory portion
184+of either the maxillary or mandibular branch of the trigeminal
185+nerve endings are anesthetized by injecting a solution
186+submucosally into an intra-oral circumscribed area for the
187+relief or prevention of pain.
188+(6)(8) LICENSE. The grant of authority by the board to
189+a person to engage in the practice of dentistry or dental
190+hygiene.
191+(7)(9) LICENSE CERTIFICATE. The documentary evidence
192+under seal of the board that the board has granted authority
193+to the licensee to practice dentistry or dental hygiene in
194+this state.
195+(8)(10) LICENSED DENTIST. A dentist who holds a current
196+license certificate from the board.
197+(9)(11) LICENSED HYGIENIST. A hygienist who holds a
198+current license certificate from the board.
199+(10)(12) LOCAL ANESTHESIA. The elimination of
200+sensations, especially pain in one part of the body by topical
201+application or regional injection of a drug.
202+(11)(13) PATIENT ABANDONMENT. The termination of dental
203+treatment without giving the patient adequate notice of at
204+least 15 days before the termination of dental treatment.
205+Adequate notice includes informing the patient of the
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241-misdemeanor and upon conviction shall be punished by a fine of
242-not more than five thousand dollars ($5,000) for each offense,
243-to be fixed by the court trying the case, and in addition
244-thereto may be, in the discretion of the court, sentenced to
245-hard labor for the county for a period not to exceed 12 months
246-Class C felony and shall be punished as prescribed by law ."
247-"§34-9-10
248-(a)(1) Every person individual who desires to practice
249-dentistry within the State of Alabama shall file an
250-application accompanied by the appropriate fee prescribed by
251-the board.
252-(2) Notwithstanding the any particular requirement or
253-method of obtaining licensure or any particular requirement
254-set forth herein, every person as a prerequisite to licensure
255-applicant shall be at least 19 years of age, of good moral
256-character, a citizen of the United States or, if not a citizen
257-of the United States, a person an individual who is legally
258-present in the United States with appropriate documentation
259-from the federal government, and a graduate of a dental school
260-or college accredited by the American Dental Association
261-Commission on Dental Accreditation and approved by the board ,
262-and shall satisfy any other requirement set forth in any rule
263-adopted by the board.
264-(3) The board may issue a license to practice dentistry
265-to any applicant who meets the licensure requirements set
266-forth in this chapter and the applicable rules of the board,
267-and may refrain from issuing a license to any applicant if the
268-board determines that doing so would be inconsistent with the
235+availability of emergency treatment and providing the patient
236+with an opportunity to obtain the services of another dentist
237+during the notice period. Abandonment may also occur if the
238+dentist jeopardizes the health of the patient during the
239+termination process.
240+(12)(14) PRACTICE OF DENTISTRY ACROSS STATE LINES.
241+a. The practice of dentistry as defined in Section
242+34-9-6 as it applies to the following:
243+1. The rendering of a written or otherwise documented
244+professional opinion concerning the diagnosis or treatment of
245+a patient located within this state by a dentist located
246+outside this state as a result of transmission of individual
247+patient data by electronic or other means from within this
248+state to the dentist or his or her agent.
249+2. The rendering of treatment to a patient located
250+within this state by a dentist located outside this state as a
251+result of transmission of individual patient data by
252+electronic or other means from this state to the dentist or
253+his or her agent.
254+3. The holding of himself or herself out as qualified
255+to practice dentistry, or use any title, word, or abbreviation
256+to indicate or induce others to believe that he or she is
257+licensed to practice dentistry across state lines.
258+b. This definition is not intended to include an
259+informal consultation between a licensed dentist located in
260+this state and a dentist located outside this state provided
261+that the consultation is conducted without compensation or the
262+expectation of compensation to either dentist, and does not
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298-public interest and the promotion of public health and safety.
299-(b) Licensure by examination shall be applicable to the
300-following categories:
301-(1) Those individuals An applicant who have has never
302-been licensed or taken an examination and whose application to
303-take an examination administered or approved by the board is
304-received by the board within 18 months of graduation from
305-dental school or completion of an accredited or approved
306-post-doctoral residency program.
307-(2) Those individuals An applicant who havehas
308-successfully passed an examination approved but not
309-administered by the board so long as an application for
310-licensure is received by the board within five years of the
311-date of notification of passing such the examination. All
312-applicants shall pay a fee which shall accompany the
313-application.
314-(c) Any individual applicant who possesses a current
315-license in any state, who has passed an examination approved
316-by the board and who has, since graduation from dental or
317-dental hygiene school, practiced or participated in a clinical
318-residency or practiced dentistry or dental hygiene in the
319-Armed Forces or with the public health service shall be
320-eligible for licensure if an his or her application is
321-received by the board within five years of the completion of
322-the subject residency or Armed Forces or public health service
323-commitment. All the above applicants shall pay a fee which
324-shall accompany the application.
325-(d) Licensure by credentials may be utilized to
292+result in the formal rendering of a written or otherwise
293+documented professional opinion concerning the diagnosis or
294+treatment of a patient by the dentist located outside the
295+state.
296+(13)(15) PRIVATE TECHNICIANSTECHNICIAN. A technician
297+employed by a dentist or group of dentists for a specified
298+salary.
299+(14)(16) SEDATION. A depressed level of consciousness
300+that retains the patient's ability to independently and
301+continuously maintain an airway and respond appropriately to
302+physical stimulation or verbal command, produced by a
303+pharmacologic method."
304+"§34-9-10
305+(a)(1) Every person individual who desires to practice
306+dentistry within the State of Alabama shall file an
307+application accompanied by the appropriate fee prescribed by
308+the board.
309+(2) Notwithstanding the any particular requirement or
310+method of obtaining licensure or any particular requirement
311+set forth herein, every person as a prerequisite to licensure
312+applicant shall be at least 19 years of age, of good moral
313+character, a citizen of the United States or, if not a citizen
314+of the United States, a person an individual who is legally
315+present in the United States with appropriate documentation
316+from the federal government, and a graduate of a dental school
317+or college accredited by the American Dental Association
318+Commission on Dental Accreditation and approved by the board ,
319+and shall satisfy any other requirement set forth in any rule
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355-evaluate the theoretical knowledge and clinical skill of a
356-dentist or dental hygienist when an applicant for licensure by
357-credentials holds a dental or dental hygiene license in
358-another state. The board may promulgate establish rules and
359-regulations relating to licensure by credentials in addition
360-to any requirements by law. An The dentist or dental hygienist
361-applicant for licensure by credentials shall satisfy all of
362-the following:
363-(1) The dentist or dental hygienist shall have Has been
364-engaged in the active practice of clinical dentistry or
365-clinical dental hygiene or in full-time dental or dental
366-hygiene education for the five years or 5,000 hours
367-immediately preceding his or her application.
368-(2) The applicant shall hold Holds a current, valid,
369-unrevoked, and unexpired license in a state having examination
370-standards regarded by the board as an equivalent to the
371-Alabama standards.
372-(3) The board of examiners in the state of current
373-practice shall verify or endorse that the applicant's license
374-is Is licensed in good standing without any restrictions , as
375-verified by the board of examiners in the state of current
376-practice.
377-(4) The dentist or dental hygienist shall Is not be the
378-subject of a pending disciplinary action in any state in which
379-the individual he or she has been licensed which shall beas
380-verified by a query to the National Practitioner Data Bank,
381-the Health Integrity Protection Data Bank, the American
382-Association of Dental Boards Clearing House for Disciplinary
349+adopted by the board.
350+(3) The board may issue a license to practice dentistry
351+to any applicant who meets the licensure requirements set
352+forth in this chapter and the applicable rules of the board,
353+and may refrain from issuing a license to any applicant if the
354+board determines that doing so would be inconsistent with the
355+public interest and the promotion of public health and safety.
356+(b) Licensure by examination shall be applicable to the
357+following categories:
358+(1) Those individuals An applicant who have has never
359+been licensed or taken an examination and whose application to
360+take an examination administered or approved by the board is
361+received by the board within 18 months of graduation from
362+dental school or completion of an accredited or approved
363+post-doctoral residency program.
364+(2) Those individuals An applicant who havehas
365+successfully passed an examination approved but not
366+administered by the board so long as an application for
367+licensure is received by the board within five years of the
368+date of notification of passing such the examination. All
369+applicants shall pay a fee which shall accompany the
370+application.
371+(c) Any individual applicant who possesses a current
372+license in any state, who has passed an examination approved
373+by the board and who has, since graduation from dental or
374+dental hygiene school, practiced or participated in a clinical
375+residency or practiced dentistry or dental hygiene in the
376+Armed Forces or with the public health service shall be
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412-Information, or any other pertinent bank currently existing or
413-which may exist in the future.
414-(5) The applicant shall provide Provides a written
415-statement agreeing to be interviewed at the request of the
416-board.
417-(6) The individual shall successfully pass Passes a
418-written jurisprudence examination.
419-(7) There shall be certification from Is certified by
420-the United States Drug Enforcement Administration and from the
421-state board of any state in which the applicant he or she is
422-or has been licensed that the DEA registration is not the
423-subject of any pending disciplinary action or enforcement
424-proceeding of any kind.
425-(8)a.The dentist applicant shall submit Submits
426-affidavits as a dentist applicant from two licensed dentists
427-practicing in the same geographical area where the applicant
428-is then practicing or teaching attesting to the moral
429-character, standing, and ability of the applicant.
430-b. The dental hygiene applicant shall submit Submits
431-affidavits as a dental hygienist applicant from two licensed
432-dentists or two licensed dental hygienists, or any combination
433-of two thereof, practicing in the same geographical area where
434-the applicant he or she is then practicing or teaching ,
435-attesting to the his or her moral character, standing, and
436-ability of the applicant .
437-(9) The applicant shall provide Provides the board with
438-an official transcript with school seal from the school of
439-dentistry or school of dental hygiene which that issued the
406+eligible for licensure if an his or her application is
407+received by the board within five years of the completion of
408+the subject residency or Armed Forces or public health service
409+commitment. All the above applicants shall pay a fee which
410+shall accompany the application.
411+(d) Licensure by credentials may be utilized to
412+evaluate the theoretical knowledge and clinical skill of a
413+dentist or dental hygienist when an applicant for licensure by
414+credentials holds a dental or dental hygiene license in
415+another state. The board may promulgate establish rules and
416+regulations relating to licensure by credentials in addition
417+to any requirements by law. An The dentist or dental hygienist
418+applicant for licensure by credentials shall satisfy all of
419+the following:
420+(1) The dentist or dental hygienist shall have Has been
421+engaged in the active practice of clinical dentistry or
422+clinical dental hygiene or in full-time dental or dental
423+hygiene education for the five years or 5,000 hours
424+immediately preceding his or her application.
425+(2) The applicant shall hold Holds a current, valid,
426+unrevoked, and unexpired license in a state having examination
427+standards regarded by the board as an equivalent to the
428+Alabama standards.
429+(3) The board of examiners in the state of current
430+practice shall verify or endorse that the applicant's license
431+is Is licensed in good standing without any restrictions , as
432+verified by the board of examiners in the state of current
433+practice.
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469-applicant's his or her professional degree , or execute
470-executes a request and authorization allowing the board to
471-obtain the transcript.
472-(10) The applicant shall be Is a graduate of a dental
473-or dental hygiene school, college, or educational program
474-approved by the board.
475-(11) The applicant shall not be Is not the subject of
476-any pending or final action from any hospital revoking,
477-suspending, limiting, modifying, or interfering with any
478-clinical or staff privileges.
479-(12) The applicant shall not have Has not been
480-convicted of a felony or misdemeanor involving moral turpitude
481-or of any law dealing with the administering or dispensing of
482-legend drugs, including controlled substances.
483-(13) The board may consider or require Any other
484-criteria required by the board by rule, including, but not
485-limited to, any of the following:
486-a. Questioning under oath.
487-b. Results of peer review reports from constituent
488-dental societies or federal dental services.
489-c. Substance abuse testing or treatment.
490-d. Background checks for criminal or fraudulent
491-activities.
492-e. Participation in continuing education.
493-f. A current certificate in cardiopulmonary
494-resuscitation.
495-g. Recent case reports or oral defense of diagnosis and
496-treatment plans.
463+(4) The dentist or dental hygienist shall Is not be the
464+subject of a pending disciplinary action in any state in which
465+the individual he or she has been licensed which shall beas
466+verified by a query to the National Practitioner Data Bank,
467+the Health Integrity Protection Data Bank, the American
468+Association of Dental Boards Clearing House for Disciplinary
469+Information, or any other pertinent bank currently existing or
470+which may exist in the future.
471+(5) The applicant shall provide Provides a written
472+statement agreeing to be interviewed at the request of the
473+board.
474+(6) The individual shall successfully pass Passes a
475+written jurisprudence examination.
476+(7) There shall be certification from Is certified by
477+the United States Drug Enforcement Administration and from the
478+state board of any state in which the applicant he or she is
479+or has been licensed that the DEA registration is not the
480+subject of any pending disciplinary action or enforcement
481+proceeding of any kind.
482+(8)a.The dentist applicant shall submit Submits
483+affidavits as a dentist applicant from two licensed dentists
484+practicing in the same geographical area where the applicant
485+is then practicing or teaching attesting to the moral
486+character, standing, and ability of the applicant.
487+b. The dental hygiene applicant shall submit Submits
488+affidavits as a dental hygienist applicant from two licensed
489+dentists or two licensed dental hygienists, or any combination
490+of two thereof, practicing in the same geographical area where
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526-h. Proof of no physical or psychological impairment
527-that would adversely affect the ability to practice dentistry
528-or dental hygiene with reasonable skill and safety.
529-i. An agreement to initiate practice within the State
530-of Alabama within a period of one year.
531-j. Proof of professional liability coverage and that
532-coverage has not been refused, declined, cancelledcanceled,
533-nonrenewed, or modified.
534-k. Whether the applicant has been subject to any final
535-disciplinary action in any state in which the individual he or
536-she has been licensed which shall be verified by a query in
537-the National Practitioner Data Bank, the Health Integrity
538-Protection Data Bank, the American Association of Dental
539-Boards Clearing House for Disciplinary Information, any state
540-where the applicant has been licensed, or any other pertinent
541-bank currently existing or which may exist in the future.
542-l. Whether the applicant's DEA registration or any
543-state controlled substances permit has ever been revoked,
544-suspended, modified, restricted, or limited in any way.
545-Provided, however, that any discipline that results only from
546-a failure to timely renew a registration or permit shall not
547-prevent an applicant him or her from being eligible for this
548-method of licensure.
549-(14)(e) If all criteria and requirements are satisfied
550-and the board determines, after notice and a hearing, that the
551-individual applicant committed fraud or in any way falsified
552-any information in the application process, the license may be
553-revoked by the board.
520+the applicant he or she is then practicing or teaching ,
521+attesting to the his or her moral character, standing, and
522+ability of the applicant .
523+(9) The applicant shall provide Provides the board with
524+an official transcript with school seal from the school of
525+dentistry or school of dental hygiene which that issued the
526+applicant's his or her professional degree , or execute
527+executes a request and authorization allowing the board to
528+obtain the transcript.
529+(10) The applicant shall be Is a graduate of a dental
530+or dental hygiene school, college, or educational program
531+approved by the board.
532+(11) The applicant shall not be Is not the subject of
533+any pending or final action from any hospital revoking,
534+suspending, limiting, modifying, or interfering with any
535+clinical or staff privileges.
536+(12) The applicant shall not have Has not been
537+convicted of a felony or misdemeanor involving moral turpitude
538+or of any law dealing with the administering or dispensing of
539+legend drugs, including controlled substances.
540+(13) The board may consider or require Any other
541+criteria required by the board by rule, including, but not
542+limited to, any of the following:
543+a. Questioning under oath.
544+b. Results of peer review reports from constituent
545+dental societies or federal dental services.
546+c. Substance abuse testing or treatment.
547+d. Background checks for criminal or fraudulent
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583-(15)(f) In addition to the requirements for applicants
584-seeking licensure by credentials, an applicant desiring to
585-practice a specialty only shall satisfy the following
586-requirements:
587-a.(1) The specialty shall be one in a branch of
588-dentistry approved by the board.
589-b.(2) The applicant shall satisfy the existing
590-educational requirements and standards set forth by the board
591-for that approved specialty.
592-c.(3) An applicant who chooses to announce or practice
593-a specialty shall limit his or her practice exclusively to the
594-announced special area or areas of dental practice.
595-d.(4) If an applicant who is initially licensed by
596-credentials for a specialty practice decides to renounce his
597-or her specialty and practice general dentistry , and the
598-license originally issued did not require a general dental
599-license but rather a specialty license, or if the applicant
600-originally passed only a specialty examination, the applicant
601-may not practice general dentistry until he or she
602-successfully passes the board's regular general dentistry
603-examination. However, if the applicant has passed a general
604-dentistry examination or has holds a general dentistry
605-license, was practicing practices a specialty, and then
606-decides not to continue that specialty and but to practice
607-only general dentistry, the applicant is eligible for
608-licensure by credentials as a general dentist.
609-(e)(g)(1) Notwithstanding the provisions of subsection
610-(a), the board shall issue a special purpose license to
577+activities.
578+e. Participation in continuing education.
579+f. A current certificate in cardiopulmonary
580+resuscitation.
581+g. Recent case reports or oral defense of diagnosis and
582+treatment plans.
583+h. Proof of no physical or psychological impairment
584+that would adversely affect the ability to practice dentistry
585+or dental hygiene with reasonable skill and safety.
586+i. An agreement to initiate practice within the State
587+of Alabama within a period of one year.
588+j. Proof of professional liability coverage and that
589+coverage has not been refused, declined, cancelledcanceled,
590+nonrenewed, or modified.
591+k. Whether the applicant has been subject to any final
592+disciplinary action in any state in which the individual he or
593+she has been licensed which shall be verified by a query in
594+the National Practitioner Data Bank, the Health Integrity
595+Protection Data Bank, the American Association of Dental
596+Boards Clearing House for Disciplinary Information, any state
597+where the applicant has been licensed, or any other pertinent
598+bank currently existing or which may exist in the future.
599+l. Whether the applicant's DEA registration or any
600+state controlled substances permit has ever been revoked,
601+suspended, modified, restricted, or limited in any way.
602+Provided, however, that any discipline that results only from
603+a failure to timely renew a registration or permit shall not
604+prevent an applicant him or her from being eligible for this
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640-practice dentistry across state lines to an applicant who has
641-met the following requirements:
642-(1)a.The applicant holds Holds a full and unrestricted
643-license to practice dentistry in any state of the United
644-States or in territories, other than the State of Alabama, in
645-which the individual applicant is licensed.
646-(2)b.The applicant has Has not had any disciplinary
647-action or other action taken against him or her by any state
648-or licensing jurisdiction. If there has been previous
649-disciplinary or other action taken against the applicant, the
650-board may issue a certificate of qualification if it finds
651-that the previous disciplinary or other action indicates that
652-the dentist is not a potential threat to the public.
653-(3)c.The applicant submits Submits an application and
654-an application fee for a certificate of qualification for a
655-special purpose license to practice dentistry across state
656-lines on a form provided by the board , remits an application
657-fee in an amount established by the board, and pays a fee upon
658-certification. All required fees shall be established by the
659-board.
660-(f)(2) A special purpose license issued by the board to
661-practice dentistry across state lines limits the licensee
662-solely to the practice of dentistry across state lines. The
663-special purpose license shall be valid for a period of up to
664-three years, shall expire on a renewal date determined by the
665-board, and may be renewed upon receipt of a renewal fee as
666-established by the board. Failure to renew a license according
667-to the renewal schedule established by the board shall cause
634+method of licensure.
635+(14)(e) If all criteria and requirements are satisfied
636+and the board determines, after notice and a hearing, that the
637+individual applicant committed fraud or in any way falsified
638+any information in the application process, the license may be
639+revoked by the board.
640+(15)(f) In addition to the requirements for applicants
641+seeking licensure by credentials, an applicant desiring to
642+practice a specialty only shall satisfy the following
643+requirements:
644+a.(1) The specialty shall be one in a branch of
645+dentistry approved by the board.
646+b.(2) The applicant shall satisfy the existing
647+educational requirements and standards set forth by the board
648+for that approved specialty.
649+c.(3) An applicant who chooses to announce or practice
650+a specialty shall limit his or her practice exclusively to the
651+announced special area or areas of dental practice.
652+d.(4) If an applicant who is initially licensed by
653+credentials for a specialty practice decides to renounce his
654+or her specialty and practice general dentistry , and the
655+license originally issued did not require a general dental
656+license but rather a specialty license, or if the applicant
657+originally passed only a specialty examination, the applicant
658+may not practice general dentistry until he or she
659+successfully passes the board's regular general dentistry
660+examination. However, if the applicant has passed a general
661+dentistry examination or has holds a general dentistry
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697-the special purpose license to be inactive. An applicant may
698-reapply for a special purpose license to practice dentistry
699-across state lines following placement of the license on
700-inactive status. The applicant shall meet the qualifications
701-of subsection (e) in order to be eligible for renewal of the
702-license.
703-(g)(3) Notwithstanding the provisions of this section,
704-the board shall only issue a special purpose license to
705-practice dentistry across state lines to an applicant whose
706-principal practice location and license to practice are
707-located in a state or territory of the United States whose
708-laws permit or allow for the issuance of a special purpose
709-license to practice dentistry across state lines or similar
710-license to a dentist whose principal practice location and
711-license are located in another state. It is the stated intent
712-of this section that dentists who hold a full and current
713-license authorizing him or her to practice in the State of
714-Alabama shall be afforded the opportunity to obtain , on a
715-reciprocal basis, a reciprocal license to practice dentistry
716-across state lines in any other state or territory of the
717-United States as a precondition to the issuance of a special
718-purpose license as authorized by this section to a dentist
719-licensed in the other state or territory. The board shall
720-determine which states or territories have reciprocal
721-licensure requirements meeting the qualifications of this
722-section.
723-(h) Any individual applicant who does not qualify for
724-licensure pursuant to any of the above subsections but who has
691+license, was practicing practices a specialty, and then
692+decides not to continue that specialty and but to practice
693+only general dentistry, the applicant is eligible for
694+licensure by credentials as a general dentist.
695+(e)(g)(1) Notwithstanding the provisions of subsection
696+(a), the board shall issue a special purpose license to
697+practice dentistry across state lines to an applicant who has
698+met the following requirements:
699+(1)a.The applicant holds Holds a full and unrestricted
700+license to practice dentistry in any state of the United
701+States or in territories, other than the State of Alabama, in
702+which the individual applicant is licensed.
703+(2)b.The applicant has Has not had any disciplinary
704+action or other action taken against him or her by any state
705+or licensing jurisdiction. If there has been previous
706+disciplinary or other action taken against the applicant, the
707+board may issue a certificate of qualification if it finds
708+that the previous disciplinary or other action indicates that
709+the dentist is not a potential threat to the public.
710+(3)c.The applicant submits Submits an application and
711+an application fee for a certificate of qualification for a
712+special purpose license to practice dentistry across state
713+lines on a form provided by the board , remits an application
714+fee in an amount established by the board, and pays a fee upon
715+certification. All required fees shall be established by the
716+board.
717+(f)(2) A special purpose license issued by the board to
718+practice dentistry across state lines limits the licensee
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754-passed an out-of-state examination approved by the board and
755-possesses a current license in good standing authorizing the
756-applicant to practice in the state of issuance another state
757-is eligible to apply for licensure upon payment of a fee
758-established by the board . The board shall have discretion
759-whether to require an examination for any such individual the
760-applicant, including the time, place, type, and content of any
761-such the examination.
762-(i) A current license shall mean one in good standing
763-authorizing the individual to practice in the state of
764-issuance."
765-"§34-9-11
766-When an application and accompanying proof as are
767-required herein under this chapter are found satisfactory, the
768-boardBoard shall notify the applicant to appear for
769-examination at a time and place to be fixed by the board, and
770-each applicant shall be examined and graded by number in lieu
771-of name. All examinations provided for in this chapter shall
772-be approved by the board and shall be of such the type and
773-character as to test the qualifications of the applicant to
774-practice dentistry. It is provided Provided, however, that the
775-board may recognize any written parts of an examination given
776-by the Joint Commission on National Dental Examinations in
777-lieu of such or subject to the board examinations or subject
778-to such examinations as the board may approve. Those found
779-qualified by the board , consistent with Section 34-9-10(a),
780-shall be granted a license and a license certificate which
781-shall bear a serial number, the full name of the licensee, the
748+solely to the practice of dentistry across state lines. The
749+special purpose license shall be valid for a period of up to
750+three years, shall expire on a renewal date determined by the
751+board, and may be renewed upon receipt of a renewal fee as
752+established by the board. Failure to renew a license according
753+to the renewal schedule established by the board shall cause
754+the special purpose license to be inactive. An applicant may
755+reapply for a special purpose license to practice dentistry
756+across state lines following placement of the license on
757+inactive status. The applicant shall meet the qualifications
758+of subsection (e) in order to be eligible for renewal of the
759+license.
760+(g)(3) Notwithstanding the provisions of this section,
761+the board shall only issue a special purpose license to
762+practice dentistry across state lines to an applicant whose
763+principal practice location and license to practice are
764+located in a state or territory of the United States whose
765+laws permit or allow for the issuance of a special purpose
766+license to practice dentistry across state lines or similar
767+license to a dentist whose principal practice location and
768+license are located in another state. It is the stated intent
769+of this section that dentists who hold a full and current
770+license authorizing him or her to practice in the State of
771+Alabama shall be afforded the opportunity to obtain , on a
772+reciprocal basis, a reciprocal license to practice dentistry
773+across state lines in any other state or territory of the
774+United States as a precondition to the issuance of a special
775+purpose license as authorized by this section to a dentist
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811-date of issuance, and the seal of the board, and shall be
812-signed by each member of the board."
813-"§34-9-15
814-(a) No person individual shall practice dentistry or
815-dental hygiene in the State of Alabama unless licensed or
816-permitted by the board and registered annually as required by
817-this chapter.
818-(b)(1) The secretary-treasurer of the board shall issue
819-to each licensee an initial registration form which shall
820-contain space for the insertion of name, address, date, and
821-number of license certificate, and other information as the
822-board shall deem necessary. The licensee shall sign and verify
823-the accuracy of the registration before a notary public after
824-which he or she shall forward the registration to the
825-secretary-treasurer of the board together with a fee. Each
826-subsequent registration shall be made in electronic format or
827-by United States mail upon a form to be determined by the
828-board.
829-(2) On or before October 1 of each year, every dentist
830-and dental hygienist licensed or permitted to practice
831-dentistry or dental hygiene in the state shall transmit either
832-online or by United States mail to the secretary-treasurer of
833-the board the completed form prescribed by the board, together
834-with a fee established by the board pursuant to this chapter,
835-and receive thereafter the current annual registration
836-certificate authorizing him or her to continue the practice of
837-dentistry or dental hygiene in the state for a period of one
838-year. Notwithstanding Section 34-9-16, the total amount of any
805+licensed in the other state or territory. The board shall
806+determine which states or territories have reciprocal
807+licensure requirements meeting the qualifications of this
808+section.
809+(h) Any individual applicant who does not qualify for
810+licensure pursuant to any of the above subsections but who has
811+passed an out-of-state examination approved by the board and
812+possesses a current license in good standing authorizing the
813+applicant to practice in the state of issuance another state
814+is eligible to apply for licensure upon payment of a fee
815+established by the board . The board shall have discretion
816+whether to require an examination for any such individual the
817+applicant, including the time, place, type, and content of any
818+such the examination.
819+(i) A current license shall mean one in good standing
820+authorizing the individual to practice in the state of
821+issuance."
822+"§34-9-11
823+When an application and accompanying proof as are
824+required herein under this chapter are found satisfactory, the
825+boardBoard shall notify the applicant to appear for
826+examination at a time and place to be fixed by the board, and
827+each applicant shall be examined and graded by number in lieu
828+of name. All examinations provided for in this chapter shall
829+be approved by the board and shall be of such the type and
830+character as to test the qualifications of the applicant to
831+practice dentistry. It is provided Provided, however, that the
832+board may recognize any written parts of an examination given
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868-administrative fines and costs assessed upon the licensee
869-pursuant to Section 34-9-18 in a final and non-appealable
870-order or agreement shall be added to and made a part of the
871-fee.
872-(c)(1) Any license or permit previously granted under
873-the authority of this chapter or any prior dental practice act
874-shall automatically be suspended if the holder thereof fails
875-to secure the annual registration certificate before January
876-1, each year. Any dentist or dental hygienist whose license or
877-permit is automatically suspended by reason of failure,
878-neglect, or refusal to secure the annual registration
879-certificate shall be reinstated by the board upon payment of
880-the penalty fee plus all accrued annual registration fees up
881-to a maximum of five years, accompanied with the prescribed
882-form for annual registration of the license or permit.
883-(2) Upon failure of any licensee or permittee to file
884-application for the annual registration certificate and pay
885-the annual registration fee on or before November 30, each
886-year, the board shall notify the licensee or permittee by mail
887-addressed to the last address of record that the application
888-and fee have not been received and that, unless the
889-application and fee are received on or before the first day of
890-January, the license or permit shall be automatically
891-suspended. The board shall notify the licensee or permittee by
892-mail addressed to the last address of record of the effective
893-date of the automatic suspension and the provisions for
894-registration of the license or permit.
895-(d)(1) The board shall waive the annual payment of fees
862+by the Joint Commission on National Dental Examinations in
863+lieu of such or subject to the board examinations or subject
864+to such examinations as the board may approve. Those found
865+qualified by the board , consistent with Section 34-9-10(a),
866+shall be granted a license and a license certificate which
867+shall bear a serial number, the full name of the licensee, the
868+date of issuance, and the seal of the board, and shall be
869+signed by each member of the board."
870+"§34-9-15
871+(a) No person individual shall practice dentistry or
872+dental hygiene in the State of Alabama unless licensed or
873+permitted by the board and registered annually as required by
874+this chapter.
875+(b)(1) The secretary-treasurer of the board shall issue
876+to each licensee an initial registration form which shall
877+contain space for the insertion of name, address, date, and
878+number of license certificate, and other information as the
879+board shall deem necessary. The licensee shall sign and verify
880+the accuracy of the registration before a notary public after
881+which he or she shall forward the registration to the
882+secretary-treasurer of the board together with a fee. Each
883+subsequent registration shall be made in electronic format or
884+by United States mail upon a form to be determined by the
885+board.
886+(2) On or before October 1 of each year, every dentist
887+and dental hygienist licensed or permitted to practice
888+dentistry or dental hygiene in the state shall transmit either
889+online or by United States mail to the secretary-treasurer of
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925-herein provided for and issue a current annual registration
926-certificate to any licensee or permittee who , because of age
927-or physical disability, has retired from the practice of
928-dentistry or dental hygiene because of age or physical
929-disabilityor who is suffering a malady of a lingering or
930-permanent nature .
931-(2) The board by rule shall waive annual registration
932-and the payment of fees while any licensee is on temporary
933-active duty with any of the Armed Forces of the United States.
934-(3) The waiver waivers of fees herein provided in this
935-subsection shall be effective so long as the retirement
936-because of age or physical disability or temporary active duty
937-continues.
938-(b)(e) The board shall adopt and promulgate rules and
939-regulations for the adoption of a program of continuing
940-education for its licensees by October 1, 1991 . After that
941-date, the The successful completion of continuing education
942-program requirements shall be a requisite for renewal of
943-licenses and permits issued pursuant to this chapter."
944-"§34-9-26
945-(a)(1) No person individual shall practice as a dental
946-hygienist in this state until such person has passed an
947-examination given by the board or approved by the board, or
948-both, under rules and regulations as the board may promulgate
949-and the payment of a fee he or she is duly licensed and
950-currently registered as a dental hygienist pursuant to this
951-chapter.
952-(b) The board shall may issue licenses and license
919+the board the completed form prescribed by the board, together
920+with a fee established by the board pursuant to this chapter,
921+and receive thereafter the current annual registration
922+certificate authorizing him or her to continue the practice of
923+dentistry or dental hygiene in the state for a period of one
924+year. Notwithstanding Section 34-9-16, the total amount of any
925+administrative fines and costs assessed upon the licensee
926+pursuant to Section 34-9-18 in a final and non-appealable
927+order or agreement shall be added to and made a part of the
928+fee.
929+(c)(1) Any license or permit previously granted under
930+the authority of this chapter or any prior dental practice act
931+shall automatically be suspended if the holder thereof fails
932+to secure the annual registration certificate before January
933+1, each year. Any dentist or dental hygienist whose license or
934+permit is automatically suspended by reason of failure,
935+neglect, or refusal to secure the annual registration
936+certificate shall be reinstated by the board upon payment of
937+the penalty fee plus all accrued annual registration fees up
938+to a maximum of five years, accompanied with the prescribed
939+form for annual registration of the license or permit.
940+(2) Upon failure of any licensee or permittee to file
941+application for the annual registration certificate and pay
942+the annual registration fee on or before November 30, each
943+year, the board shall notify the licensee or permittee by mail
944+addressed to the last address of record that the application
945+and fee have not been received and that, unless the
946+application and fee are received on or before the first day of
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982-certificates to practice as dental hygienists to those
983-personsapplicants who have passed the examination and have
984-been found qualified by the board. Alternatively, the board
985-may deny licenses or license certificates in instances where
986-it determines that doing so would be inconsistent with the
987-public interest and the promotion of public health and safety.
988-(c) The license certificate and annual registration
989-certificate shall be displayed in the office in which the
990-dental hygienist is employed.
991-(d) No person applicant shall be entitled to a license
992-and license certificate unless the person he or she is 19
993-years of age and of good moral character.
994-(e) Each applicant for examination and license as a
995-dental hygienist shall meet either of the following
996-requirements:
997-(1) shall be a graduate of Has graduated from a school
998-of dental hygiene which has been approved by the board ., or in
999-lieu thereof, shall have
1000-(2) Has served as a dental assistant for a period of
1001-time established by board rule and shall have served at least
1002-one year as a dental hygienist trainee under a training permit
1003-issued by the board to a qualified dentist practicing in this
1004-state in accordance with the dental hygienist training program
1005-established by the board.
1006-(f) Any person practicing in violation of this section
1007-shall be guilty of a misdemeanor, and the board may impose the
1008-penalties outlined in Section 34-9-18 for such violation."
1009-"§34-9-27
976+January, the license or permit shall be automatically
977+suspended. The board shall notify the licensee or permittee by
978+mail addressed to the last address of record of the effective
979+date of the automatic suspension and the provisions for
980+registration of the license or permit.
981+(d)(1) The board shall waive the annual payment of fees
982+herein provided for and issue a current annual registration
983+certificate to any licensee or permittee who , because of age
984+or physical disability, has retired from the practice of
985+dentistry or dental hygiene because of age or physical
986+disabilityor who is suffering a malady of a lingering or
987+permanent nature .
988+(2) The board by rule shall waive annual registration
989+and the payment of fees while any licensee is on temporary
990+active duty with any of the Armed Forces of the United States.
991+(3) The waiver waivers of fees herein provided in this
992+subsection shall be effective so long as the retirement
993+because of age or physical disability or temporary active duty
994+continues.
995+(b)(e) The board shall adopt and promulgate rules and
996+regulations for the adoption of a program of continuing
997+education for its licensees by October 1, 1991 . After that
998+date, the The successful completion of continuing education
999+program requirements shall be a requisite for renewal of
1000+licenses and permits issued pursuant to this chapter."
1001+"§34-9-26
1002+(a)(1) No person individual shall practice as a dental
1003+hygienist in this state until such person has passed an
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1039-(a) A dental hygienist Dental hygienists shall work
1040-only under the direct supervision of a duly licensed dentist
1041-practicing in this state. Dental hygienists A dental hygienist
1042-may perform any duties allowed by rule or regulation of the
1043-board and assist a licensed or permitted dentist in his or her
1044-practice.
1045-(b) Any dental hygienist licensed by the board under
1046-this section who has completed the curriculum for dental
1047-hygienists at a dental school approved by the board shall have
1048-the right to use the title Registered Dental Hygienist or the
1049-abbreviation thereof, "R.D.H." appended to his or her name
1050-signifying the license conferred.
1051-(c) The board may impose any of the penalties outlined
1052-in Section 34-9-18 against any dentist who shall permit any
1053-dental hygienist working under his or her supervision to
1054-perform any operation other than those permitted under this
1055-section, and may impose the penalties outlined in Section
1056-34-9-18 against any dental hygienist who shall perform
1057-performs any operation other than those permitted under this
1058-section."
1059-"§34-9-43
1060-(a) The board shall exercise, subject to this chapter,
1061-the following powers and duties:
1062-(1) Adopt rules for its government as deemed necessary
1063-and proper.
1064-(2) Prescribe Adopt rules for qualification and
1065-licensing of dentists and dental hygienists.
1066-(3) Conduct or participate in examinations to ascertain
1033+examination given by the board or approved by the board, or
1034+both, under rules and regulations as the board may promulgate
1035+and the payment of a fee he or she is duly licensed and
1036+currently registered as a dental hygienist pursuant to this
1037+chapter.
1038+(b) The board shall may issue licenses and license
1039+certificates to practice as dental hygienists to those
1040+personsapplicants who have passed the examination and have
1041+been found qualified by the board. Alternatively, the board
1042+may deny licenses or license certificates in instances where
1043+it determines that doing so would be inconsistent with the
1044+public interest and the promotion of public health and safety.
1045+(c) The license certificate and annual registration
1046+certificate shall be displayed in the office in which the
1047+dental hygienist is employed.
1048+(d) No person applicant shall be entitled to a license
1049+and license certificate unless the person he or she is 19
1050+years of age and of good moral character.
1051+(e) Each applicant for examination and license as a
1052+dental hygienist shall meet either of the following
1053+requirements:
1054+(1) shall be a graduate of Has graduated from a school
1055+of dental hygiene which has been approved by the board ., or in
1056+lieu thereof, shall have
1057+(2) Has served as a dental assistant for a period of
1058+time established by board rule and shall have served at least
1059+one year as a dental hygienist trainee under a training permit
1060+issued by the board to a qualified dentist practicing in this
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1096-the qualification and fitness of applicants for licenses as
1097-dentists and dental hygienists.
1098-(4) Make Adopt rules and regulations regarding
1099-sanitation.
1100-(5) Formulate Adopt rules and regulations by which
1101-dental schools and colleges are approved, and formulate adopt
1102-rules and regulations by which training, educational,
1103-technical, vocational, or any other institution which that
1104-provides instruction for dental assistants, dental laboratory
1105-technicians, or any other paradental personnel are approved.
1106-(6) Grant or deny licenses, issue license certificates,
1107-teaching permits, and annual registration certificates in
1108-conformity with this chapter to such qualified dentists and
1109-dental hygienists .
1110-(7) Conduct hearings or proceedings to impose the
1111-penalties specified in Section 34-9-18.
1112-(8)a. Employ necessary persons individuals to assist in
1113-performing its duties in the administration and enforcement of
1114-this chapter, and to provide offices, furniture, fixtures,
1115-supplies, printing, or secretarial service to these persons
1116-and expend necessary funds.
1117-b. Employ an attorney or attorneys, subject to the
1118-approval of the Attorney General, to advise and assist in the
1119-carrying out and enforcing of the provisions of this chapter.
1120-Provided, however, that if the board contracts with an outside
1121-attorney to be general counsel to the board, that attorney or
1122-any member of a law firm with which he or she is associated
1123-shall not function as the board's prosecutor at disciplinary
1090+state in accordance with the dental hygienist training program
1091+established by the board.
1092+(f) Any person practicing in violation of this section
1093+shall be guilty of a misdemeanor, and the board may impose the
1094+penalties outlined in Section 34-9-18 for such violation."
1095+"§34-9-27
1096+(a) A dental hygienist Dental hygienists shall work
1097+only under the direct or general supervision of a duly
1098+licensed dentist practicing in this state , as prescribed by
1099+the board pursuant to its rules . Dental hygienists A dental
1100+hygienist may perform any duties allowed by rule or regulation
1101+of the board and assist a licensed or permitted dentist in his
1102+or her practice.
1103+(b) Any dental hygienist licensed by the board under
1104+this section who has completed the curriculum for dental
1105+hygienists at a dental school approved by the board shall have
1106+the right to use the title Registered Dental Hygienist or the
1107+abbreviation thereof, "R.D.H." appended to his or her name
1108+signifying the license conferred.
1109+(c) The board may impose any of the penalties outlined
1110+in Section 34-9-18 against any dentist who shall permit any
1111+dental hygienist working under his or her supervision to
1112+perform any operation other than those permitted under this
1113+section, and may impose the penalties outlined in Section
1114+34-9-18 against any dental hygienist who shall perform
1115+performs any operation other than those permitted under this
1116+section."
1117+"§34-9-43
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11521146 Page 21
1153-hearings.
1154-(9)a. Investigate alleged violations of this chapter
1155-and institute or have instituted before the board or the
1156-proper court appropriate proceedings regarding the violation.
1157-b. Authorize and employ investigators who comply with
1158-the Alabama Peace Officers' Minimum Standards and Training Act
1159-to exercise the powers of a peace officer in investigating
1160-alleged violations of the drug or controlled substances laws
1161-by persons individuals licensed pursuant to this chapter,
1162-including the powers of arrest and inspection of documents.
1163-(10) Adopt rules and regulations to implement this
1164-chapter.
1165-(11) Publish, on a quarterly basis, all minutes, except
1166-minutes of executive sessions, financial reports, schedules of
1167-meetings, including anticipated executive sessions, and other
1168-pertinent information on the board's website no later than 90
1169-days following the date of occurrence. In addition, publish or
1170-post annually the rules and regulations promulgated adopted by
1171-the board, a copy of the Dental Practice Act, and a list of
1172-all persons individuals licensed to practice under this
1173-chapter.
1174-(12) Attend meetings, seminars, workshops, or events
1175-that may improve the function and efficiency of the board or
1176-improve the ability of the board to enforce and administer
1177-this chapter.
1178-(b) The board, in exercising its powers and duties,
1179-shall adhere to guidelines and proceedings of the State Ethics
1180-Commission as provided in Chapter 25 of Title 36. The board
1147+(a) The board shall exercise, subject to this chapter,
1148+the following powers and duties:
1149+(1) Adopt rules for its government as deemed necessary
1150+and proper.
1151+(2) Prescribe Adopt rules for qualification and
1152+licensing of dentists and dental hygienists.
1153+(3) Conduct or participate in examinations to ascertain
1154+the qualification and fitness of applicants for licenses as
1155+dentists and dental hygienists.
1156+(4) Make Adopt rules and regulations regarding
1157+sanitation.
1158+(5) Formulate Adopt rules and regulations by which
1159+dental schools and colleges are approved, and formulate adopt
1160+rules and regulations by which training, educational,
1161+technical, vocational, or any other institution which that
1162+provides instruction for dental assistants, dental laboratory
1163+technicians, or any other paradental personnel are approved.
1164+(6) Grant or deny licenses, issue license certificates,
1165+teaching permits, and annual registration certificates in
1166+conformity with this chapter to such qualified dentists and
1167+dental hygienists .
1168+(7) Conduct hearings or proceedings to impose the
1169+penalties specified in Section 34-9-18.
1170+(8)a. Employ necessary persons individuals to assist in
1171+performing its duties in the administration and enforcement of
1172+this chapter, and to provide offices, furniture, fixtures,
1173+supplies, printing, or secretarial service to these persons
1174+and expend necessary funds.
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1210-may adopt rules for the purpose of establishing additional
1211-ethical guidelines."
1212-"§34-9-60
1213-Any person individual licensed or permitted to practice
1214-dentistry in the State of Alabama shall be authorized to use
1215-anesthesia in accordance with the provisions of this
1216-section.all of the following:
1217-(1) All dentists are authorized to use local
1218-anesthesia.
1219-(2) Twelve months after May 29, 1985, no dentist shall
1220-use general anesthesia on an outpatient basis for dental
1221-patients, unless such dentist possesses a permit of
1222-authorization issued by the Board of Dental Examiners board.
1223-a. In order to receive such the permit, the dentist
1224-must apply on a prescribed application form to the Board of
1225-Dental Examiners board, submit an application fee, and produce
1226-evidence showing that he or she meets all of the following
1227-requirements:
1228-1. Has completed a minimum of one year of advanced
1229-training in anesthesiology and related academic subjects (or
1230-its equivalent) beyond the undergraduate dental school level
1231-in a training program as described in Part II of the
1232-guidelines for teaching the comprehensive control of pain and
1233-anxiety in dentistry; or
1234-2. Is a diplomate of the American Board of Oral and
1235-Maxillofacial Surgery, or is eligible for examination by the
1236-American Board of Oral and Maxillofacial Surgery, or is a
1237-member of the American Association of Oral and Maxillofacial
1204+b. Employ an attorney or attorneys, subject to the
1205+approval of the Attorney General, to advise and assist in the
1206+carrying out and enforcing of the provisions of this chapter.
1207+Provided, however, that if the board contracts with an outside
1208+attorney to be general counsel to the board, that attorney or
1209+any member of a law firm with which he or she is associated
1210+shall not function as the board's prosecutor at disciplinary
1211+hearings.
1212+(9)a. Investigate alleged violations of this chapter
1213+and institute or have instituted before the board or the
1214+proper court appropriate proceedings regarding the violation.
1215+b. Authorize and employ investigators who comply with
1216+the Alabama Peace Officers' Minimum Standards and Training Act
1217+to exercise the powers of a peace officer in investigating
1218+alleged violations of the drug or controlled substances laws
1219+by persons individuals licensed pursuant to this chapter,
1220+including the powers of arrest and inspection of documents.
1221+(10) Adopt rules and regulations to implement this
1222+chapter.
1223+(11) Publish, on a quarterly basis, all minutes, except
1224+minutes of executive sessions, financial reports, schedules of
1225+meetings, including anticipated executive sessions, and other
1226+pertinent information on the board's website no later than 90
1227+days following the date of occurrence. In addition, publish or
1228+post annually the rules and regulations promulgated adopted by
1229+the board, a copy of the Dental Practice Act, and a list of
1230+all persons individuals licensed to practice under this
1231+chapter.
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1267-Surgeons; or
1268-3. Employs or works in conjunction with a qualified
1269-medical doctor licensed physician who is a member of the
1270-anesthesiology staff in an accredited hospital, provided that
1271-such anesthesiologist must remain on the premises of the
1272-dental facility until any patient given a general anesthetic
1273-regains consciousness and is discharged; and
1274-4. Has a properly equipped facility for the
1275-administration of general anesthesia staffed with a supervised
1276-team of auxiliary personnel capable of reasonably assisting
1277-the dentist with procedures, problems, and emergencies
1278-incident thereto. Adequacy of the facility and competence of
1279-the anesthesia team shall be determined by the Board of Dental
1280-Examiners board as outlined belowin paragraph b.
1281-5. Possesses current Has successfully completed
1282-training in Advanced Cardiac Cardiovascular Life Support
1283-(ACLS), and basic life support certification his or her
1284-auxiliary personnel have successfully completed training in
1285-Basic Life Support (BLS) .
1286-b. Prior to the issuance of suchthe permit, the Board
1287-of Dental Examiners board, at its discretion, may require an
1288-on-site inspection of the facility, equipment, and personnel
1289-to determine if, in fact, the aforementioned requirements in
1290-paragraph a. have been met. This evaluation shall be carried
1291-out in a manner prescribed by the board. The evaluation shall
1292-be conducted by a team of three examiners appointed by the
1293-Board of Dental Examiners board. These examiners shall be
1294-dentists who are authorized to administer general
1261+(12) Attend meetings, seminars, workshops, or events
1262+that may improve the function and efficiency of the board or
1263+improve the ability of the board to enforce and administer
1264+this chapter.
1265+(b) The board, in exercising its powers and duties,
1266+shall adhere to guidelines and proceedings of the State Ethics
1267+Commission as provided in Chapter 25 of Title 36. The board
1268+may adopt rules for the purpose of establishing additional
1269+ethical guidelines."
1270+"§34-9-60
1271+Any person individual licensed or permitted to practice
1272+dentistry in the State of Alabama shall be authorized to use
1273+anesthesia in accordance with the provisions of this
1274+section.all of the following:
1275+(1) All dentists are authorized to use local
1276+anesthesia.
1277+(2) Twelve months after May 29, 1985, no dentist shall
1278+use general anesthesia on an outpatient basis for dental
1279+patients, unless such dentist possesses a permit of
1280+authorization issued by the Board of Dental Examiners board.
1281+a. In order to receive such the permit, the dentist
1282+must apply on a prescribed application form to the Board of
1283+Dental Examiners board, submit an application fee, and produce
1284+evidence showing that he or she meets all of the following
1285+requirements:
1286+1. Has completed a minimum of one year of advanced
1287+training in anesthesiology and related academic subjects (or
1288+its equivalent) beyond the undergraduate dental school level
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1324-anesthesiaThe team of examiners shall consist of at least one
1325-licensed dentist who holds a general anesthesia permit and at
1326-least two other persons as prescribed by the board pursuant to
1327-its rules. If the results of the initial evaluation are deemed
1328-unsatisfactory, the applicant may reapply for a permit subject
1329-to the correction of the deficiencies outlined in the original
1330-evaluation.
1331-(3) Each dentist who is licensed to practice dentistry
1332-in the state on May 29, 1985, who desires to continue to use
1333-general anesthesia shall make application on the prescribed
1334-form to the Board of Dental Examiners board within 12 months
1335-of May 29, 1985. If he or she meets the requirements of this
1336-section, he or she shall be issued such a permit. If the
1337-applicant does not meet the requirements of paragraph a. of
1338-subdivision (2)a. of this section , he or she may be entitled
1339-to a "general anesthesia permit" provided said the applicant
1340-passes to the satisfaction of the board an on-site inspection
1341-as provided for in paragraph b. of subdivision (2) of this
1342-section(2)b.
1343-(4) Each dentist who has not been using general
1344-anesthesia prior to May 29, 1985, may be granted by the board
1345-a temporary provisional permit based on the applicant's
1346-producing evidence that he or she has complied with paragraph
1347-a. of subdivision (2) of this section above pending complete
1348-processing of the application and thorough investigation of an
1349-on-site evaluation as described in paragraph b. of subdivision
1350-(2) of this section. "
1351-"§34-9-63
1318+in a training program as described in Part II of the
1319+guidelines for teaching the comprehensive control of pain and
1320+anxiety in dentistry; or
1321+2. Is a diplomate of the American Board of Oral and
1322+Maxillofacial Surgery, or is eligible for examination by the
1323+American Board of Oral and Maxillofacial Surgery, or is a
1324+member of the American Association of Oral and Maxillofacial
1325+Surgeons; or
1326+3. Employs or works in conjunction with a qualified
1327+medical doctor licensed physician who is a member of the
1328+anesthesiology staff in an accredited hospital, provided that
1329+such anesthesiologist must remain on the premises of the
1330+dental facility until any patient given a general anesthetic
1331+regains consciousness and is discharged; and
1332+4. Has a properly equipped facility for the
1333+administration of general anesthesia staffed with a supervised
1334+team of auxiliary personnel capable of reasonably assisting
1335+the dentist with procedures, problems, and emergencies
1336+incident thereto. Adequacy of the facility and competence of
1337+the anesthesia team shall be determined by the Board of Dental
1338+Examiners board as outlined belowin paragraph b.
1339+5. Possesses current Has successfully completed
1340+training in Advanced Cardiac Cardiovascular Life Support
1341+(ACLS), and basic life support certification his or her
1342+auxiliary personnel have successfully completed training in
1343+Basic Life Support (BLS) .
1344+b. Prior to the issuance of suchthe permit, the Board
1345+of Dental Examiners board, at its discretion, may require an
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1381-(a) The issuance of a permit for general anesthesia
1382-shall include the privilege of administering parenteral
1383-sedation in accordance with this section. The issuance of a
1384-permit for parenteral sedation shall include the privilege of
1385-administering intravenous sedation. All current intravenous
1386-sedation permit holders are entitled to a parenteral sedation
1387-permit subject to the renewal and regulatory provisions
1388-afforded to the Board of Dental Examiners by requirements and
1389-board rules adopted by the board pursuant to this chapter. The
1390-term "parenteral sedation " shall not include the use or
1391-regulation of nitrous oxide.
1392-(b)(1) No dentist shall use parenteral sedation on an
1393-outpatient basis for dental patients unless the dentist
1394-possesses a permit of authorization issued by the board. The
1395-dentist applying for or holding the permit shall be subject to
1396-on-site inspections as provided in paragraph b. of subdivision
1397-(2)b. of Section 34-9-60.
1398-a.(2) In order to receive the permit, the dentist shall
1399-meet all of the following requirements :
1400-1.a. Apply on a prescribed application form to the
1401-board.
1402-2.b. Submit a fee.
1403-3.c. Produce evidence showing that he or she has
1404-satisfied each of the following requirements:
1405-(i)1. Received formal training in the use of parenteral
1406-sedation from a board approved training program, is competent
1407-to handle all emergencies relating to parenteral sedation, and
1408-is currently certified in cardiopulmonary resuscitation. The
1375+on-site inspection of the facility, equipment, and personnel
1376+to determine if, in fact, the aforementioned requirements in
1377+paragraph a. have been met. This evaluation shall be carried
1378+out in a manner prescribed by the board. The evaluation shall
1379+be conducted by a team of three examiners appointed by the
1380+Board of Dental Examiners board. These examiners shall be
1381+dentists who are authorized to administer general anesthesia.
1382+If the results of the initial evaluation are deemed
1383+unsatisfactory, the applicant may reapply for a permit subject
1384+to the correction of the deficiencies outlined in the original
1385+evaluation.
1386+(3) Each dentist who is licensed to practice dentistry
1387+in the state on May 29, 1985, who desires to continue to use
1388+general anesthesia shall make application on the prescribed
1389+form to the Board of Dental Examiners board within 12 months
1390+of May 29, 1985. If he or she meets the requirements of this
1391+section, he or she shall be issued such a permit. If the
1392+applicant does not meet the requirements of paragraph a. of
1393+subdivision (2)a. of this section , he or she may be entitled
1394+to a "general anesthesia permit" provided said the applicant
1395+passes to the satisfaction of the board an on-site inspection
1396+as provided for in paragraph b. of subdivision (2) of this
1397+section(2)b.
1398+(4) Each dentist who has not been using general
1399+anesthesia prior to May 29, 1985, may be granted by the board
1400+a temporary provisional permit based on the applicant's
1401+producing evidence that he or she has complied with paragraph
1402+a. of subdivision (2) of this section above pending complete
14091403 673
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14371431 Page 26
1438-certification of the formal training shall specify the total
1439-number of hours, the number of didactic hours, and the number
1440-of patient contact hours. The required number of didactic
1441-hours and patient contact hours shall be determined by the
1432+processing of the application and thorough investigation of an
1433+on-site evaluation as described in paragraph b. of subdivision
1434+(2) of this section. "
1435+"§34-9-63
1436+(a) The issuance of a permit for general anesthesia
1437+shall include the privilege of administering parenteral
1438+sedation in accordance with this section. The issuance of a
1439+permit for parenteral sedation shall include the privilege of
1440+administering intravenous sedation. All current intravenous
1441+sedation permit holders are entitled to a parenteral sedation
1442+permit subject to the renewal and regulatory provisions
1443+afforded to the Board of Dental Examiners by requirements and
1444+board rules adopted by the board pursuant to this chapter. The
1445+term "parenteral sedation " shall not include the use or
1446+regulation of nitrous oxide.
1447+(b)(1) No dentist shall use parenteral sedation on an
1448+outpatient basis for dental patients unless the dentist
1449+possesses a permit of authorization issued by the board. The
1450+dentist applying for or holding the permit shall be subject to
1451+on-site inspections as provided in paragraph b. of subdivision
1452+(2)b. of Section 34-9-60.
1453+a.(2) In order to receive the permit, the dentist shall
1454+meet all of the following requirements :
1455+1.a. Apply on a prescribed application form to the
14421456 board.
1443-(ii)2. Equipped a proper facility for the
1444-administration of parenteral sedation, staffed with a
1445-supervised team of auxiliary personnel capable of reasonably
1446-assisting the dentist with procedures, problems, and
1447-emergencies incident to the sedation procedure.
1448-b.(3) Adequacy of the facility and the competency of
1449-the sedation team shall be determined by the board.
1450-c.(4) Prior to the issuance of a permit, the board may
1451-require an on-site inspection of the facility, equipment, and
1452-personnel to determine if the requirements of this section
1453-have been met. This evaluation shall be performed as provided
1454-in subdivision (2) of this section .
1455-(2)(c)(1) Each dentist who is licensed to practice
1456-dentistry in the state and who desires to continue to use
1457-parenteral sedation shall make application to the board on the
1458-prescribed form to the board. If he or she meets the
1459-requirements of this section, or currently holds a valid
1460-intravenous sedation permit, he or she shall be issued such a
1461-permit subject to all renewal and regulatory requirements of
1462-Section 34-9-64. If the applicant does not meet the
1463-requirements of paragraph a. of subdivision (1) of this
1464-sectionsubdivision (b)(2) , or does not currently hold a valid
1465-intravenous sedation permit, he or she may be entitled to a
1457+2.b. Submit a fee.
1458+3.c. Produce evidence showing that he or she has
1459+satisfied each of the following requirements:
14661460 701
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1493-728 HB285 EnrolledHB285 Enrolled
1487+728 HB285 INTRODUCEDHB285 INTRODUCED
14941488 Page 27
1495-"parenteral sedation permit" if the applicant passes , to the
1496-satisfaction of the board, an on-site inspection to the
1497-board's satisfaction . The inspection shall ascertain that
1498-whether the dentist has a properly equipped facility for the
1489+(i)1. Received formal training in the use of parenteral
1490+sedation from a board approved training program, is competent
1491+to handle all emergencies relating to parenteral sedation, and
1492+is currently certified in cardiopulmonary resuscitation. The
1493+certification of the formal training shall specify the total
1494+number of hours, the number of didactic hours, and the number
1495+of patient contact hours. The required number of didactic
1496+hours and patient contact hours shall be determined by the
1497+board.
1498+(ii)2. Equipped a proper facility for the
14991499 administration of parenteral sedation, staffed with a
15001500 supervised team of auxiliary personnel capable of reasonably
1501-assisting the dentist with incidental procedures, problems,
1502-and emergencies.
1503-The board, in (2) In conducting the on-site inspection
1504-and evaluations required in this sectionsubsection, the board
1505-shall appoint a team of up to three examiners who shall be
1506-dentists certified to administer parenteral sedation in
1507-accordance with this article . The team of examiners shall
1508-consist of at least one licensed dentist who holds a
1509-parenteral sedation permit and at least two other persons as
1510-prescribed by the board pursuant to its rules.
1511-(3) A dentist utilizing parenteral sedation and the
1512-auxiliary personnel of the dentist shall be currently
1513-certified in cardiopulmonary resuscitation and the dentist
1514-shall be trained in advanced cardiac life support (d) A dentist
1515-utilizing parenteral sedation shall have successfully
1516-completed training in Advanced Cardiovascular Life Support
1517-(ACLS), and his or her auxiliary personnel shall have
1518-successfully completed training in Basic Life Support (BLS) .
1519-(4)(e) Each dentist who has not been using parenteral
1520-sedation, pending complete processing of an application and a
1521-thorough on-site evaluation, may be granted one temporary
1522-provisional permit by the board at a time, if the applicant
1501+assisting the dentist with procedures, problems, and
1502+emergencies incident to the sedation procedure.
1503+b.(3) Adequacy of the facility and the competency of
1504+the sedation team shall be determined by the board.
1505+c.(4) Prior to the issuance of a permit, the board may
1506+require an on-site inspection of the facility, equipment, and
1507+personnel to determine if the requirements of this section
1508+have been met. This evaluation shall be performed as provided
1509+in subdivision (2) of this section .
1510+(2)(c)(1) Each dentist who is licensed to practice
1511+dentistry in the state and who desires to continue to use
1512+parenteral sedation shall make application to the board on the
1513+prescribed form to the board. If he or she meets the
1514+requirements of this section, or currently holds a valid
1515+intravenous sedation permit, he or she shall be issued such a
1516+permit subject to all renewal and regulatory requirements of
15231517 729
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1544+756 HB285 INTRODUCEDHB285 INTRODUCED
15511545 Page 28
1546+Section 34-9-64. If the applicant does not meet the
1547+requirements of paragraph a. of subdivision (1) of this
1548+sectionsubdivision (b)(2) , or does not currently hold a valid
1549+intravenous sedation permit, he or she may be entitled to a
1550+"parenteral sedation permit" if the applicant passes , to the
1551+satisfaction of the board, an on-site inspection to the
1552+board's satisfaction . The inspection shall ascertain that
1553+whether the dentist has a properly equipped facility for the
1554+administration of parenteral sedation, staffed with a
1555+supervised team of auxiliary personnel capable of reasonably
1556+assisting the dentist with incidental procedures, problems,
1557+and emergencies.
1558+The board, in (2) In conducting the on-site inspection
1559+and evaluations required in this sectionsubsection, the board
1560+shall appoint a team of up to three examiners who shall be
1561+dentists certified to administer parenteral sedation in
1562+accordance with this article . The team of examiners shall
1563+consist of at least one licensed dentist who holds a
1564+parenteral sedation permit and at least two other persons as
1565+prescribed by the board pursuant to its rules.
1566+(3) A dentist utilizing parenteral sedation and the
1567+auxiliary personnel of the dentist shall be currently
1568+certified in cardiopulmonary resuscitation and the dentist
1569+shall be trained in advanced cardiac life support (d) A dentist
1570+utilizing parenteral sedation shall have successfully
1571+completed training in Advanced Cardiovascular Life Support
1572+(ACLS), and his or her auxiliary personnel shall have
1573+successfully completed training in Basic Life Support (BLS) .
1574+757
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1576+759
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1580+763
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1603+(4)(e) Each dentist who has not been using parenteral
1604+sedation, pending complete processing of an application and a
1605+thorough on-site evaluation, may be granted one temporary
1606+provisional permit by the board at a time, if the applicant
15521607 produces evidence that he or she has complied with this
15531608 section."
15541609 "§34-9-86
15551610 The board, prior Prior to issuance of a permit for oral
15561611 conscious sedation, the board may require an on-site
15571612 inspection of the personnel, the facility, and the equipment
15581613 to determine if the requirements of this article have been
15591614 met. The inspection team shall be determined by the board and
15601615 shall reflect the principles of peer review The on-site
15611616 inspection shall be conducted by an investigator employed by
15621617 the board pursuant to Section 34-9-3 or by such other
15631618 individuals as prescribed by the board pursuant to its rules ."
15641619 Section 2. This act shall become effective on the first
15651620 day of the third month following its passage and approval by
15661621 the Governor, or its otherwise becoming law.
1567-757
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1579-769
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1582-Page 29
1583-________________________________________________
1584-Speaker of the House of Representatives
1585-________________________________________________
1586-President and Presiding Officer of the Senate
1587-House of Representatives
1588-I hereby certify that the within Act originated in and
1589-was passed by the House 18-May-23, as amended.
1590-John Treadwell
1591-Clerk
1592-Senate 25-May-23 Passed
1593-772
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