Session of 2025
SENATE BILL No. 31
By Committee on Public Health and Welfare
1-16
AN ACT concerning health professions and practices; relating to the
regulation of dentists; Kansas dental board; requiring that treating
dentist information be given to patients upon request; prohibiting
agreements that limit a patient's ability to file complaints; eliminating
the minimum personal presence requirements of licensee in dental
office using licensee's name; amending K.S.A. 65-1430, 65-1435, 65-
1436 and 65-1467 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-1430 is hereby amended to read as follows: 65-
1430. (a) Every practitioner of dentistry within the meaning of this act
shall post and keep conspicuously displayed the dentist's name, license and
current license renewal certificate in each office in which the dentist
practices, in plain sight of patients, and if there is more than one dentist
practicing or employed in any office the manager or proprietor of such
office shall post or display, or cause to be posted and displayed, in like
manner the name and license of each dentist so practicing or employed in
such office.
(b) Upon request of a patient, a treating dentist shall provide such
patient with basic information about the treating dentist and the dental
practice ownership. Such information shall include, but not be limited to,
the full name, after-hours emergency contact information and the Kansas
state license number for the dental practice owner and the treating dentist.
Failure to provide such information shall subject the dentist to
disciplinary action by the board.
Sec. 2. K.S.A. 65-1435 is hereby amended to read as follows: 65-
1435. (a) Except as otherwise provided in this section, it shall be unlawful
for any person or persons to practice or offer to practice dentistry under
any name except such person's own name, which shall be the name used
on the license granted to such person as a dentist as provided in the dental
practices act.
(b) A licensed dentist may use the name of any association,
corporation, clinic, trade name or business name in connection with the
practice of dentistry, as defined in the dental practices act, except that such
name may not misrepresent the dentist to the public as determined by the
Kansas dental board.
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(c) Nothing herein contained This section shall not be construed to
prevent two or more licensed dentists from:
(1) From Associating together for the practice of dentistry, each in
such person's own proper name; or
(2) from associating together for the practice of dentistry, each as
owners, in a professional corporation, organized pursuant to the
professional corporation law of Kansas, or, each as owners, in a limited
liability company organized pursuant to the Kansas revised limited
liability company act, and using a name that may or may not contain the
proper name of any such person or persons except that such name may not
misrepresent the dentist to the public and from employing nonowning
licensees; or
(3) from associating together with persons licensed by the state board
of healing arts to practice medicine and surgery in a clinic or professional
association under a name that may or may not contain the proper name of
any such person or persons and may contain the word "clinic."
(d) It shall be unlawful, and a licensee may have a license suspended
or revoked, for any licensee to conduct a dental office in the name of the
licensee, or to advertise the licensee's name in connection with any dental
office or offices, or to associate together for the practice of dentistry with
other licensed dentists in a professional corporation or limited liability
company, under a name that may or may not contain the proper name of
any such person or persons or to associate together with persons licensed
to practice medicine and surgery in a clinic or professional association
under a name that may or may not contain the proper name of any such
person or persons and may contain the word "clinic," unless such licensee
is personally present in the office operating as a dentist or personally
overseeing such operations as are performed in the office or each of the
offices at least 20% of the time patients are being treated in the office or
each of the offices.
(e) The violation of any of the provisions of this section by any
dentist shall subject such dentist to suspension or revocation of a license.
(f) Notwithstanding the provisions of subsection (d), a licensee shall
be permitted to own two dental offices in addition to the licensee's primary
office location under the following conditions:
(1) The licensee's secondary dental office is located within a 125-mile
radius of the licensee's primary office; and
(2) the licensee's secondary dental office is located in a county with a
population of less than 10,000 according to the 2000 United States census.
Sec. 3. K.S.A. 65-1436 is hereby amended to read as follows: 65-
1436. (a) The Kansas dental board may refuse to issue the license under
the dental practices act, or may take any of the actions with respect to any
dental or dental hygiene license as set forth in subsection (b), whenever it
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is established, after notice and opportunity for hearing in accordance with
the provisions of the Kansas administrative procedure act, that any
applicant for a dental or dental hygiene license or any licensed dentist or
dental hygienist practicing in the state of Kansas has:
(1) Committed fraud, deceit or misrepresentation in obtaining any
license, money or other thing of value;
(2) habitually used intoxicants or drugs which have rendered such
person unfit for the practice of dentistry or dental hygiene;
(3) been determined by the board to be professionally incompetent;
(4) committed gross, wanton or willful negligence in the practice of
dentistry or dental hygiene;
(5) employed, allowed or permitted any unlicensed person or persons
to perform any work in the licensee's office which that constitutes the
practice of dentistry or dental hygiene under the provisions of the dental
practices act;
(6) willfully violated the laws of this state relating to the practice of
dentistry or dental hygiene or the rules and regulations of the secretary of
health and environment or of the board regarding sanitation;
(7) engaged in the division of fees, or agreed to split or divide the fee
received for dental service, with any person for bringing or referring a
patient without the knowledge of the patient or the patient's legal
representative, except:
(A) The division of fees between dentists practicing in a partnership
and sharing professional fees;
(B) the division of fees between one licensed dentist employing
another; or
(C) the division of fees between a licensed dentist and a dental
franchisor;
(8) committed complicity in association with or allowed the use of
the licensed dentist's name in conjunction with any person who is engaged
in the illegal practice of dentistry;
(9) been convicted of a felony or a misdemeanor involving moral
turpitude in any jurisdiction and the licensee fails to show that the licensee
has been sufficiently rehabilitated to warrant the public trust;
(10) prescribed, dispensed, administered or distributed a prescription
drug or substance, including a controlled substance, in an excessive,
improper or inappropriate manner or quantity outside the scope of practice
of dentistry or in a manner that impairs the health and safety of an
individual;
(11) prescribed, purchased, administered, sold or given away
prescription drugs, including a controlled substance, for other than legal
and legitimate purposes;
(12) violated or been convicted of any federal or state law regulating
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possession, distribution or use of any controlled substance;
(13) failed to pay license fees;
(14) used the name "clinic," "institute" or other title that may suggest
a public or semipublic activity except that the name "clinic" may be used
as authorized in K.S.A. 65-1435, and amendments thereto;
(15) committed, after becoming a licensee, any conduct which is
detrimental to the public health, safety or welfare as defined by rules and
regulations of the board;
(16) engaged in a misleading, deceptive, untrue or fraudulent
misrepresentation in the practice of dentistry or on any document
connected with the practice of dentistry by knowingly submitting any
misleading, deceptive, untrue or fraudulent misrepresentation on a claim
form, bill or statement, including the systematic waiver of patient co-
payment or co-insurance;
(17) failed to keep adequate records;
(18) the licensee has had a license to practice dentistry revoked,
suspended or limited, has been censured or has had other disciplinary
action taken, has had an application for license denied, or voluntarily
surrendered the license after formal proceedings have been commenced by
the proper licensing authority or another state, territory or the District of
Columbia or other country, a certified copy of the record of the action of
the other jurisdiction being conclusive evidence thereof;
(19) failed to furnish the board, or its investigators or representatives
any information legally requested by the board; or
(20) assisted suicide in violation of K.S.A. 21-3406, prior to its
repeal, or K.S.A. 2024 Supp. 21-5407, and amendments thereto, as
established by any of the following:
(A) A copy of the record of criminal conviction or plea of guilty for a
felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 2024
Supp. 21-5407, and amendments thereto;
(B) a copy of the record of a judgment of contempt of court for
violating an injunction issued under K.S.A. 60-4404, and amendments
thereto; or
(C) a copy of the record of a judgment assessing damages under
K.S.A. 60-4405, and amendments thereto; or
(21) directed or pressured another dentist who is an employee,
associate or subordinate to perform dentistry that fails to adhere to the
applicable standard of dental care or that violates the dental practices act.
(b) Whenever it is established, after notice and opportunity for
hearing in accordance with the provisions of the Kansas administrative
procedure act, that a licensee is in any of the circumstances or has
committed any of the acts described in subsection (a), the Kansas dental
board may take one or any combination of the following actions with
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respect to the license of the licensee:
(1) Revoke the license;
(2) suspend the license for such period of time as may be determined
by the board;
(3) restrict the right of the licensee to practice by imposing limitations
upon dental or dental hygiene procedures which may be performed,
categories of dental disease which may be treated or types of patients
which may be treated by the dentist or dental hygienist. Such restrictions
shall continue for such period of time as may be determined by the board,
and the board may require the licensee to provide additional evidence at
hearing before lifting such restrictions; or
(4) grant a period of probation during which the imposition of one or
more of the actions described in subsections (b)(1) through (b)(3) will be
stayed subject to such conditions as may be imposed by the board
including a requirement that the dentist or dental hygienist refrain from
any course of conduct which may result in further violation of the dental
practice act or the dentist or dental hygienist complete additional or
remedial instruction. The violation of any provision of the dental practice
act or failure to meet any condition imposed by the board as set forth in the
order of the board will result in immediate termination of the period of
probation and imposition of such other action as has been taken by the
board.
(c) As used in this section, "professionally incompetent" means:
(1) One or more instances involving failure to adhere to the
applicable standard of dental or dental hygienist care to a degree which
constitutes gross negligence, as determined by the board;
(2) repeated instances involving failure to adhere to the applicable
standard of dental or dental hygienist care to a degree which constitutes
ordinary negligence, as determined by the board; or
(3) a pattern of dental or dental hygienist practice or other behavior
which demonstrates a manifest incapacity or incompetence to practice
dentistry.
(d) In addition to or in lieu of one or more of the actions described in
subsections (b)(1) through (b)(4) or in subsection (c) of K.S.A. 65-
1444(c), and amendments thereto, the board may assess a fine not in
excess of $10,000 against a licensee. All fines collected pursuant to this
subsection shall be remitted to the state treasurer in accordance with the
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
each such remittance, the state treasurer shall deposit the entire amount in
the state treasury and of the amount so remitted, an amount equal to the
board's actual costs related to fine assessment and enforcement under this
subsection, as certified by the president of the board to the state treasurer,
shall be credited to the dental board fee fund and the balance shall be
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credited to the state general fund.
(e) The board, upon its own motion or upon the request of any
licensee who is a party to a licensure action, may require a physical or
mental examination, or both, of such licensee either prior to a hearing to be
held as a part of a licensure action or prior to the termination of any period
of suspension or the termination of any restrictions imposed upon the
licensee as provided in subsection (b).
Sec. 4. K.S.A. 65-1467 is hereby amended to read as follows: 65-
1467. (a) Any complaint or report, record or other information relating to a
complaint which that is received, obtained or maintained by the Kansas
dental board shall be confidential and shall not be disclosed by the board
or its employees in a manner which that identifies or enables identification
of the person who is the subject or source of the information except the
information may be disclosed:
(1) In any proceeding conducted by the board under the law or in an
appeal of an order of the board entered in a proceeding, or to any party to a
proceeding or appeal or the party's attorney;
(2) to the person who is the subject of the information or to any
person or entity when requested by the person who is the subject of the
information, but the board may require disclosure in such a manner that
will prevent identification of any other person who is the subject or source
of the information; or
(3) to a state or federal licensing, regulatory or enforcement agency
with jurisdiction over the subject or the information or to an agency with
jurisdiction over acts or conduct similar to acts or conduct which would
constitute grounds for action under this act. Any confidential complaint or
report, record or other information disclosed by the board as authorized by
this section shall not be redisclosed by the receiving agency except as
otherwise authorized by law.
(b) A dentist or contract for dental services shall not require a patient
to sign an agreement that attempts to limit the patient's ability to file a
complaint with the board.
(c) This section shall be a part of and supplemental to the Kansas
dental practices act.
Sec. 5. K.S.A. 65-1430, 65-1435, 65-1436 and 65-1467 are hereby
repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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