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Regular Session, 2010
HOUSE BILL NO. 440
BY REPRESENTATIVE MILLS
DENTISTRY: Establishes a deadline for the adoption of rules by the La. State Board of
Dentistry
AN ACT1
To enact R.S. 37:796(E) and (F), relative to the Louisiana State Board of Dentistry; to2
establish a deadline for the adoption of rules by the Louisiana State Board of3
Dentistry; to provide for the removal of board members for the failure to timely4
adopt rules relating to the provision of dental services at mobile dental clinics and5
locations other than the dental office; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 37:796(E) and (F) are hereby enacted to read as follows: 8
ยง796. Louisiana State Board of Dentistry; adoption of rules relating to the9
providing of dental services at mobile dental clinics and locations other than10
the dental office11
* * *12
E. The rules provided for by this Section shall be adopted by January 1,13
2011.14
F. Notwithstanding any other provision of law to the contrary, the failure to15
adopt rules as provided by the provisions of Subsection B of this Section by January16
1, 2011, shall be grounds for the immediate removal of the members of the Louisiana17
State Board of Dentistry.18
Section 2. This Act shall become effective upon signature by the governor or, if not19
signed by the governor, upon expiration of the time for bills to become law without signature20
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If21 HLS 10RS-1342 ENGROSSED
HB NO. 440
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are additions.
vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Mills HB No. 440
Abstract: Requires the La. State Board of Dentistry to adopt rules by Jan. 1, 2011, or be
subject to penalty.
Present law requires the La. State Board of Dentistry to adopt rules relative to providing
dental services at mobile dental clinics and locations other than the dental office. Specifies
that the rules must include but not be limited to the following:
(1) Guidelines and criteria for the permitting of dentists who wish to provide dental
services at mobile dental clinics and locations other than their office.
(2) Guidelines and criteria for recordkeeping regarding the services provided.
(3) Guidelines and criteria for the practice standards and the types of dental services
which may be provided at mobile dental clinics and locations other than the dental
office.
(4) Guidelines and criteria requiring a signed consent form from the parent or guardian
prior to providing dental services to a minor.
(5) Guidelines and criteria providing for parental consultation and involvement
regarding the provision of dental services to a minor.
(6) Guidelines and criteria regarding the equipment and standards which shall be
maintained in order to provide dental services at mobile dental clinics and locations
offering dental services other than the dental office.
(7) Provisions for the inspection of mobile dental clinics and locations offering dental
services other than the dental office by the La. State Board of Dentistry.
(8) Guidelines and criteria for the disposal of infectious waste associated with providing
dental services at mobile dental clinics and locations other than the dental office.
Specifies that all the rules shall be adopted in accordance with the Administrative Procedure
Act. Further, provides that present law shall not be construed to prohibit the La. State Board
of Dentistry from adopting emergency rules as otherwise provided for in the Administrative
Procedure Act.
Proposed law requires the adoption of the rules established in present law by Jan. 1, 2011.
Proposed law also provides that the failure to adopt the rules by Jan. 1, 2011, are grounds
for the immediate removal of the members of the La. State Board of Dentistry.
Effective upon signature of governor or lapse of the time for gubernatorial action.
(Adds R.S. 37:796(E) and (F))