Louisiana 2013 Regular Session

Louisiana House Bill HB234 Latest Draft

Bill / Introduced Version

                            HLS 13RS-713	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 234
BY REPRESENTATIVE PATRICK WILLIAMS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DENTISTRY:  Requires that owner identification information be marked on every
removable dental prosthesis fabricated by a dentist or pursuant to a dentist's order
AN ACT1
To enact R.S. 37:772.1 and Part XXXIV-A of Chapter 5 of Title 40 of the Louisiana Revised2
Statutes of 1950, to be comprised of R.S. 40:1299.133 through 1299.135, relative to3
dentistry; to provide for definitions; to require, with certain exceptions, that owner4
identification be marked on certain dental prostheses; to authorize certain formats for5
the inscription of such identifying information; to authorize the Louisiana State6
Board of Dentistry to establish penalties; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1.  R.S. 37:772.1 is hereby enacted to read as follows: 9
§772.1.  Dentures and other removable dental prostheses; owner identification10
A. Every complete upper and lower denture and removable dental prosthesis11
fabricated by a dentist who is licensed pursuant to the provisions of this Chapter, or12
fabricated pursuant to a dentist's work order or under the dentist's direction or13
supervision, shall be marked with owner identification information in accordance14
with the provisions of Part XXXIV-A of Chapter 5 of Title 40 of the Louisiana15
Revised Statutes of 1950.16
B.  The board may establish, through rules promulgated in accordance with17
the Administrative Procedure Act, any penalty or sanction it deems appropriate for18
failure of a dentist to comply with the provisions of this Section.19 HLS 13RS-713	ORIGINAL
HB NO. 234
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are additions.
Section 2. Part XXXIV-A of Chapter 5 of Title 40 of the Louisiana Revised Statutes1
of 1950, comprised of R.S. 40:1299.133 through 1299.135, is hereby enacted to read as2
follows:3
PART XXXIV-A.  REMOVABLE DENTAL PROSTHESES - OWNER4
IDENTIFICATION5
§1299.133.  Definitions6
As used in this Part, the following terms shall have the meaning ascribed to7
them in this Section:8
(1)  "Dental prostheses" means dentures, bridges, artificial restorations, or9
other structures to be used or worn as substitutes for natural teeth, or appliances for10
the correction of disease, loss, deformity, malposition, dislocation, fracture of or11
injury to the jaws, teeth, lips, gums, cheeks, palate, or associated tissues or parts.12
(2)  "Dentist" means a person who is licensed to practice dentistry pursuant13
to the provisions of the Dental Practice Act, R.S. 37:751 et seq.14
§1299.134.  Dental prostheses; inscription of owner identification required15
A. Except as provided in R.S. 40:1299.135, every complete upper and lower16
denture and removable dental prosthesis fabricated by a dentist or pursuant to a17
dentist's work order or under the dentist's direction or supervision shall be marked18
with the name and social security number of the patient for whom the prosthesis is19
intended.  The markings shall be applied, implanted, or otherwise inscribed during20
fabrication and shall be permanent, legible, and cosmetically acceptable.21
B.  The exact location of the markings required by Subsection A of this22
Section and the methods used to inscribe the markings shall be determined by the23
dentist or the dental laboratory which fabricates the prosthesis.24
C. If, in the professional judgment of the dentist or dental laboratory, the25
marking of identification as provided in Subsection A of this Section is not practical,26
identifying information shall be marked in accordance with at least one of the27
following provisions:28 HLS 13RS-713	ORIGINAL
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(1) The social security number of the patient may be omitted from the1
marking if the name of the patient is shown.2
(2) The marking may show the initials of the patient exclusively if use of the3
name of the patient is impracticable.4
§1299.135.  Exceptions5
The owner identification markings provided for in this Part may be omitted6
in their entirety if, in the professional judgment of the dentist, none of the forms of7
identification are practicable or clinically safe.8
Section 3. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
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)]
Patrick Williams	HB No. 234
Abstract: Requires that owner identification information be marked on every removable
dental prosthesis fabricated by a dentist or pursuant to a dentist's order.
Proposed law requires that every complete upper and lower denture and removable dental
prosthesis fabricated by a dentist duly licensed under present law, or fabricated pursuant to
a dentist's work order or under the dentist's direction or supervision, be marked with owner
identification information.
Proposed law defines "dental prostheses" as dentures, bridges, artificial restorations, or other
structures to be used or worn as substitutes for natural teeth, or appliances for the correction
of disease, loss, deformity, malposition, dislocation, fracture of or injury to the jaws, teeth,
lips, gums, cheeks, palate, or associated tissues or parts.
Proposed law provides that the required identification information shall include the name
and social security number of the patient for whom the prosthesis is intended.
Proposed law provides that if the dentist or dental laboratory determines the marking of
identification as provided in proposed law is not practical, identifying information shall be
marked in either of the following forms:
(1)The social security number of the patient may be omitted from the marking if the
name of the patient is shown. HLS 13RS-713	ORIGINAL
HB NO. 234
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(2)The marking may show the initials of the patient exclusively if use of the name of
the patient is impracticable.
Proposed law provides an exception to the owner identification inscription requirement for
cases in which, in the professional judgment of the dentist, none of the forms of
identification are practicable or clinically safe.
Proposed law provides that the La. State Board of Dentistry may establish any penalty or
sanction it deems appropriate for failure of a dentist to comply with 	proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 37:772.1 and R.S. 40:1299.133-1299.135)