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Regular Session, 2014
SENATE BILL NO. 167
BY SENATOR MARTINY
DENTISTRY. Provides relative to the Board of Dentistry. (gov sig)
AN ACT1
To amend and reenact R.S. 37:751(A), 760(A)(7), and 775(A)(9) and (B), relative to the2
Louisiana State Board of Dentistry; to provide for definitions; to provide for powers3
and duties of the board; to clarify unprofessional conduct; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 37:751(A), 760(A)(7), and 775(A)(9) and (B) are hereby amended7
and reenacted to read as follows:8
§751. Definitions; licensure; presumption; short title9
A. As used in this Chapter:10
(1) "Advertisement" and "advertising" means any statement, oral or11
written, requested and approved in writing by a licensed dentist, disseminated12
to or displayed before the public or any portion thereof with the intent of selling13
professional dental services, offering to perform professional dental services, or14
inducing members of the public to enter into any obligation relating to such15
professional dental services. This shall apply to advertising of any nature16
regardless of whether it is in the form of paid advertising but shall not apply to17 SB NO. 167
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any such statement that has not been requested and approved in writing by the1
licensed dentist. Listing, identifying, or grouping of dentists by an insurance2
company on a website or by any other means of disseminating information3
involving a dentist participating with an insurance company and an associated4
affiliate (i.e., third party payer including, without limitation, a dental health5
maintenance organization, a dental preferred provider organization, Medicaid,6
or a dental discount entity) shall not be deemed an advertisement or advertising7
by the dentist, and the insurance company, and the associated affiliate shall not8
be deemed a "referral" company nor shall a "listed" dentist be considered to9
be advertising through a referral service by participating with such a company.10
(2) "Another state" means each of the several states, other than Louisiana,11
and includes the District of Columbia, and the Commonwealth of Puerto Rico and12
the Virgin Islands.13
(2)(3) "Board" means the Louisiana State Board of Dentistry.14
(3)(4) "Dental assistant" means a person who is employed by a licensed15
practicing dentist and performs the duties authorized by the Louisiana State Board16
of Dentistry only under his direct on-premises supervision, direction, and17
responsibility.18
(4)(5) "Dental hygienist" means a person licensed under the provision of this19
Chapter to perform those duties authorized by the Louisiana State Board of Dentistry20
as set forth in rules and regulations promulgated by the board in accordance with the21
Administrative Procedure Act.22
(5)(6) "Dentistry" means the evaluation, diagnosis, prevention, or treatment,23
including nonsurgical, surgical, or related procedures, of diseases, disorders, or24
conditions of the oral cavity, maxillofacial areas or the adjacent and associated25
structures and their impact on the human body provided by a dentist within the scope26
of his education, training, and experience, in accordance with the ethics of the27
profession and applicable law.28
(6)(7) "Expanded duty dental assistant" means a person who is employed by29 SB NO. 167
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a licensed practicing dentist and has passed an expanded function for dental1
assistants course approved by the Louisiana State Board of Dentistry that shall not2
consist of less than thirty classroom hours, or who has graduated from a dental3
assisting program accredited by the Commission on Dental Accreditation of the4
American Dental Association provided the program teaches functions as provided5
for in LAC 46:XXXIII.502 and .503. An expanded duty dental assistant may perform6
any functions authorized by the Louisiana State Board of Dentistry for an expanded7
duty dental assistant under the direct, on-premises supervision, direction, and8
responsibility of the dentist.9
(7)(8) "Licensure by credentials" means issuing of a license using a10
performance record in place of examinations to evaluate theoretical knowledge and11
clinical skill when an applicant for licensure has been awarded a D.D.S. or D.M.D.12
degree from a dental school accredited by the Commission on Dental Accreditation13
of the American Dental Association and holds a dental license or has received a14
degree or certificate in a dental hygiene education program accredited by the15
Commission on Dental Accreditation of the American Dental Association and holds16
a dental hygiene license.17
(8)(9) "Reciprocity" means formal reciprocal agreement between two state18
boards under which a dentist licensed in one state may apply for and receive a19
license in another state without examination and without fulfilling any other20
requirements except the usual state license fees.21
(9)(10) "Reputable dental school" means one that is recognized as such by22
the Louisiana State Board of Dentistry according to its rules and regulations.23
(10)(11) "Unlicensed person" means a person who is not licensed by the24
board who illegally practices dentistry or dental hygiene.25
* * *26
§760. Powers and duties of the board27
A. The board shall exercise, subject to the provisions of this Chapter, the28
following powers and duties:29 SB NO. 167
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* * *1
(7) Shall investigate complaints of illegal practice or a violation of this2
Chapter when evidence is presented to the board. Upon receipt by the board of a3
complaint against a licensee, the board shall notify the licensee of the nature and4
facts of the complaint, the identity of the complainant, and provide the licensee5
with a copy of the complaint, if such a complaint is in writing.6
* * *7
§775. Unprofessional conduct defined8
A. As used in this Chapter, "unprofessional conduct" means:9
* * *10
(9) Advertising of dental services in any medium which has not been11
approved by the licensed dentist and which that does not contain the dentist's full12
name as it appears on the license or renewal certificate issued by the board or13
the dentist's commonly used name, address, and telephone number.14
* * *15
B. Notwithstanding any provision of this Section, when it is required by this16
Section that an advertisement include the name of the advertising dentist (either as17
it appears on the license or renewal certificate of the dentist or the dentist's18
commonly used name) or the specialties of all dentists practicing within or under19
the name of a corporation, company, association, limited liability company, or trade20
name be disclosed in the advertisement, and address and phone number of the21
dentist, such requirement shall be deemed to be sufficiently satisfied if the names22
and specialties of all dentists practicing in, with or under the said corporation,23
company, association, limited liability company, or trade name and the address and24
the phone number are made available on an Internet website fully disclosed in the25
advertisement, or are provided without delay to any individual requesting such26
information by contacting the advertiser at a telephone number also disclosed in the27
advertisement. Whether the advertisement is run by the corporation, company,28
association, limited liability company, or trade name, or any individual member29 SB NO. 167
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practicing therein, all dentists practicing in, with or under the corporation, company,1
association, limited liability company, or trade name shall be responsible for the2
content of the advertisement.3
Section 2. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Martiny (SB 167)
Proposed law defines "advertisement" and "advertising" to mean any statement, oral or
written, requested and approved in writing by a licensed dentist, disseminated to or displayed
before the public or any portion thereof with the intent of selling professional dental
services, offering to perform professional dental services, or inducing members of the public
to enter into any obligation relating to such professional dental services. This shall apply to
advertising of any nature regardless of whether it is in the form of paid advertising but shall
not apply to any such statement which has not been requested and approved in writing by
the licensed dentist. Listing, identifying, or grouping of dentists by an insurance company
on a website or by any other means of disseminating information involving a dentist
participating with an insurance company and an associated affiliate (i.e., third party payer
including, without limitation, a dental health maintenance organization, a dental preferred
provider organization, Medicaid, or a dental discount entity) shall not be deemed an
advertisement or advertising by the dentist, and the insurance company, and the associated
affiliate shall not be deemed a "referral" company nor shall a "listed" dentist be considered
to be advertising through a referral service by participating with such a company.
Present law provides for one of powers of the Louisiana State Board of Dentistry (board) to
be investigating complaints of illegal practice or a violation of present law when evidence
is presented to the board.
Proposed law amends present law to provide the board the power to investigate complaints
of illegal practice or a violation of present law when evidence is presented to the board.
Further, upon receipt by the board of a complaint against a licensee, the board shall notify
the licensee of the nature and facts of the complaint, the identity of the complainant, and
provide the licensee with a copy of the complaint, if such a complaint is in writing.
Present law defines "unprofessional conduct" to mean advertising of dental services in any
medium which has not been approved by the licensed dentist and which does not contain the
dentist's full name, address, and telephone number.
Proposed law amends present law to define "unprofessional conduct" to mean advertising
of dental services in any medium that does not contain the dentist's full name as it appears
on the license or renewal certificate issued by the board or the dentist's commonly used
name, address, and telephone number. SB NO. 167
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law provides when it is required by present law that an advertisement include the
name of the advertising dentist as it appears on the license or renewal certificate of the
dentist or the specialties of all dentists practicing within or under the name of a corporation,
company, association, limited liability company, or trade name be disclosed in the
advertisement, such requirement shall be deemed to be sufficiently satisfied if the names and
specialties of all dentists practicing in, with or under the said corporation, company,
association, limited liability company, or trade name are made available on an Internet
website fully disclosed in the advertisement, or are provided without delay to any individual
requesting such information by contacting the advertiser at a telephone number also
disclosed in the advertisement.
Proposed law amends present law to provide when it is required by present law that an
advertisement include the name of the advertising dentist (either as it appears on the license
or renewal certificate of the dentist or the dentist's commonly used name) or the specialties
of all dentists practicing within or under the name of a corporation, company, association,
limited liability company, or trade name be disclosed in the advertisement, and address and
phone number of the dentist, such requirement shall be deemed to be sufficiently satisfied
if the names and specialties of all dentists practicing in, with or under the said corporation,
company, association, limited liability company, or trade name and the address and the
phone number are made available on an Internet website fully disclosed in the advertisement,
or are provided without delay to any individual requesting such information by contacting
the advertiser at a telephone number also disclosed in the advertisement.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 37:751(A), 760(A)(7), and 775(A)(9) and (B))