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)]
HB 363 Engrossed 2020 Regular Session Duplessis
Abstract: Provides for the licensure of retired dental hygienists who provide volunteer dental
services.
Proposed law permits the La. State Board of Dentistry (LSBD) to issue a retired volunteer dental
hygienist license to an applicant whose practice consists of voluntary care, as defined by LSBD rule.
Further provides that the applicant who wishes to practice dental hygiene shall submit an application
to the board with a notarized statement that they shall not accept any form of remuneration directly
or indirectly for providing dental hygiene services.
Proposed law requires the applicant to:
(1)Maintain, for at least 10 years prior to retirement, full licensure in good standing in La.
without disciplinary action.
(2)Have held an active status dental hygiene license in good standing in La. within one year
prior to the date of application for a retired volunteer's license; however, the board may
waive the one year requirement.
(3)Be of good moral character, and affirm that the applicant has no felony convictions, or other
criminal convictions that would affect the applicant's ability to render competent care.
Proposed law provides limitation of liability to any dental hygienist holding a retired volunteer
license to practice dental hygiene who in good faith gratuitously renders health care to a patient
unless the damages were caused by the gross negligence or willful or wanton misconduct of the
dental hygienist. Further exempts from the limitation of liability a dental hygienist holding a retired
volunteer license who treats a patient in a private clinic where payment by the patient is expected
and the patient or the patient's private insurer pays the clinic or the clinic owner for the treatment,
even if the dental hygienist holding the volunteer license is providing the treatment without being
remunerated.
Proposed law provides that the facility or licensed retired volunteer dental hygienist shall make the
patient receiving dental hygiene services aware of such limitation of liability by written notice.
Proposed law requires all documentation and certification, including any plan to reestablish
competency, be submitted to the board for review. Proposed law requires the LSBD to deny issuance of a retired volunteer license to a person who is
not qualified under proposed law to hold a retired volunteer license.
Proposed law provides that if the holder of a retired volunteer dental license who practices dental
hygiene other than as authorized in proposed law shall be guilty of a felony with each day's violation
constituting a separate offense which may result in a suspension or revocation of the volunteer
license after notice to the licensee.
Proposed law provides that a retired volunteer dental hygiene licensee may apply to the board for a
return to active licensure status by filing an application in the form and manner prescribed by the
board and meeting all requirements of present law and proposed law. Licensees who desire to change
a retired volunteer license to an active license and who have not practiced at least one year
immediately preceding application for an active license shall document and certify to the board how
they have maintained their professional ability, skills, and knowledge.
Proposed law requires the retired volunteer status of a licensee be plainly indicated on the face of
any retired volunteer license pursuant to proposed law.
Proposed law provides that a retired volunteer dental hygienist who does not practice more than 250
hours in a calendar year shall not be required to comply with LSBD continuing education
requirements. Further provides that a retired volunteer dental hygienist shall maintain his CPR
training.
Proposed law permits the board to charge an administrative fee for issuing a retired volunteer license
pursuant to proposed law which shall be $35. However, a dental hygienist who possesses an active
La. license and who desires to convert the active license to a volunteer license shall not have to pay
an administrative fee for such change.
Proposed law provides that a retired volunteer license shall be valid for a period of two years and
shall expire according to proposed law.
(Adds R.S. 37:764.1 and 795(B)(1)(o))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill:
1. Deletes the previous requirement for a retired volunteer dental hygienist to maintain
compliance with LSBD continuing education requirements and CPR training.
2. Exempts a retired volunteer dental hygienist who does not practice more than 250 hours
in a calendar from maintaining continuing education requirements, but requires a retired
volunteer dental hygienist to maintain his CPR training.