RÉSUMÉ DIGEST
ACT 188 (HB 363) 2020 Regular Session Duplessis
New 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 he shall not accept any
form of remuneration directly or indirectly for providing dental hygiene services.
New 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.
New 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.
New 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.
New law requires all documentation and certification, including any plan to reestablish
competency, be submitted to the board for review.
New law requires the LSBD to deny issuance of a retired volunteer license to a person who
is not qualified under new law to hold a retired volunteer license.
New law provides that the holder of a retired volunteer dental license who practices dental
hygiene other than as authorized in new 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.
New 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 existing law and new 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.
New law requires the retired volunteer status of a licensee be plainly indicated on the face
of any retired volunteer license pursuant to new law.
New 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.
New law permits the board to charge an administrative fee for issuing a retired volunteer
license pursuant to new 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.
New law provides that a retired volunteer license shall be valid for a period of two years and
shall expire according to new law.
Effective Aug. 1, 2020.
(Adds R.S. 37:764.1 and 795(B)(1)(o))