Bill Text: HI HB1861 | 2016 | Regular Session | Introduced

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Bill Title: Board of Dental Hygienist Examiners; Dentistry; Dental Hygienists

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-29 - Re-referred to HLT/CPC, FIN, referral sheet 4 [HB1861 Detail]

Download: Hawaii-2016-HB1861-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1861
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to dental HYGIENISTS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the board of dental examiners is a twelve-member board consisting of eight dentists, two dental hygienists, and two members of the public.  According to 2014 statistics of the department of commerce and consumer affairs, there were 1,520 licensed dentists and 1,030 licensed dental hygienists in the State.  The legislature further finds that the disparity in representation of dental hygienists and dentists on the board can cause the interests and concerns of dentists to outweigh those of dental hygienists.

     The purpose of this Act is to establish a board of dental hygienist examiners and transfer oversight of dental hygienists from the board of dental examiners to the board of dental hygienist examiners.

     SECTION 2.  Chapter 447, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§447‑A  Definitions.  As used in this chapter, unless the context requires otherwise:

     "Board" means the board of dental hygienist examiners established pursuant to section 447‑B.

     §447-B  Board of dental hygienists examiners; appointment.  (a)  The board of dental hygienist examiners shall consist of seven members, four of whom shall be practicing hygienists who have been engaged in the practice of dental hygiene for a period of five years preceding their appointments and duly licensed under section 447-1, two of whom shall be dentists who are also appointed to the board of dental examiners, and one of whom shall be a public member.  No member shall be in any way connected with, or interested financially in, any dental supply company.

     (b)  The board shall meet for the purpose of examining applicants and for other purposes at times that it designates.  Adequate statewide public notice of the times and places of examinations shall be given.  The board may prescribe which members shall participate in the examination and licensing procedures.

     (c)  In addition to any other powers and duties authorized by law, the board shall adopt rules pursuant to chapter 91 as it deems proper and necessary for the performance of its work."

     SECTION 3.  Section 447-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any person:

     (1)  Eighteen years of age or over;

     (2)  Who has a diploma or proper certificate of graduation from a dental hygiene school accredited by the American Dental Association Commission on Dental Accreditation that requires at least a two-year course and is recognized by the board [of dental examiners];

     (3)  Who has been officially certified in the administration of intra-oral infiltration local anesthesia and intra-oral block anesthesia by an accredited dental hygiene school or by a certification program previously approved by the board; and

     (4)  Who has passed the National Board Dental Hygiene Examination;

upon written application made to and filed with the board may be examined for qualification as a dental hygienist.

     An application shall be accompanied by the applicant's certificate of graduation from an accredited dental hygiene school, documentary proof of the applicant's certification in the administration of intra-oral infiltration local anesthesia and intra-oral block anesthesia, and documentary proof of the applicant's passage of the National Board Dental Hygiene Examination.  At the time of filing the application, the applicant shall pay to the board an application fee, which together with all other fees or charges in this chapter, shall be as provided in rules adopted by the director of commerce and consumer affairs pursuant to chapter 91, and shall be deposited to the credit of the compliance resolution fund established pursuant to section 26-9(o)."

     SECTION 4.  Section 447-1.5, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the title and subsection (a) to read:

     "[[]§447-1.5[]]  Community service license.  (a)  The board [of dental examiners] may issue, without examination, a community service license to practice dental hygiene in the employment of a federally qualified health center, Native Hawaiian health care system, or post-secondary dental auxiliary training program accredited by the American Dental Association Commission on Dental Accreditation.  Community service licensees under this section shall abide by the requirements and conditions placed upon those fully licensed under this chapter.

     Eligible candidates shall:

     (1)  Provide copies of documentation and credentials that include but are not limited to:

         (A)  A diploma or certificate of graduation from a dental hygiene college accredited by the American Dental Association Commission on Dental Accreditation, recognized and approved by the board; and

         (B)  Either of the following:

              (i)  A certificate or other evidence satisfactory to the board of having passed the examination of the National Board Dental Hygiene Examination, within five years of the date of request; or

             (ii)  Evidence of active clinical dental hygiene practice of not less than one thousand hours per year for the three years immediately prior to the date of request;

     (2)  Provide a copy of an active, unrestricted dental hygiene practice license from another state;

     (3)  Disclose to the board [of dental examiners] all previous and pending legal or regulatory action relating to claims of malpractice, personal, or professional misconduct; and

     (4)  Pay applicable registration fees, which shall be one half of the prevailing biennial registration fee for dental hygienists.

No person who after July 2, 2004, has failed to pass the license examination administered under this chapter may be issued a community service dental hygiene license."

     2.  By amending subsection (c) to read:

     "(c)  A license may be renewed annually, pending review and reauthorization of the board [of dental examiners]."

     3.  By amending subsection (e) to read:

     "(e)  Commissioned officers of the United States Army, the United States Navy, the United States Air Force, the United States Public Health Service, or the United States Veterans Administration practicing in a federally qualified health center or Native Hawaiian health systems center, shall qualify for a community service license to practice dental hygiene, which may be issued for the term of the dental hygienists federal duty assignment.  Officers shall provide to the board [of dental examiners]:

     (1)  A copy of an active, unrestricted dental hygiene license from another state; and

     (2)  A copy of documentation reflecting official duty assignment to a qualifying community service dental hygiene license site."

     SECTION 5.  Section 447-2, Hawaii Revised Statutes, is amended to read as follows:

     "§447-2  Temporary license.  The board [of dental examiners] may issue, without examination, to any person qualified to be examined, a temporary license to practice as a dental hygienist in the employment of the State or any county or any legally incorporated eleemosynary dispensary or infirmary, private school, or welfare center.  The temporary license shall authorize the person to whom the license is issued to practice clinical dental hygiene exclusively while engaged in that employment and shall be in force until:

     (1)  The date the person leaves the employment authorized under the temporary license;

     (2)  The three hundred sixty-fifth calendar day following the date of issuance of the temporary license;

     (3)  The date on which the person takes the licensure examination under this chapter; or

     (4)  The date on which the board revokes the temporary license;

whichever occurs first; provided that the board may revoke the temporary license at any time for cause."

     SECTION 6.  Section 447-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Clinical dental hygiene may be practiced by a licensed dental hygienist.  The practice of clinical dental hygiene is defined as the removal of hard and soft deposits and stains from the portion of the crown and root surfaces to the depth of the gingival sulcus, polishing natural and restored surfaces of teeth, the application of preventive chemical agents to the coronal surfaces of teeth, which chemical agents have been approved by the board [of dental examiners], and the use of mouth washes approved by the board, but shall not include the performing of any repair work or the preparation thereof, or any other operation on the teeth or tissues of the mouth; provided that nothing in this subsection shall prohibit a dental hygienist from using or applying topically any chemical agent which has been approved in writing by the department of health for any of the purposes set forth in part V of chapter 321, and other procedures delegated by a dentist in accordance with the rules of the board [of dental examiners].

     In addition, a licensed dental hygienist may administer intra-oral infiltration local anesthesia and intra-oral block anesthesia under the direct supervision of a dentist after being certified by the board, and for those categories of intra-oral infiltration local anesthesia and intra-oral block anesthesia for which the licensed dental hygienist has been certified through a course of study meeting the requirements of this chapter."

     SECTION 7.  Section 447-3.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  The board [of dental examiners] may adopt rules pursuant to chapter 91, relating to the education and certification of dental hygienists to administer intra-oral block anesthesia."

     SECTION 8.  Section 447-4, Hawaii Revised Statutes, is amended to read as follows:

     "§447-4  Revocation of dentist's license.  The board [of dental examiners] may revoke the license of any dentist who permits any dental hygienist employed by or working under the dentist's supervision to perform any dental operation other than that permitted under this chapter."

     SECTION 9.  Section 447-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  In addition to any other actions authorized by law, the board [of dental examiners] may suspend or revoke any license issued under this chapter or fine a licensee for any cause authorized by law, including but not limited to the following:

     (1)  Professional misbehavior; or

     (2)  Any other violation of this chapter or rules adopted pursuant thereto."

     SECTION 10.  Section 447-7, Hawaii Revised Statutes, is amended to read as follows:

     "§447-7  Filing of false information; revocation of license.  The board [of dental examiners] shall refuse to grant a license to any applicant or shall revoke the license of any person who knowingly records, registers, or files, or offers for recordation, registration, or filing with the department of commerce and consumer affairs any written statement which has been falsely made, completed, or altered, or in which a false entry has been made, or which contains a false statement or false information."

     SECTION 11.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 12.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 13.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Board of Dental Hygienist Examiners; Dentistry; Dental Hygienists

 

Description:

Creates the board of dental hygienist examiners to oversee dental hygienists separate and apart from the board of dental examiners who oversee dentists.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.