Bill Text: HI SB725 | 2015 | Regular Session | Amended
Bill Title: Dentistry; Order to Cease and Desist
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2015-03-27 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Choy, Ing, Lowen, Luke, McKelvey, Pouha excused (6). [SB725 Detail]
Download: Hawaii-2015-SB725-Amended.html
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THE SENATE |
S.B. NO. |
725 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO DENTISTRY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 448, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§448- Powers and duties of the director. (a) In addition to any other powers and duties authorized by law, the director of commerce and consumer affairs shall have the power and duty to issue an order to cease and desist from the unlicensed practice of dentistry or any other act or practice in violation of this chapter upon a specific determination that the failure to take such an action may result in an immediate and unreasonable threat to personal safety or of fraud that jeopardizes or endangers the health or safety of the public or of a patient.
(b) Any cease and desist order issued shall include a brief statement of findings of fact and conclusions of law and shall be served upon the subject as required by chapter 91. The cease and desist order shall be effective upon service.
(c) Upon the service of a cease and desist order, the continued practice of dentistry without a license or the continuation of any other act or practice in violation of this chapter shall be a class C felony.
(d) Upon the service of a cease and desist order, the recipient of the cease and desist order shall have the right to request a hearing to show cause why the cease and desist order should be terminated. Any request for a hearing shall be made in writing and filed with the board within five business days of service of the order. The board shall hold a hearing within seven business days of receipt of a written request for a hearing to show cause.
(e) Notwithstanding any law to the contrary, a cease and desist order shall remain in effect until the effective date of a final decision and order issued by the board in a disciplinary action or the effective date of an order issued by the board terminating the cease and desist order following a hearing to show cause, whichever occurs first, but in either case shall not exceed thirty business days."
SECTION 2. Section 448-1, Hawaii Revised Statutes, is amended to read as follows:
"§448-1 Dentistry defined; exempted
practices. A person practices dentistry, within the meaning of this
chapter, who represents oneself as being able to diagnose, treat, operate or
prescribe for any disease, pain, injury, deficiency, deformity, or physical
condition of the human teeth, alveolar process, gums, or jaw, or who offers or
undertakes by any means or methods to diagnose, treat, operate or prescribe for
any disease, pain, injury, deficiency, deformity, or physical condition of the
same, or to take impressions of the teeth or jaws; or who owns, maintains, or
operates an office for the practice of dentistry; or who engages in any of the
practices included in the curricula of recognized and approved dental schools
or colleges[.]; or who dispenses tooth whitening agents or undertakes
to whiten or bleach teeth by any means or method. Dentistry includes that
part of health care concerned with the diagnosis, prevention, and treatment of
diseases of the teeth, oral cavity, and associated structures including the
restoration of defective or missing teeth. The fact that a person uses any
dental degree, or designation, or any card, device, directory, poster, sign, or
other media whereby one represents oneself to be a dentist, shall be prima
facie evidence that the person is engaged in the practice of dentistry.
The following practices, acts, and operations, however, are exempt from the operation of this chapter:
(1) The rendering of dental relief in emergency cases in the practice of one's profession by a physician or surgeon, licensed as such and registered under the laws of this State, unless one undertakes to reproduce or reproduces lost parts of the human teeth in the mouth or to restore or replace in the human mouth lost or missing teeth;
(2) The practice of dentistry in the discharge of their official duties by dentists in 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;
(3) The practice of dentistry by licensed dentists of other states or countries at meetings of the Hawaii Dental Association or component parts thereof, alumni meetings of dental colleges, or any other like dental organizations, while appearing as clinicians;
(4) The use of roentgen and other rays for making radiograms or similar records of dental or oral tissues;
(5) The making of artificial restorations,
substitutes, appliances, or materials for the correction of disease, loss,
deformity, malposition, dislocation, fracture, injury to the jaws, teeth, lips,
gums, cheeks, palate, or associated tissues, or parts, upon orders,
prescription, casts, models, or from impressions furnished by a Hawaii licensed
dentist; [and]
(6) The ownership and management of a dental practice
by the executor or administrator of a dentist's estate or the legal guardian or
authorized representative of a dentist, where the licensed dentist has died or
is incapacitated, for the purpose of winding down, transferring, or selling the
practice, for a period not to exceed one year from the time of death or from
the date the dentist is declared incapacitated; provided that all other aspects
of the practice of dentistry are performed by one or more licensed dentists[.];
(7) The dispensing or use of tooth whitening agents that may be purchased over the counter for a person's own use or the dispensing or use of tooth whitening products by a person who is authorized by the Board to engage in such activities without being a licensed dentist."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 7, 2112.
Report Title:
Dentistry; Order to Cease and Desist
Description:
Grants the Director of Commerce and Consumer Affairs the power to issue cease and desist orders for the unlicensed practice of dentistry and for any other act or practice in violation of the dental licensing laws upon a specific determination that the failure to take such action may result in an immediate and unreasonable threat to personal safety or of fraud that jeopardizes or endangers the health or safety of patients or the public. (SB725 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
