History: L. 1903, ch. 227, § 1; L. 1907, ch. 196, § 1; L. 1909, ch. 127, § 1; R.S. 1923, 65-1401; Repealed, L. 1943, ch. 221, § 46; June 28.
History: R.S. 1923, 65-1402; L. 1925, ch. 203, § 4; L. 1935, ch. 231, § 1; Repealed, L. 1943, ch. 221, § 46; June 28.
History: L. 1903, ch. 227, § 2; R.S. 1923, 65-1403; Repealed, L. 1935, ch. 232, § 3; May 15.
History: L. 1903, ch. 227, § 3; L. 1909, ch. 127, § 2; R.S. 1923, 65-1404; L. 1925, ch. 203, § 1; Repealed, L. 1943, ch. 221, § 46; June 28.
History: L. 1925, ch. 203, § 2; Repealed, L. 1943, ch. 221, § 46; June 28.
History: L. 1925, ch. 203, § 3; Repealed, L. 1943, ch. 221, § 46; June 28.
History: L. 1903, ch. 227, § 4; R.S. 1923, 65-1405; L. 1935, ch. 232, § 1; Repealed, L. 1943, ch. 221, § 46; June 28.
History: R.S. 1923, 65-1406; Repealed, L. 1943, ch. 221, § 46; June 28.
History: L. 1925, ch. 203, § 5; L. 1935, ch. 231, § 2; L. 1939, ch. 239, § 1; Repealed, L. 1943, ch. 221, § 46; June 28.
History: L. 1903, ch. 227, § 9; L. 1907, ch. 196, § 3; L. 1909, ch. 127, § 3; R.S. 1923, 65-1407; L. 1935, ch. 232, § 2; Repealed, L. 1943, ch. 221, § 46; June 28.
History: L. 1907, ch. 196, § 4; R.S. 1923, 65-1408; Repealed, L. 1935, ch. 232, § 3; May 15.
History: L. 1925, ch. 203, § 6; L. 1935, ch. 231, § 3; Repealed, L. 1943, ch. 221, § 46; June 28.
History: L. 1925, ch. 203, § 7; L. 1935, ch. 231, § 4; Repealed, L. 1943, ch. 221, § 46; June 28.
History: L. 1935, ch. 231, §§ 5, 6; Repealed, L. 1943, ch. 221, § 46; June 28.
History: L. 1935, ch. 231, § 7; Repealed, L. 1943, ch. 221, § 46; June 28.
History: L. 1935, ch. 231, § 8; Repealed, L. 1943, ch. 221, § 46; June 28.
History: L. 1935, ch. 231, § 9; Repealed, L. 1943, ch. 221, § 46; June 28.
History: L. 1937, ch. 280, § 1; Repealed, L. 1943, ch. 221, § 46; June 28.
History: L. 1937, ch. 280, § 2; Repealed, L. 1943, ch. 221, § 46; June 28.
History: L. 1937, ch. 280, § 3; Repealed, L. 1943, ch. 221, § 46; June 28.
History: L. 1937, ch. 280, § 4; Repealed, L. 1943, ch. 221, § 46; June 28.
History: L. 1937, ch. 280, § 5; Repealed, L. 1943, ch. 221, § 46; June 28.
(a) Those who are now duly licensed dentists, pursuant to law;
(b) those who are now duly licensed dental hygienists, pursuant to law;
(c) those who may hereafter be duly licensed as dentists or dental hygienists, pursuant to the provisions of this act.
History: L. 1943, ch. 221, § 4; L. 2000, ch. 169, § 1; July 1.
(a) Who performs, or attempts or professes to perform, any dental operation or oral surgery or dental service of any kind, gratuitously or for a salary, fee, money or other remuneration paid, or to be paid directly or indirectly, to such person or to any other person or agency who is a proprietor of a place where dental operations, oral surgery or dental services are performed; or
(b) who directly or indirectly, by any means or method, takes impression of the human tooth, teeth, jaws or performs any phase of any operation incident to the replacement of a part of a tooth; or
(c) who supplies artificial substitutes for the natural teeth, or who furnishes, supplies, constructs, reproduces or repairs any prosthetic denture, bridge, appliance or any other structure to be worn in the human mouth, except on the written prescription of a licensed dentist; or
(d) who places such appliance or structure in the human mouth, or adjusts or attempts or professes to adjust the same, or delivers the same to any person other than the dentist upon whose prescription the work was performed; or
(e) who professes to the public by any method to furnish, supply, construct, reproduce or repair any prosthetic denture, bridge, appliance or other structure to be worn in the human mouth; or
(f) who diagnoses, or professes to diagnose, prescribe for, or professes to prescribe for, treats, or professes to treat, disease, pain, deformity, deficiency, injury or physical condition of the human teeth or jaws, or adjacent structure; or
(g) who extracts, or attempts to extract, human teeth, or corrects or attempts to correct, malformations of teeth or of the jaws; or
(h) who repairs or fills cavities in the human teeth; or
(i) who diagnoses, makes and adjusts appliances to artificial casts or malposed teeth for treatment of the malposed teeth in the human mouth, with or without instruction; or
(j) who uses a roentgen or x-ray machine for the purpose of taking dental x-rays or roentgenograms; or
(k) who gives, or professes to give, interpretations or readings of dental x-rays or roentgenograms; or
(l) who administers an anesthetic of any nature in connection with a dental operation; or
(m) who uses the words dentist, dental surgeon, oral surgeon, or the letters D.D.S., D.M.D., or any other words, letters, title or descriptive matter which in any way represents oneself as being able to diagnose, treat, prescribe or operate for any disease, pain, deformity, deficiency, injury or physical condition of the teeth or jaws or adjacent structures; or
(n) who states, or professes, or permits to be stated or professed by any means or method whatsoever that such person can perform or will attempt to perform dental operations or render a diagnosis connected therewith.
History: L. 1943, ch. 221, § 5; L. 2000, ch. 169, § 2; July 1.
(1) To the practice of a person licensed to practice medicine and surgery under the laws of this state, unless such person practices dentistry as a specialty;
(2) to the performance by a licensed nurse of a task as part of the administration of an anaesthetic for a dental operation under the direct supervision of a licensed dentist or person licensed to practice medicine and surgery so long as the anaesthetic given under the direct supervision of a licensed dentist is consistent with the anaesthetic the dentist is authorized to administer under K.S.A. 65-1444 and amendments thereto and consistent with subsection (a) of K.S.A. 65-1162 and amendments thereto and subsection (e) of K.S.A. 65-1163 and amendments thereto;
(3) to the giving by a registered nurse anesthetist of an anaesthetic for a dental operation in an interdependent role as a member of a physician or dentist directed health care team;
(4) the practice of dentistry in the discharge of their official duties by graduate dentists or dental surgeons in the United States army, navy, air force, marines, public health service, coast guard or veterans' administration;
(5) the practice of dentistry by a licensed dentist of other states or countries at meetings of the Kansas state dental association or components thereof, or other like dental organizations approved by the board, while appearing as clinicians;
(6) to the filling of prescriptions of a licensed dentist as hereinafter provided by any person or persons, association, corporation or other entity, for the construction, reproduction or repair of prosthetic dentures, bridges, plates or appliances to be used or worn as substitutes for natural teeth, provided that such person or persons, associations, corporation or other entity, shall not solicit or advertise, directly or indirectly by mail, card, newspaper, pamphlet, radio or otherwise, to the general public to construct, reproduce or repair prosthetic dentures, bridges, plates or other appliances to be used or worn as substitutes for natural teeth;
(7) to the use of roentgen or x-ray machines or other rays for making radiograms or similar records, of dental or oral tissues under the supervision of a licensed dentist or physician except that such service shall not be advertised by any name whatever as an aid or inducement to secure dental patronage, and no person shall advertise that such person has, leases, owns or operates a roentgen or x-ray machine for the purpose of making dental radiograms of the human teeth or tissues or the oral cavity, or administering treatment thereto for any disease thereof;
(8) except as hereinafter limited to the performance of any dental service of any kind by any person who is not licensed under this act, if such service is performed under the supervision of a dentist licensed under this act at the office of such licensed dentist except that such nonlicensed person shall not be allowed to perform or attempt to perform the following dental operations or services:
(A) Any and all removal of or addition to the hard or soft tissue of the oral cavity;
(B) any and all diagnosis of or prescription for treatment for disease, pain, deformity, deficiency, injury or physical condition of the human teeth or jaws, or adjacent structure;
(C) any and all correction of malformation of teeth or of the jaws;
(D) any and all administration of general or local anaesthesia of any nature in connection with a dental operation; or
(E) a prophylaxis, except that individuals who are not licensed but who are operating under the direct supervision of a dentist may (i) coronal polish teeth as defined by rules and regulations of the board and (ii) coronal scale teeth above the gum line as long as such procedure is not performed on a patient who has undergone local or general anesthesia at the time of the procedure, is undertaken by a nonlicensed person who has successfully completed necessary training for performing such dental procedure in a course of study approved by the board, which course of study is consistent with American dental association accreditation standards and includes but is not limited to adequate instruction on scaling the teeth and recognition of periodontal disease, is undertaken by a person who has met the experience requirements for performing such procedures as established by the board;
(9) the practice of dentistry by a dental student, the practice of dental hygiene by a dental hygiene student or the performance of duties permitted under the dental practices act to unlicensed persons by a dental assisting student, provided that (i) the procedures are performed as part of the educational program of dental, dental hygiene or dental assisting that has been approved by the board and in a facility operated or overseen by the approved program and (ii) the student is under the supervision of a dentist or dental hygienist who is either licensed in the state of Kansas or who is eligible to be licensed in Kansas and has an application to be licensed in Kansas pending, serving as a faculty member of the program;
(10) the actions of persons while they are taking examinations for licensure administered or approved by the board; or
(11) the actions of persons while administering examinations approved by the board.
(b) As used in this section:
(1) "Removal of or addition to the hard or soft tissue of the oral cavity" means: (A) A surgical or cutting procedure on hard or soft tissues; (B) the grafting of hard or soft tissues; (C) the final placement or intraoral adjustment of a fixed crown or fixed bridge; and (D) root planing or the smoothing of roughened root surfaces.
(2) "Diagnosis of or prescription for treatment for disease, pain, deformity, deficiency, injury or physical condition of the human teeth or jaws or adjacent structure" means: (A) A comprehensive examination; (B) diagnosis and treatment planning; and (C) the prescription of a drug, medication or work authorization.
(3) "Correction of malformation of teeth or the jaws" means surgery, cutting or any other irreversible procedure.
(4) "General or local anesthesia of any nature in connection with a dental operation" means any general anaesthetic and any local anaesthetic whether block or infiltration but shall not include the administration and monitoring of the analgesic use of nitrous oxide or oxygen, or both.
History: L. 1943, ch. 221, § 6; L. 1967, ch. 341, § 1; L. 1994, ch. 169, § 1; L. 1997, ch. 30, § 1; L. 1998, ch. 141, § 1; L. 2000, ch. 169, § 3; L. 2001, ch. 145, § 1; July 1.
(a) Employs dentists or dental hygienists in the operation of a dental office; or
(b) places in possession of a dentist or dental hygienists or other agent such dental material or equipment as may be necessary for the management of a dental office on the basis of a lease or any other agreement for compensation for the use of such material, equipment or offices; or
(c) retains the ownership or control of dental equipment or material or office and makes the same available in any manner for the use by dentists or dental hygienists or other agents except that nothing in this subsection (c) shall apply to bona fide sales of dental equipment or material secured by a chattel mortgage or retain title agreement.
A licensee of dentistry who enters into any of the above described arrangements with an unlicensed proprietor may have such license suspended or revoked by the board.
The estate or agent for a deceased or substantially disabled dentist may employ dentists, for a period of not more than one year, to provide service to patients until the practice can be sold.
History: L. 1943, ch. 221, § 7; L. 1996, ch. 85, § 1; L. 2000, ch. 169, § 4; July 1.
History: L. 1943, ch. 221, § 8; L. 1974, ch. 250, § 1; July 1.
(b) The board shall approve only those dental schools or colleges which require the study of dentistry and dental surgery and which the board determines have standards of education not less than that required for accreditation by the commission on dental accreditation of the American dental association or its equivalent.
(c) Notwithstanding the provisions of subsection (a), the board shall consider an application of: Any graduate of a dental school which has not been approved by the board if the applicant successfully completes a course of remedial or refresher instruction offered by a dental school or college where both the course and the school have been approved by the board.
(d) Any graduate of an accredited dental school, dental college or dental department of a college or university, who: (1) Has a D.D.S. or D.M.D. degree and is otherwise qualified; (2) is not licensed to practice dentistry in Kansas; and (3) holds a license to practice in the state from which they are applying, upon application, may be issued a temporary license of not more than 14 calendar days to provide dental services under subsection (f)(4) of K.S.A. 75-6102, and amendments thereto.
(e) The board is hereby authorized and empowered to adopt such further rules in regard to the qualifications of applicants for licensure, not in conflict with this section, as it from time to time may deem necessary and proper.
(f) The board shall adopt rules and regulations establishing the criteria which a school shall satisfy in meeting the standards of education established under subsection (b). The board may send a questionnaire developed by the board to any school for which the board does not have sufficient information to determine whether the school meets the requirements of subsection (b) and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the school to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about schools. In entering such contracts the authority to approve schools shall remain solely with the board.
History: L. 1943, ch. 221, § 9; L. 1978, ch. 237, § 1; L. 1981, ch. 246, § 1; L. 1983, ch. 209, § 1; L. 1988, ch. 243, § 4; L. 2002, ch. 38, § 1; L. 2003, ch. 82, § 1; July 1.
(b) The board is hereby empowered to establish higher standards and additional requirements for any dentist who desires to announce or hold out to the public that such dentist is specially qualified in any particular branch of dentistry. The board is hereby empowered to give such examination as it may deem necessary to determine the qualifications of applicants and may secure such assistance as the board may deem advisable in determining the qualifications of applicants.
(c) Upon application to the board of any licensed dentist in this state, the board may issue a certificate of qualification to such dentist authorizing the applicant to hold out, or to announce, to the public that such dentist is specially qualified in, or limits such dentist's practice to, or gives special attention to any one of the recognized branches of dentistry. The application to the board shall be upon such form and contain such information as the board may require and shall be accompanied by a certificate fee to assist in defraying the expenses in connection with the issuance of such certificates of qualification fixed by the board pursuant to K.S.A. 65-1447.
(d) Any dentist holding a certificate of qualification under this section of the act may announce the limitation of such dentist's practice by using such terms and in such manner as the board may approve, together with the name of such branch of dentistry for which such dentist is authorized to hold out to the public that such dentist has special qualifications. Any dentist who shall hold out, or announce in any manner, by the use of any terms signifying or indicating to the public that such dentist's practice is limited, or is specially qualified in any particular branch of dentistry, or that such dentist gives special attention to any particular branch of dentistry, or shall use equivalent words or phrases to announce the same, without having obtained a certificate of qualification therefor, shall be guilty of a misdemeanor, and the license of such dentist to practice dentistry shall be subject to suspension or revocation. Any announcement in the manner indicated in this section shall be prima facie evidence that such dentist is practicing in one branch of dentistry.
History: L. 1943, ch. 221, § 10; L. 1953, ch. 289, § 1; L. 1980, ch. 189, § 1; July 1.
(b) The examination shall include the following subjects: Pathology, radiology, bacteriology, treatment planning, clinical dentistry, operative dentistry, prosthetics, crown and bridge technique, orthodontia, materials in dentistry, diet and nutrition, oral hygiene and prophylaxis, preventive medicine, peridontia, anaesthesia, oral surgery, oral medicine, principles of medicine and pharmacology, anatomy, physiology, histology, chemistry, embryology and such subdivisions of these general subjects as relate to the practice of dentistry and laws of this state regulating the practice of dentistry.
The results of all such examinations shall be filed with the executive director of the board and kept for reference and inspection for a period of not less than two years.
(c) Each applicant who has attained a passing grade on each examination required by the board and has met all other requirements for licensure set forth in this act shall be granted a license by the board. Every license issued under this act shall be in the form prescribed by the board. A license to practice dentistry shall not be construed as a property right, but a valuable right contingent upon the practice of the licensee in accordance with the provisions of law relating to the practice of dentistry and any rules and regulations adopted pursuant thereto.
History: L. 1943, ch. 221, § 11; L. 1983, ch. 209, § 2; L. 2000, ch. 169, § 5; L. 2002, ch. 38, § 2; July 1.
History: L. 1943, ch. 221, § 12; L. 1955, ch. 290, § 1; L. 1980, ch. 189, § 2; L. 1983, ch. 209, § 3; July 1.
History: L. 1943, ch. 221, § 14; L. 2000, ch. 169, § 6; July 1.
(b) To provide for a staggered system of biennial renewal of licenses, the board may renew licenses for less than two years.
(c) On or before December 1 of the year in which the licensee's license expires, the licensee shall transmit to the board a renewal application, upon a form prescribed by the board, which shall include such licensee's signature, post office address, the number of the license of such licensee, whether such licensee has been engaged during the preceding licensure period in active and continuous practice whether within or without this state, and such other information as may be required by the board, together with the biennial licensure fee for a dental hygienist which is fixed by the board pursuant to K.S.A. 65-1447 and amendments thereto.
(d) The board shall require every licensee to submit with the renewal application evidence of satisfactory completion of a program of continuing education required by the board. The board by duly adopted rules and regulations shall establish the requirements for such program of continuing education as soon as possible after the effective date of this act.
(e) Upon fixing the biennial license renewal fee, the board shall immediately notify all licensees of the amount of the fee for the ensuing licensure period. Upon receipt of such fee and upon receipt of evidence that the licensee has satisfactorily completed a program of continuing education required by the board, the licensee shall be issued a renewal license authorizing the licensee to continue to practice in this state for a period of no more than two years.
(f) (1) Any license granted under authority of this act shall automatically be canceled if the holder thereof fails to apply for and obtain renewal prior to March 1 of the year following the December in which a renewal application is due.
(2) Any licensee whose license is required to be renewed for the next biennial period may obtain renewal, prior to February 1, by submitting to the board the required renewal application, payment of the biennial renewal fee and proof that such licensee has satisfactorily completed a program of continuing education required by the board. Any licensee whose license is required to be renewed for the next biennial period may obtain renewal, between February 1 and March 1, by submitting to the board the required renewal application, payment of the biennial renewal fee, payment of a penalty fee of not to exceed $500 as fixed by rules and regulations by the board and proof that such licensee has satisfactorily completed a program of continuing education required by the board. The penalty fee in effect immediately prior to the effective date of this act shall continue in effect until rules and regulations establishing a penalty fee under this section become effective.
(g) Upon failure of any licensee to pay the applicable renewal fee or to present proof of satisfactory completion of the required program of continuing education by February 1 of the year following the December in which a renewal application is due, the board shall notify such licensee, in writing, by mailing notice to such licensee's last registered address. Failure to mail or receive such notice shall not affect the cancellation of the license of such licensee.
(h) The board may waive the payment of biennial fees and the continuing education requirements for the renewal of licenses without the payment of any fee for a person who has held a Kansas license to practice dentistry or dental hygiene if such licensee has retired from such practice or has become temporarily or permanently disabled and such licensee files with the board a certificate stating either of the following:
(1) A retiring licensee shall certify to the board that the licensee is not engaged, except as provided in K.S.A. 65-1466 and amendments thereto, in the provision of any dental service, the performance of any dental operation or procedure or the delivery of any dental hygiene service as defined by the statutes of the state of Kansas; or
(2) a disabled licensee shall certify to the board that such licensee is no longer engaged in the provision of dental services, the performance of any dental operation or the provision of any dental hygiene services as defined by the statutes of the state of Kansas by reason of any physical disability, whether permanent or temporary, and shall describe the nature of such disability.
(i) The waiver of fees under subsection (h) shall continue so long as the retirement or physical disability exists. Except as provided in K.S.A. 65-1466 and amendments thereto, in the event the licensee returns to the practice for which such person is licensed, the requirement for payment of fees and continuing education requirements shall be reimposed commencing with and continuing after the date the licensee returns to such active practice. Except as provided in K.S.A. 65-1466 and amendments thereto, the performance of any dental service, including consulting service, or the performance of any dental hygiene service, including consulting service, shall be deemed the resumption of such service, requiring payment of license fees.
(j) The Kansas dental board may adopt such rules and regulations requiring the examination and providing means for examination of those persons returning to active practice after a period of retirement or disability as the board shall deem necessary and appropriate for the protection of the people of the state of Kansas except that for an applicant to practice dental hygiene who is returning to active practice after a period of retirement or disability, the board shall authorize as an alternative to the requirement for an examination that the applicant successfully complete a refresher course as defined by the board in an approved dental hygiene school.
History: L. 1943, ch. 221, § 15; L. 1953, ch. 289, § 2; L. 1955, ch. 290, § 3; L. 1963, ch. 315, § 1; L. 1974, ch. 251, § 1; L. 1976, ch. 274, § 2; L. 1980, ch. 189, § 3; L. 1983, ch. 209, § 4; L. 1996, ch. 85, § 2; L. 1996, ch. 210, § 3; L. 1999, ch. 34, § 1; L. 1999, ch. 149, § 5; L. 2000, ch. 169, § 7; L. 2001, ch. 155, § 1; L. 2002, ch. 38, § 3; L. 2007, ch. 69, § 1; July 1.
(b) This section shall be part of and supplemental to the dental practices act.
History: L. 2000, ch. 169, § 20; July 1.
History: L. 1943, ch. 221, § 16; L. 1999, ch. 34, § 2; L. 2002, ch. 38, § 4; July 1.
History: L. 1943, ch. 221, § 17; L. 1980, ch. 189, § 4; L. 2000, ch. 169, § 8; July 1.
(b) Each applicant for licensure under this section must evidence the qualifications and meet the following requirements:
(1) Each applicant for licensure as a dentist under this section must meet the requirements set forth in K.S.A. 65-1426 and amendments thereto. Each applicant for licensure as a dental hygienist must meet any applicable requirements set forth in K.S.A. 65-1455 and amendments thereto.
(2) Each applicant shall show evidence of having successfully completed both a national board examination or an equivalent examination accepted by the state in which the applicant has been previously licensed, and a clinical examination, administered by any state or clinical dental testing agency, of equivalent merit to the clinical examination accepted by the board at the time such applicant completed such examinations.
(3) Each applicant for licensure as a dentist under this section shall have held a license to practice dentistry in one or more other states of the United States for the five-year period immediately preceding the date of application and shall have engaged in the active practice of dentistry for at least five years prior to the date of application. Each applicant for licensure as a dental hygienist under this section shall have held a license to practice dental hygiene in another state of the United States for the three-year period immediately preceding the date of application and shall have engaged in the active practice of dental hygiene for at least three years prior to the date of application. Successive and continuous periods of active practice in other states will comply with the active practice requirements of this paragraph (3). For the purpose of determining the period of practice, periods of military service will be considered to the extent approved by the Kansas dental board. Service as a full-time faculty member in a school of dentistry will be considered the practice of dentistry to the extent service involved full-time instruction in dentistry including clinical dentistry. Service as a faculty member in a school of dental hygiene will be considered the practice of dental hygiene to the extent such service involved instruction in dental hygiene including clinical dental hygiene. To be considered for the purposes of this statute, any such school of dentistry or dental hygiene must be approved by the Kansas dental board within the meaning of K.S.A. 65-1426 and amendments thereto.
(4) Each such applicant shall show evidence that the applicant has fully complied with all continuing education requirements imposed by the state or states in which the applicant has been licensed and has practiced during the five years immediately preceding the date of the application. In the event the state or states in which the applicant has been licensed and practiced has no such requirement, the applicant shall provide such information concerning continuing education received by the applicant during the five-year period preceding application as may be required by the board. All applicants must have completed continuing education sufficient to comply with that continuing education required of Kansas licensees during the twelve-month period prior to the date of the application for licensure unless the Kansas dental board determines, for good cause shown, that the requirement will work an undue hardship upon the applicant and the requirement is not necessary for the protection of the people of Kansas based upon the training and experience of the applicant.
(5) The applicant shall provide such other information concerning the applicant and the dental education, qualification, experience and professional conduct of the applicant as the board in its discretion deems necessary to its determination to issue a license.
(6) Each applicant shall provide a certificate of the executive director of the board or other agency governing licensure of dentists or dental hygienists of the state in which the applicant has been licensed and has practiced during the required period preceding the date of the application. Such certificate shall state that: (A) The applicant is licensed to practice dentistry or dental hygiene in the state; (B) the license of the applicant has never been suspended or revoked; (C) the applicant has never been the subject of any proceeding for suspension, revocation or other disciplinary action initiated by the board of licensure of any such state during the period the applicant has held a license to practice dentistry or dental hygiene in such state; and (D) no complaint has been filed against the applicant of such substance as, in the judgment of the board of licensure of such state, has required the initiation of proceedings against the applicant. In the event the applicant has practiced dentistry or dental hygiene in more than one other state in the United States, the applicant shall file a similar certificate with respect to such period or periods during which the applicant has practiced in each such state.
(c) The Kansas dental board may direct an applicant to appear before the board at a date, time and place to be determined by the Kansas dental board to answer questions and provide such information concerning the qualifications, background, experience and practice of the applicant as the Kansas dental board may deem necessary.
(d) The term "applicant" as used in this section shall apply to both applicants for licensure as a dentist and applicants for licensure as a dental hygienist unless the context otherwise indicates.
History: L. 1943, ch. 221, § 18; L. 1983, ch. 209, § 5; L. 1984, ch. 229, § 1; L. 1999, ch. 34, § 3; L. 2002, ch. 38, § 5; July 1.
(b) A licensed dentist may use the name of any association, corporation, clinic, trade name or business name in connection with the practice of dentistry, as defined in this act, except that such name may not misrepresent the dentist to the public as determined by the Kansas dental board.
(c) Nothing herein contained shall be construed to prevent two or more licensed dentists:
(1) From associating together for the practice of dentistry, each in such person's own proper name; or
(2) from associating together for the practice of dentistry, each as owners, in a professional corporation, organized pursuant to the professional corporation law of Kansas, or, each as owners, in a limited liability company organized pursuant to the Kansas revised limited liability company act, and using a name that may or may not contain the proper name of any such person or persons if such name has been approved by the board and from employing nonowning licensees; or
(3) from associating together with persons licensed to practice medicine and surgery in a clinic or professional association under a name that may or may not contain the proper name of any such person or persons and may contain the word "clinic."
(d) It shall be unlawful, and a licensee may have a license suspended or revoked, for any licensee to conduct a dental office in the name of the licensee, or to advertise the licensee's name in connection with any dental office or offices, or to associate together for the practice of dentistry with other licensed dentists in a professional corporation or limited liability company, under a name that may or may not contain the proper name of any such person or persons or to associate together with persons licensed to practice medicine and surgery in a clinic or professional association under a name that may or may not contain the proper name of any such person or persons and may contain the word "clinic," unless such licensee is personally present in the office operating as a dentist or personally overseeing such operations as are performed in the office or each of the offices during a majority of the time the office or each of the offices is being operated.
(e) Nothing in this section shall be construed to permit the franchise practice of dentistry.
(f) The violation of any of the provisions of this section by any dentist shall subject such dentist to suspension or revocation of a license.
History: L. 1943, ch. 221, § 19; L. 1984, ch. 230, § 1; L. 2000, ch. 169, § 9; L. 2001, ch. 45, § 1; July 1.
(1) Committed fraud, deceit or misrepresentation in obtaining any license, money or other thing of value;
(2) habitually used intoxicants or drugs which have rendered such person unfit for the practice of dentistry or dental hygiene;
(3) been determined by the board to be professionally incompetent;
(4) committed gross, wanton or willful negligence in the practice of dentistry or dental hygiene;
(5) employed, allowed or permitted any unlicensed person or persons to perform any work in the licensee's office which constitutes the practice of dentistry or dental hygiene under the provisions of this act;
(6) willfully violated the laws of this state relating to the practice of dentistry or dental hygiene or the rules and regulations of the secretary of health and environment or of the board regarding sanitation;
(7) engaged in the division of fees, or agreed to split or divide the fee received for dental service with any person for bringing or referring a patient without the knowledge of the patient or the patient's legal representative, except the division of fees between dentists practicing in a partnership and sharing professional fees, or in case of one licensed dentist employing another;
(8) committed complicity in association with or allowed the use of the licensed dentist's name in conjunction with any person who is engaged in the illegal practice of dentistry;
(9) been convicted of a felony or a misdemeanor involving moral turpitude in any jurisdiction and the licensee fails to show that the licensee has been sufficiently rehabilitated to warrant the public trust;
(10) prescribed, dispensed, administered or distributed a prescription drug or substance, including a controlled substance, in an excessive, improper or inappropriate manner or quantity outside the scope of practice of dentistry or in a manner that impairs the health and safety of an individual;
(11) prescribed, purchased, administered, sold or given away prescription drugs, including a controlled substance, for other than legal and legitimate purposes;
(12) violated or been convicted of any federal or state law regulating possession, distribution or use of any controlled substance;
(13) failed to pay license fees;
(14) used the name "clinic," "institute" or other title that may suggest a public or semipublic activity except that the name "clinic" may be used as authorized in K.S.A. 65-1435, and amendments thereto;
(15) committed, after becoming a licensee, any conduct which is detrimental to the public health, safety or welfare as defined by rules and regulations of the board;
(16) engaged in a misleading, deceptive, untrue or fraudulent misrepresentation in the practice of dentistry or on any document connected with the practice of dentistry by knowingly submitting any misleading, deceptive, untrue or fraudulent misrepresentation on a claim form, bill or statement, including the systematic waiver of patient co-payment or co-insurance;
(17) failed to keep adequate records;
(18) the licensee has had a license to practice dentistry revoked, suspended or limited, has been censured or has had other disciplinary action taken, an application for license denied, or voluntarily surrendered the license after formal proceedings have been commenced by the proper licensing authority or another state, territory or the District of Columbia or other country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof;
(19) failed to furnish the board, or its investigators or representatives any information legally requested by the board; or
(20) assisted suicide in violation of K.S.A. 21-3406, and amendments thereto, as established by any of the following:
(A) A copy of the record of criminal conviction or plea of guilty for a felony in violation of K.S.A. 21-3406, and amendments thereto.
(B) A copy of the record of a judgment of contempt of court for violating an injunction issued under K.S.A. 60-4404, and amendments thereto.
(C) A copy of the record of a judgment assessing damages under K.S.A. 60-4405, and amendments thereto.
(b) Whenever it is established, after notice and opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act, that a licensee is in any of the circumstances or has committed any of the acts described in subsection (a), the Kansas dental board may take one or any combination of the following actions with respect to the license of the licensee:
(1) Revoke the license.
(2) Suspend the license for such period of time as may be determined by the board.
(3) Restrict the right of the licensee to practice by imposing limitations upon dental or dental hygiene procedures which may be performed, categories of dental disease which may be treated or types of patients which may be treated by the dentist or dental hygienist. Such restrictions shall continue for such period of time as may be determined by the board, and the board may require the licensee to provide additional evidence at hearing before lifting such restrictions.
(4) Grant a period of probation during which the imposition of one or more of the actions described in subsections (b)(1) through (b)(3) will be stayed subject to such conditions as may be imposed by the board including a requirement that the dentist or dental hygienist refrain from any course of conduct which may result in further violation of the dental practice act or the dentist or dental hygienist complete additional or remedial instruction. The violation of any provision of the dental practice act or failure to meet any condition imposed by the board as set forth in the order of the board will result in immediate termination of the period of probation and imposition of such other action as has been taken by the board.
(c) As used in this section, "professionally incompetent" means:
(1) One or more instances involving failure to adhere to the applicable standard of dental or dental hygienist care to a degree which constitutes gross negligence, as determined by the board;
(2) repeated instances involving failure to adhere to the applicable standard of dental or dental hygienist care to a degree which constitutes ordinary negligence, as determined by the board; or
(3) a pattern of dental or dental hygienist practice or other behavior which demonstrates a manifest incapacity or incompetence to practice dentistry.
(d) In addition to or in lieu of one or more of the actions described in subsections (b)(1) through (b)(4) or in subsection (c) of K.S.A. 65-1444, and amendments thereto, the board may assess a fine not in excess of $10,000 against a licensee. All fines collected pursuant to this subsection shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury and of the amount so remitted, an amount equal to the board's actual costs related to fine assessment and enforcement under this subsection, as certified by the president of the board to the state treasurer, shall be credited to the dental board fee fund and the balance shall be credited to the state general fund.
(e) The board, upon its own motion or upon the request of any licensee who is a party to a licensure action, may require a physical or mental examination, or both, of such licensee either prior to a hearing to be held as a part of a licensure action or prior to the termination of any period of suspension or the termination of any restrictions imposed upon the licensee as provided in subsection (b).
History: L. 1943, ch. 221, § 20; L. 1972, ch. 231, § 11; L. 1975, ch. 462, § 86; L. 1983, ch. 209, § 6; L. 1984, ch. 230, § 2; L. 1984, ch. 313, § 99; L. 1986, ch. 234, § 1; L. 1996, ch. 85, § 3; L. 1997, ch. 81, § 2; L. 1998, ch. 142, § 9; L. 2001, ch. 5, § 226; L. 2007, ch. 134, § 2; July 1.
(1) Contains false, fraudulent, misleading or deceptive statements or claims;
(2) represents that the licensee is specially qualified in or limits the practice of the licensee to a branch of dentistry which is a specialty recognized by the Kansas dental board unless the licensee holds a special certificate of qualification within such specialty authorized under K.S.A. 65-1427 and amendments thereto; or
(3) contains statements regarding the professional superiority or the performance of professional services in a superior manner by the licensee or group of licensees, unless each statement can be factually substantiated.
(b) The board may adopt rules and regulations for the administration of this section and may provide as part of such rules and regulations guidelines and examples of conduct allowed and prohibited under this section.
(c) The term "licensee" as used in this section means a person licensed to practice dentistry in this state by the Kansas dental board.
History: L. 1943, ch. 221, § 21; L. 1983, ch. 209, § 7; July 1.
(B) Any dentist who shall: (1) Use any such service of any such licensed [unlicensed] person without first having furnished him such prescription; or (2) fail to retain a duplicate copy thereof for two years; or (3) refuse to allow the board, or its agent, to inspect it during such time, shall be guilty of a misdemeanor, and the board may revoke or suspend his license therefor.
(C) Any such unlicensed person who shall: (1) Perform any such service without first having obtained such prescription; or (2) fail to retain the original thereof for two years; or (3) refuse to allow the board, or its agent, to inspect it during such time shall be guilty of a misdemeanor.
History: L. 1943, ch. 221, § 22; June 28.
(b) Any person not licensed to practice dentistry in this state who shall sell or offer any such services or products to the general public shall be guilty of a misdemeanor, and the board may enjoin such person from so doing.
(c) The board may revoke the license of any dentist who shall: (1) Advertise such services or dental appliances to the general public in any manner, or (2) use such services or dental appliances of any such unlicensed person who has violated any of the provisions of this or the preceding section.
History: L. 1943, ch. 221, § 23; June 28.
History: L. 1943, ch. 221, § 24; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
History: L. 1943, ch. 221, § 25; L. 2000, ch. 169, § 10; July 1.
History: L. 1943, ch. 221, § 26; June 28.
History: L. 1943, ch. 221, § 27; Repealed, L. 1971, ch. 176, § 22; July 1.
(b) A dentist may utilize an assistant not licensed by the board in the administration and monitoring of nitrous oxide or oxygen, or both, if that person is certified in cardiopulmonary resuscitation and has satisfactorily completed a course of instruction which has been approved by the board. To be approved by the board, the course of instruction shall include a minimum of six hours of instruction at a teaching institution accredited by the American dental association and include satisfactory completion of courses which offer both didactic and clinical instruction in: (A) Theory of pain control; (B) anatomy; (C) medical history; (D) pharmacology; and (E) emergencies and complications.
(c) The board may deny, revoke, suspend or limit a sedation permit for violation by the permit holder of the requirements established by the board by rules and regulations or in lieu thereof or in addition thereto may assess a fine in accordance with K.S.A. 65-1436, and amendments thereto.
History: L. 1943, ch. 221, § 28; L. 1994, ch. 169, § 2; L. 1997, ch. 30, § 2; L. 2004, ch. 58, § 1; L. 2007, ch. 134, § 1; July 1.
History: L. 1943, ch. 221, § 29; June 28.
History: L. 1943, ch. 221, § 30; June 28.
(b) The board shall collect fees provided for in this act as follows:
Examination fee for dental applicants--not more than.................$200
Subsequent examination fee for dental applicants--not more than.................100
Examination fee for specialty qualifications--not more than.................200
Credentials/qualifications fee--not more than.................300
Duplicate certificate fee--not more than.................25
Certificate fee, including certificate for credentials/qualifications, for dentists and dental hygienists--not more than.................25
Biennial license renewal fee for dentists--not more than.................325
Examination fee for dental hygienist applicants--not more than.................100
Subsequent examination fee for dental hygienist applicants--not more than.................100
Biennial license renewal fee for dental hygienists--not more than.................160
Reinstatement of a revoked license--not more than.................2,000
Processing fee for failure to notify of change of address--not more than.................100
Registration fee to operate a mobile dental facility or portable dental operation--not more than.................500
Biennial registration renewal fee for mobile dental facility or portable dental operation--not more than.................350
Sedation permit--not more than.................200
(c) The amounts of fees in effect on the day preceding the effective date of
this act and the act of which this section is amendatory shall remain in effect
until fixed in different amounts by the board under this section. The board may
adopt rules and regulations for the proration of fees for a license issued for
a period of time less than the biennial licensure period.
History: L. 1943, ch. 221, § 31;
L. 1955, ch. 290, § 2;
L. 1963, ch. 315, § 2;
L. 1974, ch. 251, § 2;
L. 1980, ch. 189, § 5;
L. 1996, ch. 85, § 4;
L. 2000, ch. 169, § 11;
L. 2001, ch. 155, § 2;
L. 2005, ch. 115, § 1;
L. 2007, ch. 134, § 3; July 1.
History: L. 1943, ch. 221, § 32; June 28.
(b) If the board determines that
there is probable cause to revoke or suspend the license of a dentist or
dental hygienist for any reason that exists pursuant to K.S.A. 65-1436, and
amendments thereto, and if the licensee's continued practice would constitute
an imminent danger to public health and safety, the board may initiate administrative
proceedings for an emergency adjudication under the provisions of the Kansas
administrative procedure act.
In no case shall a temporary suspension or temporary limitation of a
license under this section be in effect for more than
90 days. At the end of such period of time, the licensee
shall be reinstated to full licensure unless the board has revoked or
suspended the license of the licensee after notice and
hearing, provided in accordance with the provisions of the
Kansas administrative procedure act.
History: L. 1943, ch. 221, § 33; L. 1981, ch. 246, § 2;
L. 1984, ch. 313, § 100; July 1, 1985.
History: L. 1943, ch. 221, §
34;
Repealed, L. 1984, ch. 313, §
157;
July 1, 1985.
History: L. 1943, ch. 221, § 35;
L. 1984, ch. 313, § 101; July 1, 1985.
History: L. 1943, ch. 221, § 36;
L. 1984, ch. 313, § 102; July 1, 1985.
History: L. 1943, ch. 221, § 37; June 28.
History: L. 1943, ch. 221, § 38; June 28.
(b) Any graduate of an accredited dental hygiene school, dental college or
dental department of a college or university who: (1) Has a R.D.H. (registered
dental hygienist) or L.D.H. (licensed dental hygienist) and is otherwise
qualified; (2) is not licensed to practice as a dental hygienist in Kansas; and
(3) holds a license to practice in the state from which they are applying, upon
application, may be issued a temporary license of not more than 14 days to
provide dental hygienist services under subsection (f)(4) of K.S.A. 75-6102,
and amendments thereto.
(c) The board shall issue licenses as dental hygienists to
those who have passed the examination in a manner satisfactory to the board.
Each license shall be posted and displayed in the office in which the hygienist
is employed, but no person shall be entitled to such license unless such person
is more than 18 years of age, of good moral character and a graduate of a
school approved by the board for dental hygienists. The board shall approve
only those dental hygiene schools which require the study of dental hygiene and
which the board determines have standards of education not less than that
required for accreditation by the commission on dental accreditation of the
American dental association or its equivalent.
(d) The board shall adopt rules and regulations
establishing the criteria which a school for dental hygienists shall satisfy in
meeting the standards of education established under subsection (b). The board
may send a questionnaire developed by the board to any school for dental
hygienists for which the board does not have sufficient information to
determine whether the school meets the requirements of subsection (b) and
rules and regulations adopted under this section. The questionnaire
providing the necessary information shall be completed and returned to the
board in order for the school to be considered for approval. The board may
contract with investigative agencies, commissions or consultants to assist
the board in obtaining information about schools. In entering such
contracts the authority to approve schools shall remain solely with the board.
(e) Any person practicing dental hygiene in violation of
the provisions of this act shall be guilty of a misdemeanor, and the board may
revoke or suspend such person's license therefor.
History: L. 1943, ch. 221, § 39; L. 1953, ch. 289, § 3; L.
1955, ch. 290, § 4; L. 1972, ch. 161, § 16; L. 1980, ch. 189, § 6;
L. 1988, ch. 243, § 5; L. 1988, ch. 247, § 2; L. 1988, ch. 245, § 1;
L. 1999, ch. 11, § 2;
L. 2000, ch. 169, § 12;
L. 2003, ch. 82, § 2; July 1.
(b) The practice of dental hygiene shall include those educational,
preventive,
and therapeutic procedures which result in the removal of extraneous deposits,
stains and debris from the teeth and the rendering of smooth surfaces of
the teeth to the depths of the gingival sulci. Included among those
educational,
preventive and therapeutic procedures are the instruction of the patient
as to daily personal care, protecting the teeth from dental caries, the
scaling and polishing of the crown surfaces and the planing of the root
surfaces, in addition to the curettage of those soft tissues lining the
free gingiva to the depth of the gingival sulcus and such additional
educational,
preventive and therapeutic procedures as the board may establish by rules
and regulations.
(c) Subject to such prohibitions, limitations and conditions as the
board may
prescribe by rules and regulations, any licensed dental hygienist may practice
dental hygiene and may also perform such dental service as may
be performed by a dental assistant under the provisions of K.S.A. 65-1423
and amendments thereto.
(d) Except as otherwise provided in this section, the practice of
dental hygiene shall be performed under the direct or
general supervision of a licensed dentist at the office of such
licensed dentist.
The board shall designate by rules and regulations the procedures which may
be
performed by a dental hygienist under direct supervision and the procedures
which may be performed under general supervision of a licensed dentist.
As used in this section: (1) "Direct supervision" means that the dentist
is in the dental office,
personally
diagnoses the condition to be treated, personally authorizes the procedure
and before dismissal of the patient evaluates the performance; and (2)
"general supervision"
means a Kansas licensed dentist may delegate verbally or by written
authorization the
performance of a service, task or procedure to a licensed dental hygienist
under the supervision and responsibility of the dentist, if the dental
hygienist is licensed to perform the function, and the supervising dentist
examines the patient at the time the dental hygiene procedure is performed, or
during the 12 calendar months preceding the performance of the procedure,
except
that the licensed hygienist shall not be permitted to diagnose a dental disease
or ailment, prescribe any treatment or a regimen thereof, prescribe, order or
dispense medication or perform any procedure which is irreversible or which
involves the intentional cutting of the soft or hard tissue by any means. A
dentist is not required to be on the premises at the time a hygienist performs
a function delegated under part (2) of this subsection.
(e) The practice of dental hygiene may be performed at an adult care home,
hospital long-term care unit, state institution, local health department or
indigent health care
clinic on a resident of a facility, client or patient thereof so long as:
(1) A licensed dentist has delegated the performance of the service, task or
procedure;
(2) the dental hygienist is under the supervision and responsibility of the
dentist;
(3) either the supervising dentist is personally present or the services,
tasks
and procedures are limited to the cleaning of teeth, education and preventive
care;
(4) the supervising dentist examines the patient at the time the dental
hygiene procedure is performed or has examined the patient during the 12
calendar months preceding
performance of the procedure; and
(f) The practice of dental hygiene may be performed with consent of the
parent
or
legal guardian, on children participating in residential and
nonresidential centers for therapeutic services, on all children in families
which
are receiving family preservation services, on all children in the custody of
the
secretary of social and rehabilitation services or the commissioner of juvenile
justice authority and in an out-of-home placement
residing in foster care homes, on children being served by
runaway youth programs and homeless shelters; and on children birth to five
and children in public and nonpublic schools kindergarten through grade 12
regardless of
the time of year and children participating in youth organizations, so long as
such children birth to five, in public or nonpublic schools or participating in
youth organizations also meet
the requirements of medicaid, healthwave, or free or reduced lunch programs or
Indian health services; at any
state correctional institution, local
health department or indigent health care clinic, as defined in K.S.A. 65-1466,
and amendments thereto, and at any federally qualified health center,
federally
qualified health center look-alike or a community health center that receives
funding from section 330 of the health center consolidation act, on a person,
inmate, client or patient thereof and on other
persons as may be defined by the board;
so long as:
(1) The dental hygienist has received an "extended care permit" from the
Kansas dental board specifying that the dental hygienist has performed
1,200 hours of dental hygiene care within the past three
years or has been an instructor at an accredited dental
hygiene program for two
academic years within the past three years;
(2) the dental hygienist shows proof of professional liability insurance;
(3) the dental hygienist is sponsored by a dentist licensed in the state of
Kansas, including a signed agreement stating that the dentist shall monitor the
dental hygienist's activities, except such dentist shall not monitor more than
five dental hygienists with an extended care permit;
(4) the tasks and procedures are limited to: (A) removal of extraneous
deposits, stains and debris from the teeth and the rendering of smooth surfaces
of the teeth to the depths of the gingival sulci; (B) the application of
topical anesthetic if the dental hygienist has
completed the required course of instruction approved by the dental board;
(C) the application of
fluoride; (D) dental hygiene instruction;
(E) assessment of the patient's
apparent need for further evaluation by a dentist to diagnose the presence of
dental caries and other abnormalities; and (F) other duties
as may be delegated
verbally or in writing by the sponsoring dentists consistent with this act;
(5) the dental hygienist advises the patient and legal guardian that the
services are preventive in nature and do not constitute a comprehensive dental
diagnosis and care;
(6) the dental hygienist provides a copy of the findings and the report of
treatment to the sponsoring dentist and any other dental or medical supervisor
at a participating organization found in this subsection; and
(7) any payment to the dental hygienist for dental hygiene services is
received from the sponsoring dentist or the participating organization found in
this subsection.
(g) The practice of dental hygiene may be performed
on persons with developmental disabilities and on persons who are
65 years and older who live in a residential center,
an adult care home, subsidized housing, hospital long-term care unit,
state institution or are served in a community senior service center,
elderly nutrition program or at the home of a homebound
person who qualifies for the federal home and community based service (HCBS)
waiver on a resident of a facility, client or patient thereof so long as:
(1) The dental hygienist has received an "extended care permit II" from the
Kansas dental board specifying that the dental hygienist has: (A) performed
1,800 hours of dental hygiene care or has been an instructor at an accredited
dental hygiene program for two academic
years within the past three years; and
(B) completed six hours of training on the care of special needs patients or
other training as may be accepted by the board;
(2) the dental hygienist shows proof of professional liability insurance;
(3) the dental hygienist is sponsored by a dentist licensed in the state of
Kansas, including a signed agreement stating that the dentist shall monitor the
dental hygienist's activities, except such dentist shall not monitor more than
five dental hygienists with an extended care permit II;
(4) the tasks and procedures are limited to: (A) removal of extraneous
deposits,
stains and debris from the teeth and the rendering of smooth surfaces of the
teeth to the depths of the gingival sulci; (B) the application of topical
anesthetic if the dental hygienist has
completed the required course of instruction approved by the dental board;
(C) the application of fluoride; (D)
dental hygiene instruction; (E) assessment of the patient's
apparent need for
further evaluation by a dentist to diagnose the presence of dental caries and
other abnormalities; and (F) other duties as may be delegated
verbally or in
writing by the sponsoring dentist consistent with this act;
(5) the dental hygienist advises the patient and legal guardian that the
services are preventive in nature and do not constitute comprehensive dental
diagnosis and care;
(6) the dental hygienist provides a copy of the findings and the report
of treatment to the sponsoring dentist and any other dental or medical
supervisor at a participating organization found in this subsection;
(7) any payment to the dental hygienist for dental hygiene services is
received from the sponsoring dentist or the participating organization found in
this subsection; and
(8) the dental hygienist completes a minimum of six hours of education in the
area of special needs care within the board's continuing dental education
requirements for relicensure.
(h) In addition to the duties specifically mentioned in subsection (b) of
K.S.A. 65-1456, and amendments thereto, any duly licensed
dental
hygienist may:
(1) Give fluoride treatments as a prophylactic measure, as defined by the
United States public health service and as recommended for use in dentistry;
(2) remove overhanging restoration margins and periodontal surgery materials
by hand scaling instruments; and
(3) administer local block and infiltration anaesthesia and nitrous oxide.
(A) The administration of local anaesthesia shall be performed under
the
direct supervision of a licensed dentist
except that topically
applied local anaesthesia, as defined by the board, may be administered under
the general supervision of a licensed dentist. (B) Each dental hygienist who
administers local anaesthesia
regardless of the type
shall have
completed courses of instruction in local anaesthesia and nitrous oxide which
have been approved by the board.
(i) (1) The courses of instruction required in subsection
(h)(3)(B) shall provide a minimum of 12 hours of
instruction at a teaching institution accredited by the American dental
association.
(2) The courses of instruction shall include courses which
provide both didactic and clinical instruction in: (A) Theory of pain control;
(B)
anatomy; (C) medical history; (D) pharmacology; and (E) emergencies and
complications.
(3) Certification in cardiac pulmonary resuscitation shall be required in
all cases.
(j) The board is authorized to issue to a qualified dental hygienist an
extended care permit or extended care permit II as provided in subsections (f)
and (g) of this section.
(k) Nothing in this section shall be construed to prevent a dental hygienist
from providing dental hygiene instruction or visual oral health care screenings
or fluoride applications in a school or community based setting
regardless of the age of the patient.
History: L. 1943, ch. 221, § 40;
L. 1976, ch. 269, § 1;
L. 1984, ch. 313, § 103;
L. 1996, ch. 210, § 4;
L. 1997, ch. 30, § 3;
L. 1998, ch. 141, § 2;
L. 2000, ch. 169, § 13;
L. 2001, ch. 155, § 3;
L. 2003, ch. 125, § 1;
L. 2007, ch. 134, § 4; July 1.
History: L. 2007, ch. 134, § 5; July 1.
History: L. 1943, ch. 221, § 41;
L. 2000, ch. 169, § 14; July 1.
History: L. 1943, ch. 221, § 42;
L. 1984, ch. 313, § 104;
L. 2000, ch. 169, § 15; July 1.
(b) The board shall have the power to revoke the permit of any such
intern
at any time within the year for which it is issued upon the recommendation
of such procedure by the executive officer of the resident dental staff of
the hospital in which such intern serves or for any other reason which the
board may deem justifiable. Such limited permits granted for the purpose of
internships shall automatically expire at the end of one year and shall not
be subject to renewal.
History: L. 1943, ch. 221, § 43; L. 1975, ch. 462,
§ 87;
L. 2000, ch. 169, § 16; July 1.
History: L. 1943, ch. 221, § 44; June 28.
History: L. 1943, ch. 221, § 45; June 28.
(b) Any state, regional or local association of licensed dentists or
licensed dental hygienists, and
the individual members of any committee thereof, which in good faith
investigates
or communicates information pertaining to the alleged incidents of malpractice
or the qualifications, fitness or character of any licensee to the Kansas
dental board or to any committee or agent thereof, shall be immune from
liability in any civil action, that is based upon such investigation or
transmittal of information if the investigation and communication was made
in good faith and did not represent as true any matter not reasonably believed
to be true.
History: L. 1976, ch. 261, § 3;
L. 1998, ch. 141, § 6; July 1.
History: L. 1982, ch. 253, § 1;
Repealed, L. 1996, ch. 85, § 6; July 1.
History: L. 1983, ch. 209, § 8; July 1.
(b) Any removable dental prosthesis in existence prior to the effective
date of this act, which was not marked in accordance with subsection (a),
shall be so marked at the time of any subsequent rebasing or duplication.
History: L. 1983, ch. 203, § 1; July 1.
(2) Notwithstanding any other provision of the dental practices act, a
federally qualified health center or national health service corps site may
employ or otherwise contract with a person licensed under the dental practices
act to provide services to any person except that a federally qualified health
center and a clinic employing a national health service corps dentist shall
report annually to the health care reform legislative oversight committee
indicating the income level of their patients and the percentage of patients
covered by dental insurance in the preceding year.
(b) Dentally indigent persons are those persons who are: (1) Determined to
be a member of a family unit earning at or below 200% of poverty income
guidelines based on the annual update of "poverty income guidelines" published
in the federal register by the United States department of health and human
services and are not indemnified against costs arising from dental care by a
policy of accident and sickness insurance
or
an employee health benefits plan;
or (2) eligible for medicaid; or (3)
eligible for the Kansas federal children's health insurance program; or (4)
eligible for other publicly funded health care programs as defined by the
Kansas dental board; or (5)
qualified for Indian health services.
This subsection shall not be construed to prohibit an entity under subsection
(a) which enters into an arrangement with a licensee under the dental practices
act for purposes of providing services to dentally indigent persons pursuant to
subsection (a) from defining "dentally indigent persons" more restrictively
than such term is defined under this subsection.
(c) A licensee under the dental practices act who enters into an
arrangement with an entity under subsection (a) to provide dental services
pursuant to subsection (a): (1) Shall not be subject to having the
licensee's
license suspended or revoked by the board solely as a result
of
such arrangement; and (2) may not permit
another person who is not licensed in Kansas as a dentist, and is not otherwise
competent, to engage in the clinical practice of dentistry. No entity under
subsection (a) or any other person may direct or interfere or attempt to direct
or interfere with a licensed dentist's professional judgment and competent
practice of dentistry.
(d) A dentist who is classified as "retired" by the Kansas dental board is
not required to pay the biennial renewal fee or comply
with the dental continuing
education requirements if the dentist elects to provide dental services to the
indigent through one of the entities specified in subsection (a). A "retired"
dentist providing such services shall be required to comply with the
renewal
requirements of the Kansas dental board.
(e) The Kansas dental board may adopt rules and regulations as necessary
to carry out the provisions of this section, except that no such rule and
regulation shall alter or affect the intent
of
paragraph (2) of subsection (a).
(f) This section shall be part of and supplemental to the dental
practices
act.
History: L. 1996, ch. 210, § 1;
L. 1998, ch. 141, § 4;
L. 2000, ch. 169, § 17; July 1.
(1) In any proceeding conducted by the board under the law or in an appeal
of an order of the board entered in a proceeding, or to any party to a
proceeding or appeal or the party's attorney;
(2) to the person who is the subject of the information or to any person or
entity when requested by the person who is the subject of the information, but
the board may require disclosure in such a manner that will prevent
identification of any other person who is the subject or source of the
information;
(3) to a state or federal licensing, regulatory or enforcement agency with
jurisdiction over the subject or the information or to an agency with
jurisdiction over acts or conduct similar to acts or conduct which would
constitute grounds for action under this act. Any confidential complaint or
report, record or other information disclosed by the board as authorized by
this section shall not be redisclosed by the receiving agency except as
otherwise authorized by law.
(b) This section shall be part of and supplemental to the Kansas dental
practices act.
History: L. 1997, ch. 81, § 1; July 1.
(b) This section shall be part of and supplemental to the dental practices
act.
History: L. 2004, ch. 58, § 2; July 1, 2005.
(a) "Mobile dental facility or portable dental operation" means either of the
following:
(1) Any self-contained facility in which dentistry will be practiced, which
may be moved,
towed or transported from one location to another.
(2) Any nonfacility in which dental equipment, utilized in the practice of
dentistry, is
transported to and utilized on a temporary basis at an out-of-office location,
including, but not
limited to: (A) Other dentists' offices; (B) patients' homes; (C) schools; (D)
nursing homes; or
(E) other institutions.
(b) (1) No person shall operate a mobile dental facility or portable dental
operation in this state unless registered in accordance with this section.
(2) In order to operate a mobile dental facility or portable dental
operation, the operator
shall be a person or entity that is authorized to own a dental practice under
Kansas law and
possess a current registration issued by the board.
(3) To become registered, the operator shall:
(A) Complete an application in the form and manner required by the board; and
(B) pay a registration fee in the amount established by the board pursuant to
K.S.A. 65-1447 and amendments thereto.
(c) (1) The registration under this section shall be renewed on March 1 of
even-numbered
years in the form and manner provided by the board by rules and regulations.
(2) The registrant shall pay a registration renewal fee in the amount fixed
by the board
under K.S.A. 65-1447 and amendments thereto.
(d) The board shall adopt rules and regulations as necessary to carry out the
provisions of this act. The rules and regulations shall include, but not be
limited to, requirements relating to the official address and telephone number
of the mobile dental facility or portable dental operation, the proper
maintenance of
dental records, procedures for emergency follow-up care for patients,
appropriate communications facilities, appropriate authorizations for treatment
by dental patients, follow-up treatment and services, personnel and address
changes, notice to be provided on cessation of operation and such other matters
as the board deems necessary to protect the public health and welfare.
(e) The board may refuse to issue a registration under this section or may
revoke or suspend a registration upon a finding by the board that an applicant
or person registered under this section has failed to comply with any provision
of the section or any rules and regulations adopted pursuant to this section.
No
order refusing to issue a registration or order of suspension or revocation
shall be made or entered except after notice and opportunity
for hearing in accordance with the provisions of the Kansas administrative
procedure act. Any final order of suspension or revocation of a license shall
be reviewable in accordance with the act for judicial review and civil
enforcement of agency actions.
(f) (1) This section applies to each operator of a mobile dental facility
or portable dental
operation that provides dental services except those specifically exempted by
subsection (2).
(2) This section shall not apply to:
(A) Dentists providing dental services for federal, state and local
governmental agencies;
(B) dentists licensed to practice in Kansas providing emergency treatment for
their
patients of record;
(C) dentists who are not employed by or independently contracting with a
mobile dental
facility or portable dental operation who provide nonemergency treatment for
their patients of
record outside the dentist's physically stationary office fewer than 30 days
per calendar year;
(D) dental hygienists who are providing dental hygiene services as authorized
by the
Kansas dental act and the board's rules and regulations;
(E) a dentist who