CHAPTER 139
HB 1235 – FINAL VERSION
17Feb2010… 0502h
13May2010… 2025eba
2010 SESSION
10/01
HOUSE BILL 1235
AN ACT relative to regulation of dentistry by the board of dental examiners.
SPONSORS: Rep. Borden, Rock 18
COMMITTEE: Executive Departments and Administration
This bill makes changes concerning the proceedings of the board of dental examiners, the use of the term moderate sedation, the regulation of teeth whitening services, and the exception from licensure for certain consultants.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17Feb2010… 0502h
13May2010… 2025eba
10-2371
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to regulation of dentistry by the board of dental examiners.
Be it Enacted by the Senate and House of Representatives in General Court convened:
139:1 Board of Dental Examiners; Vote. Amend RSA 317-A:4, II to read as follows:
II. The board shall choose one of its members as its president and one of its members as vice-president. Five members shall constitute a quorum. No board action shall be taken without an affirmative vote of the majority of board members present and eligible to participate in the matter in question. Board members shall not be eligible to participate in a vote when the board member has recused himself or herself from participation due to a conflict of interest. The board shall meet once a year and at such other times and places as it may deem proper. A true record of all their official acts shall be made and preserved by the board’s executive secretary. The records shall be public and shall be open to inspection at all reasonable times, except for records compiled in connection with disciplinary proceedings, which are subject to RSA 317-A:18.
139:2 Rulemaking; Moderate Sedation. Amend RSA 317-A:12, XII-a to read as follows:
XII-a. The use of general anesthesia, deep sedation, and [conscious] moderate sedation, in dental treatment under RSA 317-A:20, including:
(a) Required credentials.
(b) Application and application fee.
(c) On-site evaluations of personnel, facility, equipment, and records as they pertain to the use of general anesthesia, deep sedation, or [conscious] moderate sedation, or any combination thereof.
(d) Fee for the on-site evaluations under subparagraph (c). If the evaluation is done by a third party, the fee need not be established by rule under or pursuant to RSA 541-A. Third party fees shall be paid directly to the third party.
(e) The issuance of permits for use of general anesthesia, deep sedation, and [conscious] moderate sedation, or of permits for use of [conscious] moderate sedation;
139:3 Punctuation Change. Amend RSA 317-A:20, I(f) and (g) to read as follows:
(f) Except on the written prescription of a duly licensed dentist and by the use of impressions or casts made by a duly licensed and practicing dentist, directly or indirectly by mail, carrier, personal agent, or by any other method, furnishes, supplies, constructs, reproduces, or repairs prosthetic dentures, bridges, appliances, or other structures to be used and worn as substitutes for natural teeth, or adjusts the same; [or]
(g) Administers dental anesthetics, either general or local[.]; or
139:4 New Subparagraph; Practice of Dentistry; Whitening. Amend RSA 317-A:20, I by inserting after subparagraph (g) the following new subparagraph:
(h) Dispenses teeth whitening agents or undertakes to whiten or bleach teeth by any means or method, unless the person is dispensing or using a product that may be purchased over the counter for the person’s own use, or is authorized under rules adopted by the board to engage in such activities without being a licensed dentist.
139:5 Practice of Dentistry; Moderate Sedation. Amend RSA 317-A:20, II to read as follows:
II. Any dentist who wishes to administer general anesthesia, deep sedation, or [conscious] moderate sedation shall apply to the board for the appropriate permit and pay an application fee set by the board in accordance with RSA 317-A:12, XII-a.
139:6 Unlicensed Persons. Amend RSA 317-A:28 to read as follows:
317-A:28 Unlicensed Persons Prohibited. Dentists acting as a manager, proprietor, partnership, association, or corporation owning, managing, or controlling any place where dental work is done, provided, or contracted for shall employ, keep, or retain only licensed dentists to practice dentistry and licensed dental hygienists to practice dental hygiene.
139:7 Failure to Register; Late Fee. Amend RSA 317-A:15 to read as follows:
317-A:15 Failure to Register; Penalties. Any person licensed by the board under this chapter who fails, neglects, or refuses to register pursuant to RSA 317-A:13 shall be assessed [an administrative fine] a late biennial registration fee as determined in rules adopted by the board, provided the licensee submits a completed renewal application between April 1 and April 30 of the renewal year. The payment of the [fine] fee may be waived by the board if the board determines that good cause has been shown for the failure to register. Licenses shall lapse when complete renewal applications have not been received by the board by April 30 of the renewal year. Holders of lapsed active licenses are not authorized to practice until they receive written notification from the board that their licenses have been reinstated.
139:8 New Subparagraph; Exceptions; Consultants. Amend RSA 317-A:20, III by inserting after subparagraph (d) the following new subparagraph:
(e) A consultant, who does not have a license issued by the board or by the New Hampshire board of medicine, from providing a consulting or expert opinion to a New Hampshire licensed dentist regarding a patient, if the consultant is a legally licensed physician or dentist in another state or Canada and has no contact with the patient. The New Hampshire licensed dentist shall bear responsibility for patient diagnosis and treatment.
139:9 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 14, 2010
Effective Date: August 13, 2010