HB 1593-FN – AS INTRODUCED
2010 SESSION
10/03
HOUSE BILL 1593-FN
AN ACT establishing a board of dental hygienists.
SPONSORS: Rep. Houde-Quimby, Sull 1; Rep. French, Merr 5; Rep. Skinder, Sull 1; Rep. Beck, Hills 2; Rep. DiPentima, Rock 16; Sen. Sgambati, Dist 4; Sen. Cilley, Dist 6; Sen. Houde, Dist 5
COMMITTEE: Executive Departments and Administration
This bill establishes a board of dental hygienists separate from the board of dental examiners.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2293
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT establishing a board of dental hygienists.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Dental Hygienists. Amend RSA by inserting after chapter 317-A the following new chapter:
CHAPTER 317-B
317-B:1 Purpose. For the protection of the public health, safety, and welfare, any person practicing or offering to practice dental hygiene in New Hampshire must submit evidence that such person is qualified to so practice and shall be licensed as provided in this chapter. No person shall practice or offer to practice dentistry in New Hampshire or use any title, sign, card, device, or the abbreviation R.D.H., or any other designation indicating that such person is practicing dental hygiene unless such person has been licensed under the provisions of this chapter.
317-B:2 Definition. In this chapter, “board” means the board of dental hygienists.
317-B:3 Board; Appointment; Term; Compensation.
I. There shall be a board of dental hygienists consisting of 9 members, including 4 dental hygienists, one dentist, and 4 public members, each to be appointed by the governor, with the approval of the council, to a term of 5 years. No member of the board shall be appointed to more than 2 consecutive terms. Only board members provided for in this paragraph shall have the authority to vote in board determinations.
II. The public members of the board shall be persons who are not, and never were, members of the dental profession or the spouse of any such person, and who do not have, and never had, a material financial interest in either the provision of dental services or an activity directly related to dentistry or dental hygiene, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
III. Members of the board shall each receive $50 for each day actually engaged in the duties of their office, plus reasonable expenses necessarily incurred in the discharge of their duties.
IV. The board shall be an administratively attached agency, under RSA 21-G:10, to the department of health and human services.
317-B:4 Eligibility. All members of the board shall be residents of this state for a period of at least 5 years prior to their appointment. The dental hygiene members shall have been engaged in the practice of dental hygiene in this state for a period of at least 5 years prior to appointment. There shall be no more than one member of the board who is also a full-time faculty member of a school of dentistry or school of dental hygiene.
317-B:5 Duties; Organization; Meetings; Records.
I. The board of dental hygienists will have the following powers and duties:
(a) To examine and license applicants which it finds to be qualified as provided in this chapter to practice dental hygiene. The public members of the board shall not examine applicants in the clinical practice of dental hygiene;
(b) To undertake, when appropriate, disciplinary proceedings and disciplinary action against licensees;
(c) To obtain legal counsel, investigators, and such other assistance as may be required, to make contracts and arrangements for the performance of administrative and similar services, and to establish compensation therefor;
(d) To establish fees for examination of applicants for licenses and for renewal of licenses to practice dental hygiene and for transcribing and transferring records and other services. The fees established by the board shall be sufficient to provide revenues equal to 125 percent of the direct operating expenses of the board;
(e) With the approval of the attorney general and the governor and council, to compensate the board’s counsel, investigators, and other assistants, appointed in connection with its activities under this chapter on warrant of the governor out of any money in the treasury not otherwise appropriated; provided that any sums so expended shall be included in the computation of fees established for the subsequent fiscal year.
II. The board shall choose one of its members as its chairperson and one of its members as vice-chairperson. Five members shall constitute a quorum. 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. The records shall be public and shall be open to inspection at all reasonable times, except for records compiled in connection with disciplinary proceedings under RSA 317-B:19.
317-B:6 Report; Receipts. The board shall make a biennial report of its proceedings to the governor and council in October, and all fees and fines received by the board shall be paid monthly to the state treasurer.
317-B:7 Location of Office. The office of the New Hampshire state board of dental hygienists shall be located in the bureau of dental public health, department of health and human services.
317-B:8 Licensure; Applications; Criminal History Records Check.
I. For the protection of the public health, safety, and welfare, any person providing dental hygiene services in New Hampshire shall submit evidence to the board that such person is qualified to provide those services and shall be licensed as provided in this chapter. No person shall provide dental hygiene services in New Hampshire or use any sign, card, device, or the abbreviation R.D.H. or any other designation indicating such person is providing dental hygiene services, unless such person has been licensed under the provisions of this chapter.
II. Applications for licensure as a dental hygienist shall be made to the board in writing and shall be accompanied by a fee established by the board and by satisfactory proof that the applicant is a graduate of a school of dentistry or a school of dental hygiene with a minimum of a 2-year program in an institution of higher education, the program of which is accredited by a national accrediting agency recognized by the United States Department of Education and the American Dental Association Commission of Dental Accreditation.
III. (a) Every applicant for initial licensure shall submit to the board a notarized criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the board.
(b) The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
(c) The board shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the board. The board shall maintain the confidentiality of all criminal history records information received pursuant to this section.
(d) The applicant shall bear the cost of a criminal history record check.
317-B:9 Examinations. Except as otherwise provided, applicants shall be examined by the board. The examinations may be oral, clinical, written, or a combination, at the discretion of the board, and shall be of such character as to test the qualifications of the applicant to be licensed in dental hygiene. No license shall be granted to any applicant who shall not pass such examination satisfactorily. The board shall have the authority to grant a license in dental hygiene to applicants who have successfully passed the requirements of any national or regional testing agency acceptable to the board.
317-B:10 Practice of Dental Hygiene.
I. A person shall be regarded as practicing dental hygiene within the meaning of this chapter, who performs any of the actions listed in paragraph II, or who uses the title “registered dental hygienist,” the abbreviation “R.D.H.”, or any other words or symbols that indicate that the person is a licensed dental hygienist.
II. Dental hygiene services shall include:
(a) The assessment of medical and dental histories, including preliminary inspection of the oral cavity, surrounding structures, and periodontal charting.
(b) The assessment of the patient to collect and evaluate complete data to identify dental hygiene care needs.
(c) The performance of the complete prophylaxis including the removal of calciferous deposits, excess cements, excess bond materials from orthodontic appliances, accretions, and stains from the supragingival and subgingival surfaces of the teeth by scaling, root planning, and polishing.
(d) The performance of procedures requiring additional education and any other procedures authorized by the board through rules adopted under RSA 541-A.
(e) The administration of local anesthesia.
(f) The administration of nitrous oxide/oxygen minimal sedation (anxiolysis); provided the dental hygienist is qualified by the board after training and after passing an examination approved by the board.
III. Dental hygiene services shall be provided under the supervision of a licensed dentist in accordance with rules adopted by the board. Nothing in this chapter shall be construed to permit the independent practice of dental hygienists.
IV. The practice of dental hygiene conducted under the authority of a health care charitable trust as provided in RSA 317-A:20, III(c) shall be performed by dental hygienists licensed by the board and who practice under the supervision of a dentist licensed by the board of dental examiners. The health care charitable trust shall notify the board in writing of the name and location of the dental clinic and the name of the supervising dentist, and shall notify the board within 10 days of any change of the supervising dentist.
317-B:11 License by Endorsement. Licensure by endorsement may be considered by the board for each applicant who holds a current, unrestricted license to practice dental hygiene and who submits to the board the required credentials if, for the 3 years immediately preceding the application, the applicant:
I. Has practiced clinical dental hygiene in one or more states, provided the other state’s licensing requirements are substantially equivalent to or higher than those of this state; or
II. Has been in dental hygienist specialty training; or
III. Has been in active military service as a dental hygienist; or
IV. Has been in any combination of these.
317-B:12 Temporary Licenses.
I. A temporary license may be issued, at the discretion of the board, to a person for research projects and programs of professional education having clinical dental hygiene components.
II. A temporary license may be issued, at the discretion of the board, to dental hygienists for the provision of voluntary dental hygiene services. To qualify for licensure under this paragraph, the applicant shall be an active, inactive, or former licensee in New Hampshire or in another state or Canadian province as determined by the board.
317-B:13 Display of License. Any person issued a license under this chapter shall display the license at all times in a conspicuous place in the office where the licensee practices, and shall, whenever requested, exhibit such license to any of the members of said board or its authorized agent.
317-B:14 Rulemaking Authority. The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. The application procedure for a dental hygiene license;
II. The design of all forms required to be filed under this chapter;
III. The qualifications of applicants in addition to those requirements set by statute, including experience requirements for application for license by endorsement;
IV. How an applicant shall be examined, including:
(a) Time and place of examination;
(b) The subjects to be tested;
(c) Passing grade; and
(d) Disposition of examination papers;
V. How a license issued under this chapter shall be renewed;
VI. Ethical standards required to be met by each holder of a dental hygiene license and how such licenses may be revoked for violation of these standards;
VII. The establishment of all fees required under this chapter;
VIII. Administration of the inactive list established under RSA 317-B:18;
IX. Procedures for the conduct of hearings consistent with due process;
X. Procedures and policies for board investigations and proceedings under RSA 317-B:21;
XI. Continuing education requirements for licensees;
XII. The imposition of administrative fines authorized under RSA 317-B:19, III(f).
317-B:15 License Renewal.
I.(a) By February 15 in each odd-numbered year, the board shall mail to each person licensed to practice dental hygiene a notice of registration and license renewal form.
(b) A failure of the licensee to receive the license renewal form shall not relieve the licensee of the obligation to comply with this section and the rules of the board.
II. Except as provided in RSA 317-B:18, before April 1 in the year of renewal under paragraph I a person licensed to practice dental hygiene in this state shall register with the board, apply for license renewal, and pay the fee established in rules adopted by the board. The timelines of submission of renewal applications shall be evidenced by date stamp or other record made at the time of receipt at the board’s office.
III. All persons licensed to practice dental hygiene in this state shall notify the board in writing within 10 days of any change of business or residential address which may occur during the period between biennial registrations.
317-B:16 Failure to Register; Penalties. Any person licensed by the board under this chapter who fails, neglects, or refuses to register pursuant to RSA 317-B:16 shall be assessed an administrative fine 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 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.
317-B:17 Reinstatement of Lapsed Licenses. The board shall reinstate a license which has lapsed as a result of failure of the applicant to qualify for renewal or to submit a completed renewal application on time if the applicant:
I. Meets eligibility requirements for renewal.
II. Meets the reinstatement requirements established by the board in rules adopted pursuant to RSA 541-A.
III. Pays the registration fee, late fee, and reinstatement fee.
317-B:18 Inactive List. A dental hygienist licensed under this chapter who does not actively engage in such practice in New Hampshire within 2 years of his or her previous biennial registration shall have the licensee’s name transferred to an inactive list and shall be required to register biennially and pay the inactive registration fee as long as the licensee remains inactive. Any dental hygienist holding an inactive license shall be restored to active status by the board upon the filing of a written request with the board and the furnishing of evidence of continuing professional character and competence and upon payment of the full registration fee established in rules adopted by the board. A person’s right to maintain a license with active status shall not be affected by any absence from active practice in New Hampshire while serving on active duty in the armed forces of the United States.
317-B:19 Professional Misconduct.
I. The board may undertake adjudicatory proceedings or proceedings to determine the qualifications of applicants for licensure:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II of this section and specifies the grounds therefor, or charges that an applicant for a license lacks necessary qualifications and specifies the grounds therefor.
II. The board, after notice and the opportunity to be heard, may refuse to issue a license or impose sanctions against a licensee, when it has evidence that the licensee or applicant has engaged in professional misconduct. Misconduct sufficient to support adverse action shall include:
(a) Addiction to mind-altering drugs or intoxicants.
(b) Commission of any felony or of a misdemeanor involving dishonesty, untrustworthiness, or unprofessional conduct, or any administrative or criminal conviction involving moral turpitude or fraud in obtaining educational credentials, examination scores, or professional licensure in this or any other jurisdiction.
(c) Affliction with a physical or mental impairment or disease which is dangerous to the public health or which precludes the practice of dental hygiene at ordinary levels of proficiency.
(d) Ignorance, incompetence, or a pattern of behavior inconsistent with the basic knowledge and skills expected of persons licensed to practice dental hygiene.
(e) Gross or repeated negligence in practicing dental hygiene.
(f) Intentionally injuring a patient or engaging in any other unprofessional or dishonest conduct in practicing dental hygiene.
(g) Failure to follow the current guidelines of the American Dental Association, as adopted, in whole or in part, by the board.
(h) Advertising the licensee’s practice by using any newspaper, broadcast, cable transmission, telephone, sign, poster, or other advertising message which:
(1) Deceives or is intended to deceive the public concerning dental hygiene services, techniques, the qualifications of a licensee, or the prices to be charged;
(2) Claims or suggests that the licensee enjoys professional superiority or performs services in a manner superior to other persons licensed by this chapter or that the licensee performs services or any particular service in a painless manner; or
(3) Announces the use of any drug or medicine of an unknown formula or any system or anesthetic that is unnamed, misnamed, misrepresented, or not in reality used.
(i) Employing or permitting an unlicensed person to practice in the licensee’s office.
(j) Knowingly or willfully violating any provision of this chapter, any substantive rule or order of the board, any federal, state, or local controlled drug law or other federal, state, or local laws or regulations pertaining to the practice of dental hygiene, and the code of ethics of the American Dental Association as reviewed and approved, in whole or in part, by the board.
III. The board may take disciplinary action in any one or more of the following ways:
(a) By license revocation or suspension.
(b) By limitation or restriction of a license.
(c) By requiring the licensee to submit to the care, counseling, or treatment of a physician, counseling service, health care facility, professional assistance program, or any comparable person or facility, approved by the board.
(d) By requiring the licensee to participate in educational programs relevant to the practice of dental hygiene in substantive areas in which the licensee has been found professionally deficient.
(e) By requiring the licensee to practice under the direction of a dental hygienist in a public institution, public or private health care program, or private practice for a period of time specified by the board under rules adopted pursuant to RSA 541-A.
(f) By assessing administrative fines in amounts established by the board which shall not exceed $2,000 per offense or, in the case of continuing offenses, $250 for each day the violation continues.
(g) By reprimand.
IV. Upon receipt of an administratively final order from the licensing authority of another jurisdiction which imposed disciplinary sanctions against any person licensed by the board, or any person applying for licensure, the board may issue an order directing the licensee or applicant to appear and show cause why similar disciplinary action or, in the case of an applicant, license denial or restriction, should not be imposed in this state. In any such proceeding, the decision of the foreign licensing authority may not be collaterally attacked, but the licensee or applicant shall be given the opportunity to demonstrate why a lesser sanction should be imposed. When acting under this paragraph, the board may issue any disciplinary sanction or take any action with regard to a license application, which would otherwise be permitted by this chapter, including sanctions or actions more stringent than those imposed by the foreign jurisdiction. The board shall adopt rules, pursuant to RSA 541-A, relative to handling summary proceedings brought under this paragraph, but shall furnish the respondent at least 10 days’ written notice and an opportunity to be heard.
V. Every insurer, including self-insurers, providing professional liability insurance to a licensee of the board shall send a complete report to the board as to all reservable claims and suits coincident with the initiation of an action for dental injury within 30 days after the initiation of the action. For the purpose of this paragraph, dental injury means any adverse, untoward, or undesired consequences arising out of or sustained in the course of professional services rendered by a dental hygiene care provider, whether resulting from negligence, error, or omission in the performance of such services; from rendition of such services without informed consent or in breach of warranty or in violation of contract; from failure to diagnose; from premature abandonment of a patient or of a course of treatment; from failure properly to maintain equipment or appliances necessary to the rendition of such services; or otherwise arising out of or sustained in the course of such services.
317-B:20 Immunity From Civil Action. No civil action shall be maintained against the board or any member thereof or its agents or employees. No civil action shall be maintained against any organization or its members or against any other person for or by reasons of any good faith statement, report, communication, or testimony to the board or determination by the board in relation to proceedings under this chapter.
317-B:21 Investigatory Powers of the Board; Complaints.
I. The board may investigate possible misconduct by licensees and any other matters governed by the provisions of this chapter. Investigations may be conducted with or without the issuance of a board order setting forth the general scope of the investigation, and with or without prior notification to the licensee. An investigation may include unannounced inspections of the licensee’s practice location when deemed necessary to determine day-to-day practices or to prevent evidence from being hidden, altered, or destroyed. Board investigations and any information obtained by the board pursuant to such investigations shall be exempt from the public disclosure provisions of RSA 91-A, unless such information subsequently becomes the subject of a public disciplinary hearing. However, the board may disclose information obtained in an investigation to law enforcement or health licensing agencies in this state or any other jurisdiction, or in accordance with specific statutory requirements or court orders.
II. The board may retain legal counsel, advisors, or other investigators to assist with any investigation and with adjudicatory hearings.
III. The board may commence a formal or informal investigation, or an adjudicative hearing, concerning allegations of misconduct and other matters within the scope of this chapter on its own motion whenever it has a reasonable basis for doing so, and the type of procedure chosen shall be a matter reserved to the discretion of the board. Investigations may be conducted on an ex parte basis.
IV.(a) The board may administer oaths or affirmations, preserve testimony, and issue subpoenas for witnesses and for documents during any formal investigation or adjudicatory hearing. The board may also subpoena patient records, as provided in paragraph V, during formal investigations.
(b) The board shall serve any subpoena not covered by paragraph V in accordance with the procedures and fee schedules established by the superior court, except that:
(1) Any person licensed by the board shall not be entitled to a witness fee or mileage expenses for travel within the state.
(2) The board shall not be required to tender witness fees and mileage expenses in advance if the subpoena is annotated “fees guaranteed by the New Hampshire board of dental hygienists.”
(3) The respondent shall be allowed at least 48 hours to comply with a subpoena issued under this chapter.
V. The board may at any time subpoena dental records from its licensees and patient records from hospitals, pharmacies, and other health care providers or facilities licensed by or certified in this state. Such subpoenas shall be served by certified mail or by personal delivery to the address shown on the licensee’s current license, and no witness or other fee shall be required. A minimum of 15 days’ advance notice shall be allowed for complying with a subpoena duces tecum issued under this chapter.
VI. All licensees and any persons applying for licensure or any other privilege granted by the board shall have the duty to keep the board informed of their current business and residence addresses. Notice of any hearing or other action taken under this chapter shall be deemed adequate if notice is mailed to the most recent home or business address furnished to the board by the licensee.
VII. Any complaint of licensee misconduct shall be in writing and shall be treated as a petition for the commencement of an adjudicatory hearing. The board shall fairly investigate all complaints to the extent and in the manner warranted by the allegations. Any complaint which fails to state a cause of action may be summarily denied in whole or in part. Some or all of the allegations in a complaint may be consolidated with another complaint or with issues which the board wishes to investigate or hear on its own motion. If an investigation of a complaint results in an offer of settlement by the licensee, the board may settle the allegations against the licensee without the consent of a complainant, provided that material facts are not in dispute and the complainant is given an opportunity to comment upon the terms of the proposed settlement.
VIII. At the commencement of an adjudicatory proceeding, or at any time during a formal or informal investigation, and without issuing a subpoena, the board may mail a statement of the issues being investigated or heard to any licensee or other person who is a proper subject of inquiry and require the licensee or other person to provide a detailed and good faith written response to the allegations identified by the board. The licensee or other person shall provide complete copies of office records concerning any patient whose treatment is relevant to the matters at issue. The licensee shall respond to such request within a reasonable time period of not less than 15 days, as the board may specify in its written request.
317-B:22 Hearings; Decisions; and Appeals.
I. Any adjudicatory hearing shall be an open public proceeding. Any member of the board may preside at such a hearing and may issue oaths or affirmations to witnesses.
II. The board shall furnish the licensee or any other respondent at least 15 days’ written notice of the date, time, and place of a hearing, except as otherwise provided in this chapter. Such notice shall include an itemization of the issues to be heard, and, in the case of a disciplinary hearing, a statement as to whether the action has been initiated by a written complaint or upon the board’s own motion, or both. If a written complaint is involved, the complainant shall also receive a copy of the hearing notice and shall be provided with a reasonable opportunity to intervene as a party.
III. Any person appearing at a board hearing or investigation may be represented by legal counsel, but the board shall have no obligation or authority to appoint or provide an attorney to any person appearing at a board hearing or investigation.
IV. The board may at any time dispose of issues or allegations at an adjudicatory hearing, or an investigation, by default, settlement agreement, or consent order, by issuing an order of dismissal for failing to state a proper basis for disciplinary action. In adjudicatory or disciplinary hearings, the board may hold prehearing conferences which shall be exempt from the provisions of RSA 91-A, but all final disciplinary actions, including those which occur without holding a public hearing, shall be available to the public.
V. Adjudicatory decisions and final disciplinary actions of the board shall be made by a majority of the board members participating in the decision. Such decisions shall not be made public until they have been reduced to writing, signed by a representative of the board, and served upon the parties.
VI. Decisions of the board may be appealed to the supreme court pursuant to RSA 541. The court shall not stay any disciplinary sanction imposed by the board pending appeal, if the board has determined that the sanction is required for the public safety and welfare.
317-B:23 Temporary Suspension Where Imminent Threat. In cases involving imminent danger to life or health, the board shall order suspension of a license or privilege granted under this chapter pending hearing for a period of no more than 60 days. In such cases, the basis for the board’s finding of imminent danger to life or health shall be reduced to writing and combined with a hearing notice which complies with RSA 541-A:31, III. Notwithstanding the requirements of RSA 541-A:30, III, the board’s hearing may commence as much as 30 days after the date of the order suspending the license. If the board does not commence the hearing within 30 days, the suspension order shall be automatically vacated, but a licensee shall be allowed additional time to prepare for or to complete a hearing under this paragraph only by agreeing to a further suspension commensurate with the additional time extended.
317-B:24 Certificate of Good Standing. Any one who is licensed to practice dental hygiene in this state, and of good professional character, and known to the board as such, who desires to change residence to another state, territory or country, shall, upon application to the board, receive a special certificate which shall attest such facts, and give the date upon which such person was licensed.
317-B:25 Dental Records. Dental hygienists shall make a record of all treatments performed or recommended. The record shall be in such a manner and in sufficient detail that it may be used for identification purposes. A dental hygienist shall maintain patients’ paper, electronic, and radiographic records for at least 7 years from the time the dental hygienist last treated the patient. In the case of a minor patient, a dental hygienist shall maintain a patient’s paper, electronic, and radiographic dental records for at least 7 years past the age of majority.
317-B:26 Unlicensed Persons Prohibited. 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 dental hygienists to practice dental hygiene.
317-B:27 List of Dental Hygienists. Any manager, proprietor, partnership, association, or corporation specified in RSA 317-B:26 shall, within 10 days after demand made by the board by registered mail, furnish the names and addresses of all persons practicing dental hygiene in their or its place of business or under their or its control, together with a sworn statement showing by what license or authority said persons are practicing.
317-B:28 False Papers. Any person filing or attempting to file as his or her own the diploma or license of another, or a forged affidavit of identification or qualification, shall be deemed guilty of forgery.
317-B:29 Penalty. Except as otherwise provided, any person who shall practice or attempt to practice dental hygiene in this state without a license or who violates any of the provisions of RSA 317-B shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.
317-B:30 Injunction. The board may petition the superior court for an injunction to restrain the practice of dental hygiene, as defined in RSA 317-B:10, by any person other than a licensed dental hygienist or such other persons as are specifically excepted from the operation of RSA 317-B:10. In such proceedings, the board may be represented by the attorney general or its own counsel, and such petition may be filed in the superior court for the county in which the defendant named therein resides, or, if such defendant is a nonresident, then in the superior court for any county in which the named defendant does business. The petition for such injunction or the issuance thereof shall be in addition to, and shall not relieve any such person from, criminal prosecution. In connection with any such petition for an injunction, it shall not be necessary to prove that an adequate remedy at law does not exist.
2 Dental Board; References to Hygienists Removed. Amend RSA 317-A:4, I to read as follows:
I. The board of dental examiners will have the following powers and duties:
(a) To examine, register, and license applicants whom it finds to be qualified as provided in this chapter to practice dentistry [and dental hygiene]. The public member of the board shall not examine applicants in the clinical practice of dentistry [or the clinical practice of dental hygiene];
(b) The dental hygiene members shall not examine applicants for the clinical practice of dentistry;
(c) To undertake, when appropriate, disciplinary proceedings and disciplinary action against licensees as authorized by RSA 317-A:17, 317-A:18, 317-A:18-a, 317-A:18-b, and any other appropriate disciplinary statutes;
(d) To obtain legal counsel, investigators, and such other assistance as may be required; to make contracts and arrangements for the performance of administrative and similar services; and to establish compensation therefor;
(e) To establish fees for examination of applicants for licenses and for renewal of licenses to practice dentistry [and dental hygiene] and for transcribing and transferring records and other services. The fees for dentists established by the board shall include not more than $30 of each application or renewal fee to be used for the funding of professional assistance programs or similar services as may be required under RSA 317-A:17, III(c). The fees established by the board shall be sufficient to provide revenues equal to 125 percent of the direct operating expenses of the board, including expenses under RSA 317-A:4, I(f), for the previous fiscal year;
(f) With the approval of the attorney general and the governor and council, to compensate the board’s counsel, investigators, and other assistants, appointed in connection with its activities under RSA 317-A:4, 317-A:17, 317-A:18, 317-A:18-a, and 317-A:18-b, on warrant of the governor out of any money in the treasury not otherwise appropriated; provided that any sums so expended shall be included in the computation of fees established for the subsequent fiscal year under RSA 317-A:4, I(e)[.];
(g) May request the state of New Hampshire director of dental health to serve as executive secretary to the board.
3 Dental Board; Licenses; References to Dental Hygiene Removed. Amend RSA 317-A:7 to read as follows:
317-A:7 License Required. No person shall begin the practice of dentistry[, or dental hygiene,] without first obtaining a license for such purpose from the board.
4 Dental Board; License by Endorsement; References to Dental Hygiene Removed. Amend RSA 317-A:7-a to read as follows:
317-A:7-a License by Endorsement. Licensure by endorsement may be considered by the board for each applicant who holds a current, unrestricted license and registration certificate to practice dentistry [or dental hygiene] and who submits to the board the required credentials if, for the 3 years immediately preceding the application, the applicant:
I. Has practiced clinical dentistry [or practiced clinical dental hygiene] in one or more states; or
II. Has been in dental specialty training; or
III. Has been in active military service as a dentist; or
IV. Has been in any combination of these.
5 Dental Board; Applications; References to Dental Hygiene Removed. Amend RSA 317-A:8, IV to read as follows:
IV. A temporary license may be issued, at the discretion of the board, to dentists [and dental hygienists] for the provision of voluntary dental [or dental hygiene services]. To qualify for licensure under this paragraph, the applicant shall be an active, inactive, or former licensee in New Hampshire or in another state or Canadian province as determined by the board.
6 Dental Board; Applications; References to Dental Hygiene Removed. Amend RSA 317-A:9 to read as follows:
317-A:9 Examinations. Applicants for a license to practice dentistry [or dental hygiene] shall be examined by the board or have successfully passed a national or regional test accepted by the board. Examinations may be oral, clinical, written, or any combination at the discretion of the board and shall be of such character as to test the qualifications of the applicant to practice dentistry [or dental hygiene]. No license shall be granted to any applicant who shall not pass such examination.
7 Dental Board; Rulemaking. Amend RSA 317-A:12, I to read as follows:
I. The application procedure for a dental [or dental hygiene] license;
8 Dental Board; Rulemaking. Amend RSA 317-A:12, VI to read as follows:
VI. Ethical standards required to be met by each holder of a dental [or dental hygiene] license and how such licenses may be revoked for violation of these standards;
9 Dental Board; Renewal. Amend RSA 317-A:13 to read as follows:
317-A:13 License Renewal.
I.(a) By February 15 in each even-numbered year, the board shall mail to each person licensed to practice dentistry a notice of registration and license renewal form.
(b) [By February 15 in each odd-numbered year, the board shall mail to each person licensed to practice dental hygiene a notice of registration and license renewal form.
(c)] A failure of the licensee to receive the license renewal form shall not relieve the licensee of the obligation to comply with this section and the rules of the board.
II. Except as provided in RSA 317-A:16, before April 1 in the year of renewal under paragraph I a person licensed to practice dentistry [or dental hygiene] in this state shall register with the board, apply for license renewal, and pay the fee established in rules adopted by the board. The timelines of submission of renewal applications shall be evidenced by date stamp or other record made at the time of receipt at the board’s office.
III. All persons licensed to practice dentistry [or dental hygiene] in this state shall notify the board in writing within 10 days of any change of business or residential address which may occur during the period between biennial registrations.
10 Dental Board; Inactive List. Amend RSA 317-A:16 to read as follows:
317-A:16 Inactive List. A dentist [or dental hygienist] licensed under this chapter who does not actively engage in such practice in New Hampshire within 2 years of his or her previous biennial registration shall have the licensee’s name transferred to an inactive list and shall be required to register biennially and pay the inactive registration fee as long as the licensee remains inactive. Any dentist [or dental hygienist] holding an inactive license shall be restored to active status by the board upon the filing of a written request with the board and the furnishing of evidence of continuing professional character and competence and upon payment of the full registration fee established in rules adopted by the board. A person’s right to maintain a license with active status shall not be affected by any absence from active practice in New Hampshire while serving on active duty in the armed forces of the United States.
11 Dental Board; Misconduct; References to Dental Hygiene Removed. Amend RSA 317-A:17, II(c)-(f) to read as follows:
(c) Affliction with a physical or mental impairment or disease which is dangerous to the public health or which precludes the practice of dentistry [or dental hygiene] at ordinary levels of proficiency.
(d) Ignorance, incompetence, or a pattern of behavior inconsistent with the basic knowledge and skills expected of persons licensed to practice dentistry [or dental hygiene].
(e) Gross or repeated negligence in practicing dentistry [or dental hygiene].
(f) Intentionally injuring a patient or engaging in any other unprofessional or dishonest conduct in practicing dentistry [or dental hygiene].
12 Dental Board; Applicants; References Removed. Amend RSA 317-A:24 and 25 to read as follows:
317-A:24 Applicants From Other States. The board may license any applicant for a dental [or dental hygienist] license who is so licensed in any other state, provided the other state’s licensing requirements are substantially equivalent to or higher than those of this state.
317-A:25 Certificate of Good Standing. Any one who is licensed to practice dentistry [or dental hygiene] in this state, and of good professional character, and known to the dental board as such, who desires to change residence to another state, territory, or country, shall, upon application to the dental board, receive a special certificate over the signature of the president and vice-president of the board, which shall attest such facts, and give the date upon which such person was licensed.
13 Dental Board; Records; Penalties; References Removed. Amend RSA 317-A:27-a through RSA 317-A:29 to read as follows:
317-A:27-a Dental Records. Dentists [and dental hygienists] shall make a record of all examinations and treatments performed or recommended. The record shall be in such a manner and in sufficient detail that it may be used for identification purposes. A dentist shall maintain patients’ paper, electronic, and radiographic records for at least 7 years from the time the dentist [or dental hygienist] last treated the patient. In the case of a minor patient, a dentist shall maintain a patient’s paper, electronic, and radiographic dental records for at least 7 years past the age of majority.
317-A:28 Unlicensed Persons Prohibited. 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].
317-A:29 List of Dentists [and Dental Hygienists]. Any manager, proprietor, partnership, association, or corporation specified in RSA 317-A:28 shall, within 10 days after demand made by the vice-president of the board by registered mail, furnish to the vice-president the names and addresses of all persons practicing dentistry [or dental hygiene] in their or its place of business or under their or its control, together with a sworn statement showing by what license or authority said persons are practicing.
14 Dental Board; Penalty; Reference to Dental Hygiene Removed. Amend RSA 317-A:33 to read as follows:
317-A:33 Penalty. Except as otherwise provided, any person who shall practice or attempt to practice dentistry [or dental hygiene] in this state without a license or who violates any of the provisions of RSA 317-A shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.
15 Repeal. The following are repealed:
I. RSA 317-A:20, IV, relative to dental hygiene.
II. RSA 317-A:21 through RSA 317-A:21-d, relative to regulation of dental hygienists by the dental board.
16 Applicability; Licenses; Rules.
I. Any license to practice as a dental hygienist issued by the board of dental examiners under RSA 317-A and which is current on June 30, 2011 shall continue to have effect and be recognized by the board of dental hygienists according to the terms of the license provided the licensee complies with the remaining provisions of RSA 317-B on and after the effective date of this act.
II. Any rule adopted by the board of dental examiners under RSA 317-A relating to the regulation of dental hygienists shall continue to be effective and apply to licensed dental hygienists until such rule is superseded or readopted according to RSA 541-A by the board of dental hygienists under RSA 317-B.
17 Effective Date.
I. RSA 317-B:3 and RSA 317-B:14 inserted by section 1 of this act shall take effect January 1, 2011.
II. The remainder of this act shall take effect July 1, 2011.
LBAO
10-2293
12/08/09
HB 1593-FN - FISCAL NOTE
AN ACT establishing a board of dental hygienists.
FISCAL IMPACT:
The Department of Health and Human Services states this bill would increase state expenditures by $73,461 in FY 2011, $78,891 in FY 2012, $78,064 in FY 2013, and $81,537 in FY 2014, and increase state revenue by an indeterminable amount in FY 2011 and each year thereafter. This bill will have no fiscal impact on county and local revenue and expenditures.
METHODOLOGY:
The Department of Health and Human Services states this bill would establish a board of dental hygienists separate from the board of dental examiners. The Board would be administratively attached to the Department of Health and Human Services. The Board would consist of nine members who would receive $50 for each day they are engaged in the duties of their office. The Department estimates the Board would meet once a month resulting in per diem costs of $5,400 annually. Although this bill does not establish positions or contain an appropriation, the Department estimates they would need to hire an Administrative Assistant II position (Labor Grade 18), and estimates the fiscal impact on state expenditures as follows –
FY 2011 FY 2012 FY 2013 FY 2014
Salary $33,540 $34,866 $36,290 $37,850
Benefits 20,921 22,525 24,274 26,187
Current Expense 8,000 8,000 8,000 8,000
Organization Dues 100 100 100 100
Transfers to OIT 1,000 5,000 1,000 1,000
Equipment 2,000 500 500 500
Per Diem Costs 5,400 5,400 5,400 5,400
In-State Travel 2,500 2,500 2,500 2,500
$73,461 $78,891 $78,064 $81,537
The Department is unable to determine the exact impact on state revenue at this time as fees would be set through rulemaking, but states fees would recover, on an annual or biennial basis, the full cost of the program including the cost of support and administrative services provide by other agencies, or 125% of the direct cost of the board relating to the program.