1 Dentists and Dentistry; Examining Board; Membership. Amend RSA 317-A:2, I to read as follows:

I. There shall be a board of dental examiners consisting of 9 members ; including 6 dentists, 2 dental hygienists, and one public member, each to be appointed by the governor, with the approval of the council, to a term of 5 years. One dentist member shall have a current permit to administer general anesthesia and deep sedation . 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.

2 Finding. With respect to section 3 of this section, the general court finds that general recommendation 1.2 from the January 2026 publication "American Dental Association and American Academy of Oral and Maxillofacial Radiology patient selection for dental radiography and cone-beam computed tomography Clinical recommendations" in the Journal of the American Dental Association states that "radiographic screening shall not be performed before the clinical examination. The decision to obtain a radiograph or CBCT scan shall be made on the basis of the patient's medical and dental histories, clinical examination, disease risk assessment, presence of a clinical condition, and previously obtained radiographic imaging. The benefits to the diagnosis and treatment planning must outweigh the potential risks from exposure to radiation, especially in the case of a child or young adult."

3 New Paragraph; Practice of Dentistry; X-Rays; When Required. Amend RSA 317-A:17 by inserting after paragraph II the following new paragraph:

II-a. Notwithstanding RSA 317-A:17, II(g) and recognizing that the clinical guidelines published by the American Dental Association and the American Dental Hygienists Society state that they are not intended as regulatory documents, the board shall not take action against a licensee for variations from clinical guidelines intended to provide person-centered care that is specific for each individual and which considers the person's needs, values and preferences.

(a) Radiographic screening shall not be performed before the clinical examination. The decision to obtain a radiograph or CBCT scan shall be made on the basis of the patient's medical and dental histories, clinical examination, disease risk assessment, presence of a clinical condition, and previously obtained radiographic imaging. The benefits to the diagnosis and treatment planning must outweigh the potential risks from exposure to radiation, especially in the case of a child or young adult.

(b) When the decision to obtain a radiograph is refused by the patient, the dentist may treat the patient who has declined to have a radiographic examination. In such cases, the dentist shall require the patient to sign a waiver of liability, indicating that the patient waives the right to sue the dentist in the event that the lack of a radiographic examination results in unforeseen injury to the patient. No dentist shall be subject to license suspension, revocation, or any other disciplinary action by the board for actions taken pursuant to this paragraph.

4 Effective Date.

I. Section 1 of this act shall take effect September 1, 2026.

II. The remainder of this act shall take effect 60 days after its passage.

1 Dentists and Dentistry; Examining Board; Membership. Amend RSA 317-A:2, I to read as follows:

I. There shall be a board of dental examiners consisting of 9 members , ; including 6 dentists, 2 dental hygienists, and one public member, each to be appointed by the governor, with the approval of the council, to a term of 5 years. One dentist member shall have a current permit to administer general anesthesia and deep sedation , and one dentist member shall be a general dentist . 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.

2 Finding. With respect to section 3 of this section, the general court finds that general recommendation 1.2 from the January 2026 publication "American Dental Association and American Academy of Oral and Maxillofacial Radiology patient selection for dental radiography and cone-beam computed tomography Clinical recommendations" in the Journal of the American Dental Association states that "radiographic screening shall not be performed before the clinical examination. The decision to obtain a radiograph or CBCT scan shall be made on the basis of the patient's medical and dental histories, clinical examination, disease risk assessment, presence of a clinical condition, and previously obtained radiographic imaging. The benefits to the diagnosis and treatment planning must outweigh the potential risks from exposure to radiation, especially in the case of a child or young adult."

3 New Paragraph; Practice of Dentistry; X-Rays; When Required. Amend RSA 317-A:17 by inserting after paragraph II the following new paragraph:

II-a. Notwithstanding RSA 317-A:17, II(g) and recognizing that the clinical guidelines published by the American Dental Association and the American Dental Hygienists Society state that they are not intended as regulatory documents, the board shall not take action against a licensee for variations from clinical guidelines intended to provide person-centered care that is specific for each individual and which considers the person's needs, values and preferences.

(a) Radiographic screening shall not be performed before the clinical examination. The decision to obtain a radiograph or CBCT scan shall be made on the basis of the patient's medical and dental histories, clinical examination, disease risk assessment, presence of a clinical condition, and previously obtained radiographic imaging. The benefits to the diagnosis and treatment planning must outweigh the potential risks from exposure to radiation, especially in the case of a child or young adult.

(b) When the decision to obtain a radiograph is refused by the patient, the dentist may treat the patient who has declined to have a radiographic examination. In such cases, the dentist shall require the patient to sign a waiver of liability, indicating that the patient waives the right to sue the dentist in the event that the lack of a radiographic examination results in unforeseen injury to the patient. No dentist shall be subject to license suspension, revocation, or any other disciplinary action by the board for actions taken pursuant to this paragraph.

4 Effective Date.

I. Section 1 of this act shall take effect September 1, 2026.

II. The remainder of this act shall take effect 60 days after its passage.