2013 -- S 0539 SUBSTITUTE B

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LC01492/SUB B

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- DENTISTS AND DENTAL

HYGIENISTS

     Introduced By: Senators Lynch, and McCaffrey

     Date Introduced: February 28, 2013

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 5-31.1-2 of the General Laws in Chapter 5-31.1 entitled "Dentists

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and Dental Hygienists" is hereby amended to read as follows:

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     5-31.1-2. Board of examiners in dentistry -- Members -- Compensation -- Funds. --

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(a) There is created within the department of health the Rhode Island board of examiners in

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dentistry, which is composed of the following members:

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      (1) Six (6) Eight (8) licensed dentists;, no more than three (3) shall be dental specialists

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as recognized by the American Dental Association (ADA);

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      (2) Four (4) public members not associated with the dental field;

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      (3) Two (2) licensed dental hygienists; and

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      (4) The chief of the office of dental public health, who shall serves serve as a an ex-

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officio member of the board; and

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     (5) One certified dental assistant

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      (b) The governor shall appoint the members of the board, except that prior to appointing

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the six (6) eight (8) dentist members the governor may submit a list of all candidates to the

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appropriate dental societies for comments as to their qualifications. No member shall be

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appointed for more than two (2) consecutive full terms. A member appointed for less than a full

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term (originally or to fill a vacancy) may serve two (2) full terms in addition to that part of a full

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term, and a former member is again eligible for appointment after a lapse of one or more years.

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All subsequent appointments to the board shall be for a term of three (3) years. Any member of

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the board may be removed by the governor for neglect of duty, misconduct, malfeasance, or

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misfeasance in office after being given a written statement of the charges against him or her and

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sufficient opportunity to be heard on the charges. The board shall elect director of the department

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of health shall appoint from its the members a chairperson who shall be a dentist duly licensed

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under the laws of the state of Rhode Island, and a vice-chairperson who shall in the absence of the

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chairperson exercise all powers of the chairperson, and secretary, who serve for one year or until

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their successors are appointed and qualified. The board shall meet at least once a month or more

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often upon the call of the chairperson, director of health or dental administrator, at any times and

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places that the chairperson designates.

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      (c) Members of the board shall not be paid for the discharge of official duties.

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      (d) The administration of the board shall be funded from annual fees. The director shall

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in consultation with the board determine the amount of the annual fee to be charged to each

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licensed dentist and dental hygienist, the payment of which is a condition to practicing dentistry

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or dental hygiene in the state. The director or the dental administrator has the authority to suspend

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or revoke the license of any dentist or dental hygienist who does not pay the annual fee. Monies

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shall be received by the department and deposited in the general fund as general revenues.

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     SECTION 2. Section 5-31.1-30 of the General Laws in Chapter 5-31.1 entitled "Dentists

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and Dental Hygienists" is hereby amended to read as follows:

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     5-31.1-30. Licensure required -- Dental assistants excepted. -- No person shall

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perform any act, which constitutes the practice of dentistry in this state, unless that person is

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licensed under the provisions of this chapter as a dentist or a dental hygienist, or unless that

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person performs limited auxiliary dental services, procedures, and duties as a dental assistant as

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provided by this chapter. The board of examiners in dentistry shall develop rules and procedures

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to implement a listing of all dental assistants practicing in the state.

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     SECTION 3. This act shall take effect upon passage.

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LC01492/SUB B

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- DENTISTS AND DENTAL

HYGIENISTS

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     This act would change the composition of the Rhode Island Board of Examiners in

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Dentistry. It would also mandate that the board of examiners develop rules and procedures to

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implement a listing of all dental assistants practicing in the state.

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     This act would take effect upon passage.

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LC01492/SUB B

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