Chapter 095

2014 -- S 2347 SUBSTITUTE A AS AMENDED

Enacted 06/16/14

 

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- DENTISTS AND DENTAL HYGIENISTS

Introduced By: Senators Lynch, Conley, Ottiano, Jabour, and Sosnowski

Date Introduced: February 12, 2014

 

It is enacted by the General Assembly as follows:

 

SECTION 1. Sections 5-31.1-1, 5-31.1-2, 5-31.1-3, 5-31.1-4, 5-31.1-6, 5-31.1-7, 5-31.1-8, 5-31.1-9, 5-31.1-10, 5-31.1-11, 5-31.1-17, 5-31.1-18, 5-31.1-19, 5-31.1-20, 5-31.1-21 and 5-31.1-31 of the General Laws in Chapter 5-31.1 entitled "Dentists and Dental Hygienists" are hereby amended to read as follows:

5-31.1-1. Definitions. -- As used in this chapter:

 (1) "Board" means the Rhode Island board of examiners in dentistry or any committee or subcommittee of the board.

 (2) "Chief of the division of oral health" means, the chief of the division of oral health of the Rhode Island department of health who is a licensed dentist possessing a masters degree in public health or a certificate in public health from an accredited program.

 (3) "Dental administrator" means the administrator of the Rhode Island board of examiners in dentistry.

 (4) "Dental hygienist" means a person with a license to practice dental hygiene in this state under the provisions of this chapter.

 (5) "Dentist" means a person with a license to practice dentistry in this state under the provisions of this chapter.

 (6) "Dentistry" is defined as the evaluation, diagnosis, prevention, and/or treatment (non-surgical, surgical, or related procedures) of diseases, disorders, and/or conditions of the oral cavity, cranio-maxillofacial area, and/or the adjacent and associated structures and their impact on the human body, provided by a dentist, within the scope of his or her education, training, and experience, in accordance with the ethics of the profession and applicable law.

 (7) "Department" means the Rhode Island department of health.

(7.1) "Direct visual supervision" means supervision by an oral and maxillofacial surgeon (with a permit to administer deep sedation and general anesthesia) by verbal command and under direct line of sight.

 (8) "Director" means the director of the Rhode Island department of health.

 (9) "Health care facility" means any institutional health service provider licensed pursuant to the provisions of chapter 17 of title 23.

 (10) "Health maintenance organization" means a public or private organization licensed pursuant to the provisions of chapter 17 of title 23 or chapter 41 of title 27.

 (11) "Limited registrant" means a person holding a limited registration certificate pursuant to the provisions of this chapter.

 (12) "Nonprofit medical services corporation" or "nonprofit hospital service corporation" or "nonprofit dental service corporation" means any corporation organized pursuant to chapter 19 or 20 of title 27 for the purpose of establishing, maintaining and operating a nonprofit medical, hospital, or dental service plan.

 (13) "Peer review board" means any committee of a state, local, dental or dental hygiene, association or society, or a committee of any licensed health care facility, or the dental staff of the committee, or any committee of a dental care foundation or health maintenance organization, or any staff committee or consultant of a hospital, medical, or dental service corporation, the function of which, or one of the functions of which, is to evaluate and improve the quality of dental care rendered by providers of dental care service or to determine that dental care services rendered were professionally indicated or were performed in compliance with the applicable standard of care or that the cost for dental care rendered was considered reasonable by the providers of professional dental care services in the area and includes a committee functioning as a utilization review committee under the provisions of P.L. 89-97, 42 U.S.C. section 1395 et. seq., (Medicare law) or as a professional standards review organization or statewide professional standards review council under the provisions of P.L. 92-603, 42 U.S.C. section 1301 et seq., (professional standards review organizations) or a similar committee or a committee of similar purpose, to evaluate or review the diagnosis or treatment of the performance or rendition of dental services which are performed under public dental programs of either state or federal design.

 (14) "Person" means any individual, partnership, firm, corporation, association, trust or estate, state or political subdivision, or instrumentality of a state.

 (15) "Practice of dental hygiene." Any person is practicing dental hygiene within the meaning of this chapter who performs those services and procedures that a dental hygienist has been educated to perform and which services and procedures are, from time to time, specifically authorized by rules and regulations adopted by the board of examiners in dentistry. Nothing in this section is construed to authorize a licensed dental hygienist to perform the following: diagnosis and treatment planning, surgical procedures on hard or soft tissue, prescribe medication or administer general anesthesia or injectables other than oral local anesthesia. A dental hygienist is only permitted to practice dental hygiene under the general supervision of a dentist licensed and registered in this state under the provisions of this chapter.

 (A) Provided, that in order to administer local injectable anesthesia to dental patients, dental hygienists must be under the supervision of a dentist and meet the requirements established by regulation of the board of examiners in dentistry including payment of a permit fee.

 (16) (i) (A) "Practice of dentistry." Any person is practicing dentistry within the meaning of this chapter who:

 (I) Uses or permits to be used, directly or indirectly, for profit or otherwise, for himself, herself, or for any other person, in connection with his or her name, the word "dentist" or "dental surgeon,", or the title "D.D.S." or "D.M.D.", or any other words, letters, titles, or descriptive matter, personal or not, which that directly or indirectly implies the practice of dentistry;

 (II) Owns, leases, maintains, operates a dental business in any office or other room or rooms where dental operations are performed, or directly or indirectly is manager, proprietor or conductor of this business;

 (III) Directly or indirectly informs the public in any language, orally, in writing, or in printing, or by drawings, demonstrations, specimens, signs, or pictures that he or she can perform or will attempt to perform, dental operations of any kind;

 (IV) Undertakes, by any means or method, gratuitously, or for a salary, fee, money, or other reward paid or granted directly or indirectly to himself or herself, or to any other person, to diagnose or profess to diagnose, or to treat or profess to treat, or to prescribe for, or profess to prescribe for, any of the lesions, diseases, disorders, or deficiencies of the human oral cavity, teeth, gums, maxilla or mandible, and/or adjacent associated structures;

 (V) Extracts human teeth, corrects malpositions of the teeth or of the jaws;

 (VI) Except on the written prescription of a licensed dentist and by the use of impressions or casts made by a 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;

 (VII) Places those substitutes in the mouth and/or adjusts them;

 (VIII) Administers an anesthetic, either general or local, in the course of any of the previously stated dental procedures; or

 (IX) Engages in any of the practices included in the curricula of recognized dental colleges;

 (B) Provided, that in order to administer any form of anesthesia, other than local, dentists must meet the requirements established by regulation of the board of examiners in dentistry, including training in advanced cardiac life support and pediatric advanced life support, and payment of a permit fee.

 (ii) The board shall promulgate regulations relating to anesthesia. Those regulations shall be consistent with the American Dental Association guidelines for the use of conscious sedation, deep sedation, and general anesthesia in dentistry. Neither the board, nor any regulation promulgated by the board, shall require additional licensing fees for the use of nitrous oxide by dentists. Prior to the adoption of those regulations, dentists shall be permitted to administer anesthesia without restriction. From the proceeds of any fees collected pursuant to the provisions of this chapter, there is created a restricted receipts account which that is used solely to pay for the administrative expenses incurred for expenses of administrating this chapter.

 (iii) No non-dentist who operates a dental facility in the form of a licensed outpatient health care center or management service organization may interfere with the professional judgment of a dentist in the practice.

(17) "Direct visual supervision" means supervision by an oral and maxillofacial surgeon (with a permit to administer deep sedation and general anesthesia) by verbal command and under direct line of sight.

5-31.1-2. Board of examiners in dentistry -- Members -- Compensation -- Funds. -- (a) There is created within the department of health the Rhode Island board of examiners in dentistry, which is composed of the following members:

 (1) Eight (8) licensed dentists, no more than three (3) shall be dental specialists as recognized by the American Dental Association (ADA);

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

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

 (4) The chief of the office of dental public health, who shall serve as an ex-officio member of the board; and

 (5) One certified dental assistant.

 (b) The governor shall appoint the members of the board, except that prior to appointing the eight (8) dentist members, the governor may submit a list of all candidates to the appropriate dental societies for comments as to their qualifications. No member shall be appointed for more than two (2) consecutive full terms. A member appointed for less than a full term (originally or to fill a vacancy) may serve two (2) full terms in addition to that part of a full term, and a former member is again eligible for appointment after a lapse of one or more years. All subsequent appointments to the board shall be for a term of three (3) years. Any member of the board may be removed by the governor for neglect of duty, misconduct, malfeasance, or misfeasance in office after being given a written statement of the charges against him or her and sufficient opportunity to be heard on the charges. The director of the department of health shall appoint from the members a chairperson who shall be a dentist duly licensed under the laws of the state of Rhode Island, and a vice-chairperson who shall in the absence of the chairperson exercise all powers of the chairperson, and secretary, who serve for one year or until their successors are appointed and qualified. The board shall meet at least once a month or more often upon the call of the chairperson, director of health or dental administrator, at any times and places that the chairperson designates.

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

 (d) The administration of the board shall be funded from annual fees. The director shall in consultation with the board determine the amount of the annual fee to be charged to each licensed dentist and dental hygienist, the payment of which is a condition to practicing dentistry or dental hygiene in the state. The director or the dental administrator has the authority to suspend or revoke the license of any dentist or dental hygienist who does not pay the annual fee. Monies shall be received by the department and deposited in the general fund as general revenues.

5-31.1-3. Examining committees. -- (a) The chairperson shall appoint two (2) licensed dentist members of the board and one public member to serve as an examining committee for applicants applying for licensure as dentists. The examining committee for dentists shall recommend to the full board, who which shall recommend to the director, applicants for licensure to practice dentistry who meet all the requirements for licensure prescribed in this chapter, and other applicable sections and regulations adopted under this chapter.

 (b) The chairperson shall also appoint three (3) members of the board, one of whom is a licensed dentist, one of whom is a public member, and one of whom is a licensed dental hygienist, to serve as an examining committee for applicants applying for licensure as dental hygienists. The examining committee for dental hygienists shall recommend to the full board, who which shall recommend to the director, applicants for licensure to practice dental hygiene who meet the requirements for licensure prescribed in this chapter, other applicable sections, and the regulations adopted under this chapter.

 (c) The members of the examining committees shall serve for a term of one year and may be reappointed.

(d) The chairperson shall also appoint three (3) members of the board, one of whom is a licensed dentist, one of whom is a public member, and one of whom is a certified dental assistant, to serve as an examining committee for applicants applying for licensure as Dental Anesthesia Assistance National Certification Examination (DAANCE) certified maxillofacial surgery assistants. The examining committee for DAANCE certified maxillofacial surgery assistants shall recommend to the full board, which shall recommend to the director, applicants for licensure to practice as DAANCE certified maxillofacial surgery assistants who meet the requirements for licensure prescribed in this chapter, other applicable sections, and the regulations adopted under this chapter.

5-31.1-4. Powers and duties of the board of examiners in dentistry. -- The board of examiners in dentistry has the following duties and powers:

 (1) To adopt, amend, and rescind any rules and regulations, with the approval of the director of the department of health, that it deems necessary to carry out the provisions of this chapter;

 (2) To investigate all complaints and charges of unprofessional conduct against any licensed dentist, dental hygienist, DAANCE-certified maxillofacial surgery assistant, or limited registrant and to hold hearings to determine whether those charges are substantiated or unsubstantiated;

 (3) To direct the director of the department of health to license qualified applicants for licensure;

 (4) To appoint one or more dentists or dental hygienists or certified dental assistant to act for the members of the board in investigating the conduct or competence of any licensed dentist, dental hygienist, DAANCE-certified maxillofacial surgery assistant, or limited registrant;

 (5) To direct the director to revoke, suspend, or impose other disciplinary action as to persons licensed or registered under this chapter;

 (6)(i) To issue subpoenas and administer oaths in connection with any investigations, hearing, or disciplinary proceedings held under the authority of this chapter;

(ii) All subpoenas issued pursuant to this section shall only be issued by a vote of either the investigative committee or the full board of examiners in dentistry:

(A) All subpoenas issued by the board, or the investigative committee shall be served by a disinterested party or by a constable authorized by the courts to serve process;

(B) Subpoenas issued by either the investigative committee or the full board of examiners in dentistry shall have a reasonable return date that will allow the recipient an opportunity to review the subpoena, consult with counsel, and prepare a response to the subpoena; and

(C) All subpoenas shall be in compliance with the Rhode Island healthcare confidentiality act.

 (7) To take or cause depositions to be taken as needed in any investigation, hearing, or proceeding;

 (8) To summon and examine witnesses during any investigation, hearing, or proceeding conducted by the board; and

 (9) To adopt and publish, with the prior approval of the director, rules of procedure and other regulations in accordance with the Administrative Procedure Act, chapter 35 of title 42.

5-31.1-6. License to practice -- Qualifications of applicants -- Fee -- Reexamination. -- (a) Authority to practice dentistry or dental hygiene under this chapter is by a license, issued by the director of the department of health, to any reputable dentist, or dental hygienist or DAANCE-certified maxillofacial surgery assistant who intends to practice dentistry, or dental hygiene or DAANCE-certified maxillofacial surgery assisting in this state, and who meets the requirements for licensure prescribed in this chapter and regulations established by the board or the director.

 (b) Applicants for licensure as dentists shall:

 (1) Present satisfactory evidence of graduation from a school of dentistry accredited by the American Dental Association Commission on Dental Accreditation, or its designated agency, and approved by the board;

 (2) Meet any other requirements that the board or director by regulation establishes; and

 (3) Pass in a satisfactory manner any examinations that the board requires.

 (c) Applicants for licensure as dental hygienists shall:

 (1) Present satisfactory evidence of graduation from a school for dental hygiene accredited by the American Dental Association Commission on Dental Auxiliary Accreditation or its designated agency and approved by the board;

 (2) Meet any other requirements that the board or director by regulation establishes; and

 (3) Pass in a satisfactory manner any examination that the board requires.

 (d) Any dentist and any dental hygienist or DAANCE-certified maxillofacial surgery assistant applying for licensure shall pay an application fee as set forth in section §23-1-54. Application fees shall in no case be returned. Applicants requiring reexamination for dentistry, and for dental hygiene or for DAANCE-certified maxillofacial surgery assisting shall submit fees as set forth in section §23-1-54 for each reexamination.

 (e) (1) Notwithstanding any other provision of law, the board of dental examiners may issue a special license to qualifying dentists and dental hygienists under the terms and conditions set forth in this section and pursuant to requirements which that may be set forth in the rules and regulations of the board. The special license may only be issued to a person who is retired from the practice of dentistry or dental hygiene and not currently engaged in such practice either full-time or part-time and has, prior to retirement, maintained full licensure in good standing in dentistry or dental hygiene in any state.

(f) Applicants for licensure as certified maxillofacial surgical assistants shall:

(1) Present satisfactory evidence of completion of the DAANCE oral surgery assistant training course prepared and administered by the American Association of Oral and Maxillofacial Surgeons or its designated agency and approved by the board;

(2) Meet any other requirements that the board or director by regulation establishes;

(3) Pass, in a satisfactory manner, any examination that the board requires; and

(4) Complete a board of examiners in dentistry-approved advanced cardiac life support course and current certification.

(2) The special licensee shall be permitted to practice dentistry or dental hygiene only in the non-compensated employ of public agencies or institutions, not-for-profit agencies, not-for-profit institutions, nonprofit corporations, or not-for-profit associations which that provide dentistry or dental hygiene services only to indigent patients in areas which are underserved by dentists or dental hygienists or critical need population areas of the state.

 (3) The person applying for the special license under this section shall submit to the board a notarized statement from the employing agency, institution, corporation, association, or health care program, on a form prescribed by the board, whereby he or she agrees unequivocally not to receive compensation for any dentistry or dental hygiene services he or she may render while in possession of the special license.

 (4) Any application fees and all licensure and renewal fees shall be waived for the holder of the special license under this section.

 (5) A dentist or dental hygienist licensed pursuant to this section shall comply with the continuing education requirements established by the board of dental examiners in this state.

(f) Applicants for licensure as certified maxillofacial surgical assistants shall:

(1) Present satisfactory evidence of completion of the DAANCE oral surgery assistant training course prepared and administered by the American Association of Oral and Maxillofacial Surgeons or its designated agency and approved by the board;

(2) Meet any other requirements that the board or director by regulation establishes;

(3) Pass, in a satisfactory manner, any examination that the board requires; and

(4) Complete a board of examiners in dentistry-approved advanced cardiac life support course and current certification.

5-31.1-7. Recertification -- Continuing dental education. -- (a) Effective beginning in the calendar year 2006, every dentist, or dental hygienist, or DAANCE-certified maxillofacial surgery assistant licensed to practice within this state, on or before the first day of May in each even numbered year, shall apply to the Rhode Island board of examiners in dentistry for a biennial license with the board. The applicant shall include satisfactory evidence to the board of examiners in dentistry that, in the preceding two years, the practitioner has completed a prescribed course of continuing dental or dental hygiene education established by the appropriate dental or dental hygiene association and approved by rule or regulation of the director or by the board of examiners in dentistry. If the applicant submits satisfactory evidence to the board that he or she has completed a prescribed course of continuing dental education, or dental hygiene, or DAANCE-certified maxillofacial surgery assisting education and has complied with the provisions of section §5-31.1-6, the board shall issue the applicant a license registration for a two-year (2) period commencing on July 1. The board may extend for only one six-(6) month (6) period those educational requirements if the board is satisfied that the applicant has suffered hardship, which that prevented meeting the educational requirement. No license to practice dentistry or dental hygiene in this state shall be refused, nor any license suspended or revoked, except as:

 (1) Provided for in this chapter; and

 (2) For failure to provide satisfactory evidence of continuing dental, or dental hygiene, or DAANCE-certified maxillofacial surgery assisting education as provided for in this section.

 (b) Licensees shall apply for recertification by submitting evidence of continuing dental, or dental hygiene, or DAANCE-certified maxillofacial surgery assisting education on a biennial basis. Application for biennial registration shall continue as provided in this section and section §5-31.1-21.

5-31.1-8. Refusal of licensure. -- (a) The director, upon recommendation from the board, after notice and hearing in accordance with the procedures prescribed in this chapter, shall refuse to grant the original license provided for in this chapter to any dentist, dental hygienist, DAANCE-certified maxillofacial surgery assistant, and/or applicant who is not of good moral character,; who does not meet the requirements for licensure prescribed in this chapter and regulations established by the board or director,; who has violated any law involving moral turpitude or affecting the ability of any dentist, dental hygienist, DAANCE-certified maxillofacial surgery assistant, and/or applicant to practice dentistry, or dental hygiene, or DAANCE-certified maxillofacial surgery assisting; or who has been found guilty in another state of conduct which that if committed in Rhode Island, would constitute unprofessional conduct as defined in section §5-31.1-10 and regulations adopted under these chapters.

 (b) The director shall serve a copy of his or her decision or ruling upon any person whose original certificate has been refused.

5-31.1-9. Immunity from suit. -- (a) The director of the department of health, dental administrator, board members, their agents or their employees are immune from suit in any action, civil or criminal, based upon any disciplinary proceeding or other official act performed in good faith in the course of their duties under this chapter. There is no civil liability on the part of, or cause of action of any nature against, the board, director, dental administrator, their agents, or their employees or against any organization or its members, peer-review board or its members, or other witnesses and parties to board proceedings for any statements made by them in any reports, communications, or testimony concerning an investigation of the conduct or competence of a licensed dentist, dental hygienist, or limited registrant.

 (b) No licensed health care provider, dentist, dental hygienist, DAANCE-certified maxillofacial surgery assistant or limited registrant shall discharge, threaten, or discriminate against an employee, staff member, or any other person for making a report to, giving testimony to, or providing any other communication to the board of examiners in dentistry, a peer-review organization, or any appropriate supervisory personnel concerning the unprofessional conduct or incompetence or negligence of a dentist, dental hygienist, DAANCE-certified maxillofacial surgery assistant, or limited registrant; provided, that the report, testimony or other communication was made in good faith.

5-31.1-10. Unprofessional conduct. -- The term "unprofessional conduct" as used in this chapter includes, but is not limited to, the following items or any combination of them and may be defined by regulations established by the board with the approval of the director:

 (1) Fraudulent or deceptive procuring or use of a license or limited registration;

 (2) All advertising of dental, or dental hygiene, or DAANCE-certified maxillofacial surgery assisting business which is intended, or has a tendency, to deceive the public or a dentist advertising as a specialty in an area of dentistry unless the dentist:

 (i) Is a diplomat of or a fellow in a specialty board accredited or recognized by the American Dental Association; or

 (ii) Has completed a post-graduate program approved by the Commission on Dental Accreditation of the American Dental Association;

 (3) Conviction of a crime involving moral turpitude; conviction of a felony; conviction of a crime arising out of the practice of dentistry, or of dental hygiene or DAANCE-certified maxillofacial surgery assisting;

 (4) Abandonment of patient;

 (5) Dependence upon controlled substances, habitual drunkenness or rendering professional services to a patient while the dentist, or dental hygienist, DAANCE-certified maxillofacial surgery assisting, or limited registrant is intoxicated or incapacitated by the use of drugs;

 (6) Promotion by a dentist, dental hygienist, DAANCE-certified maxillofacial surgery assistant, or limited registrant of the sale of drugs, devices, appliances, or goods or services provided for a patient in a manner as to exploit the patient for the financial gain of the dentist, dental hygienist, or DAANCE-certified maxillofacial surgery assistant limited registrant;

 (7) Immoral conduct of a dentist, dental hygienist, DAANCE-certified maxillofacial surgery assistant, or limited registrant in the practice of dentistry, or dental hygiene, or DAANCE-certified maxillofacial surgery assisting;

 (8) Willfully making and filing false reports or records in the practice of dentistry or dental hygiene;

 (9) Willful omission to file or record, or willfully impeding or obstructing a filing or recording, or inducing another person to omit to file or record dental or other reports as required by law;

 (10) Failure to furnish details of a patient's dental record to succeeding dentists, or dental care facility upon proper request pursuant to this chapter;

 (11) Solicitation of professional patronage by agents or persons or profiting from acts of those representing themselves to be agents of the licensed dentist, dental hygienist, or limited registrant;

 (12) Division of fees, or agreeing to split or divide the fees, received for professional services for any person for bringing to or referring a patient;

 (13) Agreeing with clinical or bio-analytical laboratories to accept payments from those laboratories for individual tests or test series for patients, or agreeing with dental laboratories to accept payment from those laboratories for work referred;

 (14) Willful misrepresentation in treatments;

 (15) Practicing dentistry with an unlicensed dentist or practicing dental hygiene with an unlicensed dental hygienist or practicing DAANCE-certified maxillofacial surgery assisting with an unlicensed DAANCE-certified maxillofacial surgery assistant, except in an accredited training program, or with a dental assistant in accordance with the rules and regulations of the board or aiding or abetting those unlicensed persons in the practice of dentistry or dental hygiene;

 (16) Gross and willful overcharging for professional services, including filing of false statements for collection of fees for which services are not rendered, or willfully making or assisting in making a false claim or deceptive claim or misrepresenting a material fact for use in determining rights to dental care or other benefits;

 (17) Offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine;

 (18) Professional or mental incompetence;

 (19) Incompetent, negligent, or willful misconduct in the practice of dentistry, or dental hygiene, or DAANCE-certified maxillofacial surgery assisting, which includes including the rendering of unnecessary dental services and any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing dental, or dental hygiene or DAANCE-certified maxillofacial surgery assisting practice in his or her area of expertise as is determined by the board. The board does not need to establish actual injury to the patient in order to adjudge a dentist, dental hygienist, DAANCE-certified maxillofacial surgery assistant or limited registrant guilty of the previously named misconduct;

 (20) Failure to comply with the provisions of chapter 4.7 of title 23;

 (21) Revocation, suspension, surrender, or limitation of privilege based on quality of care provided or any other disciplinary action against a license to practice dentistry, or dental hygiene, or DAANCE-certified maxillofacial surgery assisting in another state or jurisdiction, or revocation, suspension, surrender, or other disciplinary action as to membership on any dental staff or in any dental or professional association or society for conduct similar to acts or conduct which that would constitute grounds for action as prescribed in this chapter;

 (22) Any adverse judgment, settlement, or award arising from a dental-liability claim related to acts or conduct similar to acts or conduct which that would constitute grounds for action as defined in this chapter or regulations adopted under this chapter;

 (23) Failure to furnish the board, its dental administrator, investigator, or representatives, information legally requested by the board;

 (24) Violation of any provision or provisions of this chapter or the rules and regulations of the board or any rules and regulations promulgated by the director or of an action, stipulation, or agreement of the board;

 (25) Cheating on or attempting to subvert the licensing examination;

 (26) Violating any state or federal law or regulation relating to controlled substances;

 (27) Failure to maintain standards established by peer-review boards, including, but not limited to, standards related to proper utilization of services, and use of non-accepted procedure and/or quality of care;

 (28) Malpractice as defined in section §5-37-1(8).

 (29) No person licensed to practice dentistry in the state of Rhode Island may permit a non-dentist who operates a dental facility in the form of a licensed out patient health care center or management service organization to interfere with the professional judgment of the dentist in the practice.

5-31.1-11. Complaints. – (a) Any person, firm, corporation, or public officer may submit a written complaint to the board charging the holder of a license to practice dentistry or dental hygiene or a limited registrant with unprofessional conduct, specifying the grounds for the charge.

(b) The board shall review all complaints and, in those instances where no referral is made to an investigating committee, the board of examiners in dentistry shall make a written finding of facts with regard to the complaint. In conducting an investigation of such complaints that requires an inspection of a dental office:

(1) Either the investigative committee or the full board of examiners in dentistry shall make such finding and it must be evidenced by recorded minutes showing the vote to conduct an inspection;

 (2) The scope and manner of conducting any such inspection shall be reasonably related to the written complaint received. Any dentist(s) whose practice is the subject of such inspection shall be provided by either the investigative committee or the full board with a copy of the complaint or a written summary of all pertinent allegations prior to or at the commencement of the inspection;

(3) At the conclusion of the inspection and prior to leaving the dental office premises the board inspectors shall provide the dentist whose office has been inspected with a copy of the completed inspection form, noting areas of deficiency or follow-up;

(4) Unless there is a real potential of imminent, unreasonable harm to patients or staff, the dentist shall have ten (10) days to remedy any deficiencies found during the inspection; and

(5) All inspections shall be carried out so as not to interfere with direct patient care.

(c) All complaints considered by the board or an investigating committee of the board shall be reported within six (6) months of the receipt of the complaint unless the board on a case-by-case basis, for good cause shown, in writing, extends the time for consideration; provided, that failure to report does not divest the board of its jurisdiction to pursue the rights and remedies established in this chapter.

(d) If the board determines that the complaint merits consideration, or if the board, on its own initiative without a formal complaint, has reason to believe that any holder of a license or limited registration to practice dentistry or of a license to practice dental hygiene or of a license to practice DAANCE-certified maxillofacial surgery assisting may be guilty of unprofessional conduct, the chairperson shall designate no less than two (2) members of the board, at least one of whom is a public member, to serve as a committee to investigate, and report upon the charges to the board.

If the complaint relates to a dentist, one member of the committee shall be licensed as a dentist. If the complaint relates to a dental hygienist, one member of the committee shall be licensed as a dental hygienist. If the complaint relates to a DAANCE-certified maxillofacial surgery assistant, one member of the committee shall be licensed as a dental hygienist or certified dental assistant.

(e) Investigations shall remain confidential and all initial hearings, investigatory hearings, and full hearings before the board shall remain confidential.

 (f) In the event that a hearing takes place before the hearing committee of the board, all decisions of the board shall present conclusions of fact and conclusions of law applicable to the decision, which that it has rendered.

(g) The board shall make public all decisions, including findings of fact and conclusions of law, which that call for any sanction against a license holder as prescribed in section §5-31.1-17.

(h) Following the investigation, the committee shall present its evaluations and recommendations to the board.

(i) The board shall review the committee's findings to determine whether to take further action, but no member of the board who participated in the investigation may participate in this review or any subsequent hearing or action taken by the board. The hearing committee shall consist of the remaining members of the board. Four (4) members of the hearing committee constitute a quorum for the transaction of business. The chairperson of the board shall preside over the hearing.

5-31.1-17. Sanctions. -- If the accused is found guilty of unprofessional conduct as defined in section §5-31.1-10, the director, at the direction of the board, shall impose one or more of the following conditions:

 (1) Administer a reprimand;

 (2) Suspend, limit, or restrict his or her license or limited registration to practice dentistry or license to practice dental hygiene or license to practice DAANCE-certified maxillofacial surgery assisting;

 (3) Require him or her to serve a period of probation subject to certain conditions and requirements including, where appropriate, sanctions or restitution;

 (4) Revoke, indefinitely, his or her license or limited registration to practice dentistry or a license to practice dental hygiene or license to practice DAANCE-certified maxillofacial surgery assisting;

 (5) Require him or her to submit to the care, counseling, or treatment of a physician or program acceptable to the board;

 (6) Require him or her to participate in a program of continuing dental, or dental hygiene, or DAANCE-certified maxillofacial surgery assisting education the area or areas in which he or she has been judged deficient;

 (7) Require him or her to practice under the direction of a dentist in a public institution, public, or private health care program, or private practice for a period of time specified by the board;

 (8) Assess against the dentist, or dental hygienist or DAANCE-certified maxillofacial surgery assistant the administrative costs of the proceedings instituted against the dentist, or dental hygienist or DAANCE-certified maxillofacial surgery assisting under this chapter; provided, that the assessment does not exceed ten thousand dollars ($10,000); or

 (9) Any other condition, conditions, or restrictions deemed appropriate under the circumstances.

5-31.1-18. Appeal from the decision of the director of the department of health. -- (a) Any person whose license or limited registration to practice dentistry or license to practice dental hygiene or license to practice DAANCE-certified maxillofacial surgery assisting has been revoked or suspended by the board and/or director or is aggrieved by the decision of the board and/or director shall have the right of judicial review of the board's and director's decision. That review is initiated by serving on the director a notice of appeal and filing this notice of appeal with a complaint in accordance with the Rules of Civil Procedure in the superior court within thirty (30) days after the decision of the director.

 (b) The director shall, within twenty (20) days after the service of the notice of appeal, transmit to the clerk of the superior court to which the appeal is taken a transcript of the record of the board, certified under the seal of the board, together with a certified copy of the board's written findings, all of which is admissible as evidence.

 (c) The findings of the board and/or director are final and conclusive, subject to review in the superior court pursuant to the Administrative Procedures Act, chapter 35 of title 42. Any appeal taken to the superior court has precedence on the calendar, is considered an emergency matter and, when practicable, shall be heard in any event not later than thirty (30) days from the date of appeal. There is no stay pending this appeal of any sanction imposed by the director unless it is determined that the matter cannot be placed on the court's docket within the specified time. Except as provided in this chapter, appeals follow the procedures stated set forth in the Administrative Procedures Act, chapter 35 of title 42.

5-31.1-19. Grounds for discipline without hearing. -- The director may, temporarily, suspend the license of a dentist, or dental hygienist, DAANCE-certified maxillofacial surgery assistant, or limited registrant without a hearing if the director finds that evidence in his or her possession indicates that a dentist, or dental hygienist, DAANCE-certified maxillofacial surgery assistant, or limited registrant continuing in practice would constitute an immediate danger to the public. In the event that the director temporarily suspends the license of a dentist, or dental hygienist, DAANCE-certified maxillofacial surgery assistant, or limited registrant without a hearing, a hearing by the board must be held within ten (10) days after the suspension has occurred.

5-31.1-20. Reports relating to professional conduct and capacity -- Regulations -- Confidentiality -- Immunity. -- (a) The board, with the approval of the director, may adopt regulations requiring any person, including, but not limited to, corporations, health care facilities, health maintenance organizations, organizations, and federal, state, or local governmental agencies, or peer review boards to report to the board any conviction, determination, or finding that a licensed dentist, or dental hygienist, or DAANCE-certified maxillofacial surgery assistant has committed unprofessional conduct as defined by section §5-31.1-10, or to report information which that indicates that a licensed dentist, or dental hygienist, or DAANCE-certified maxillofacial surgery assistant may not be able to practice dentistry, or dental hygiene or DAANCE-certified maxillofacial surgery assisting with reasonable skill and safety to patients as the result of any mental or physical condition. The regulations include the reporting requirements prescribed in subdivisions (b)(1), (2), and (3) of this section.

 (b) The following reports, in writing, shall be filed with the board:

 (1) Every insurer providing professional liability insurance to a dentist, or dental hygienist, or DAANCE-certified maxillofacial surgery assistant licensed under the provisions of this chapter must send a complete report to the board as to any formal notice of any claim, settlement of any claim or cause of actions, or final judgment rendered in any cause of action for damages for death or personal injury caused by a dentist's, or dental hygienist's, or DAANCE-certified maxillofacial surgery assistant's negligence, error, or omission in practice or his or her rendering of unauthorized professional services. This report shall be sent within thirty (30) days after service of the complaint or notice, settlement, judgment, or arbitration award on the parties. All of those reports shall present an in-depth, factual summary of the claim in question.

 (2) All hospital and licensed health care facilities including, but not limited to, nursing homes and health maintenance organizations and the director of the department of health must report to the board, within thirty (30) days of the action, any action, disciplinary or otherwise, taken for any reason, which that limits, suspends, or revokes a dentist's or dental hygienist's privilege to practice or requires supervision of a dentist, either through formal action by the institution or faculty or through any voluntary agreement with the dentist.

 (3) Within ten (10) days after a judgment by a court of this state that a dentist or dental hygienist licensed under the provisions of this chapter has been convicted of a crime or is civilly liable for any death or personal injury caused by his or her negligence, error, or omission in his or her practice or his or her rendering unauthorized professional services, the clerk of the court which that rendered the judgment shall report the judgment to the board.

 (c) The board shall report any changes of privileges of which it is aware to the board of trustees or other appropriate body of all licensed hospitals and health maintenance organizations within thirty (30) days.

 (d) The contents of any report file are confidential and exempt from public disclosure, except that it may be reviewed:

 (1) By the licensee involved, or his or her counsel or authorized representative, who may submit any additional exculpatory or explanatory statements or other information, which statements or other information are included in the file; or

 (2) By the dental administrator, a representative of the board, or an investigator for the board, who has been assigned to review the activities of a licensed dentist, or dental hygienist or DAANCE-certified maxillofacial surgery assistant.

 (e) Upon determination that a report is without merit, the board's records may be purged of information relating to the report.

 (f) If any person refuses to furnish a required report, the board may petition the superior court of any county in which that person resides or is found, and the superior court shall issue to the court's person an order to furnish the required report. Any failure to comply with that order constitutes civil contempt.

 (g) Every individual, dental association, dental society, dental hygiene association, dental auxiliary association hospital, health care facility, health maintenance organizations, peer review board, dental service bureau, health insurance carrier or agent, professional standards review organization, and the agency of the federal, state, or local government is immune from civil liability, whether direct or derivative, for providing information to the board in good faith pursuant to this statute or the regulations outlined in subsection (a) of this section or requirements of subsection (b) of this section.

 (h) Nondisclosure agreements are prohibited insofar as they forbid parties from making reports regarding competency and/or unprofessional conduct to the board of examiners in dentistry.

 (i) The board of examiners in dentistry, with the approval of the director, shall promulgate rules and regulations establishing standards for hospital or health maintenance organization supervision of dentists or dental hygienists by peer-review committees. Those regulations, including without limiting their generality, shall require that each hospital or health maintenance organization report annually to the board the activities findings, studies, and determination of its peer-review committees.

5-31.1-21. Biennial registration. -- (a) Effective beginning in the calendar year 2006, on or before the first day of May in each even-numbered year, the board shall mail an application for biennial registration to every person to whom a license to practice dentistry, or dental hygiene, or DAANCE-certified maxillofacial surgery assisting in this state has been granted by the constituted licensing authority in the state. Every licensed person who intends to engage in the practice of his or her profession during the ensuing two (2) years shall register his or her license by filing with the board that application, executed together with any registration form and fee that is established by regulation by the director, on or before the first day of June in each even-numbered year. Upon receipt of that application and fee, the board shall issue a registration certificate, effective July 1 and expiring two (2) years following June 30, and that registration certificate shall render its holder a registered practitioner of dentistry or dental hygiene for that registration period.

 (b) The registration certificate of all dentists, or dental hygienists, or DAANCE-certified maxillofacial surgery assistants whose renewals, accompanied by the prescribed fee, are not filed on or before the first day of July automatically expire. The board may, in its discretion and upon the payment by the dentist, or dental hygienist, or DAANCE-certified maxillofacial surgery assistant of the current registration fee, plus an additional fee as set forth in section §23-1-54, reinstate any certificate expired under the provisions of this section. All unexpended monies in the account of the board of dentistry are transferred to the new board of dentistry as created by this section as of June 2, 1988.

 (c) Dentists, and dental hygienists and DAANCE-certified maxillofacial surgery assistants not intending to practice in this state may request, on a biennial basis, to be placed on inactive status. Those requests must be made, in writing, to the dental administrator and must be accompanied by fees as set forth in section §23-1-54. Persons on inactive status may be reinstated by paying the current, annual-registration fee and must meet any requirements established by this chapter and as are further prescribed by the rules and regulations.

5-31.1-31. Dental assistant -- Definition -- Practices allowed. -- (a) As used in this chapter, a "dental assistant" is any person not licensed under the provisions of this chapter who performs dental services, procedures, or duties in aid of a licensed and registered dentist.

 (b) No dental assistant shall perform any service, procedure, or duty which that constitutes the practice of dentistry unless authorized by rules and regulations adopted by the board of examiners in dentistry, and unless that dental service, procedure, or duty is performed under the supervision of a dentist licensed and registered in this state. The board of examiners in dentistry shall establish any classification of dental assistants that are recognized by the American Dental Association, American Dental Assistants Association, and the American Association of Oral and Maxillofacial Surgeons, and to each class the board applies any of the rules and regulations permitted under this section that the board deems appropriate.

 (c) Nothing in this section is construed to authorize a dental assistant to perform the following: diagnosis and treatment planning, surgical procedures on hard or soft tissue, prescribe medication, or administer injectable and/or general anesthesia, except as set forth in subsection (d) of this section.

(d) An oral and maxillofacial surgeon holding a permit issued by the board for the administration of general anesthesia/deep sedation may employ and utilize the services of a DAANCE-certified maxillofacial surgery assistant in accordance with following criteria:

(1) Satisfactory evidence of completion of a DAANCE-certified maxillofacial surgery assistant training course prepared and administered by the American Association of Oral and Maxillofacial Surgeons and recertification in the DAANCE training program every five (5) years;

(2) Completion of a board of examiners in dentistry-approved advanced cardiac life support course and recertification in advanced cardiac life support every two (2) years;

(3) The valid general anesthesia permit by the oral and maxillofacial surgeon where the assistant will be performing his or her services;

(4) Direct supervision by an oral and maxillofacial surgeon holding a valid general anesthesia/deep sedation permit;

(5) The oral and maxillofacial surgeon shall remain immediately available in the facility for the patient, and the DAANCE certified maxillofacial surgery assistant for evaluation and treatment until the patient meets discharge criteria;

(6) The member of the surgical team who is assigned to monitoring the patient may not have any other responsibilities while monitoring the patient under general anesthesia/deep sedation;

(7) The licensed provider will be responsible for the patient’s recovery;

(8) Peri-operative monitoring consisting of at least continuous electrocardiogram, monitoring of blood pressure, pulse oximetry, and end tidal carbon dioxide consistent with published national standards adopted by the American Association of Oral and Maxillofacial Surgeons in conjunction with the American Society of Anesthesiologists;

(9) The conclusion of the peri-operative monitoring period shall be at the discretion of the licensed provider, using the modified Aldrete scale/scoring system. The patient may then be transferred to a discharge area and shall no longer require continuous monitoring.

(e) Authorized functions - Supervision. –

(1) Any DAANCE-certified maxillofacial surgery assistant meeting the criteria of this section shall perform the functions authorized in this chapter only by delegation of authority from the oral and maxillofacial surgeon and under the supervision, as described in subsection (e)(1) and (e)(2) of this section, and provided the oral and maxillofacial surgeon is acting within the scope of his or her license. The responsibility for monitoring a patient and determining the selection of the drug, dosage, and timing of all anesthetic medications rests solely with the oral and maxillofacial surgeon.

(2) Under direct supervision, the DAANCE-certified maxillofacial surgery assistant may:

(i) Discontinue an intravenous line for a patient who has received intravenous medications, sedation, or general anesthesia;

(ii) Adjust the rate of intravenous fluids infusion only to maintain or keep the line patent or open; and

(iii) Make medications readily available for review, inspection, and use by the oral and maxillofacial surgeon.

(3) Under direct visual supervision, the DAANCE-certified maxillofacial surgery assistant may:

(i) Follow instructions to prepare and assist in the administration of medications;

(ii) Adjust the rate of intravenous fluids infusion beyond a keep-open rate;

(iii) Adjust an electronic device to provide medications, such as an infusion pump; and

(iv) Assist with preparation/delivery/infusion/administration of emergency medications to a patient in order to assist the oral and maxillofacial surgeon in an emergency.

(4) Any oral and maxillofacial surgeon delegating duties under this section must have a valid general anesthesia/deep sedation permit.

SECTION 2. This act shall take effect upon passage.

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LC004113/SUB A/2
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