Session 2000
Effective: July 1, 2000
SENATE BILL No. 510
An Act concerning the dental practices act; relating to licenses; amending K.S.A. 65-1421,
      65-1422, 65-1428, 65-1430, 65-1433, 65-1435, 65-1441, 65-1457, 65-1458, 65-1459, 74-
      1406 and 74-1407 and K.S.A. 1999 Supp. 65-1423, 65-1424, 65-1431, 65-1447, 65-1455,
      65-1456 and 65-1466 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 65-1421 is hereby amended to read as follows: 65-
1421. It shall be unlawful for any person to practice dentistry or dental
hygiene in the state of Kansas, except:

      (a) Those who are now duly licensed and registered dentists, pursuant
to law;

      (b) those who are now duly licensed and registered dental hygienists,
pursuant to law;

      (c) those who may hereafter be duly licensed and registered as den-
tists or dental hygienists, pursuant to the provisions of this act.

      Sec.  2. K.S.A. 65-1422 is hereby amended to read as follows: 65-
1422. Any A person shall be deemed to be practicing dentistry:

      (a) Who performs, or attempts or professes to perform, any dental
operation or oral surgery or dental service of any kind, gratuitously or for
a salary, fee, money, or other remuneration paid, or to be paid directly
or indirectly, to himself such person or to any other person or agency who
is a proprietor of a place where dental operations, oral surgery, or dental
services are performed; or

      (b) who directly or indirectly, by any means or method, takes im-
pression of the human tooth, teeth, jaws, or performs any phase of any
operation incident to the replacement of a part of a tooth; or

      (c) who supplies artificial substitutes for the natural teeth, or who
furnishes, supplies, constructs, reproduces or repairs any prosthetic den-
ture, bridge, appliance, or any other structure to be worn in the human
mouth, except on the written prescription of a duly licensed and regis-
tered dentist; or

      (d) who places such appliance or structure in the human mouth, or
adjusts or attempts or professes to adjust the same, or delivers the same
to any person other than the dentist upon whose prescription the work
was performed; or

      (e) who professes to the public by any method to furnish, supply,
construct, reproduce, or repair any prosthetic denture, bridge, appliance,
or other structure to be worn in the human mouth,; or

      (f) who diagnoses, or professes to diagnose, prescribe for, or professes
to prescribe for, treats, or professes to treat, disease, pain, deformity,
deficiency, injury, or physical condition of the human teeth or jaws, or
adjacent structure,; or

      (g) who extracts, or attempts to extract, human teeth, or corrects or
attempts to correct, malformations of teeth or of the jaws; or

      (h) who repairs or fills cavities in the human teeth; or

      (i)  who diagnoses, makes and adjusts appliances to artificial casts or
malposed teeth for treatment of the malposed teeth in the human mouth,
with or without instruction; or

      (j) who uses a roentgen or x-ray machine for the purpose of taking
dental x-rays or roentgenograms,; or

      (k) who gives, or professes to give, interpretations or readings of den-
tal x-rays or roentgenograms; or

      (l) who administers an anesthetic of any nature in connection with a
dental operation,; or

      (m) who uses the words dentist, dental surgeon, oral surgeon, or the
letters D.D.S., D.M.D., or any other words, letters, title or descriptive
matter which in any way represents him oneself as being able to diagnose,
treat, prescribe or operate for any disease, pain, deformity, deficiency,
injury, or physical condition of the teeth or jaws or adjacent structures;
or

      (n) who states, or professes, or permits to be stated or professed by
any means or method whatsoever that he or she such person can perform
or will attempt to perform dental operations, or render a diagnosis con-
nected therewith.

      Sec.  3. K.S.A. 1999 Supp. 65-1423 is hereby amended to read as
follows: 65-1423. (a) Nothing in this act shall apply to the following prac-
tices, acts and operations:

      (a) (1) To the practice of a person licensed to practice medicine and
surgery under the laws of this state, unless such person practices dentistry
as a specialty; or

      (b) (2) to the performance by a licensed nurse of a task as part of the
administration of an anaesthetic for a dental operation under the direct
supervision of a licensed dentist or person licensed to practice medicine
and surgery so long as the anaesthetic given under the direct supervision
of a licensed dentist is consistent with the anaesthetic the dentist is au-
thorized to administer under K.S.A. 65-1444 and amendments thereto
and consistent with subsection (a) of K.S.A. 65-1162 and amendments
thereto and subsection (e) of K.S.A. 65-1163 and amendments thereto;

      (c) (3) to the giving by a registered nurse anesthetist of an anaesthetic
for a dental operation in an interdependent role as a member of a phy-
sician or dentist directed health care team;

      (d) (4) the practice of dentistry in the discharge of their official duties
by graduate dentists or dental surgeons in the United States army, navy,
air force, marines, public health service, coast guard or veterans' admin-
istration;

      (e) (5) the practice of dentistry by a licensed dentist of other states
or countries at meetings of the Kansas state dental association or com-
ponents thereof, or other like dental organizations approved by the board,
while appearing as clinicians;

      (f) (6) to the filling of prescriptions of a licensed and registered den-
tist as hereinafter provided by any person or persons, association, cor-
poration or other entity, for the construction, reproduction or repair of
prosthetic dentures, bridges, plates or appliances to be used or worn as
substitutes for natural teeth, provided that such person or persons, as-
sociations, corporation or other entity, shall not solicit or advertise, di-
rectly or indirectly by mail, card, newspaper, pamphlet, radio or other-
wise, to the general public to construct, reproduce or repair prosthetic
dentures, bridges, plates or other appliances to be used or worn as sub-
stitutes for natural teeth;

      (g) (7) to the use of roentgen or x-ray machines or other rays for
making radiograms or similar records, of dental or oral tissues under the
supervision of a licensed dentist or physician except that such service shall
not be advertised by any name whatever as an aid or inducement to secure
dental patronage, and no person shall advertise that such person has,
leases, owns or operates a roentgen or x-ray machine for the purpose of
making dental radiograms of the human teeth or tissues or the oral cavity,
or administering treatment thereto for any disease thereof;

      (h) (8) except as hereinafter limited to the performance of any dental
service of any kind by any person who is not licensed under this act, if
such service is performed under the supervision of a dentist licensed
under this act at the office of such licensed dentist except that such non-
licensed person shall not be allowed to perform or attempt to perform
the following dental operations or services:

      (1) (A) Any and all removal of or addition to the hard or soft tissue
of the oral cavity;

      (2) (B) any and all diagnosis of or prescription for treatment for dis-
ease, pain, deformity, deficiency, injury or physical condition of the hu-
man teeth or jaws, or adjacent structure;

      (3) (C) any and all correction of malformation of teeth or of the jaws;

      (4) (D) any and all administration of general or local anaesthesia of
any nature in connection with a dental operation; or

      (5) (E) a prophylaxis, except that individuals who are not licensed but
who are operating under the direct supervision of a dentist may (A) (i)
coronal polish teeth as defined by rules and regulations of the board and
(B) (ii) coronal scale teeth above the gum line as long as such procedure
is not performed on a patient who has undergone local or general anes-
thesia at the time of the procedure, is undertaken by a nonlicensed person
who has successfully completed necessary training for performing such
dental procedure in a course of study approved by the board, which
course of study is consistent with American dental association accredita-
tion standards and includes but is not limited to adequate instruction on
scaling the teeth and recognition of periodontal disease, is undertaken by
a person who has met the experience requirements for performing such
procedures as established by the board and such procedure is performed
prior to July 1, 2001. The provisions of this part (B) (ii) of subsection
(h)(5) (8)(E) shall expire on July 1, 2001.;

      (9) the practice of dentistry by a dental student, the practice of dental
hygiene by a dental hygiene student or the performance of duties per-
mitted under the dental practices act to unlicensed persons by a dental
assisting student, provided that (i) the procedures are performed as part
of the educational program of dental, dental hygiene or dental assisting
that has been approved by the board and in a facility operated or overseen
by the approved program and (ii) the student is under the supervision of
a dentist or dental hygienist who is either licensed in the state of Kansas
or who is eligible to be licensed in Kansas and has an application to be
licensed in Kansas pending, serving as a faculty member of the program;

      (10) the actions of persons while they are taking examinations for
licensure administered or approved by the board; or

      (11) the actions of persons while administering examinations ap-
proved by the board.

      (i) (b) As used in this section:

      (1) "Removal of or addition to the hard or soft tissue of the oral
cavity" means: (A) A surgical or cutting procedure on hard or soft tissues;
(B) the grafting of hard or soft tissues; (C) the final placement or intraoral
adjustment of a fixed crown or fixed bridge; and (D) root planing or the
smoothing of roughened root surfaces.

      (2) "Diagnosis of or prescription for treatment for disease, pain, de-
formity, deficiency, injury or physical condition of the human teeth or
jaws or adjacent structure" means: (A) A comprehensive examination; (B)
diagnosis and treatment planning; and (C) the prescription of a drug,
medication or work authorization.

      (3) "Correction of malformation of teeth or the jaws" means surgery,
cutting or any other irreversible procedure.

      (4) "General or local anesthesia of any nature in connection with a
dental operation" means any general anaesthetic and any local anaesthetic
whether block or infiltration but shall not include the administration and
monitoring of the analgesic use of nitrous oxide or oxygen, or both.

      Sec.  4. K.S.A. 1999 Supp. 65-1424 is hereby amended to read as
follows: 65-1424. The term "proprietor" as used in this act includes any
person who:

      (a) Employs dentists or dental hygienists in the operation of a dental
office; or

      (b) places in possession of a dentist or dental hygienists or other agent
such dental material or equipment as may be necessary for the manage-
ment of a dental office on the basis of a lease or any other agreement for
compensation for the use of such material, equipment or offices; or

      (c) retains the ownership or control of dental equipment or material
or office and makes the same available in any manner for the use by
dentists or dental hygienists or other agents except that nothing in this
subsection (c) shall apply to bona fide sales of dental equipment or ma-
terial secured by a chattel mortgage or retain title agreement.

      A licensee of dentistry who enters into any of the above described
arrangements with an unlicensed proprietor may have such license cer-
tificate suspended or revoked by the board.

      The estate or agent for a deceased or substantially disabled dentist may
employ dentists, for a period of not more than one year, to provide service
to patients until the practice can be sold.

      Sec.  5. K.S.A. 65-1428 is hereby amended to read as follows: 65-
1428. (a) Each applicant for licensure as a dentist shall be examined by
the board or by a national testing organization or an organization of one
or more state boards formed for the purpose of conducting a standard
clinical examination of candidates for licensure as dentists if the board
has approved each such organization and determined that the examina-
tions given meet the requirements of this act. For such testing organi-
zations or organization of one or more state boards that certify the test
results for a limited period of time, the examination must have been taken
and passed no longer before the date of application than the certification
period. All examinations provided for in this act shall be conducted in a
fair and wholly impartial manner. The examination shall be both theo-
retical and clinical, and shall thoroughly test the qualifications of each
applicant to practice dentistry.

      (b) The examination shall include the following subjects: Pathology,
radiology, bacteriology, treatment planning, clinical dentistry, operative
dentistry, prosthetics, crown and bridge technique, orthodontia, materials
in dentistry, diet and nutrition, oral hygiene and prophylaxis, preventive
medicine, peridontia, anaesthesia, oral surgery, oral medicine, principles
of medicine and pharmacology, anatomy, physiology, histology, chemistry,
embryology and such subdivisions of these general subjects as relate to
the practice of dentistry and laws of this state regulating the practice of
dentistry.

      The results of all such examinations shall be filed with the secretary-
treasurer of the board and kept for reference and inspection for a period
of not less than two years.

      (c) Each applicant who has attained a passing grade on each exami-
nation required by the board and has met all other requirements for
licensure set forth in this act shall be granted a license by the board. The
license certificate shall bear a serial number, the full name of the licensee,
the date of the issuance, the seal of the board, and shall be signed by a
majority of the members of the board. Every license issued under this act
shall be in the form prescribed by the board. A license to practice dentistry
shall not be construed as a property right, but a valuable right contingent
upon the practice of the licensee in accordance with the provisions of law
relating to the practice of dentistry and any rules and regulations adopted
pursuant thereto.

      Sec.  6. K.S.A. 65-1430 is hereby amended to read as follows: 65-
1430. Every practitioner of dentistry within the meaning of this act shall
post and keep conspicuously displayed his name, license certificate and
renewal certificate the dentist's name, license and current license renewal
certificate in the each office wherein he in which the dentist practices, in
plain sight of his patients, and if there is more than one dentist practicing
or employed in any office the manager or proprietor of such office shall
post and/or or display, or cause to be posted and displayed, in like manner
the name, license certificate and renewal certificate and license of each
dentist so practicing or employed therein in such office.

      Sec.  7. K.S.A. 1999 Supp. 65-1431 is hereby amended to read as
follows: 65-1431. (a) On or before December 1 of each even-numbered
year, each licensed dentist licensee of the Kansas dental board shall trans-
mit to the secretary of the board a renewal application, upon a form
prescribed by the board, which shall include such licensee's signature,
post-office address, office address, the number of the license certificate
of such licensee, whether such licensee has been engaged during the
preceding licensure period in active and continuous practice, whether
within or without this state, and such other information as may be re-
quired by the board, together with the biennial licensure fee for dentists
which is fixed by the board pursuant to K.S.A. 65-1447 and amendments
thereto.

      (b) On or before December 1 of each odd-numbered year, each den-
tal hygiene licensee of the Kansas dental board shall transmit to the sec-
retary of the board a renewal application, upon a form prescribed by the
board, which shall include such licensee's signature, post office address,
the number of the license certificate of such licensee, whether such li-
censee has been engaged during the preceding licensure period in active
and continuous practice whether within or without this state, and such
other information as may be required by the board, together with the
biennial licensure fee for a dental hygienist which is fixed by the board
pursuant to K.S.A. 65-1447 and amendments thereto.

      (c) The board shall require every licensee to submit with the renewal
application evidence of satisfactory completion of a program of continuing
education required by the board. The board by duly adopted rules and
regulations shall establish the requirements for such program of contin-
uing education as soon as possible after the effective date of this act. In
establishing such requirements the board shall consider any existing pro-
grams of continuing education currently being offered to such licensees.

      (d) Upon fixing the biennial license renewal fee, the board shall im-
mediately notify all licensees of the amount of the fee for the ensuing
licensure period. Upon receipt of such fee and upon receipt of evidence
that the licensee has satisfactorily completed a program of continuing
education required by the board, the licensee shall be issued a renewal
certificate license authorizing the licensee to continue to practice in this
state for a period of two years.

      (e)  (1) Any license granted under authority of this act shall automat-
ically be canceled if the holder thereof fails to apply for and obtain re-
newal within a period of one month from December 1 of each year prior
to March 1 of the year following the December in which a renewal ap-
plication is due.

      (2) Any licensee whose license is automatically canceled by reason of
failure, neglect or refusal to secure the renewal certificate may be rein-
stated by the board at any time within one month from the date of the
automatic cancellation of such license, upon payment of the biennial re-
newal fee and upon proof that such licensee has satisfactorily completed
a program of continuing education required by the board or at any time
within two months from the date of the automatic cancellation of the
license upon payment of the biennial renewal fee and a penalty fee of not
to exceed $500 as fixed by rules and regulations by the board and upon
proof that such licensee has satisfactorily completed a program of contin-
uing education required by the board required to be renewed for the next
biennial period may obtain renewal, prior to February 1, by submitting
to the board the required renewal application, payment of the biennial
renewal fee and proof that such licensee has satisfactorily completed a
program of continuing education required by the board. Any licensee
whose license is required to be renewed for the next biennial period may
obtain renewal, between February 1 and March 1, by submitting to the
board the required renewal application, payment of the biennial renewal
fee, payment of a penalty fee of not to exceed $500 as fixed by rules and
regulations by the board and proof that such licensee has satisfactorily
completed a program of continuing education required by the board. The
penalty fee in effect immediately prior to the effective date of this act
shall continue in effect until rules and regulations establishing a penalty
fee under this section become effective.

      (f) Upon failure of any licensee to pay the applicable renewal fee or
to present proof of satisfactory completion of the required program of
continuing education within two months after November 30 by February
1 of the year following the December in which a renewal application is
due, the board shall notify such licensee, in writing, by mailing notice to
such licensee's last registered address. Failure to mail or receive such
notice shall not affect the cancellation of the license of such licensee.

      (g) The board may waive the payment of biennial fees and the con-
tinuing education requirements for the renewal of certificates licenses
without the payment of any fee for a person who has held a Kansas license
to practice dentistry or dental hygiene if such licensee has retired from
such practice or has become temporarily or permanently disabled and
such licensee files with the board a certificate stating either of the follow-
ing:

      (1) A retiring licensee shall certify to the board that the licensee is:
(A) At least 65 years of age and has retired from the active practice of
dentistry or dental hygiene; and (B) not engaged, except as provided in
K.S.A. 1999 Supp. 65-1466 and amendments thereto, in the provision of
any dental service, the performance of any dental operation or procedure
or the delivery of any dental hygiene service as defined by the statutes of
the state of Kansas; or

      (2) a disabled licensee shall certify to the board that such licensee is
no longer engaged in the provision of dental services, the performance
of any dental operation or the provision of any dental hygiene services as
defined by the statutes of the state of Kansas by reason of any physical
disability, whether permanent or temporary, and shall describe the nature
of such disability.

      (h) The waiver of fees under subsection (g) shall continue so long as
the retirement or physical disability exists. Except as provided in K.S.A.
1999 Supp. 65-1466 and amendments thereto, in the event the licensee
returns to the practice for which such person is licensed, the requirement
for payment of fees and continuing education requirements shall be reim-
posed commencing with and continuing after the date the licensee re-
turns to such active practice. Except as provided in K.S.A. 1999 Supp.
65-1466 and amendments thereto, the performance of any dental service,
including consulting service, or the performance of any dental hygiene
service, including consulting service, shall be deemed the resumption of
such service, requiring payment of license fees.

      (i) The Kansas dental board may adopt such rules and regulations
requiring the examination and providing means for examination of those
persons returning to active practice after a period of retirement or disa-
bility as the board shall deem necessary and appropriate for the protection
of the people of the state of Kansas except that for an applicant to practice
dental hygiene who is returning to active practice after a period of re-
tirement or disability, the board shall authorize as an alternative to the
requirement for an examination that the applicant successfully complete
a refresher course as defined by the board in an approved dental hygiene
school.

      Sec.  8. K.S.A. 65-1433 is hereby amended to read as follows: 65-
1433. In case of a lost or destroyed license certificate, or renewal certif-
icate, and upon satisfactory proof of the loss or destruction thereof, the
board may issue a duplicate, charging therefor a license upon payment of
the duplicate license fee fixed by the board pursuant to K.S.A. 65-1447
and amendments thereto.

      Sec.  9. K.S.A. 65-1435 is hereby amended to read as follows: 65-
1435. (a) Except as otherwise provided in this section, it shall be unlawful
for any person or persons to practice or offer to practice dentistry under
any name except such person's own name, which shall be the name used
in on the license certificate granted to such person as a dentist as provided
in this act, or to use the name of any company, association, corporation,
clinic, trade name or business name in connection with the practice of
dentistry as defined in this act.

      (b) Nothing herein contained shall be construed to prevent two or
more licensed dentists:

      (1) From associating together for the practice of dentistry, each in
such person's own proper name; or

      (2) from associating together for the practice of dentistry, each as
owners, in a professional corporation, organized under pursuant to the
professional corporation law of Kansas, under a corporate name, estab-
lished in accordance with the professional corporation law of Kansas, or,
each as owners, in a limited liability company organized pursuant to the
Kansas revised limited liability company act, and using a name that may
or may not contain the proper name of any such person or persons if such
name has been approved by the board and from employing nonowning
licensees; or

      (3) from associating together with persons licensed to practice med-
icine and surgery in a clinic or professional association under a name that
may or may not contain the proper name of any such person or persons
and may contain the word "clinic."

      (c) It shall be unlawful, and a licensee may have a license suspended
or revoked, for any licensee to conduct a dental office in the name of the
licensee, or to advertise the licensee's name in connection with any dental
office or offices, or to associate together for the practice of dentistry with
other licensed dentists in a professional corporation, organized under the
professional corporation law of Kansas or limited liability company, under
a corporate name, established in accordance with the professional cor-
poration law of Kansas, that may or may not contain the proper name of
any such person or persons or to associate together with persons licensed
to practice medicine and surgery in a clinic or professional association
under a name that may or may not contain the proper name of any such
person or persons and may contain the word "clinic," unless such licensee
is personally present in the office operating as a dentist or personally
overseeing such operations as are performed in the office or each of the
offices during a majority of the time the office or each of the offices is
being operated.

      (d) Nothing in this section shall be construed to permit the franchise
practice of dentistry.

      (e) The violation of any of the provisions of this section by any dentist
shall subject such dentist to suspension or revocation of a license.

      Sec.  10. K.S.A. 65-1441 is hereby amended to read as follows: 65-
1441. Whoever sells or offers to sell a diploma conferring a dental degree,
or a license certificate or renewal certificate granted pursuant to this act
or prior dental practice acts, or procures such diploma or license certifi-
cate or renewal certificate with intent that it shall be used as evidence of
the right to practice dentistry or dental hygiene, as defined by law, by a
person other than the one upon whom it was conferred, or to whom such
license certificate or renewal certificate was granted, or with fraudulent
intent alters such diploma or license certificate or renewal certificate, or
uses or attempts to use it when it is so altered, shall be deemed guilty of
a misdemeanor. The board may refuse to grant a certificate license to
practice dentistry or dental hygiene to any person found guilty of making
a false statement, or cheating, or of fraud or deception either in applying
for a license, a certificate or in taking any of the examinations provided
for herein under the dental practices act.

      Sec.  11. K.S.A. 1999 Supp. 65-1447 is hereby amended to read as
follows: 65-1447. (a) On or before October 1 of each year, the Kansas
dental board shall determine the amount of funds which will be required
during the ensuing fiscal year to properly administer the laws which the
board is directed to enforce and administer and shall fix fees in accord-
ance with this section in such reasonable sums as may be necessary for
such purposes, within the limitations prescribed by subsection (b).

      (b) The board shall collect fees provided for in this act as follows:

Examination fee for dental applicants--not more than	$100
Subsequent examination fee for dental applicants--not more than	50
Certificate Examination fee for special specialty qualifications--
not more than	100
Reciprocity Credentials/qualifications fee--not more than	100
Duplicate license certificate fee--not more than	10
Certificate fee, including certificate for reciprocity credentials/qualifica-
tions, for dentists and dental hygienists--not more than	10
Biennial license renewal fee for dentists--not more than	200
Examination fee for dental hygienist applicants--not more than	50
Subsequent examination fee for dental hygienist applicants--
not more than	50
Biennial license renewal fee for dental hygienists--not more than	100
Reinstatement of a revoked license--not more than	1,000

      (c) The amounts of fees in effect on the day preceding the effective
date of this act and the act of which this section is amendatory shall remain
in effect until fixed in different amounts by the board under this section.
The board may adopt rules and regulations for the proration of fees for
a license issued for a period of time less than the biennial licensure period.

      Sec.  12. K.S.A. 1999 Supp. 65-1455 is hereby amended to read as
follows: 65-1455. (a) No person shall practice as a dental hygienist in this
state until such person has passed an examination by the board under
such rules and regulations as the board may adopt. The board shall accept
clinical board examination results for graduates of dental hygiene schools
approved by the board from all nationally recognized regional dental hy-
giene clinical testing agencies and from individual state dental hygiene
licensure authorities. The fee for such examination and the certificate fee
shall be fixed by the board pursuant to K.S.A. 65-1447 and amendments
thereto. An annual registration A license fee shall be paid to the board in
the amount fixed by the board pursuant to K.S.A. 65-1447 and amend-
ments thereto.

      (b) The board shall issue licenses and license certificates as dental
hygienists to those who have passed the examination in a manner satis-
factory to the board. Each license certificate shall be posted and displayed
in the office in which the hygienist is employed, but no person shall be
entitled to such license and license certificate unless such person shall be
is more than 18 years of age, of good moral character and a graduate of
a school approved by the board for dental hygienists. The board shall
approve only those dental hygiene schools which require the study of
dental hygiene and which the board determines have standards of edu-
cation not less than that required for accreditation by the commission on
dental accreditation of the American dental association or its equivalent.

      (c) The board shall adopt rules and regulations establishing the cri-
teria which a school for dental hygienists shall satisfy in meeting the stan-
dards of education established under subsection (b). The board may send
a questionnaire developed by the board to any school for dental hygienists
for which the board does not have sufficient information to determine
whether the school meets the requirements of subsection (b) and rules
and regulations adopted under this section. The questionnaire providing
the necessary information shall be completed and returned to the board
in order for the school to be considered for approval. The board may
contract with investigative agencies, commissions or consultants to assist
the board in obtaining information about schools. In entering such con-
tracts the authority to approve schools shall remain solely with the board.

      (d) Any person practicing dental hygiene in violation of the provisions
of this act shall be guilty of a misdemeanor, and the board may revoke or
suspend such person's license therefor.

      Sec.  13. K.S.A. 1999 Supp. 65-1456 is hereby amended to read as
follows: 65-1456. (a) The board may suspend or revoke the license, license
certificate and renewal certificate of any registered and licensed dentist
who shall permit any dental hygienist operating under such dentist's su-
pervision to perform any operation other than that permitted under the
provisions of article 14 of chapter 65 of the Kansas Statutes Annotated,
or acts amendatory thereof, and may suspend or revoke the license of any
hygienist found guilty of performing any operation other than those per-
mitted under article 14 of chapter 65 of the Kansas Statutes Annotated,
or acts amendatory thereof. No license or certificate of any dentist or
dental hygienist shall be suspended or revoked in any administrative pro-
ceedings without first complying with the notice and hearing require-
ments of the Kansas administrative procedure act.

      (b) The practice of dental hygiene shall include those educational,
preventive, and therapeutic procedures which result in the removal of
extraneous deposits, stains and debris from the teeth and the rendering
of smooth surfaces of the teeth to the depths of the gingival sulci. In-
cluded among those educational, preventive and therapeutic procedures
are the instruction of the patient as to daily personal care, protecting the
teeth from dental caries, the scaling and polishing of the crown surfaces
and the planing of the root surfaces, in addition to the curettage of those
soft tissues lining the free gingiva to the depth of the gingival sulcus and
such additional educational, preventive and therapeutic procedures as the
board may establish by rules and regulations.

      (c) Subject to such prohibitions, limitations and conditions as the
board may prescribe by rules and regulations, any licensed dental hy-
gienist may practice dental hygiene and may also perform such dental
service as may be performed by a dental assistant under the provisions of
K.S.A. 65-1423 and amendments thereto.

      (d) Except as otherwise provided in this section, the practice of dental
hygiene shall be performed under the direct or general supervision of a
licensed dentist at the office of such licensed dentist. The board shall
designate by rules and regulations the procedures which may be per-
formed by a dental hygienist under direct supervision and the procedures
which may be performed under general supervision of a licensed dentist.
As used in this section: (1) "Direct supervision" means that the dentist is
in the dental office, personally diagnoses the condition to be treated,
personally authorizes the procedure and before dismissal of the patient
evaluates the performance; and (2) "general supervision" means a Kansas
licensed dentist may delegate verbally or by written authorization the
performance of a service, task or procedure to a licensed dental hygienist
under the supervision and responsibility of the dentist, if the dental hy-
gienist is licensed to perform the function, and the supervising dentist
examines the patient at the time the dental hygiene procedure is per-
formed, or during the 12 calendar months preceding the performance of
the procedure, except that the licensed hygienist shall not be permitted
to diagnose a dental disease or ailment, prescribe any treatment or a
regimen thereof, prescribe, order or dispense medication or perform any
procedure which is irreversible or which involves the intentional cutting
of the soft or hard tissue by any means. A dentist is not required to be
on the premises at the time a hygienist performs a function delegated
under part (2) of this subsection.

      (e) The practice of dental hygiene may be performed at an adult care
home, hospital long-term care unit, state institution, local health depart-
ment or indigent health care clinic on a resident of a facility, client or
patient thereof so long as:

      (1) A licensed dentist has delegated the performance of the service,
task or procedure;

      (2) the dental hygienist is under the supervision and responsibility of
the dentist;

      (3) either the supervising dentist is personally present or the services,
tasks and procedures are limited to the cleaning of teeth, education and
preventive care;

      (4) the supervising dentist examines the patient at the time the dental
hygiene procedure is performed or has examined the patient during the
12 calendar months preceding performance of the procedure; and

      (5) nothing in this subsection (e) shall be construed to prevent a den-
tal hygienist from providing dental education in a school setting.

      (f) The board may issue a permit to a licensed dental hygienist to
provide dental screening as an employee of the state of Kansas, or any
subdivision thereof, at any public institution or facility under the super-
vision of the governing body of such public institution or facility under
such terms and conditions as the board may reasonably establish in such
permit. Such permit shall be for a period of one year and shall be subject
to renewal annually at the time the license for dental hygiene is renewed.

      (g) In addition to the duties specifically mentioned in subsection (b)
of K.S.A. 65-1456, and amendments thereto, any duly licensed and reg-
istered dental hygienist may:

      (1) Give fluoride treatments as a prophylactic measure, as defined by
the United States public health service and as recommended for use in
dentistry;

      (2) remove overhanging restoration margins and periodontal surgery
materials by hand scaling instruments; and

      (3) administer local block and infiltration anaesthesia and nitrous ox-
ide. (A) The administration of local anaesthesia shall be performed under
the direct supervision of a licensed dentist. (B) Each dental hygienist who
administers local anaesthesia shall have completed courses of instruction
in local anaesthesia and nitrous oxide which have been approved by the
board.

      (h)  (1) The courses of instruction required in subsection (g)(3)(B) of
K.S.A. 65-1456, and amendments thereto, shall provide a minimum of 12
hours of instruction at a teaching institution accredited by the American
dental association.

      (2) The courses of instruction shall include courses which provide
both didactic and clinical instruction in: (A) Theory of pain control; (B)
anatomy; (C) medical history; (D) pharmacology; and (E) emergencies
and complications.

      (3) Certification in cardiac pulmonary resuscitation shall be required
in all cases.

      Sec.  14. K.S.A. 65-1457 is hereby amended to read as follows: 65-
1457. It shall be the duty of all licensed dental hygienists who engage in
the practice of dental hygiene to be registered and have issued to them
a renewal certificate annually by the board on or before the first day of
December of each year licensed. Except as otherwise provided under the
dental practices act, the form, method and renewal certificate fee, and
all provisions relating to the renewal of licenses of dentists as provided
herein shall apply to the annual registration and renewal of licenses of
dental hygienists.

      Sec.  15. K.S.A. 65-1458 is hereby amended to read as follows: 65-
1458. The board shall revoke or suspend the license of any registered and
licensed dental hygienist who is found guilty of using or attempting to
use in any manner whatsoever any prophylactic lists, call lists, records,
reprints or copies of same, or information gathered therefrom, of the
names or patients whom the hygienist might have served in the office of
a prior employer, unless such names appear upon the bona fide call or
prophylactic list of the hygienist's present employer and were caused to
so appear through the legitimate practice of dentistry as provided for in
this act. The board shall also suspend or revoke the license of any licensed
dentist who is found guilty of aiding or abetting or encouraging a dental
hygienist employed by such dentist to make use of a so-called prophylactic
call list, or the calling by telephone or by use of written letters transmitted
through the mails to solicit patronage from patients formerly served in
the office of any dentist formerly employing such hygienist. No order of
suspension or revocation provided in this section shall be made or entered
except after notice and opportunity for hearing in accordance with the
provisions of the Kansas administrative procedure act. Any final order of
suspension or revocation of a license or certificate shall be reviewable in
accordance with the act for judicial review and civil enforcement of
agency actions.

      Sec.  16. K.S.A. 65-1459 is hereby amended to read as follows: 65-
1459. (a) The board shall have authority, upon presentation of satisfactory
credentials and under such rules and regulations as the board may pre-
scribe, to issue a permit to a graduate of an approved dental school or
college who has not been licensed or registered to practice dentistry in
this state, and who has not failed to pass an examination for license licen-
sure in this state, to serve as a dental intern for a period of not more than
one (1) year in state maintained and operated hospitals, or the department
of health and environment services of the state of Kansas that may offer
such a position if such hospitals maintain a recognized resident staff of
one (1) or more licensed dentists. Such intern shall function under the
supervision and direction of the dental staff of such hospitals, his or her
the intern's work to shall be limited to the patients confined to the hospital
in which such intern serves, and such intern shall be serve without fee or
compensation other than that received in salary or other remuneration
from such hospitals.

      (b) The board shall have the power to revoke the permit of any such
intern at any time within the year for which it is issued upon the rec-
ommendation of such procedure by the executive officer of the resident
dental staff of the hospital in which such intern serves or for any other
reason which the board may deem justifiable. Such limited permits
granted for the purpose of internships shall automatically expire at the
end of one year and shall not be subject to renewal.

      Sec.  17. K.S.A. 1999 Supp. 65-1466 is hereby amended to read as
follows: 65-1466. (a) (1) Notwithstanding any other provision of the dental
practices act, a not-for-profit corporation having the status of an organi-
zation under 26 United States Code Annotated 501(c)(3) which is also a
facility qualified under subsection (b) of K.S.A. 65-431 and amendments
thereto to select and employ professional personnel, an indigent health
care clinic as defined by the rules and regulations of the secretary of
health and environment, a federally qualified health center, or a local
health department may employ or otherwise contract with a person li-
censed under the dental practices act to provide dental services to dentally
indigent persons.

      (2) Notwithstanding any other provision of the dental practices act,
a federally qualified health center or national health service corps site
may employ or otherwise contract with a person licensed under the dental
practices act to provide services to any person except that a federally
qualified health center and a clinic employing a national health service
corps dentist shall report annually to the health care reform legislative
oversight committee indicating the income level of their patients and the
percentage of patients covered by dental insurance in the preceding year.

      (b) Dentally indigent persons are those persons who are: (1) Deter-
mined to be a member of a family unit earning at or below 200% of
poverty income guidelines based on the annual update of "poverty income
guidelines" published in the federal register by the United States de-
partment of health and human services and are not indemnified against
costs arising from medical and hospital care or dental care by a policy of
accident and sickness insurance or an employee health benefits plan; or
(2) eligible for medicaid; or (3) eligible for the Kansas federal children's
health insurance program; or (4) eligible for other publicly funded health
care programs as defined by the Kansas dental board; or (5) qualified for
Indian health services. This subsection shall not be construed to prohibit
an entity under subsection (a) which enters into an arrangement with a
licensee under the dental practices act for purposes of providing services
to dentally indigent persons pursuant to subsection (a) from defining
"dentally indigent persons" more restrictively than such term is defined
under this subsection.

      (c) A licensee under the dental practices act who enters into an ar-
rangement with an entity under subsection (a) to provide dental services
pursuant to subsection (a): (1) Shall not be subject to having the licensee's
license certificate suspended or revoked by the board solely as a result of
such arrangement; and (2) may not permit another person who is not
licensed in Kansas as a dentist, and is not otherwise competent, to engage
in the clinical practice of dentistry. No entity under subsection (a) or any
other person may direct or interfere or attempt to direct or interfere with
a licensed dentist's professional judgment and competent practice of den-
tistry.

      (d) A dentist who is classified as "retired" by the Kansas dental board
is not required to pay the annual biennial renewal fee or comply with the
dental continuing education requirements if the dentist elects to provide
dental services to the indigent through one of the entities specified in
subsection (a). A "retired" dentist providing such services shall be re-
quired to comply with the annual renewal requirements of the Kansas
dental board.

      (e) The Kansas dental board may adopt rules and regulations as nec-
essary to carry out the provisions of this section, except that no such rule
and regulation shall alter or affect the intent of paragraph (2) of subsection
(a).

      (f) This section shall be part of and supplemental to the dental prac-
tices act.

      Sec.  18. K.S.A. 74-1406 is hereby amended to read as follows: 74-
1406. The board shall exercise, subject to the provisions of this act, the
following powers and duties:

      (a) It shall Adopt such rules for its government governance as it may
deem proper.

      (b) Make Adopt rules and regulations for qualification and licensing
of dental hygienists.

      (c) Make Adopt rules and regulations regarding sanitation.

      (d) Conduct examinations to ascertain the qualification and fitness of
applicants for licenses as dentists, or certificates as specialists in dentistry.

      (e) Pass upon the qualifications of applicants for reciprocal licenses.

      (f) Prescribe rules and regulations for examination of candidates.

      (g) Formulate rules and regulations by which dental schools and col-
leges shall be approved.

      (h) Grant licenses, issue license certificates as specialists in dentistry
and issue renewal licenses and certificates as specialists in dentistry in
conformity with this act to such applicants and dentists as have been found
qualified.

      (i) Conduct hearings or proceedings to revoke or suspend and to re-
voke or suspend a license, license certificate or renewal license or certif-
icate granted under the authority of this act or previous acts.

      (j) Employ such persons as it may deem necessary to assist it in car-
rying out its the duties of the board in the administration and enforcement
of this act, and to provide offices, furniture, fixtures, supplies, printing,
or secretarial service, and may expend such funds as may be deemed
necessary therefor, and may appoint an attorney to advise and assist in
the carrying out and enforcing of the provisions of this act.

      (k) To Investigate violations of the act that may come to the knowl-
edge of the board, and to institute or cause to be instituted before the
board or in a proper court appropriate proceedings in connection there-
with.

      (l) To Adopt rules and regulations to carry out and make effective the
provisions of this act, and to modify or repeal said such rules and regu-
lations whenever in the discretion of the board it is deemed necessary.

      Sec.  19. K.S.A. 74-1407 is hereby amended to read as follows: 74-
1407. (a) The secretary-treasurer of the board shall keep a record book
in which shall be entered the names of all persons to whom license cer-
tificates and renewal certificates licenses and certificates as specialists in
dentistry, and renewal licenses and certificates have been granted under
this act, the numbers of such license certificates and renewal certificates
licenses and certificates, the dates of granting the same, and other matters
of record, the book so provided and kept to be deemed a book of records.
A photostatic copy of such records, or a copy of such records, certified
by the secretary-treasurer and under the seal of the board, shall be ad-
mitted in any of the courts of this state as prima facie evidence of the
facts contained in such records, and in lieu thereof of the records of the
board.

      (b) A certificate that there is not entered in such record books the
name and number of and date of granting such license or certificate or
license or renewal certificate to a person charged with a violation of any
of the provisions of this act, under the hand of the secretary-treasurer
and the seal of the board, shall be prima facie evidence of the facts con-
tained therein and in the records of the board. Such certificates shall be
admitted in any of the courts of this state in lieu of the records of the
board.

      (c) The original books, records and papers of the board shall be kept
at the office of the secretary-treasurer of said such board, which office
shall be at such place as may be designated by the board. The secretary-
treasurer shall furnish to any person making application therefor a copy
of any part thereof, certificated by the secretary-treasurer, upon payment
of a fee in an amount fixed by the secretary-treasurer and approved by
the director of accounts and reports under K.S.A. 1978 Supp. 45-204 45-
219 and amendments thereto.

      New Sec.  20. (a) A person whose license has been revoked may apply
for reinstatement of the license after the expiration of three years from
the effective date of the revocation. Application for reinstatement shall
be on a form provided by the board and shall be accompanied by a re-
instatement of a revoked license fee established by the board under
K.S.A. 65-1447 and amendments thereto. The burden of proof by clear
and convincing evidence shall be on the applicant to show sufficient re-
habilitation to justify reinstatement of the license. The applicant shall
comply with all conditions imposed by the board in establishing justifi-
cation for rehabilitation. The board may establish conditions or restric-
tions on the reinstatement of the applicant's license as it deems appro-
priate. If the board determines a license should not be reinstated, the
person shall not be eligible to reapply for reinstatement for three years
from the effective date of the denial. All proceedings conducted on an
application for reinstatement shall be in accordance with the provisions
of the Kansas administrative procedure act and shall be reviewable in
accordance with the act for judicial review and civil enforcement of
agency actions. The board, on its own motion, may stay the effectiveness
of an order of revocation of license.

      (b) This section shall be part of and supplemental to the dental prac-
tices act.

   Sec.  21. K.S.A. 65-1421, 65-1422, 65-1428, 65-1430, 65-1433, 65-
1435, 65-1441, 65-1457, 65-1458, 65-1459, 74-1406 and 74-1407 and
K.S.A. 1999 Supp. 65-1423, 65-1424, 65-1431, 65-1447, 65-1455, 65-1456
and 65-1466 are hereby repealed.

   Sec.  22. This act shall take effect and be in force from and after its
publication in the statute book.