Report Title:

Dental Licensing

 

Description:

Creates a dental and dental hygienist license by credential to allow out-of-state licensed dentists and dental hygienists to practice in Hawaii without a Hawaii license; creates a limited volunteer dental license to allow volunteers to practice exclusively for nonprofit health care facilities serving low income persons.

THE SENATE

S.B. NO.

2088

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DENTISTRY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that Hawaii is experiencing a critical public health problem in the lack of dentists who practice in rural and low income areas. The legislature further finds that the problem could be assuaged if more dentists were licensed to practice in Hawaii provided that the quality of dental practice in Hawaii is not compromised under the existing state licensing requirements. The legislature believes that an acceptable compromise is to allow out-of-state licensed dentists to practice in Hawaii under a special license on a restricted basis.

The purpose of this Act is to allow out-of-state licensed dentists and dental hygienists to obtain a license to practice in this State by credential, and to create a limited volunteer dental license.

SECTION 2. Chapter 447, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§447-   Licensing by credential. (a) A person may apply for a dental hygienist license by credential. The board of dental examiners may issue a license by credential to the applicant, without the necessity of a written examination under section 447-1(b), if:

(1) The applicant satisfies the requirements under section 447-1(a)(1), (2), and (3); and

(2) The applicant is licensed to practice in another state of the United States, and the applicant:

(A) Has been licensed for a minimum of two years immediately preceding the application, in which time the applicant has been in active dental hygienic practice and supervised by a licensed dentist;

(B) Has not been the subject of final or impending disciplinary action in the military or in any state or territory in which the applicant has ever been licensed;

(C) Has no felony convictions whatsoever or other criminal convictions that would affect the applicant's ability to render competent hygienic care; and

(D) Has not previously failed a license examination under section 447-1(b).

(b) If the applicant satisfies the requirements under subsection (a), the board of dental examiners may conduct an interview of the applicant, and may require the applicant to furnish additional information that reflects the applicant's ability to render competent care.

(c) All applicants for a license under this section shall be subject to paying applicable licensing and renewal fees."

SECTION 3. Chapter 448, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§448-   Licensing by credential. (a) A person may apply for a dental license by credential. The board of dental examiners may issue a license by credential, without the necessity of a written examination under section 448-10(a), to the applicant, if:

(1) The applicant satisfies the requirements under section 448-9(3); and

(2) The applicant is licensed to practice in another state of the United States, and the applicant:

(A) Has been so licensed for a minimum of five years immediately preceding the application;

(B) Has not been the subject of final or impending disciplinary action in any state or territory in which the applicant has ever been licensed; and

(C) Has no felony convictions whatsoever or other criminal convictions that would affect the applicant's ability to render competent hygienic care;

(b) If the applicant satisfies the requirements under subsection (a), the board of dental examiners may conduct an interview of the applicant, and may require the applicant to furnish additional information that reflects the applicant's ability to render competent care.

(c) All applicants for a license under this section shall be subject to paying applicable licensing and renewal fees.

§448-   Limited volunteer dental license. (a) There shall be a special license to be known as a limited volunteer dental license. The license shall enable the holder to volunteer without compensation to practice solely in nonprofit health facilities serving low income populations to help meet the needs of disadvantaged persons.

(b) The board of dental examiners may issue a limited volunteer dental license, without the necessity of a written examination under section 448-10(a), to an applicant who:

(1) Has an out-of-state current or expired license, or an expired license in this State, or is authorized to treat veterans or personnel enlisted in the United States armed services;

(2) Has actively practiced dentistry within the past five years;

(3) Satisfies the requirements under section 448-9(3);

(4) Has not been the subject of final or impending disciplinary action in any state or territory in which the applicant has ever been licensed;

(5) Has no felony convictions whatsoever or other criminal convictions that would affect the applicant's ability to render competent dental care; and

(6) Has not previously failed a written license examination under section 448-10.

(b) If the applicant satisfies the requirements under subsection (a), the board of dental examiners may conduct an interview of the applicant, and may require the applicant to furnish additional information that reflects the applicant's ability to render competent care.

(c) The board of dental examiners may refuse to issue a limited volunteer dental license to an applicant whom the board determines to be unfit to practice to practice dentistry.

(d) All applicants for a license under this section shall be subject to paying applicable licensing and renewal fees and to any continuing dental education requirements.

(e) A person holding a license under this section who practices in other than a nonprofit health care facility serving low income persons shall be subject to sections 448-17 and 448-21.

(f) For purposes of the proper administration of this section, the board of dental examiners shall maintain a list of nonprofit, and for profit health care facilities qualifying under subsection (g), that serve low income populations in this State.

(g) The board may qualify a for-profit health care facility for purposes of this section if the for-profit health care facility provides dental services to low income patients and is compensated by the state or the federal government specifically for providing those dental services."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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