Report Title:

Dentists; Licensure

Description:

Creates a special community service license for dentists and dental hygienists working in federally qualified health centers or Native Hawaiian Health System sites. (HB2093 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2093

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DENTAL PROFESSIONAL LICENSING.

 

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

SECTION 1. The legislature finds that there is a need to attract additional dental care providers to communities statewide who are willing to work in nonprofit health centers that serve low-income and uninsured communities. Presently, Kokua-Kalihi Valley, Kalihi Palama Health Center, Kauai Community Health Center, Bay Clinic, Waianae Coast Comprehensive Health Center, and Hana Community Health Center, which are all nonprofit federally qualified health centers, offer dental clinic services. Additional centers are expected to open dental clinics in the near future.

While Hawaii has a favorable dentist-to-population ratio in contrast with other states, nonprofit health center dental clinics continue to have difficulty recruiting staff in sufficient numbers. The Hawaiian islands oral health task force, a coalition representing the concerns of various state government agencies, island oral health task forces, nonprofit primary care providers, the dental insurance industry, and health professional organizations convened this past year to develop a strategy specific to addressing the recruitment needs of nonprofit health centers. Agreement was reached that the amendments proposed provide the best means of enhancing the recruitment and retention of dentists and dental hygienists in dental safety net clinics. These proposals are expected to bring relief in many communities to the backlog of dental treatment needs found among both children and adults. It is believed that Hawaii does not need more dental care workers per se, rather, more who are willing to work in safety net dental clinics. The establishment of a community service licensing category would facilitate recruitment and retention of interested persons from other states while helping to ensure that high community standards of dental care are maintained.

The purpose of this Act is to create the category of community service license for eligible dentists and dental hygienists to attract more personnel to serve in high needs communities. Furthermore, this Act amends statutory references to the American Dental Association's Council on Dental Education. Accreditation is now handled through an organization known as the Commission on Dental Accreditation,

which operates under the auspices of the American Dental Association.

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

"§447-    Community service license. (a) The board of dental examiners may issue, without examination, a community service license to practice dental hygiene in the employment of a federally qualified health center, Native Hawaiian Health Care System center, or post-secondary dental auxiliary training program accredited by the American Dental Association Commission on Dental Accreditation. Community service licensees under this section shall abide by the requirements and conditions placed upon those fully licensed under this chapter; provided that license renewal requests shall be submitted to the board of dental examiners sixty days prior to expiration.

Eligible candidates shall:

(1) Provide copies of documentation and credentials that include but are not limited to the following:

(A) A diploma or certificate of graduation from a dental hygiene college accredited by the American Dental Association Commission on Dental Accreditation, recognized and approved by the board;

(B) A certificate or other evidence satisfactory to the board of having passed the examination of the National Board of Dental Examiners within five years of the date of request; or

(C) Evidence of active clinical dental hygiene practice of not less than one thousand hours per year for the three years immediately prior to the date of request;

(2) Provide a copy of an active, unrestricted dental hygiene practice license from another state;

(3) Disclose to the board of dental examiners all previous or pending, or both legal or regulatory action relating to claims of malpractice or personal or professional misconduct; and

(4) Pay applicable registration fees, which shall be one-half of the prevailing biennial registration fee for dental hygiene.

No person who has failed to pass the dental hygiene licensure examination administered under this chapter shall have the benefit of a community service dental license.

(b) Community service licensees shall actively participate in a formal and on-going program of clinical quality assurance.

(c) A license may be renewed annually, pending review and reauthorization of the board of dental examiners, for a period of no more than five consecutive years.

(d) The community service license authorizes the licensee to practice dental hygiene only within the employment of an eligible organization and shall be in force until the earliest of the following occurs:

(1) The date the person leaves the employment authorized under the community service license;

(2) The date on which the results of the dental hygiene licensure examination taken by the person under this chapter are posted by the board; or

(3) The date on which the board revokes the community service license; provided that the board may revoke the community service license at any time for cause.

(e) Commissioned officers of the United States Army, the United States Navy, the United States Air Force, the United States Public Health Service, or the United States Veterans Administration, practicing in a federally qualified health center or Native Hawaiian Health Care System center, shall qualify for a community service license to practice dental hygiene. The board may issue a community service license for the term of the officer's federal duty assignment. Officers shall provide to the board of dental examiners:

(1) A copy of an active, unrestricted dental practice license from another state; and

(2) A copy of documentation reflecting official duty assignment to a qualifying community service dental hygiene license site."

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

"§448-    Community service license. (a) The board of dental examiners may issue without examination, a community service license to practice dentistry in the employment of a federally qualified health center, Native Hawaiian Health Care System center, or post-secondary dental auxiliary training program accredited by the American Dental Association Commission on Dental Accreditation. Community service licensees under this section shall abide by the requirements and conditions placed upon those fully licensed under this chapter; provided that license renewal requests shall be submitted to the board of dental examiners sixty days prior to expiration.

Eligible candidates shall:

(1) Provide copies of documentation and credentials that include but are not limited to the following:

(A) A diploma or certificate of graduation from a dental college accredited by the American Dental Association Commission on Dental Accreditation, recognized and approved by the board;

(B) A certificate or other evidence satisfactory to the board of having passed part II of the examination of the National Board of Dental Examiners within five years of the date of request; or

(C) Evidence of active practice of clinical dentistry of not less than one thousand hours per year for the three years immediately prior to the date of request;

(2) Provide a copy of an active, unrestricted dental practice license from another state;

(3) Disclose to the board of dental examiners all previous or pending, or both legal or regulatory action relating to claims of malpractice or personal or professional misconduct; and

(4) Pay applicable registration fees, which shall be one-half of the prevailing biennial registration fee for dentistry.

No person who has failed to pass the dentistry licensure examination administered under this chapter shall have the benefit of a community service dental license.

(b) Community service licensees shall actively participate in a formal and on-going program of clinical quality assurance.

(c) A license may be renewed annually, pending review and reauthorization of the board of dental examiners, for a period of no more than five consecutive years.

(d) The community service license authorizes the licensee to practice dentistry only within the employment of an eligible organization and shall be in force until the earliest of the following occurs:

(1) The date the person leaves the employment authorized under the community service license;

(2) The date on which the results of the dentistry licensure examination taken by the person under this chapter are posted by the board; or

(3) The date on which the board revokes the community service license; provided that the board may revoke the community service license at any time for cause.

(e) Commissioned officers of the United States Army, the United States Navy, the United States Air Force, the United States Public Health Service, or the United States Veterans Administration, practicing in a federally qualified health center or Native Hawaiian Health Care System center, shall qualify for a community service license to practice dentistry. The board may issue a community service license for the term of the officer's federal duty assignment. Officers shall provide to the board of dental examiners:

(1) A copy of an active, unrestricted dental practice license from another state; and

(2) A copy of documentation reflecting official duty assignment to a qualifying community service dental license site."

SECTION 4. Section 448-9, Hawaii Revised Statutes, is amended to read as follows:

"§448-9 Application for examination for graduates of dental colleges accredited by the American Dental Association[.] Commission on Dental Accreditation. Any person of eighteen years or more shall be eligible to take an examination before the board upon submission of:

(1) An application on a form prescribed by the board to the executive secretary of the board not later than sixty days prior to the date of the scheduled examination;

(2) Application and examination fees; and

(3) Documentation and credentials that shall include but are not limited to the following:

(A) A diploma or certificate of graduation from a dental college accredited by the [Council of Dental Education of the] American Dental Association[,] Commission on Dental Accreditation, recognized and approved by the board; and

(B) A certificate or other evidence satisfactory to the board of having passed parts I and II of the examination of the National Board of Dental Examiners."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval and shall be repealed on July 1, 2009.