Dentistry; QUEST/Medicaid Patients
Authorizes the board of dental examiners to sanction the license of a dentist who refuses to accept QUEST/medicaid patients.
HOUSE OF REPRESENTATIVES
TWENTY-SECOND LEGISLATURE, 2004
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 the refusal by some licensed dentists to provide dental services to patients covered under governmentally sponsored medical insurance programs defeats the purposes of those programs. The purpose of this Act is to discourage dentists from refusing those patients by authorizing the board of dental examiners to revoke or suspend the license of any dentist who refuses to accept medicaid or QUEST patients.
SECTION 2. Section 448-17, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The board shall refuse to issue a license to any applicant who fails to meet all of the requirements imposed by this chapter and may refuse to issue a license to any applicant who has previously committed any act which would, if committed by a licensee, result in the revocation or suspension of the license.
In addition to any other actions authorized by law, the board may suspend or revoke any license issued under this chapter and may fine a licensee for any cause authorized by law, including but not limited to the following:
(1) Fraud in procuring license;
(2) Habitual intoxication or addiction to the use of drugs;
(3) Wilful or repeated violations of the rules of the department of health;
(4) Acceptance of a fee for service as a witness, without the knowledge of the court, in addition to the fee allowed by the court;
(5) Division of fees or agreeing to split or divide the fees received for dental services with any person for bringing or referring a patient;
(6) Assisting in the care or treatment of a patient, without the knowledge of the patient or the patient's legal representative;
(7) Employing, procuring, inducing, aiding, or abetting a person not licensed or registered as a dentist to engage in the practice of dentistry;
(8) Making any misrepresentations or false promises, directly or indirectly, to influence, persuade, or induce dental patronage;
(9) Professional connection or association with, or lending one's name to another for, the illegal practice of dentistry by another, or professional connection or association with any person, firm, or corporation holding oneself, themselves, or itself out in any manner contrary to this chapter;
(10) By false or fraudulent representations, obtaining or seeking to obtain practice or money or any other thing of value;
(11) Practicing, either in the State or elsewhere, under a name other than one's own;
(12) Any other improper, unprofessional, or dishonorable conduct in the practice of dentistry; [
(13) Violation of section 447-4[
(14) Refusing to accept a patient who is eligible for or is provided medical assistance under medicaid, 42 U.S.C. section 1396a (Section 1902 of the Social Security Act), or under the QUEST medical plans of the department of human services."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2004.