Report Title:

Dental Hygienists; License by Credentials

Description:

Authorizes the licensure of experienced dental hygienists who are licensed in another state with education and patient care licensing standards at least equivalent to Hawaii's standards. (HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

519

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DENTAL HYGIENISTS.

 

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

SECTION 1. The legislature finds that there is an acute shortage of dental hygienists in the State. Patients in both rural and urban settings may have no access to dental care, or no timely access to dental care. A December 2004-January 2005 poll of two hundred thirty-five dental practices located on Hawaii, Kauai, Lanai, Maui, Molokai, and Oahu reported one hundred eighty-eight practices that indicated an immediate opening for full-time and part-time dental hygienists. The dental hygiene program at the University of Hawaii at Manoa graduates less than twenty dental hygienists each year, which is insufficient to resolve the present shortage.

Staffing shortages may be solved by granting licenses to experienced dental hygienists licensed in a state that has at least as stringent education and patient care licensing requirements as Hawaii's. Requiring dental hygienists licensed in another state to retake a state or regional board examination creates an unnecessary hurdle for these licensed professionals. The State allows license by credentials for nurses holding out-of-state licenses. Granting experienced dental hygienists who are licensed in another state a license to practice in Hawaii will increase the pool of available dental hygienists, thereby improving the provision of timely dental care, and will provide enhanced opportunities for staffing community service dental programs.

The legislature further finds that the quality of patient care will be ensured by limiting licensure by credentials to experienced dental hygienists with a verifiable history of education and patient care equal to Hawaii's standards. These licensed professionals will have already demonstrated their knowledge and clinical skills by passing a state or regional board examination and by having at least three years of patient care experience. Moreover, supervision by a licensed dentist is already a requirement for practicing dental hygiene in the State, further ensuring the quality of care.

Forty-eight of the fifty states and the District of Columbia presently allow licensure by credentials, with only Florida, Georgia, and Hawaii requiring a state examination for licensure.

The purpose of this Act is to remedy the acute dental hygienist shortage in the State by authorizing licensure by credentials for experienced dental hygienists licensed in a state with at least as stringent education and patient care licensing requirements as Hawaii's requirements.

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

"§447-   License without examination for dental hygienists licensed in another state. (a) The board of dental examiners may grant a license to practice dental hygiene to an applicant who has not fulfilled the requirements of section 447-1 if the applicant is licensed to practice dental hygiene in another state and complies with the requirements of subsection (b).

(b) The applicant shall submit to the board:

(1) A completed application and all required fees;

(2) Verification of graduation from a dental hygiene program that is accredited by the American Dental Association Commission on Dental Accreditation and recognized and approved by the board, together with documentary proof of the applicant's certification in the administration of intra-oral infiltration local anesthesia and intra-oral block anesthesia;

(3) Verification of a current, active license, that is not revoked, suspended, or otherwise restricted, issued by another state with licensing standards at least equivalent to Hawaii's standards;

(4) Verification that the applicant has been lawfully engaged in the practice of dental hygiene for at least three years preceding the date of application;

(5) Verification that the applicant has not been subject to disciplinary action by any jurisdiction in which the applicant is or previously has been licensed to practice dental hygiene; provided that if the applicant has been subject to disciplinary action, the board shall review the action to determine if it warrants refusal to issue a license to the applicant;

(6) Verification that the applicant has no felony convictions of any kind that may affect the applicant's ability to render competent dental hygiene care;

(7) A letter of intent to engage in the practice of dental hygiene in the State within six months of licensure;

(8) An affidavit attesting to the applicant's professional standing and moral character from a dentist licensed and practicing in the jurisdiction in which the applicant is licensed and has been engaged in practice; and

(9) Any other information required by the board to determine the applicant's fitness for licensure; and

(10) Proof of continuing education requirements of twenty hours in the immediate two years preceding application for licensure by credentials, including CPR certification.

(c) If the candidate has failed:

(1) The Hawaii dental hygiene exam within the past five years;

(2) The Hawaii dental hygiene exam more than once, five or more years ago; or

(3) A regional dental hygiene exam more than three times without follow-up remedial courses,

the candidate shall not be eligible for licensure by credentials.

(d) Additionally, the board shall compose an approved listing of state and regional exams that meet or exceed the Hawaii dental hygiene exam standards. The board shall also establish a panel of dental hygienists tasked with the responsibility of initially reviewing the applications and making recommendation to the board for its approval."

SECTION 3. Section 447-1, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) No person shall practice dental hygiene, either gratuitously or for pay, or shall offer or attempt [so] to practice, or shall advertise or announce publicly or privately as being prepared or qualified [so] to practice, without having a license as provided in this [section] chapter [provided], nor shall any licensed dental hygienist practice except under the supervision of a licensed dentist as provided in this chapter [provided]."

SECTION 4. The board of dental examiners shall begin to receive applications for licensure pursuant to this Act without examination no later than September 1, 2005.

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.