Session of 2000
By Committee on Appropriations

  9             AN  ACT relating to the dental practices act; amending K.S.A. 1999 Supp.
10             65-1466 and repealing the existing section.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. K.S.A. 1999 Supp. 65-1466 is hereby amended to read as
14       follows: 65-1466. (a) (1) Notwithstanding any other provision of the dental
15       practices act, a not-for-profit corporation having the status of an organi-
16       zation under 26 United States Code Annotated 501(c)(3) which is also a
17       facility qualified under subsection (b) of K.S.A. 65-431 and amendments
18       thereto to select and employ professional personnel, an indigent health
19       care clinic as defined by the rules and regulations of the secretary of
20       health and environment, a federally qualified health center, or a local
21       health department may employ or otherwise contract with a person li-
22       censed under the dental practices act to provide dental services to dentally
23       indigent persons.
24             (2) Notwithstanding any other provision of the dental practices act,
25       a federally qualified health center may employ or otherwise contract with
26       a person licensed under the dental practices act to provide services to any
27       person.
28             (b) Dentally indigent persons are those persons who are: (1) Deter-
29       mined to be a member of a family unit earning at or below 200% of
30       poverty income guidelines based on the annual update of ``poverty income
31       guidelines'' published in the federal register by the United States de-
32       partment of health and human services and are not indemnified against
33       costs arising from medical and hospital care or dental care by a policy of
34       accident and sickness insurance or an employee health benefits plan; or
35       (2) eligible for medicaid; or (3) qualified for Indian health services. This
36       subsection shall not be construed to prohibit an entity under subsection
37       (a) which enters into an arrangement with a licensee under the dental
38       practices act for purposes of providing services to dentally indigent per-
39       sons pursuant to subsection (a) from defining ``dentally indigent persons''
40       more restrictively than such term is defined under this subsection.
41             (c) A licensee under the dental practices act who enters into an ar-
42       rangement with an entity under subsection (a) to provide dental services
43       pursuant to subsection (a): (1) Shall not be subject to having the licensee's


  1       license certificate suspended or revoked by the board solely as a result of
  2       such arrangement; and (2) may not permit another person who is not
  3       licensed in Kansas as a dentist, and is not otherwise competent, to engage
  4       in the clinical practice of dentistry. No entity under subsection (a) or any
  5       other person may direct or interfere or attempt to direct or interfere with
  6       a licensed dentist's professional judgment and competent practice of
  7       dentistry.
  8             (d) A dentist who is classified as ``retired'' by the Kansas dental board
  9       is not required to pay the annual renewal fee or comply with the dental
10       continuing education requirements if the dentist elects to provide dental
11       services to the indigent through one of the entities specified in subsection
12       (a). A ``retired'' dentist providing such services shall be required to comply
13       with the annual renewal requirements of the Kansas dental board.
14             (e) The Kansas dental board may adopt rules and regulations as nec-
15       essary to carry out the provisions of this section, except that no such rule
16       and regulation shall alter or affect the intent of paragraph (2) of subsection
17       (a).
18             (f) This section shall be part of and supplemental to the dental prac-
19       tices act. 
20       Sec.  2. K.S.A. 1999 Supp. 65-1466 is hereby repealed.
21        Sec.  3. This act shall take effect and be in force from and after its
22       publication in the statute book.