Statutes and Regulations and
Related Law
Relating to
Dentists
and
Dental Hygienists
Revised
March 2006
INDEX
Chapter 65 - Public Health
Article 14 - Regulation of Dentists and Dental
Hygienists Page
K.S.A. 65-1421 License Required to Practice Dentistry or Dental
Hygiene 5
65-1422 Who Deemed to be Practicing Dentistry 5
,6
65-1423
Act Inapplicable
to Certain Practices, Acts and Operation;
Definitions 6,
7
65-1424 Proprietor Defined; Revocation of License,
when 7, 8
65-1425 Corporation not to Practice Dentistry;
Exception; Employee 8
to
Display Name
65-1426 Application for License; Qualifications of
Applicants; Approval 8
of
65-1427
Specialists;
Standards and Qualifications; Certificate Fee; Limiting 8, 9
Practice;
Misdemeanor; Suspension or Revocation of License
65-1428 Examination of Applicants; Examination
Subjects and Results; 9
Licenses
65-1429 Subsequent Examination Upon Failure to Pass;
Fee 10
65-1430 Display of Name of Certificates 10
65-1431
Renewal of
License; Application; Continuing Education; Biennial 10
License
Renewal Fee; Cancellation and Reinstatement; Penalty Fee;
Waiver
for Retired or Disabled Persons; Examination for Persons
Returning
to Active Practice after Retirement or Disability
65-1431a Reinstatement of a
revoked license; application form; burden of 11
proof; conditions and restrictions; proceedings; stay
of order of
revocation of license.
65-1432 Change of Practice Location Address 11
65-1433 Duplicate Certificate; Fee 11
65-1434 Licenses Issued without Examination; Qualifications
of Applicants; 12, 13
Appearance before Board; "Applicant"
defined
65-1435 Improper Use of Certain Names by Dentists;
Exceptions; Suspension 13
or Revocation of License; (d) personally present in
the office (50% Rule)
65-1436 Grounds for refusal to Issue License or for
Action Against License 14, 15
of Dentist or Dental Hygienist; Disciplinary Action
by Board; Notice
and Hearing; Professionally Incompetent defined;
Physical or Mental
Examination
65-1437 Advertising; Prohibitions; Rules and Regulations;
"Licensee" defined 15
65-1438 Using
Services of Unlicensed Person; Written Prescription; 16
Misdemeanors;
Suspension or Revocation of License
65-1439 Unlawful Advertising or Use of Dental
Services and Appliances; 16
Misdemeanor; Revocation of License
65-1441
Certificate; Misdemeanor; Fraud or Cheating
65-1442 Board to Assist Prosecuting Officers 17
65-1444 Drugs; Surgery; Anaesthetics; Appliances;
Qualifications for 17
Administering Intravenous Sedation and General
Anesthetics; Rules
and Regulations; Assistant Administering and
Monitoring Nitrous
Oxide or Oxygen, requirements
65-1445 Druggists may fill Prescriptions 17
65-1446 Title and Letters 17
65-1447 Fees; fixed by Board; Guidelines and
Limitations 17,
18
65-1448 Wartime Fee Remittance Rules 18
65-1449 Revocation or Suspension of License, Statement
of Charges; 18
Emergency Adjudication; Temporary Suspension or
Limitation
65-1451 Injunctions 18,
19
65-1452 Subpoenas and Testimony 19
65-1453 Taking of Depositions 19
65-1454 Witnesses; Incriminating Testimony Compelled;
Exempt from 19
Prosecution
65-1455 Licensing of Dental Hygienists; Examination,
Fee; Annual 19, 20
Registration Fee; Qualifications; Display of License;
Approval of
Schools of Dental Hygiene, Criteria; Unlawful
Practice of Dental
Hygiene, Penalties
65-1456 Dental Hygienists; Suspension or Revocation
of Licenses, when; 20-22
Notice and Hearing; Practice of Dental Hygiene
defined; Rules and
Regulations; Supervision defined; Issuance of
Permits; Authorized
Activities,
Requirements;
(f) Extended
Care Permit II 21
(g)
(1) Extended Care Permit I 21
65-1457 Same: Duty to Register 22
65-1458 Dentists and Dental Hygienists; Revocation or
Suspension of 22
Licenses; Hearing; Review
65-1459 Dental Interns, Rules and Regulations;
Revocation of Permits 22,
23
65-1460 Penalties for Violations 23
65-1461 Invalidity of Part 23
65-1462 Immunity from Liability in Civil Actions for
Reporting,
Communicating
and investigating Certain Information Concerning
Alleged
Malpractice Incidents and Other Information; Conditions
65-1464 Citation of Dental Practices Act 23
65-1465 Denture or Dental Prosthesis to be marked
with Name or Social 24
Number, or both, of Patient
65-1466 Dental Services for Dentally Indigent Persons;
Entities Authorized 24
to Employ or Contract with Persons Licensed under
Dental Practices
Act for such services; Requirements for Retired
Dentists Providing
Such Dental Services
65-1467 Dental Board Complaints and Related
Information confidential, 24,
25
limited disclosure authorized
65-1468 Professional liability
insurance required to practice dentistry 25
65-1469
Application of this section 25,
26
Article 14.-Kansas Dental Board
74-1404
Vacancies
74-1405 Officers; Seal; Meetings; Office; Service of
Process; Compensation 27
and Expenses; Secretary-Treasurer, Duties and
Compensations;
National Affiliation; Disposition of Moneys; Dental
Board Fee Fund
74-1406 Powers and Duties 28
74-1407 Record Book of Licensees; Copy as Evidence;
Fee for Certified 28
Copies; Approval
74-1408 Report to Legislature on Plans
for Increasing Number of Dental 28
Hygienists
Article 1 – Examinations
K.A.R. 71-1-4 Requirements for Re-Examination 29
71-1-9 Examination on Dental Law of
71-1-15 Dental recordkeeping requirements 30
71-1-18 Sterilization and Infection Control 30-32
71-1-19 Pro-ration of Fees 32
71-1-20 Reinstatement of License Fee 32
71-1-21 Suspension, Termination, or Denial of
Licensee's Authority 32,
33
to Practice When Found in Contempt of Court pursuant
to
K.S.A. 20-1204a(f).
Article 2 - Specialists
71-2-2 Branches of Dentistry 33
71-2-3 Committee for Specialists Examination 34
71-2-5 Qualifications and Requirements of an Applicant for
Certification 34
as a Specialist
71-2-7 Additional Requirements and Qualifications for Specialist 35
71-2-11 Revocation of Specialist Certificate 35
Article 3 - Dental Hygienists
71-3-1 Prohibited Advertising 35
71-3-2 Permitted Advertising 35
71-3-4 Duty to Notify Board as to Residence and Office Address 35
71-3-7 Procedures that may be Performed under General Supervision 36
71-3-8 Refresher Course 36
71-3-9 Extended Care Permits 36,
37
Article 4 - Continuing Education Requirements
71-4-1 Continuing Education Credit Hours Required for Renewal License 37
of Dentist and Dental Hygienist
71-4-2 Approved Continuing Dental Education 37, 38
71-4-3 Continuing Dental Education Reports 38
Article 5 - Sedative and General Anaesthesia
71-5-1 Sedative and General Anaesthesia-Definitions 38,
39
71-5-2 Level I and II Permits; Scope of Treatment 39
71-5-3 Level I Permit Requirements 39
71-5-4 Level II Permit Requirements 39,
40
71-5-5 Level I and II Permits; General Requirements and Procedures 40
71-5-6 Level I and II Permits; Revocation, Suspension or Limitation 40
Article 6 - Dental Auxiliaries
71-6-1 Dental Auxiliaries-Definitions 41
71-6-2 Acts Restricted 41
71-6-3 Approved Instruction Course 41
71-6-4 Subgingival Scaling 41
71-6-5 Duty to Notify Board 42
71-6-6 Coronal Polishing 42
Article 7 – Advertising
71-7-1 Prior submission to the board 42
Article 8 –
71-8-1 Applicability of other regulations 42
71-8-2 Registration fee 42
71-8-3 Renewal of registration 42
71-8-4 Office address and telephone number 42
71-8-5 Written procedures; communication; conformity with requirements;
driver requirements; consent forms; follow-up
treatment 43
71-8-6
Identification of
personnel; notification of changes in written
procedures;
display of licenses 43
71-8-7 Identification of location of services 43
71-8-8 Information for patients 43,
44
71-8-9 Cessation of operations 44
Related Laws
38-1522 Reporting of Certain Abuse or Neglect of
Children; Persons 44,
45
Reporting; Reports, made to Whom; Penalties to Report
or
Interference with making a Report
68-20-18 Information Concerning
Prescriptions 45-47
68-20-19 Controlled
Substances listed in Schedule II 47,
48
65-4921 Risk Management-Definitions 48,
49
65-4923 Reporting Requirements 49,
50
65-4924 Reports Relating to Impaired Providers;
Procedures 50,
51
65-4926 Immunity from Civil Liability for Report or
Investigation, Limits 51
65-4927 Failure to Report; Remedies; Immunity from
Civil Liability 51
74-146 Licensing Bodies; Procedures to Suspend or Terminate a
Professional 51, 52
License
74-147 Notice of Contempt, Warrant or Subpoena Outstanding to Licensing 52
Body; Temporary License; Ability to Revoke or
Suspend; Court
Jurisdiction
20-1204a Indirect Contempt;
Procedure 52-54
Chapter 65.
--PUBLIC HEALTH
Article 14. --REGULATION OF DENTISTS AND
DENTAL HYGIENISTS
K.S.A. 65-1421. License
required to practice dentistry or dental hygiene. It shall be unlawful for
any person to practice dentistry or dental hygiene in the state of
(a) Those who are now duly licensed dentists, pursuant
to law;
(b) those who are now duly licensed dental hygienists,
pursuant to law;
(c) those who may hereafter be duly licensed as
dentists or dental hygienists, pursuant to the provisions of this act.
History: L. 1943, ch. 221, § 4; L. 2000, ch. 169, § 1; July 1.
Source or prior law:
65-1401,
65-1404.
Research and Practice Aids:
Physicians
and Surgeons (West Key) 5(1).
C.J.S.
Physicians and Surgeons § 6 et seq.
Attorney General's Opinions:
Act
inapplicable to certain practices, acts and operations; exceptions. 89-70.
CASE ANNOTATIONS
1.
Section applied; defendant in violation of permanent injunction. Bongers v.
Madrigal, 1 K.A.2d 198, 563 P.2d 515.
Law Review and Bar Journal References:
"Reconsidering
the Regulation of Health Professionals in
Attorney General's Opinions:
Dental
act not applicable to certain practices, acts and operations. 95-29.
Board
of dental examiners; changing number of members constituting a quorum. 96-32.
65-1422. Persons deemed
to be practicing dentistry. A person shall be deemed to be practicing
dentistry:
(a) Who performs, or attempts or professes to perform,
any dental operation or oral surgery or dental service of any kind,
gratuitously or for a salary, fee, money or other remuneration paid, or to be
paid directly or indirectly, to such person or to any other person or agency
who is a proprietor of a place where dental operations, oral surgery or dental
services are performed; or
(b) who directly or indirectly, by any means or
method, takes impression of the human tooth, teeth, jaws or performs any phase
of any operation incident to the replacement of a part of a tooth; or
(c) who supplies artificial substitutes for the
natural teeth, or who furnishes, supplies, constructs, reproduces or repairs
any prosthetic denture, bridge, appliance or any other structure to be worn in
the human mouth, except on the written prescription of a licensed dentist; or
(d) who places such appliance or structure in the
human mouth, or adjusts or attempts or professes to adjust the same, or
delivers the same to any person other than the dentist upon whose prescription
the work was performed; or
(e) who professes to the public by any method to
furnish, supply, construct, reproduce or repair any prosthetic denture, bridge,
appliance or other structure to be worn in the human mouth; or
(f) who diagnoses, or professes to diagnose, prescribe
for, or professes to prescribe for, treats, or professes to treat, disease,
pain, deformity, deficiency, injury or physical condition of the human teeth or
jaws, or adjacent structure; or
(g) who extracts, or attempts to extract, human teeth,
or corrects or attempts to correct, malformations of teeth or of the jaws; or
(h) who repairs or fills cavities in the human teeth;
or
(i) who diagnoses, makes and adjusts appliances to
artificial casts or malposed teeth for treatment of the malposed teeth in the
human mouth, with or without instruction; or
(j) who uses a roentgen or x-ray machine for the
purpose of taking dental x-rays or roentgenograms; or
(k) who gives, or professes to give, interpretations
or readings of dental x-rays or roentgenograms; or
(l) who administers an anesthetic of any nature in
connection with a dental operation; or
(m) who uses the words dentist, dental surgeon, oral
surgeon, or the letters D.D.S., D.M.D., or any other words, letters, title or
descriptive matter which in any way represents oneself as being able to
diagnose, treat, prescribe or operate for any disease, pain, deformity,
deficiency, injury or physical condition of the teeth or jaws or adjacent
structures; or
(n) who states, or professes, or permits to be stated
or professed by any means or method whatsoever that such person can perform or
will attempt to perform dental operations or render a diagnosis connected
therewith.
History: L. 1943, ch. 221, § 5; L. 2000, ch. 169, § 2; July 1.
Source or prior law:
65-1405.
Research and Practice Aids:
Physicians
and Surgeons (West Key) 6(2).
C.J.S.
Physicians and Surgeons §§ 10, 23.
Attorney General's Opinions:
Act
inapplicable to certain practices, acts and operations; exceptions. 89-70.
Attorney General's Opinions:
Dental
hygienists; dental hygiene practice defined; rules and regulations;
supervision; permits for dental screening. 93-151.
CASE ANNOTATIONS
1.
Dental board has authority to reinstate previously revoked license although no
express statutory language so provides. Pitts v.
65-1423. Act
inapplicable to certain practices, acts and operations; definitions. (a)
Nothing in this act shall apply to the following practices, acts and
operations:
(1) To the practice of a person licensed to practice
medicine and surgery under the laws of this state, unless such person practices
dentistry as a specialty;
(2) to the performance by a licensed nurse of a task
as part of the administration of an anaesthetic for a dental operation under
the direct supervision of a licensed dentist or person licensed to practice
medicine and surgery so long as the anaesthetic given under the direct
supervision of a licensed dentist is consistent with the anaesthetic the
dentist is authorized to administer under K.S.A. 65-1444 and amendments thereto
and consistent with subsection (a) of K.S.A. 65-1162 and amendments thereto and
subsection (e) of K.S.A. 65-1163 and amendments thereto;
(3) to the giving by a registered nurse anesthetist of
an anaesthetic for a dental operation in an interdependent role as a member of
a physician or dentist directed health care team;
(4) the practice of dentistry in the discharge of
their official duties by graduate dentists or dental surgeons in the
(5) the practice of dentistry by a licensed dentist of
other states or countries at meetings of the Kansas state dental association or
components thereof, or other like dental organizations approved by the board,
while appearing as clinicians;
(6) to the filling of prescriptions of a licensed
dentist as hereinafter provided by any person or persons, association,
corporation or other entity, for the construction, reproduction or repair of
prosthetic dentures, bridges, plates or appliances to be used or worn as
substitutes for natural teeth, provided that such person or persons,
associations, corporation or other entity, shall not solicit or advertise,
directly or indirectly by mail, card, newspaper, pamphlet, radio or otherwise,
to the general public to construct, reproduce or repair prosthetic dentures,
bridges, plates or other appliances to be used or worn as substitutes for
natural teeth;
(7) to the use of roentgen or x-ray machines or other
rays for making radiograms or similar records, of dental or oral tissues under
the supervision of a licensed dentist or physician except that such service
shall not be advertised by any name whatever as an aid or inducement to secure
dental patronage, and no person shall advertise that such person has, leases,
owns or operates a roentgen or x-ray machine for the purpose of making dental
radiograms of the human teeth or tissues or the oral cavity, or administering
treatment thereto for any disease thereof;
(8) except as hereinafter limited to the performance
of any dental service of any kind by any person who is not licensed under this
act, if such service is performed under the supervision of a dentist licensed
under this act at the office of such licensed dentist except that such
nonlicensed person shall not be allowed to perform or attempt to perform the
following dental operations or services:
(A) Any and all removal of or addition to the hard or
soft tissue of the oral cavity;
(B) any and all diagnosis of or prescription for
treatment for disease, pain, deformity, deficiency, injury or physical
condition of the human teeth or jaws, or adjacent structure;
(C) any and all correction of malformation of teeth or
of the jaws;
(D) any and all administration of general or local
anesthesia of any nature in connection with a dental operation; or
(E) a prophylaxis, except that individuals who are not
licensed but who are operating under the direct supervision of a dentist may
(i) coronal polish teeth as defined by rules and regulations of the board and
(ii) coronal scale teeth above the gum line as long as such procedure is not
performed on a patient who has undergone local or general anesthesia at the
time of the procedure, is undertaken by a nonlicensed person who has
successfully completed necessary training for performing such dental procedure
in a course of study approved by the board, which course of study is consistent
with American dental association accreditation standards and includes but is
not limited to adequate instruction on scaling the teeth and recognition of
periodontal disease, is undertaken by a person who has met the experience
requirements for performing such procedures as established by the board;
(9) the practice of dentistry by a dental student, the
practice of dental hygiene by a dental hygiene student or the performance of
duties permitted under the dental practices act to unlicensed persons by a
dental assisting student, provided that (i) the procedures are performed as
part of the educational program of dental, dental hygiene or dental assisting
that has been approved by the board and in a facility operated or overseen by
the approved program and (ii) the
student is under the supervision of a dentist or dental hygienist who is either
licensed in the state of Kansas or who is eligible to be licensed in Kansas and
has an application to be licensed in Kansas pending, serving as a faculty
member of the program;
(10) the actions of persons while they are taking
examinations for licensure administered or approved by the board; or
(11) the actions of persons while administering examinations
approved by the board.
(b) As used in this section:
(1) "Removal of or addition to the hard or soft
tissue of the oral cavity" means: (A) A surgical or cutting procedure on
hard or soft tissues; (B) the grafting of hard or soft tissues; (C) the final
placement or intraoral adjustment of a fixed crown or fixed bridge; and (D)
root planing or the smoothing of roughened root surfaces.
(2) "Diagnosis of or prescription for treatment
for disease, pain, deformity, deficiency, injury or physical condition of the
human teeth or jaws or adjacent structure" means: (A) A comprehensive
examination; (B) diagnosis and treatment planning; and (C) the prescription of
a drug, medication or work authorization.
(3) "Correction of malformation of teeth or the
jaws" means surgery, cutting or any other irreversible procedure.
(4) "General or local anesthesia of any nature in
connection with a dental operation" means any general anaesthetic and any
local anaesthetic whether block or infiltration but shall not include the administration
and monitoring of the analgesic use of nitrous oxide or oxygen, or both.
History: L. 1943, ch. 221, § 6; L. 1967, ch. 341, §1; L. 1994,
ch. 169, § 1; L. 1997, ch. 30, § 1; L. 1998, ch. 141, § 1; L. 2000, ch. 169, §
3; L. 2001, ch. 145, §1, July 1.
Source or prior law:
65-1405.
Attorney General's Opinions:
Act
inapplicable to certain practices, acts and operations; exceptions. 89-70.
Attorney General's Opinions:
Dental
hygienists; dental hygiene practice defined; rules and regulations; supervision;
permits for dental screening. 93-151.
Dental
act not applicable to certain practices, acts and operations. 95-29.
Scaling
and coronal polishing performed by an unlicensed dental assistant; regulation
of dental assistants. 1998-50.
CASE ANNOTATIONS
1. Noted in dissent assertion that expert witness licensed in different profession from defendant should not be allowed to testify in medical malpractice action. Tompkins v. Bise, 259 K. 39, 52, 910 P.2d 185 (1996).
65-1424. Proprietor
defined; revocation of license, when. The term "proprietor" as
used in this act includes any person who:
(a) Employs dentists or dental hygienists in the
operation of a dental office; or
(b) places in possession of a dentist or dental
hygienists or other agent such dental material or equipment as may be necessary
for the management of a dental office on the basis of a lease or any other
agreement for compensation for the use of
such material, equipment or offices; or
(c) retains the ownership or control of dental
equipment or material or office and makes the same available in any manner for
the use by dentists or dental hygienists or other agents except that nothing in
this subsection (c) shall apply to bona fide sales of dental equipment or
material secured by a chattel mortgage or retain title agreement.
A licensee of dentistry who enters into any of the
above-described arrangements with an unlicensed proprietor may have such
license suspended or revoked by the board.
The estate or agent for a deceased or substantially
disabled dentist may employ dentists, for a period of not more than one year,
to provide service to patients until the practice can be sold.
History: L. 1943, ch. 221, § 7; L. 1996, ch. 85, § 1; L. 2000,
ch. 169, § 4; July 1.
Attorney
General's Opinions:
Dentally indigent person; entities authorized to
employ or contract with licensees under dental practices act for services for
such persons. 97-84.
65-1425. Corporations
not to practice dentistry; exception; employee to display name. Except as
provided in K.S.A. 17-2706 et seq.,
no corporation shall practice, offer, or undertake to practice or hold it out
as practicing dentistry. Every person practicing dentistry as an employee of
another shall cause his name to be conspicuously displayed and kept in a
conspicuous place at the entrance of the place where such practice is
conducted: Provided, however, That
nothing herein contained, shall prohibit a licensed dentist from practicing
dentistry as the agent or employee of another licensed dentist in this state,
or from practicing dentistry as the agent or employee of any state hospital or
state institution where his only remuneration is from the state, or from any
corporation which provides dental service for its employees at no profit to the
corporation.
History: L. 1943, ch. 221, § 8; L. 1974, ch. 250, § 1; July 1.
Source or
prior law:
65-1416.
Research and
Practice Aids:
Corporations (West Key) 370(1).
C.J.S. Corporations § 941.
65-1426. Application
for license; temporary license; qualifications
of applicants; approval of dental schools or colleges.
(a) Except as otherwise provided in subsection (c) or subsection
(d), every person who desires to practice dentistry in this state shall file
with the executive director of the board a written application for a license,
and furnish satisfactory proof that the applicant is at least 21 years of age,
of good moral character and a graduate of a dental school or college approved
by the board. Such application shall be upon the form prescribed and furnished
by the board and verified by the oath of the applicant and shall be accompanied
by the required fee and a recent unmounted, autographed photograph of the
applicant.
(b) The board shall approve only those dental schools
or colleges which require the study of dentistry and dental surgery and which
the board determines have standards of education not less than that required
for accreditation by the commission on dental accreditation of the American
dental association or its equivalent.
(c) Notwithstanding the provisions of subsection (a),
the board shall consider an application of: Any graduate of a dental school
which has not been approved by the board if the applicant successfully
completes a course of remedial or refresher instruction offered by a dental
school or college where both the course and the school have been approved by
the board.
(d) Any
graduate of an accredited dental school, dental college or dental department of
a college or university, who: (1) Has a D.D.S. or D.M.D. degree and is
otherwise qualified; (2) is not licensed to practice dentistry in Kansas; and
(3) holds a license to practice in the state from which they are applying, upon
application, may be issued a temporary license of not more than 14 calendar
days to provide dental services under subsection (f)(4) of K.S. A. 75-6102, and
amendments thereto.
(e) The board is hereby authorized and empowered to
adopt such further rules in regard to the qualifications of applicants for
licensure, not in conflict with this section, as it from time to time may deem
necessary and proper.
(f) The board shall adopt rules and regulations
establishing the criteria which a school shall satisfy in meeting the standards
of education established under subsection (b). The board may send a
questionnaire developed by the board to any school for which the board does not
have sufficient information to determine whether the school meets the
requirements of subsection (b) and rules and regulations adopted under this
section. The questionnaire providing the necessary information shall be
completed and returned to the board in order for the school to be considered
for approval. The board may contract with investigative agencies, commissions
or consultants to assist the board in obtaining information about schools. In
entering such contracts the authority to approve schools shall remain solely
with the board.
History: L. 1943, ch. 221, § 9; L. 1978, ch. 237, § 1; L.
1981, ch. 246, § 1; L. 1983, ch. 209, § 1; L. 1988, ch. 243, § 4; L. 2002, ch.
38, subsection 1; L. 2003, ch. 82, subsection 1; July 1.
65-1427. Specialists;
standards and qualifications; certificate fee; limiting practice; misdemeanor;
suspension or revocation of license. (a) No dentist shall announce or hold
out to the public that such dentist is a specialist, or is specially qualified
in any particular branch of dentistry, or as giving special attention to any
branch of dentistry, or limiting such dentist's practice to any branch of
dentistry, unless such dentist has complied with additional requirements
established by the board, and has been issued a certificate of qualification
authorizing such dentist to do so.
(b) The board is hereby empowered to establish higher
standards and additional requirements for any dentist who desires to announce
or hold out to the public that such dentist is specially qualified in any
particular branch of dentistry. The board is hereby empowered to give such
examination as it may deem necessary to determine the qualifications of applicants
and may secure such assistance as the board may deem advisable in determining
the qualifications of applicants.
(c) Upon application to the board of any licensed
dentist in this state, the board may issue a certificate of qualification to
such dentist authorizing the applicant to hold out, or to announce, to the
public that such dentist is specially qualified in, or limits such dentist's
practice to, or gives special attention to any one of the recognized branches
of dentistry. The application to the board shall be upon such form and contain
such information as the board may require and shall be accompanied by a
certificate fee to assist in defraying the expenses in connection with the
issuance of such certificates of qualification fixed by the board pursuant to
K.S.A. 65-1447.
(d) Any dentist holding a certificate of qualification
under this section of the act may announce the limitation of such dentist's
practice by using such terms and in such manner as the board may approve,
together with the name of such branch of dentistry for which such dentist is
authorized to hold out to the public that such dentist has special
qualifications. Any dentist who shall hold out, or announce in any manner, by
the use of any terms signifying or indicating to the public that such dentist's
practice is limited, or is specially qualified in any particular branch of
dentistry, or that such dentist gives special attention to any particular
branch of dentistry, or shall use equivalent words or phrases to announce the
same, without having obtained a certificate of qualification therefor, shall be
guilty of a misdemeanor, and the license of such dentist to practice dentistry
shall be subject to suspension or revocation. Any announcement in the manner
indicated in this section shall be prima facie evidence that such dentist is
practicing in one branch of dentistry.
History: L. 1943, ch. 221, § 10; L. 1953, ch. 289, § 1; L.
1980, ch. 189, § 1; July 1.
Research and Practice Aids:
Physicians
and Surgeons (West Key) 4, 6(2), 11(2).
C.J.S.
Corporations § 956; Physicians and Surgeons §§ 10, 17, 23.
65-1428. Examination of
applicants; examination subjects and results; licenses. (a) Each applicant
for licensure as a dentist shall be examined by the board or by a testing
organization or an organization of one or more state boards formed for the
purpose of conducting a standard clinical examination of candidates for
licensure as dentists if the board has approved each such organization and
determined that the examinations given meet the requirements of this act. For
such testing organizations or organization of one or more state boards that
certify the test results for a limited period of time, the examination must
have been taken and passed no longer before the date of application than the certification
period. All examinations provided for in this act shall be conducted in a fair
and wholly impartial manner. The examination shall be both theoretical and
clinical, and shall thoroughly test the qualifications of each applicant to
practice dentistry.
(b) The examination shall include the following
subjects: Pathology, radiology, bacteriology, treatment planning, clinical
dentistry, operative dentistry, prosthetics, crown and bridge technique,
orthodontia, materials in dentistry, diet and nutrition, oral hygiene and
prophylaxis, preventive medicine, peridontia, anesthesia, oral surgery, oral
medicine, principles of medicine and pharmacology, anatomy, physiology,
histology, chemistry, embryology and such subdivisions of these general
subjects as relate to the practice of dentistry and laws of this state
regulating the practice of dentistry.
The results of all such examinations shall be filed
with the executive director of the board and kept for reference and inspection
for a period of not less than two years.
(c) Each applicant who has attained a passing grade on
each examination required by the board and has met all other requirements for
licensure set forth in this act shall be granted a license by the board. Every
license issued under this act shall be in the form prescribed by the board. A
license to practice dentistry shall not be construed as a property right, but a
valuable right contingent upon the practice of the licensee in accordance with
the provisions of law relating to the practice of dentistry and any rules and
regulations adopted pursuant thereto.
History: L. 1943, ch. 221, § 11; L. 1983, ch. 209, § 2; L.
2000, ch. 169, § 5; L. 2002, ch 38, §2, July 1.
Source or prior law:
65-1404,
65-1404a.
Research and Practice Aids:
Physicians
and Surgeons (West Key) 5(2).
C.J.S. Physicians and Surgeons §§ 13, 23.
65-1429. Subsequent
examination upon failure to pass; fee. Any applicant who fails to pass one
or more sections of an examination given or approved by the board upon the
first trial shall have a right to retake the examination. Any applicant who
fails to pass the examination upon the first trial may be given credit for such
sections of the examination as the board determines have been successfully
completed by the applicant, but such credits shall be extended only to the
succeeding examination. If the applicant shall fail to pass the examination on
the second trial the applicant shall complete such additional or remedial
instruction and training as the board shall, by rules and regulations, require
prior to a third trial. After the third trial the board, within its discretion,
may deny the applicant another examination.
History: L. 1943, ch. 221, § 12; L. 1955, ch. 290, § 1; L.
1980, ch. 189, § 2; L. 1983, ch. 209, § 3; July 1.
Source or prior law:
65-1404a.
65-1430. Display of
name and license. Every practitioner of dentistry within the meaning of
this act shall post and keep conspicuously displayed the dentist's name,
license and current license renewal certificate in each office in which the
dentist practices, in plain sight of patients, and if there is more than one
dentist practicing or employed in any office the manager or proprietor of such
office shall post or display, or cause to be posted and displayed, in like
manner the name and license of each dentist so practicing or employed in such
office.
History: L. 1943, ch. 221, § 14; L. 2000, ch. 169, § 6; July
1.
Source or prior law:
65-1419.
65-1431. Renewal of
license; application; continuing education; biennial license renewal fee; cancellation;
penalty fee; waiver for retired or disabled persons; examination for persons
returning to active practice after retirement or disability. (a) On or
before December 1 of each even-numbered year, each licensed dentist shall
transmit to the secretary of the board a renewal application, upon a form
prescribed by the board, which shall include such licensee's signature,
post-office address, office address, the number of the license of such
licensee, whether such licensee has been engaged during the preceding licensure
period in active and continuous practice, whether within or without this state,
and such other information as may be required by the board, together with the
biennial licensure fee for dentists which is fixed by the board pursuant to
K.S.A. 65-1447 and amendments thereto.
(b) On or before December 1 of each odd-numbered year,
each dental hygiene licensee of the Kansas dental board shall transmit to the
secretary of the board a renewal application, upon a form prescribed by the
board, which shall include such licensee's signature, post office address, the
number of the license of such licensee, whether such licensee has been engaged
during the preceding licensure period in active and continuous practice whether
within or without this state, and such other information as may be required by
the board, together with the biennial licensure fee for a dental hygienist
which is fixed by the board pursuant to K.S.A. 65-1447 and amendments thereto.
(c) The board shall require every licensee to submit
with the renewal application evidence of satisfactory completion of a program
of continuing education required by the board. The board by duly adopted rules
and regulations shall establish the requirements for such program of continuing
education as soon as possible after the effective date of this act. In
establishing such requirements the board shall consider any existing programs
of continuing education currently being offered to such licensees.
(d) Upon fixing the biennial license renewal fee, the
board shall immediately notify all licensees of the amount of the fee for the
ensuing licensure period. Upon receipt of such fee and upon receipt of evidence
that the licensee has satisfactorily completed a program of continuing
education required by the board, the licensee shall be issued a renewal license
authorizing the licensee to continue to practice in this state for a period of
two years.
(e) (1) Any license granted under authority of this
act shall automatically be canceled if the holder thereof fails to apply for
and obtain renewal prior to March 1 of the year following the December in which
a renewal application is due.
(2) Any licensee whose license is required to be
renewed for the next biennial period may obtain renewal, prior to February 1,
by submitting to the board the required renewal application, payment of the
biennial renewal fee and proof that such licensee has satisfactorily completed
a program of continuing education required by the board. Any licensee whose
license is required to be renewed for the next biennial period may obtain
renewal, between February 1 and March 1, by submitting to the board the
required renewal application, payment of the biennial renewal fee, payment of a
penalty fee of not to exceed $500 as fixed by rules and regulations by the
board and proof that such licensee has satisfactorily completed a program of
continuing education required by the board. The penalty fee in effect
immediately prior to the effective date of this act shall continue in effect
until rules and regulations establishing a penalty fee under this section
become effective.
(f) Upon failure of any licensee to pay the applicable
renewal fee or to present proof of satisfactory completion of the required
program of continuing education by February 1 of the year following the
December in which a renewal application is due, the board shall notify such
licensee, in writing, by mailing notice to such licensee's last registered
address. Failure to mail or receive such notice shall not affect the
cancellation of the license of such licensee.
(g) The board may waive the payment of biennial fees
and the continuing education requirements for the renewal of licenses without
the payment of any fee for a person who has held a Kansas license to practice
dentistry or dental hygiene if such licensee has retired from such practice or
has become temporarily or permanently disabled and such licensee files with the
board a certificate stating either of the following:
(1) A retiring licensee shall certify to the board
that the licensee is: (A) not engaged, except as provided in K.S.A. 2000 Supp.
65-1466 and amendments thereto, in the provision of any dental service, the
performance of any dental operation or procedure or the delivery of any dental
hygiene service as defined by the statutes of the state of Kansas; or
(2) a disabled licensee shall certify to the board
that such licensee is no longer engaged in the provision of dental services,
the performance of any dental operation or the provision of any dental hygiene
services as defined by the statutes of the state of Kansas by reason of any
physical disability, whether permanent or temporary, and shall describe the
nature of such disability.
(h) The waiver of fees under subsection (g) shall
continue so long as the retirement or physical disability exists. Except as
provided in K.S.A. 2000 Supp. 65-1466 and amendments thereto, in the event the
licensee returns to the practice for which such person is licensed, the
requirement for payment of fees and continuing education requirements shall be
reimposed commencing with and continuing after the date the licensee returns to
such active practice. Except as provided in K.S.A. 2000 Supp. 65-1466 and
amendments thereto, the performance of any dental service, including consulting
service, or the performance of any dental hygiene service, including consulting
service, shall be deemed the resumption of such service, requiring payment of
license fees.
(i) The Kansas dental board may adopt such rules and
regulations requiring the examination and providing means for examination of
those persons returning to active practice after a period of retirement or
disability as the board shall deem necessary and appropriate for the protection
of the people of the state of Kansas except that for an applicant to practice
dental hygiene who is returning to active practice after a period of retirement
or disability, the board shall authorize as an alternative to the requirement
for an examination that the applicant successfully complete a refresher course
as defined by the board in an approved dental hygiene school.
History: L. 1943, ch. 221, § 15; L. 1953, ch. 289, § 2; L.
1955, ch. 290, § 3; L. 1963, ch. 315, § 1; L. 1974, ch. 251, § 1; L. 1976, ch.
274, § 2; L. 1980, ch. 189, § 3; L. 1983, ch. 209, § 4; L. 1996, ch. 85, § 2;
L. 1996, ch. 210, § 3; L. 1999, ch. 34, § 1; L. 1999, ch. 149, § 5; L. 2000,
ch. 169, § 7;L. 2001, ch. 155, §1; L. 2002, ch. 38, §3; July 1.
Source or prior law:
65-1406a,
65-1409.
Reviser’s Note:
Section
was also amended by L. 1996, ch. 210, §2, but that version was repealed by L.
1996, ch. 210, §7.
Section
was also amended by L. 1999, ch. 11, § 1, but that version was repealed by L.
1999, ch. 149, § 14.
65-1431a. Reinstatement
of a revoked license; application form; burden of proof; conditions and
restrictions; proceedings; stay of order of revocation of license. (a) A
person whose license has been revoked may apply for reinstatement of the
license after the expiration of three years from the effective date of the
revocation. Application for reinstatement shall be on a form provided by the
board and shall be accompanied by a reinstatement of a revoked license fee
established by the board under K.S.A. 65-1447 and amendments thereto. The
burden of proof by clear and convincing evidence shall be on the applicant to
show sufficient rehabilitation to justify reinstatement of the license. The
applicant shall comply with all conditions imposed by the board in establishing
justification for rehabilitation. The board may establish conditions or restrictions
on the reinstatement of the applicant's license as it deems appropriate. If the
board determines a license should not be reinstated, the person shall not be
eligible to reapply for reinstatement for three years from the effective date
of the denial. All proceedings conducted on an application for reinstatement
shall be in accordance with the provisions of the
(b) This section shall be part of and supplemental to
the dental practices act.
History: L. 2000, ch. 169, § 20; July 1.
65-1432. Change of
practice location address. Every licensed dentist, upon establishing a
practice location or upon changing the place at which such licensed dentist
practices dentistry shall furnish the executive director of the board within 30
days after such action the new practice location address.
History: L. 1943, ch. 221, § 16; L. 1999, ch. 34, § 2; L.
2002, ch 38, §4; July 1.
65-1433. Duplicate
license; fee. In case of a lost or destroyed license, and upon satisfactory
proof of the loss or destruction thereof, the board may issue a duplicate
license upon payment of the duplicate license fee fixed by the board pursuant
to K.S.A. 65-1447 and amendments thereto.
History: L. 1943, ch. 221, § 17; L. 1980, ch. 189, § 4; L.
2000, ch. 169, § 8; July 1.
65-1434. Licenses
issued without examination; qualifications of applicants; appearance before
board; "applicant" defined. (a) The board, without examination,
may issue a license as a dentist or dental hygienist to an applicant holding a
license in another state upon compliance with the requirements of professional
qualification and experience set forth in subsection (b). The board shall
prepare and adopt a form of application to be submitted by an applicant for a
license to be issued under this section. On the receipt of any such application,
the board shall conduct such review, verification or other investigation of the
applicant and the professional qualifications, background, experience and
practice of the applicant as the board deems necessary to assure full
compliance with the requirements of this section. Any license so issued may be
revoked by the board upon evidence that an applicant has obtained a license
under this section through misrepresentation or omission of a material fact in
the application or other information submitted to the board.
(b) Each applicant for licensure under this section
must evidence the qualifications and meet the following requirements:
(1) Each applicant for licensure as a dentist under
this section must meet the requirements set forth in K.S.A. 65-1426 and amendments
thereto. Each applicant for licensure as a dental hygienist must meet any
applicable requirements set forth in K.S.A. 65-1455 and amendments thereto.
(2) Each applicant shall show evidence of having
successfully completed both a national board examination or an equivalent
examination accepted by the state in which the applicant has been previously
licensed, and a clinical examination, administered by any state or clinical
dental testing agency, of equivalent merit to the clinical examination accepted
by the board at the time such applicant completed such examinations.
(3) Each applicant for licensure as a dentist under
this section shall have held a license to practice dentistry in one or more
other states of the United States for the five-year period immediately
preceding the date of application and shall have engaged in the active practice
of dentistry for at least five years prior to the date of application. Each
applicant for licensure as a dental hygienist under this section shall have
held a license to practice dental hygiene in another state of the United States
for the three-year period immediately preceding the date of application and
shall have engaged in the active practice of dental hygiene for at least three
years prior to the date of application. Successive and continuous periods of
active practice in other states will comply with the active practice
requirements of this paragraph (3). For the purpose of determining the period
of practice, periods of military service will be considered to the extent
approved by the
(4) Each such applicant shall show evidence that the
applicant has fully complied with all continuing education requirements imposed
by the state or states in which the applicant has been licensed and has
practiced during the five years immediately preceding the date of the
application. In the event the state or states in which the applicant has been
licensed and practiced has no such requirement, the applicant shall provide
such information concerning continuing education received by the applicant
during the five-year period preceding application as may be required by the
board. All applicants must have completed continuing education sufficient to
comply with that continuing education required of Kansas licensees during the
twelve-month period prior to the date of the application for licensure unless
the Kansas dental board determines, for good cause shown, that the requirement
will work an undue hardship upon the applicant and the requirement is not
necessary for the protection of the people of Kansas based upon the training
and experience of the applicant.
(5) The applicant shall provide such other information
concerning the applicant and the dental education, qualification, experience
and professional conduct of the applicant as the board in its discretion deems
necessary to its determination to issue a license.
(6) Each applicant shall provide a certificate of the
secretary of the board or other agency governing licensure of dentists or
dental hygienists of the state in which the applicant has been licensed and has
practiced during the required period preceding the date of the application.
Such certificate shall state that: (A) The applicant is licensed to practice
dentistry or dental hygiene in the state; (B) the license of the applicant has
never been suspended or revoked; (C) the applicant has never been the subject
of any proceeding for suspension, revocation or other disciplinary action
initiated by the board of licensure of any such state during the period the
applicant has held a license to practice dentistry or dental hygiene in such
state; and (D) no complaint has been filed against the applicant of such
substance as, in the judgment of the board of licensure of such state, has
required the initiation of proceedings against the applicant. In the event the
applicant has practiced dentistry or dental hygiene in more than one other
state in the
(c) The
(d) The term "applicant" as used in this
section shall apply to both applicants for licensure as a dentist and
applicants for licensure as a dental hygienist unless the context otherwise
indicates.
History: L. 1943, ch. 221, § 18; L. 1983, ch. 209, § 5; L.
1984, ch. 229, § 1; L. 1999, ch. 34, § 3; L. 2002, ch. 38, § 5; July 1.
Source or prior law:
65-1404b.
Research and Practice Aids:
Physicians
and Surgeons (West Key) 5(1).
C.J.S.
Physicians and Surgeons § 6 et seq.
Attorney General's Opinions:
Dentists
and dental hygienists; qualifications; licensure; appearance before board;
applicant defined. 94-40.
65-1435. Improper use
of certain names by dentists; exceptions; unlawful acts; suspension or
revocation of license. (a) Except as otherwise provided in this section, it
shall be unlawful for any person or persons to practice or offer to practice
dentistry under any name except such person's own name, which shall be the name
used on the license granted to such person as a dentist as provided in this
act, or to use the name of any company, association, corporation, clinic, trade
name or business name in connection with the practice of dentistry as defined
in this act.
(b) A licensed dentist may use the name of any
association, corporation, clinic, trade name or business name in connection with
the practice of dentistry, as defined in this act, except that such name may
not misrepresent the dentist to the public as determined by the Kansas Dental
Board.
(c) Nothing herein contained shall be construed to
prevent two or more licensed dentists:
(1) From associating together for the practice of
dentistry, each in such person's own proper name; or
(2) from associating together for the practice of
dentistry, each as owners, in a professional corporation, organized pursuant to
the professional corporation law of Kansas, or, each as owners, in a limited
liability company organized pursuant to the Kansas revised limited liability
company act, and using a name that may or may not contain the proper name of
any such person or persons if such name has been approved by the board and from
employing non knowing licensees; or
(3) from associating together with persons licensed to
practice medicine and surgery in a clinic or professional association under a
name that may or may not contain the proper name of any such person or persons
and may contain the word "clinic."
(d) It shall be unlawful, and a licensee may have a
license suspended or revoked, for any licensee to conduct a dental office in
the name of the licensee, or to advertise the licensee's name in connection
with any dental office or offices, or to associate together for the practice of
dentistry with other licensed dentists in a professional corporation or limited
liability company, under a name that may or may not contain the proper name of
any such person or persons or to associate together with persons licensed to
practice medicine and surgery in a clinic or professional association under a
name that may or may not contain the proper name of any such person or persons
and may contain the word "clinic," unless such licensee is personally
present in the office operating as a dentist or personally overseeing such
operations as are performed in the office or each of the offices during a
majority of the time the office or each of the offices is being operated.
(e) Nothing in this section shall be construed to
permit the franchise practice of dentistry.
(f) The violation of any of the provisions of this
section by any dentist shall subject such dentist to suspension or revocation
of a license.
History: L. 1943, ch. 221, § 19; L. 1984, ch. 230, § 1; L.
2000, ch. 169, § 9; July 1.
Research and Practice Aids:
Physicians
and Surgeons (West Key) 11(2).
C.J.S.
Physicians and Surgeons § 17.
Initial
interview of client, Kansas Practice Methods § 1033.
Attorney General's Opinions:
Practice under corporate name; associating together. 95-106.
65-1436. Grounds for
refusal to issue license or for action against license of dentist or dental
hygienist; disciplinary action by board; notice and hearing; professionally
incompetent defined; physical or mental examination. (a) The Kansas dental
board may refuse to issue the license provided for in this act, or may take any
of the actions with respect to any dental or dental hygiene license as set
forth in subsection (b), whenever it is established, after notice and
opportunity for hearing in accordance with the provisions of the Kansas
administrative procedure act, that any applicant for a dental or dental hygiene
license or any licensed dentist or dental hygienist practicing in the state of
Kansas has:
(1) Committed fraud, deceit or misrepresentation in
obtaining any license, money or other thing of value;
(2) habitually used intoxicants or drugs which have
rendered such person unfit for the practice of dentistry or dental hygiene;
(3) been determined by the board to be professionally
incompetent;
(4) committed gross, wanton or willful negligence in
the practice of dentistry or dental hygiene;
(5) employed, allowed or permitted any unlicensed
person or persons to perform any work in the licensee's office which
constitutes the practice of dentistry or dental hygiene under the provisions of
this act;
(6) willfully violated the laws of this state relating
to the practice of dentistry or dental hygiene or the rules and regulations of
the secretary of health and environment or of the board regarding sanitation;
(7) engaged in the division of fees, or agreed to
split or divide the fee received for dental service with any person for
bringing or referring a patient without the knowledge of the patient or the
patient's legal representative, except the division of fees between dentists
practicing in a partnership and sharing professional fees, or in case of one
licensed dentist employing another;
(8) committed complicity in association with or allowed
the use of the licensed dentist's name in conjunction with any person who is
engaged in the illegal practice of dentistry;
(9) been convicted of a felony or a misdemeanor
involving moral turpitude in any jurisdiction and the licensee fails to show that
the licensee has been sufficiently rehabilitated to warrant the public trust;
(10) prescribed, dispensed, administered or
distributed a prescription drug or substance, including a controlled substance,
in an excessive, improper or inappropriate manner or quantity outside the scope
of practice of dentistry or in a manner that impairs the health and safety of
an individual;
(11) prescribed, purchased, administered, sold or
given away prescription drugs, including a controlled substance, for other than
legal and legitimate purposes;
(12) violated or been convicted of any federal or
state law regulating possession, distribution or use of any controlled
substance;
(13) failed to pay license fees;
(14) used the name "clinic,"
"institute" or other title that may suggest a public or semipublic
activity except that the name "clinic" may be used as authorized in
K.S.A. 65-1435 and amendments thereto;
(15) committed, after becoming a licensee, any conduct
which is detrimental to the public health, safety or welfare as defined by
rules and regulations of the board;
(16) engaged in a misleading, deceptive, untrue or
fraudulent misrepresentation in the practice of dentistry or on any document
connected with the practice of dentistry by knowingly submitting any misleading,
deceptive, untrue or fraudulent misrepresentation on a claim form, bill or
statement, including the systematic waiver of patient co-payment or
co-insurance;
(17) failed to keep adequate records;
(18) the licensee has had a license to practice
dentistry revoked, suspended or limited, has been censured or has had other
disciplinary action taken, an application for license denied, or voluntarily
surrendered the license after formal proceedings have been commenced by the
proper licensing authority or another state, territory or the District of
Columbia or other country, a certified copy of the record of the action of the
other jurisdiction being conclusive evidence thereof;
(19) failed to furnish the board, or its investigators
or representatives any information legally requested by the board; or
(20) assisted suicide in violation of K.S.A. 21-3406
and amendments thereto as established by any of the following:
(A) A copy of the record of criminal conviction or
plea of guilty for a felony in violation of K.S.A. 21-3406 and amendments
thereto.
(B) A copy of the record of a judgment of contempt of
court for violating an injunction issued under K.S.A. 1999 Supp. 60-4404 and
amendments thereto.
(C) A copy of the record of a judgment assessing
damages under K.S.A. 1999 Supp. 60-4405 and amendments thereto.
(b) Whenever it is established, after notice and
opportunity for hearing in accordance with the provisions of the Kansas
administrative procedure act, that a licensee is in any of the circumstances or
has committed any of the acts described in subsection (a), the Kansas dental
board may take one or any combination of the following actions with respect to
the license of the licensee:
(1) Revoke the license.
(2) Suspend the license for such period of time as may
be determined by the board.
(3) Restrict the right of the licensee to practice by
imposing limitations upon dental or dental hygiene procedures which may be
performed, categories of dental disease which may be treated or types of
patients which may be treated by the dentist or dental hygienist. Such
restrictions shall continue for such period of time as may be determined by the
board, and the board may require the licensee to provide additional evidence at
hearing before lifting such restrictions.
(4) Grant a period of probation during which the
imposition of one or more of the actions described in subsections (b)(1)
through (b)(3) will be stayed subject to such conditions as may be imposed by
the board including a requirement that the dentist or dental hygienist refrain
from any course of conduct which may result in further violation of the dental
practice act or the dentist or dental hygienist complete additional or remedial
instruction. The violation of any provision of the dental practice act or
failure to meet any condition imposed by the board as set forth in the order of
the board will result in immediate termination of the period of probation and
imposition of such other action as has been taken by the board.
(c) As used in this section, "professionally incompetent"
means:
(1) One or more instances involving failure to adhere
to the applicable standard of dental or dental hygienist care to a degree which
constitutes gross negligence, as determined by the board;
(2) repeated instances involving failure to adhere to
the applicable standard of dental or dental hygienist care to a degree which
constitutes ordinary negligence, as determined by the board; or
(3) a pattern of dental or dental hygienist practice
or other behavior which demonstrates a manifest incapacity or incompetence to
practice dentistry.
(d) In addition to or in lieu of one or more of the
actions described in subsections (b)(1) through (b)(4), the board may assess a
fine not in excess of $10,000 against a licensee. All fines collected pursuant
to this subsection shall be remitted to the state treasurer. Of the amount so
remitted, an amount equal to the board's actual costs related to fine
assessment and enforcement under this subsection, as certified by the president
of the board to the state treasurer, shall be credited to the dental board fee
fund and the balance shall be credited to the state general fund.
(e) The board, upon its own motion or upon the request
of any licensee who is a party to a licensure action, may require a physical or
mental examination, or both, of such licensee either prior to a hearing to be
held as a part of a licensure action or prior to the termination of any period
of suspension or the termination of any restrictions imposed upon the licensee
as provided in subsection (b).
History: L. 1943, ch. 221, § 20; L. 1972, ch. 231, § 11; L.
1975, ch. 462, § 86; L. 1983, ch. 209, § 6; L. 1984, ch. 230, § 2; L. 1984, ch.
313, § 99; L. 1986, ch. 234, § 1; L. 1996, ch. 85, § 3; L. 1997, ch. 81, § 2;
L. 1998, ch. 142, § 9; July 1.
Source or prior law:
65-1407,
65-1417.
Attorney General's Opinions:
Act
inapplicable to certain practices, acts and operations; exceptions. 89-70.
Law Review and Bar Journal References:
"Recent
Developments in
Attorney General's Opinions:
Dentally
indigent person; entities authorized to employ or contract with licensees under
dental practices act for services for such persons. 97-84.
Scaling
and coronal polishing performed by an unlicensed dental assistant; regulation
of dental assistant; regulation of dental assistants. 1998-50.
65-1437. Advertising;
prohibitions; rules and regulations; "licensee" defined. (a) A
person licensed to practice dentistry by the Kansas dental board shall not on
such licensee's own behalf, a licensee's partner, associate or any other
licensee affiliated with the licensee or the licensee's practice, use or
participate in the use of any form of advertising which:
(1) Contains false, fraudulent, misleading or
deceptive statements or claims;
(2) represents that the licensee is specially
qualified in or limits the practice of the licensee to a branch of dentistry
which is a specialty recognized by the Kansas dental board unless the licensee
holds a special certificate of qualification within such specialty authorized
under K.S.A. 65-1427 and amendments thereto; or
(3) contains statements regarding the professional
superiority or the performance of professional services in a superior manner by
the licensee or group of licensees, unless each statement can be factually
substantiated.
(b) The board may adopt rules and regulations for the
administration of this section and may provide as part of such rules and
regulations guidelines and examples of conduct allowed and prohibited under
this section.
(c) The term "licensee" as used in this
section means a person licensed to practice dentistry in this state by the
History: L. 1943, ch. 221, § 21; L. 1983, ch. 209, § 7; July
1.
Source or prior law:
65-1417.
Research and Practice Aids:
Physicians
and Surgeons (West Key) 10.
C.J.S.
Physicians and Surgeons §§ 31 to 35.
65-1438. Using services
of unlicensed person; written prescription; misdemeanors; suspension or
revocation of license. (A) Any dentist who shall use the services of any
person (which word when used in this section shall include all legal entities)
not licensed to practice dentistry in this state, to construct, alter, repair
or duplicate any denture, plate, partial plate, bridge, splint, orthodontic or
prosthetic appliance, shall first furnish such unlicensed person with a written
prescription, on forms prescribed by the board, which shall contain: (1) The
name and address of such unlicensed person. (2) The patient's name or number.
In event such number is used, the name of the patient shall be written upon the
duplicate copy of such prescription retained by the dentist. (3) The date on
which it was written. (4) A prescription [description] of the work to be done,
with diagrams if necessary. (5) A specification of the type and quality of
materials to be used. (6) The signature of the dentist, and the number of his
(B) Any dentist who shall: (1) Use any such service of
any such licensed [unlicensed] person without first having furnished him such
prescription; or (2) fail to retain a duplicate copy thereof for two years; or
(3) refuse to allow the board, or its agent, to inspect it during such time,
shall be guilty of a misdemeanor, and the board may revoke or suspend his
license therefor.
(C) Any such unlicensed person who shall: (1) Perform
any such service without first having obtained such prescription; or (2) fail
to retain the original thereof for two years; or (3) refuse to allow the board,
or its agent, to inspect it during such time shall be guilty of a misdemeanor.
History: L. 1943, ch. 221, § 22; June 28.
1.
Section not unconstitutional; does not violate privilege against
self-incrimination. Bongers v. Madrigal, 1 K.A.2d 198, 201, 563 P.2d 515.
65-1439. Unlawful
advertising or use of dental services and appliances; misdemeanor; revocation
of license. (a) Any person (which word when used in this section shall
include all legal entities) who shall advertise in any manner to the general
public that he can or will sell, supply, furnish, construct, reproduce or
repair prosthetic dentures, bridges, plates or other appliances to be used or
worn as substitutes for natural teeth, or for the regulation thereof, shall be
guilty of a misdemeanor, and the board may enjoin such person from so doing.
(b) Any person not licensed to practice dentistry in
this state who shall sell or offer any such services or products to the general
public shall be guilty of a misdemeanor, and the board may enjoin such person
from so doing.
(c) The board may revoke the license of any dentist
who shall: (1) Advertise such services or dental appliances to the general
public in any manner, or (2) use such services or dental appliances of any such
unlicensed person who has violated any of the provisions of this or the
preceding section.
History: L. 1943, ch. 221, § 23; June 28.
65-1440. History: L. 1943, ch. 221, § 24; Repealed, L. 1969, ch. 180, §
21-4701; July 1, 1970.
Reviser’s Note:
Later
act, see 21-3824.
65-1441.
History: L. 1943, ch. 221, § 25; L. 2000, ch. 169, § 10; July 1.
65-1442. Board to
assist prosecuting officers. The board and its members and officers shall
assist prosecuting officers in the enforcement of this act, and it shall be the
duty of the board, its members and officers, to furnish the proper prosecuting
officer with such evidence as it or they may ascertain to assist him in the
prosecution of any violation of this act, and the board is authorized for that
purpose to make such reasonable expenditure from the funds in its hands as it
may deem necessary in ascertaining and furnishing such evidence.
History: L. 1943, ch. 221, § 26; June 28.
65-1443. History:
L. 1943, ch. 221, § 27; Repealed, L. 1971, ch. 176, § 22; July 1.
65-1444. Drugs;
surgery; anesthetics; appliances; qualifications for administering intravenous
sedation and general anesthetics; rules and regulations; assistant
administering and monitoring nitrous oxide or oxygen, requirements.
(a) A dentist shall have the right to prescribe drugs
or medicine, perform such surgical operations, administer analgesia, local
anesthetics and use such appliances as may be necessary to the proper practice
of dentistry. Dentists may be authorized by the board to administer sedation
and general anaesthetics subject to rules and regulations concerning
qualifications of such dentists as may be adopted by the board. The board may establish different
requirements and qualifications based upon the type of sedation or general anaesthetics
the dentist is authorized by the board to use.
The board may also establish by rules and regulations the requirement
that the authorization to administer sedation and general anaesthetics be
periodically renewed and the requirements that must be met to obtain such
renewal. Any office of a dentist who is
authorized by the board to administer sedation or general anaesthetics shall be
subject to inspection by the board for purposes of determining if the dentist
is in compliance with the board’s rules and regulations.
(b) A dentist may utilize an assistant not licensed by
the board in the administration and monitoring of nitrous oxide or oxygen, or
both, if that person is certified in cardiopulmonary resuscitation and has satisfactorily
completed a course of instruction which has been approved by the board. To be
approved by the board, the course of instruction shall include a minimum of six
hours of instruction at a teaching institution accredited by the American
dental association and include satisfactory completion of courses which offer
both didactic and clinical instruction in: (A) Theory of pain control; (B)
anatomy; (C) medical history; (D) pharmacology; and (E) emergencies and
complications.
History: L. 1943, ch. 221, § 28; L. 1994, ch. 169, § 2; L.
1997, ch. 30, § 2; L. 2004, ch.58, § 1; July
1, 2005.
Attorney General's Opinions:
65-1445. Druggists may
fill prescriptions. Druggists in this state may fill prescriptions of
legally licensed dentists in this state for any drugs necessary for the
practice of dentistry.
History: L. 1943, ch. 221, § 29; June 28.
Research and Practice Aids:
Druggists
(West Key) 5.
C.J.S.
Druggists § 6.
65-1446. Title and
letters. Any licensed dentist of this state being a graduate of a reputable
dental college recognized by the board shall have the right to use the title
"doctor" or abbreviation thereof before his name, or appended to his
name the letters "B.D.S.," "M.D.S.," "L.D.S.,"
"D.D.S.," "D.M.D.," or equivalent letters signifying the
dental degree conferred upon him.
History: L. 1943, ch. 221, § 30; June 28.
65-1447. Fees; fixed by
board, guidelines and limitations. (a) On or before October 1 of each year,
the Kansas dental board shall determine the amount of funds which will be
required during the ensuing fiscal year to properly administer the laws which
the board is directed to enforce and administer and shall fix fees in
accordance with this section in such reasonable sums as may be necessary for
such purposes, within the limitations prescribed by subsection (b).
(b) The board shall collect fees provided for in this
act as follows:
Examination
fee for dental applicants--not more than.........………………………………………..$200
Subsequent
examination fee for dental applicants--not more than....................................................$100
Examination
fee for specialty qualifications--not more than..............……………………………...$200
Credentials/qualifications
fee--not more than……………………………………………………….$300
Duplicate
certificate fee--not more than.............................................................................................$
25
Certificate fee, including
certificate for credentials/qualifications, for dentists and dental hygienists—not
more than........…………………………………………………………………………………………. . $ 25
Biennial license renewal fee
for dentists--not more than..............…………………………………...$ 325
Examination
fee for dental hygienist applicants--not more than..............…………………………...$
100
Subsequent
examination fee for dental hygienist applicants--not more
than...............………….…..$ 100
Biennial
license renewal fee for dental hygienists--not more than...............………………………..$
160
Reinstatement
of a revoked license--not more than..............……………………………………….$2,000
Processing
fee for failure to notify of change of address—not more than……………………… ….$ 100
Registration
fee to operate a mobile dental facility or portable dental operation – not more
than….$ 500
Biennial
registration renewal fee for mobile dental facility or portable dental
operation-not more than…………………………………………...............................................$350
(c) The amounts of fees in effect on the day preceding
the effective date of this act and the act of which this section is amendatory
shall remain in effect until fixed in different amounts by the board under this
section. The board may adopt rules and regulations for the proration of fees
for a license issued for a period of time less than the biennial licensure
period.
65-1448. Wartime fee
remittance rules. The board by rules shall provide for the remittance of
fees otherwise required by this act while a licensee is in the active duty with
any of the armed forces of the
History: L. 1943, ch. 221, § 32; June 28.
65-1449. Revocation or
suspension of license, statement of charges; emergency adjudication; temporary
suspension or limitation. (a) Except as provided by subsection (b), no
action to revoke or suspend a license shall be taken until the licensee has
been furnished a statement in writing of the charges against the licensee,
together with a notice of the time and place of the hearing. The statement of
charges and notice shall be served upon the licensee in accordance with the
provisions of the
(b) If the board determines that there is probable
cause to revoke or suspend the license of a dentist or dental hygienist for any
reason that exists pursuant to K.S.A. 65-1436, and amendments thereto, and if
the licensee's continued practice would constitute an imminent danger to public
health and safety, the board may initiate administrative proceedings for an
emergency adjudication under the provisions of the Kansas administrative
procedure act.
In no case shall a temporary
suspension or temporary limitation of a license under this section be in effect
for more than 90 days. At the end of such period of time, the licensee shall be
reinstated to full licensure unless the board has revoked or suspended the
license of the licensee after notice and hearing, provided in accordance with
the provisions of the
History: L. 1943, ch. 221, § 33; L. 1981, ch. 246, § 2; L.
1984, ch. 313, § 100; July 1, 1985.
Source or prior law:
65-1407.
Law Review and Bar Journal References:
"Rethinking
65-1450
History: L. 1943, ch. 221, § 34; Repealed, L. 1984, ch. 313, §
157; July 1, 1985.
CASE ANNOTATIONS
1.
Mentioned; under former law, board's order revoking license could not be
enjoined. Bohl v. Teall, 157 K. 239, 242, 139 P.2d 418.
2.
Cited in holding 60-2101(a) does not permit trial de novo in district court
from order of administrative agency. Copeland v.
65-1451. Injunctions.
When it appears to the board that any person is violating any of the provisions
of this act, the board may in its own name bring an action in a court of
competent jurisdiction for an injunction. Any such action shall be taken in
accordance with the provisions of the act for judicial review and civil
enforcement of agency actions.
History: L. 1943, ch. 221, § 35; L. 1984, ch. 313, § 101; July
1, 1985.
Research and Practice Aids:
Injunction
(West Key) 89(5).
C.J.S.
Injunction § 123 et seq.
CASE ANNOTATIONS
1.
Dental board initiated proceedings under this section; not limited to penalties
prescribed for a misdemeanor. Bongers v. Madrigal, 1 K.A.2d 198, 202, 563 P.2d
515.
65-1452. Subpoenas and
testimony. In all matters pending before it, the board shall have the power
to issue subpoenas and compel the attendance of witnesses and the production of
all necessary papers, books and records, documentary evidence and materials.
Any person failing or refusing to appear or testify regarding any matter about
which such person may be lawfully questioned or to produce any papers, books,
records, documentary evidence or materials in the matter to be heard, after
having been required by order of the board or by a subpoena of the board to do
so may, upon application to any district judge of the state of Kansas be
ordered to comply therewith, and upon failure to comply with the order of
district judge, the court may compel obedience by attachment as for contempt as
in case of disobedience of a similar order or subpoena issued by said court. A
subpoena may be served upon any person named therein, anywhere within the state
of
History: L. 1943, ch. 221, § 36; L. 1984, ch. 313, § 102; July
1, 1985.
Source or prior law:
65-1418.
65-1453. Taking of
depositions. Depositions may be taken within or without the state of
History: L. 1943, ch. 221, § 37; June 28.
65-1454. Witnesses;
incriminating testimony compelled; exempt from prosecution. No person shall
be excused from testifying in any proceeding before the board under this act,
or in any civil proceeding under this act before a court of competent
jurisdiction, on the ground that his testimony may incriminate him, but any
person shall not be prosecuted on account of any transaction or matter or thing
concerning which he shall be compelled to testify, nor shall such testimony be
used against him in any prosecution for any crime under the laws of this state.
History: L. 1943, ch. 221, § 38; June 28.
65-1455. Licensing of
dental hygienists; examination, fee; license fee; temporary license; qualifications;
display of license; approval of schools of dental hygiene, criteria; unlawful
practice of dental hygiene, penalties. (a) No person shall practice as a
dental hygienist in this state until such person has passed an examination by
the board under such rules and regulations as the board may adopt. The board
shall accept clinical board examination results for graduates of dental hygiene
schools approved by the board from all nationally recognized regional dental
hygiene clinical testing agencies and from individual state dental hygiene
licensure authorities. The fee for such examination shall be fixed by the board
pursuant to K.S.A. 65-1447 and amendments thereto. A license fee shall be paid
to the board in the amount fixed by the board pursuant to K.S.A. 65-1447 and
amendments thereto.
(b)
Any graduate of an accredited dental hygiene school, dental college or
dental department of a college or university who: (1) Has a R.D.H. (registered
dental hygienist) or L.D.H (licensed dental hygienist) and is otherwise
qualified; (2) is not licensed to
practice as a dental hygienist in Kansas; and (3) holds a license to practice
in the state from which they are applying, upon application, may be issued a
temporary license of not more than 14 days to provide dental hygienist services
under subsection (f)(4) of K.S.A. 75-6102, and amendments thereto.
(c) The board shall issue licenses as dental
hygienists to those who have passed the examination in a manner satisfactory to
the board. Each license shall be posted and displayed in the office in which
the hygienist is employed, but no person shall be entitled to such license
unless such person is more than 18 years of age, of good moral character and a
graduate of a school approved by the board for dental hygienists. The board
shall approve only those dental hygiene schools which require the study of
dental hygiene and which the board determines have standards of education not
less than that required for accreditation by the commission on dental
accreditation of the American dental association or its equivalent.
(d) The board shall adopt rules and regulations
establishing the criteria which a school for dental hygienists shall satisfy in
meeting the standards of education established under subsection (b). The board
may send a questionnaire developed by the board to any school for dental
hygienists for which the board does not have sufficient information to
determine whether the school meets the requirements of subsection (b) and rules
and regulations adopted under this section. The questionnaire providing the
necessary information shall be completed and returned to the board in order for
the school to be considered for approval. The board may contract with
investigative agencies, commissions or consultants to assist the board in
obtaining information about schools. In entering such contracts the authority
to approve schools shall remain solely with the board.
(e) Any person practicing dental hygiene in violation
of the provisions of this act shall be guilty of a misdemeanor, and the board
may revoke or suspend such person's license therefor.
History: L. 1943, ch. 221, § 39; L. 1953, ch. 289, § 3; L.
1955, ch. 290, § 4; L. 1972, ch. 161, § 16; L. 1980, ch. 189, § 6; L. 1988, ch.
243, § 5; L. 1988, ch. 247, § 2; L. 1988, ch. 245, § 1; L. 1999, ch. 11, § 2;
L. 2000, ch. 169, § 12; L. 2003, ch. 82, § 2; July 1.
65-1456. Dental
hygienists; suspension or revocation of licenses, when; notice and hearing;
practice of dental hygiene defined; rules and regulations; supervision defined;
where performance of practice authorized, issuance of permits therefor;
authorized activities, requirements. (a) The board may suspend or revoke
the license of any dentist who shall permit any dental hygienist operating
under such dentist's supervision to perform any operation other than that
permitted under the provisions of article 14 of chapter 65 of the Kansas
Statutes Annotated, or acts amendatory thereof, and may suspend or revoke the
license of any hygienist found guilty of performing any operation other than
those permitted under article 14 of chapter 65 of the Kansas Statutes
Annotated, or acts amendatory thereof. No license of any dentist or dental
hygienist shall be suspended or revoked in any administrative proceedings
without first complying with the notice and hearing requirements of the
(b) The practice of dental hygiene shall include those
educational, preventive, and therapeutic procedures which result in the removal
of extraneous deposits, stains and debris from the teeth and the rendering of
smooth surfaces of the teeth to the depths of the gingival sulci. Included
among those educational, preventive and therapeutic procedures are the
instruction of the patient as to daily personal care, protecting the teeth from
dental caries, the scaling and polishing of the crown surfaces and the planing
of the root surfaces, in addition to the curettage of those soft tissues lining
the free gingiva to the depth of the gingival sulcus and such additional
educational, preventive and therapeutic procedures as the board may establish
by rules and regulations.
(c) Subject to such prohibitions, limitations and
conditions as the board may prescribe by rules and regulations, any licensed
dental hygienist may practice dental hygiene and may also perform such dental
service as may be performed by a dental assistant under the provisions of
K.S.A. 65-1423 and amendments thereto.
(d) Except as otherwise provided in this section, the
practice of dental hygiene shall be performed under the direct or general
supervision of a licensed dentist at the office of such licensed dentist. The
board shall designate by rules and regulations the procedures which may be
performed by a dental hygienist under direct supervision and the procedures
which may be performed under general supervision of a licensed dentist. As used
in this section: (1) "Direct supervision" means that the dentist is
in the dental office, personally diagnoses the condition to be treated,
personally authorizes the procedure and before dismissal of the patient
evaluates the performance; and (2) "general supervision" means a
Kansas licensed dentist may delegate verbally or by written authorization the
performance of a service, task or procedure to a licensed dental hygienist
under the supervision and responsibility of the dentist, if the dental
hygienist is licensed to perform the function, and the supervising dentist
examines the patient at the time the dental hygiene procedure is performed, or
during the 12 calendar months preceding the performance of the procedure,
except that the licensed hygienist shall not be permitted to diagnose a dental
disease or ailment, prescribe any treatment or a regimen thereof, prescribe,
order or dispense medication or perform any procedure which is irreversible or
which involves the intentional cutting of the soft or hard tissue by any means.
A dentist is not required to be on the premises at the time a hygienist
performs a function delegated under part (2) of this subsection.
(e) The practice of dental hygiene may be performed at
an adult care home, hospital long-term care unit, state institution, local
health department or indigent health care clinic on a resident of a facility,
client or patient thereof so long as:
(1) A licensed dentist has delegated the performance
of the service, task or procedure;
(2) the dental hygienist is under the supervision and
responsibility of the dentist;
(3) either the supervising dentist is personally
present or the services, tasks and procedures are limited to the cleaning of
teeth, education and preventive care;
(4) the supervising dentist examines the patient at
the time the dental hygiene procedure is performed or has examined the patient
during the 12 calendar months preceding performance of the procedure; and
(f) The practice of dental hygiene may be performed at
a public school or accredited nonpublic school, as defined in K.S.A. 72-89b02,
and amendments thereto, and any head start program with consent of the parent or
legal guardian, state correctional institution, local health department or
indigent health care clinic, as defined in K.S.A. 65-1466, and amendments
thereto, on a person who meets the requirements of medicaid, healthwave or the
federal free and reduced lunch program, an inmate, client or patient thereof so
long as: (1) The dental hygienist has received an
“extended care permit” from the Kansas dental board specifying that the dental
hygienist has performed 1,800 hours of dental hygiene care or has been an
instructor at an accredited dental hygiene program for four semesters during
the three years prior; (2) the dental hygienist shows proof of
professional liability insurance; (3)
the dental hygienist is sponsored by a dentist licensed in the state of Kansas,
including a signed agreement stating that the dentist shall monitor the dental
hygienist’s activities, except such dentist shall not monitor more than five
dental hygienists with an extended care permit;
(4) the tasks
and procedures are limited to:
(A)
removal of extraneous deposits, stains and debris from the teeth and the
rendering of smooth surfaces of the teeth to the depths of the gingival sulci;
(B) the application of fluoride; (C) dental hygiene instruction; (D) assessment
of the patient’s apparent need for further evaluation by a dentist to diagnose
the presence of dental caries and other abnormalities; and (E) other duties as
may be delegated verbally or in writing by the sponsoring dentists consistent
with this act;
(5) the dental hygienist advises the
patient and legal guardian that the services are preventive in nature and do
not constitute a comprehensive dental diagnosis and care;
(6)
the dental hygienist provides a copy of the findings and the report of
treatment to the sponsoring dentist and any other dental or medical supervisor
at a participating organization found in this subsection; and supervisor at a
participating organization found in this subsection; and
(7) any payment to the dental hygienist
for dental hygiene services is received from the sponsoring dentist or the participating organization found in this
subsection.
(g)
The practice of dental hygiene may be performed at an adult care home,
hospital long-term care unit, state institution or at the home of a homebound
person who qualifies for the federal home and community based service (HCBS)
waiver on a resident of a facility, client or patient thereof so long as:
(1) The dental hygienist has received an
“extended care permit II” from the Kansas dental board specifying that the
dental hygienist has: (A) performed
1,800 hours of dental hygiene care or has been an instructor at an accredited
dental hygiene program for four semesters during the three years prior; (B)
completed six hours of training on the care of special needs patients or other
training as may be accepted by the board;
(2) the dental hygienist shows proof of professional
liability insurance;
(3) the dental
hygienist is sponsored by a dentist licensed in the state of Kansas, including
a signed agreement stating that the dentist shall monitor the dental
hygienist’s activities, except such dentist shall not monitor more than five
dental hygienists with an extended care permit II;
(4) the tasks
and procedures are limited to: (A)
removal of extraneous deposits, stains and debris from the teeth and the
rendering of smooth surfaces of the teeth to the depths of the gingival
sulci; (B) the application of
fluoride; (C) dental hygiene
instruction; (D) assessment of the patient’s apparent need for further
evaluation by a dentist to diagnose the presence of dental caries and other
abnormalities; and (E) other duties as may be delegated verbally or in writing
by the sponsoring dentist consistent with this act;
(5) the dental
hygienist advises the patient and legal guardian that the services are
preventive in nature and do not constitute comprehensive dental diagnosis and
care;
(6) the dental
hygienist provides a copy of the findings and the report of treatment to the sponsoring
dentist and any other dental or medical supervisor at a participating
organization found in this subsection;
(7) any payment
to the dental hygienist for dental hygiene services is received from the
sponsoring dentist or the participating organization found in this subsection;
and
(8) the dental
hygienist completes a minimum of six hours of education in the area of special
needs care within the board’s continuing dental education requirements for re-licensure.
(h) In addition to the duties specifically mentioned
in subsection (b) of K.S.A. 65-1456, and amendments thereto, any duly licensed
dental hygienist may:
(1) Give fluoride treatments as a prophylactic
measure, as defined by the
(2) remove overhanging restoration margins and
periodontal surgery materials by hand scaling instruments; and
(3) administer local block and infiltration anesthesia
and nitrous oxide. (A) The administration of local anesthesia shall be
performed under the direct supervision of a licensed dentist. (B) Each dental
hygienist who administers local anesthesia shall have completed courses of
instruction in local anesthesia and nitrous oxide which have been approved by
the board.
(i) (1) The courses of instruction required in
subsection (h)(3)(B) shall provide a minimum of 12 hours of instruction at a
teaching institution accredited by the American dental association.
(2) The courses of instruction shall include courses
which provide both didactic and clinical instruction in: (A) Theory of pain
control; (B) anatomy; (C) medical history; (D) pharmacology; and (E)
emergencies and complications.
(3) Certification in cardiac pulmonary resuscitation
shall be required in all cases.
(j) The board
is authorized to issue to a qualified dental hygienist an extended care permit
or extended care permit II as provided in subsections (f) and (g) of this
section.
(k) Nothing in
this section shall be construed to prevent a dental hygienist from providing
dental hygiene instruction or visual oral health care screenings in a school or
community based setting.
History: L. 1943, ch. 221, § 40; L. 1976, ch. 269, § 1; L.
1984, ch. 313, § 103; L. 1996, ch. 210, § 4; L. 1997, ch. 30, § 3; L. 1998, ch.
141, § 2; L. 2000, ch. 169, § 13; L.
2001, ch. 155, § 3; L. 2003, ch. 125, § 1; July 1.
Source or prior law: 65-1414
Attorney General's Opinions:
Act
inapplicable to certain practices, acts and operations; exceptions. 89-70.
Dental
hygienists; dental hygiene practice defined; rules and regulations;
supervision; permits for dental screening. 93-151.
Dental
act not applicable to certain practices, acts and operations. 95-29.
Dentists providing anesthesia services operate independently and with same qualifications to supervise as anesthesiologist M.D. and D.O. 1998-57.
65-1457. Licensure
required to practice dental hygiene. It shall be the duty of all licensed
dental hygienists who engage in the practice of dental hygiene to be licensed.
Except as otherwise provided under the dental practices act, the form, method
and all provisions relating to the renewal of licenses of dentists shall apply to the renewal of licenses of dental
hygienists.
History: L. 1943, ch. 221, § 41; L. 2000, ch. 169, § 14; July
1.
65-1458. Dentists and
dental hygienists; revocation or suspension of licenses; hearing; review.
The board shall revoke or suspend the license of any licensed dental hygienist
who is found guilty of using or attempting to use in any manner whatsoever any
prophylactic lists, call lists, records, reprints or copies of same, or
information gathered therefrom, of the names or patients whom the hygienist
might have served in the office of a prior employer, unless such names appear
upon the bona fide call or prophylactic list of the hygienist's present
employer and were caused to so appear through the legitimate practice of
dentistry as provided for in this act. The board shall also suspend or revoke
the license of any licensed dentist who is found guilty of aiding or abetting
or encouraging a dental hygienist employed by such dentist to make use of a
so-called prophylactic call list, or the calling by telephone or by use of
written letters transmitted through the mails to solicit patronage from
patients formerly served in the office of any dentist formerly employing such
hygienist. No order of suspension or revocation provided in this section shall
be made or entered except after notice and opportunity for hearing in
accordance with the provisions of the
History: L. 1943, ch. 221, § 42; L. 1984, ch. 313, § 104; L.
2000, ch. 169, § 15; July 1.
Research and Practice Aids:
Physicians
and Surgeons (West Key) 11(1).
C.J.S.
Physicians and Surgeons § 16.
CASE ANNOTATIONS
1. Mentioned; under former law, board's order revoking license could not be enjoined. Bohl v. Teall, 157 K. 239, 242, 139 P.2d 418.
65-1459. Dental interns;
rules and regulations; revocation of permits. (a) The board shall have
authority, upon presentation of satisfactory credentials and under such rules
and regulations as the board may prescribe, to issue a permit to a graduate of
an approved dental school or college who has not been licensed to practice
dentistry in this state, and who has not failed to pass an examination for
licensure in this state, to serve as a dental intern for a period of not more
than one year in state maintained and operated hospitals, or the department of
health and environment of the state of Kansas that may offer such a position if
such hospitals maintain a recognized resident staff of one or more licensed
dentists. Such intern shall function under the supervision and direction of the
dental staff of such hospitals, the intern's work shall be limited to the
patients confined to the hospital in which such intern serves, and such intern
shall serve without fee or compensation other than that received in salary or
other remuneration from such hospitals.
(b) The board shall have the power to revoke the
permit of any such intern at any time within the year for which it is issued
upon the recommendation of such procedure by the executive officer of the
resident dental staff of the hospital in which such intern serves or for any
other reason which the board may deem justifiable. Such limited permits granted
for the purpose of internships shall automatically expire at the end of one
year and shall not be subject to renewal.
History: L. 1943, ch. 221, § 43; L. 1975, ch. 462, § 87; L. 2000, ch. 169, § 16; July 1.
65-1460. Penalties for
violations. Any person who shall practice dentistry or dental hygiene in
this state within the meaning of this act without having first obtained a
license from the board, or who violates any of the provisions of this act, the
penalty for which is not herein specifically provided, shall be deemed guilty
of a misdemeanor. Anyone convicted of a misdemeanor under this act shall be
punished by a fine of not more than one thousand dollars, or by imprisonment in
the county jail for not more than twelve months, or by both such fine and
imprisonment, in the discretion of the court.
History: L. 1943, ch. 221, § 44; June 28.
Source or prior law:
65-1407.
CASE ANNOTATIONS
1.
Dental board initiated proceedings under 60-1451; not limited to penalties
prescribed for a misdemeanor. Bongers v. Madrigal, 1 K.A.2d 198, 201, 202, 563
P.2d 515.
65-1461. Invalidity of
part. If any clause, section, phrase or word of this act be declared
unconstitutional or invalid for any reason by any court of competent
jurisdiction, the remaining portion or portions of this act shall be and remain
in full force and as valid as if such clause, section, phrase or word had not
been incorporated therein.
History: L. 1943, ch. 221, § 45; June 28.
Research and Practice Aids:
Statutes
(West Key) 64(2).
C.J.S.
Statutes § 96 et seq.
65-1462. Immunity from
liability in civil actions for reporting, communicating and investigating
certain information concerning alleged malpractice incidents and other
information; conditions. (a) No person reporting to the Kansas dental board
under oath and in good faith any information such person may have relating to
alleged incidents of malpractice or the qualifications, fitness or character of
a person licensed to practice dentistry shall be subject to a civil action for
damages as a result of reporting such information.
(b) Any state, regional or local association of
licensed dentists or licensed dental hygienists, and the individual members of
any committee thereof, which in good faith investigates or communicates information
pertaining to the alleged incidents of malpractice or the qualifications,
fitness or character of any licensee to the Kansas dental board or to any
committee or agent thereof, shall be immune from liability in any civil action,
that is based upon such investigation or transmittal of information if the
investigation and communication was made in good faith and did not represent as
true any matter not reasonably believed to be true.
History: L. 1976, ch. 261, § 3; L. 1998, ch. 141, § 6; July 1.
Cross References to Related Sections:
Limited
liability for certain associations of health care providers, review
organizations and committee members thereof, see 65-4909.
Research and Practice Aids:
Physicians
and Surgeons (West Key) 16.
C.J.S.
Physicians, Surgeons, and Other Health-Care Providers §§ 70, 81 to 86, 97 to
102.
Law Review and Bar Journal References:
"Recent
Legislation: The
Robert
P. Scherer, 16 W.L.J. 395, 407 (1977).
65-1463.
History: L. 1982, ch. 253, § 1; Repealed, L. 1996, ch. 85, §
6; July 1.
65-1464. Citation of
dental practices act. The acts contained in article 14 of chapter 65 and
article 14 of chapter 74 of the Kansas Statutes Annotated and any acts
amendatory thereof or made specifically supplemental thereto shall be construed
together and may be cited as the dental practices act.
History: L. 1983, ch. 209, § 8; July 1.
65-1465. Denture or
dental prosthesis to be marked with name or social security number, or both, of
patient. (a) Every complete upper and lower denture or removable dental
prosthesis fabricated by a practitioner of dentistry or fabricated pursuant to
such practitioner's work order, shall be marked with the name or social
security number, or both, of the patient for whom the prosthesis is intended.
The markings shall be done during fabrication and shall be permanent, legible
and cosmetically acceptable. The exact location of the markings and method used
to apply or implant the markings shall be determined by the dentist or dental
laboratory fabricating the prosthesis. If in the professional judgment of the
dentist, this full identification is not possible, the name or social security
number may be omitted.
(b) Any removable dental prosthesis in existence prior
to the effective date of this act, which was not marked in accordance with
subsection (a), shall be so marked at the time of any subsequent rebasing or
duplication.
History: L. 1983, ch. 203, § 1; July 1.
65-1466. Dental
services for dentally indigent persons; entities authorized to employ or
contract with persons licensed under dental practices act for such services;
reports by federally qualified health centers and clinics employing a national
health service corps dentist; requirements for retired dentists providing such
dental services. (a) (1) Notwithstanding any other provision of the dental
practices act, a not-for-profit corporation having the status of an
organization under 26 United States Code Annotated 501(c)(3) which is also a
facility qualified under subsection (b) of K.S.A. 65-431 and amendments thereto
to select and employ professional personnel, an indigent health care clinic as
defined by the rules and regulations of the secretary of health and
environment, or a local health department may employ or otherwise contract with
a person licensed under the dental practices act to provide dental services to
dentally indigent persons.
(2) Notwithstanding any other provision of the dental
practices act, a federally qualified health center or national health service
corps site may employ or otherwise contract with a person licensed under the
dental practices act to provide services to any person except that a federally
qualified health center and a clinic employing a national health service corps
dentist shall report annually to the health care reform legislative oversight
committee indicating the income level of their patients and the percentage of
patients covered by dental insurance in the preceding year.
(b) Dentally indigent persons are those persons who
are: (1) Determined to be a member of a family unit earning at or below 200% of
poverty income guidelines based on the annual update of "poverty income
guidelines" published in the federal register by the United States
department of health and human services and are not indemnified against costs
arising from dental care by a policy of accident and sickness insurance or an
employee health benefits plan; or (2) eligible for Medicaid; or (3) eligible
for the Kansas federal children's health insurance program; or (4) eligible for
other publicly funded health care programs as defined by the Kansas dental
board; or (5) qualified for Indian health services. This subsection shall not
be construed to prohibit an entity under subsection (a) which enters into an
arrangement with a licensee under the dental practices act for purposes of
providing services to dentally indigent persons pursuant to subsection (a) from
defining "dentally indigent persons" more restrictively than such
term is defined under this subsection.
(c) A licensee under the dental practices act who
enters into an arrangement with an entity under subsection (a) to provide
dental services pursuant to subsection (a): (1) Shall not be subject to having
the licensee's license suspended or revoked by the board solely as a result of
such arrangement; and (2) may not permit another person who is not licensed in
Kansas as a dentist, and is not otherwise competent, to engage in the clinical
practice of dentistry. No entity under subsection (a) or any other person may
direct or interfere or attempt to direct or interfere with a licensed dentist's
professional judgment and competent practice of dentistry.
(d) A dentist who is classified as "retired"
by the
(e) The
(f) This section shall be part of and supplemental to
the dental practices act.
History: L. 1996, ch. 210, § 1; L. 1998, ch. 141, § 4; L.
2000, ch. 169, § 17; July 1.
Cross References to Related Sections:
Donated
dental services program, see 75-5371.
Attorney General's Opinions:
Dentally indigent person; entities authorized to employ or contract with licensees under dental practices act for services for such persons. 97-84.
65-1467. Dental board
complaints and related information confidential, limited disclosure authorized.
(a) Any complaint or report, record or other information relating to a
complaint which is received, obtained or maintained by the Kansas dental board
shall be confidential and shall not be disclosed by the board or its employees
in a manner which identifies or enables identification of the person who is the
subject or source of the information except the information may be disclosed:
(1) In any proceeding conducted by the board under the
law or in an appeal of an order of the board entered in a proceeding, or to any
party to a proceeding or appeal or the party's attorney;
(2) to the person who is the subject of the
information or to any person or entity when requested by the person who is the
subject of the information, but the board may require disclosure in such a
manner that will prevent identification of any other person who is the subject
or source of the information;
(3) to a state or federal licensing, regulatory or
enforcement agency with jurisdiction over the subject or the information or to
an agency with jurisdiction over acts or conduct similar to acts or conduct
which would constitute grounds for action under this act. Any confidential
complaint or report, record or other information disclosed by the board as
authorized by this section shall not be redisclosed by the receiving agency
except as otherwise authorized by law.
(b) This section shall be part of and supplemental to
the
History: L. 1997, ch. 81, § 1; July 1.
65-1468. Professional liability
insurance required to practice dentistry.
(a)
A policy of professional liability insurance issued by an insurer duly
authorized to transact business in this state shall be maintained in effect by
each licensed dentist actively practicing in this state as a condition to
rendering professional services as a dentist in this state, except that a
dentist shall not be required to maintain professional liability insurance if
such person’s dental practice is limited to providing dental services under
subsection (f) of K.S.A. 75-6102 and amendments thereto.
(b)
This section shall be part of and supplemental to the dental practices act.
History: L. 2004, ch. 58, § 2; July 1, 2005.
65-1469.
(a) ‘‘
(1) Any
self-contained facility in which dentistry will be practiced, which may be
moved, towed or transported from one location to another.
(2) Any
non-facility in which dental equipment, utilized in the practice of dentistry,
is transported to and utilized on a temporary basis at an out-of-office
location, including, but not limited to: (A) Other dentists’ offices; (B)
patients’ homes; (C) schools; (D) nursing homes; or (E) other institutions.
(b) (1)
No person shall operate a mobile dental facility or portable dental operation
in this state unless registered in accordance with this section.
(2) In
order to operate a mobile dental facility or portable dental operation, the
operator shall be a person or entity that is authorized to own a dental
practice under
(3) To
become registered, the operator shall:
(A)
Complete an application in the form and manner required by the board; and
(B) pay
a registration fee in the amount established by the board pursuant to K.S.A.
65-1447 and amendments thereto.
(c) (1)
The registration under this section shall be renewed on March 1 of
even-numbered years in the form and manner provided by the board by rules and
regulations.
(2) The
registrant shall pay a registration renewal fee in the amount fixed by the
board under K.S.A. 65-1447 and amendments thereto.
(d) The board shall adopt rules and
regulations as necessary to carry out the provisions of this act. The rules and
regulations shall include, but not be limited to, requirements relating to the
official address and telephone number of the mobile dental facility or portable
dental operation, the proper maintenance of dental records, procedures for
emergency follow-up care for patients, appropriate communications facilities,
appropriate authorizations for treatment by
dental patients, follow-up treatment and services, personnel and address
changes, notice to be provided on cessation of operation and such other matters
as the board deems necessary to protect the public health and welfare.
(e) The
board may refuse to issue a registration under this section or may revoke or
suspend a registration upon a finding by the board that an applicant or person
registered under this section has failed to comply with any provision of the
section or any rules and regulations adopted pursuant to this section. No order
refusing to issue a registration or order of suspension or revocation shall be
made or entered except after notice and opportunity for hearing in accordance
with the provisions of the
(f) (1)
This section applies to each operator of a mobile dental facility or portable
dental operation that provides dental services except those specifically
exempted by subsection (2).
(2) This
section shall not apply to:
(A)
Dentists providing dental services for federal, state and local governmental
agencies;
(B)
dentists licensed to practice in
(C)
dentists who are not employed by or independently contracting with a mobile
dental facility or portable dental operation who provide non-emergency
treatment for their patients of record outside the dentist’s physically
stationary office fewer than 30 days per calendar year;
(D)
dental hygienists who are providing dental hygiene services as authorized by
the Kansas dental act and the board’s rules and regulations;
(E) a dentist who is providing dental
services as a charitable health care provider under K.S.A. 75-6102, and amendments
thereto;
(F) a dental hygienist who is providing
dental hygiene services as a charitable health care provider under K.S.A. 75-6102,
and amendments thereto; and
(G) a not-for-profit organization
providing dental services.
(g) This section shall be
part of and supplemental to the dental practices act.
History: L. 2005, ch. 115, § 2; July 1.
Chapter 74.--STATE BOARDS, COMMISSIONS
AND AUTHORITIES
Article 14.--
74-1404.
(b) The members shall be appointed by the governor in
the manner hereinafter prescribed for terms of four years and until their
successors are appointed and qualified. Of the six licensed dentists on the
board, one shall be appointed from each congressional district and two shall be
appointed from the state at large. On and after the effective date of this act,
no person shall be appointed for more than two consecutive four-year terms. No
person in any way connected with a dental supply or dental laboratory business
shall be eligible for appointment to the board. No person shall be eligible for
appointment to the board who has been convicted of a violation of any of the
provisions of this or any other prior dental practice act or who has been
convicted of a felony. A dentist who is an officer of the
(c) Upon the effective date of this act, in order to
expand the membership to the prescribed six dentists and two dental hygienists,
the governor shall appoint three additional dentists and one additional
hygienist to the board in the manner described in this section. Of the three
new dental members, one shall serve until April 30, 2000, one shall serve until
April 30, 2001 and one shall serve until April 30, 2002, as designated by the
governor. Thereafter, all terms shall be four-year terms beginning May 1 of the
appointment year and expiring April 30 four years later. When the terms of the
existing dentist members which expire May 1, 2000, and May 1, 2001 conclude,
then successors shall be appointed for four year terms beginning May 1 and
expiring April 30 four years later. The additional dental hygienist appointed
upon the effective date of this act shall serve until April 30, 2002, and
thereafter the successor shall serve a four-year term beginning May 1 and
expiring April 30 four years later. Upon the expiration of terms of office of
members, successors shall be appointed in the same manner as original
appointments for terms of four years.
History: L. 1943, ch. 221, § 1; L. 1975, ch. 399, § 1; L.
1978, ch. 308, § 55; L. 1981, ch. 299, § 51; L. 1996, ch. 85, § 5; L. 1998, ch.
141, § 5; July 1.
Source or prior law:
74-1401.
Research and Practice Aids:
Physicians
and Surgeons (West Key) 5(1).
C.J.S.
Physicians and Surgeons § 6 et seq.
Attorney General's Opinions:
State
departments; public officers and employees; open public meetings; meeting
location. 86-153.
Law Review and Bar Journal References:
"Reconsidering
the Regulation of Health Professionals in
Attorney General's Opinions:
Board
of dental examiners; changing number of members constituting a quorum. 96-32.
74-1405. Officers;
seal; meetings; office; service of process; compensation and expenses;
executive director, duties and compensation; national affiliation; disposition
of moneys; dental board fee fund. (a) The board at its first meeting day of
each year shall elect from its members a president, vice-president and
secretary. The board shall have a common seal. The board shall hold two regular
meetings each year at times to be fixed by the board, and special meetings at
such other times as may be necessary.
(b) Members of the Kansas dental board attending
meetings of such board, or attending a subcommittee meeting thereof authorized
by such board, or conducting examinations for dental or dental hygienists
licenses or conducting inspections of dental laboratories required by K.S.A.
65-1438 and amendments thereto shall be paid compensation, subsistence
allowances, mileage and other expenses as provided in K.S.A. 75-3223 and
amendments thereto. Members of the board conducting examinations for dental or
dental hygienists licenses may receive amounts for compensation, subsistence
allowances, mileage or other expenses from a nonstate agency for conducting
such examinations but no member receiving any such amounts shall be paid any
compensation, subsistence allowances, mileage or other expenses under this
section for conducting such examinations.
(c) The official office of the board shall be in
(d) The board may appoint an executive director who
shall be in the unclassified service of the
(e) The board in its discretion may affiliate as an
active member with the national association of dental examiners and any
organization of one or more state boards for the purpose of conducting a
standard examination of candidates for licensure as dentists or dental
hygienists and pay regular dues to such association or organization, and may
send members of the board to the meetings of said national association and the
meetings of any organization of state boards of dental examiners organized for
the purpose of conducting a standard examination of candidates for licensure as
dentists and dental hygienists.
(f) The executive director shall remit all moneys
received by or for him or her from fees, charges or penalties to the state
treasurer at least monthly. Upon receipt of any such remittance the state
treasurer shall deposit the entire amount thereof in the state treasury. Twenty
percent (20%) of each such deposit shall be credited to the state general fund
and the balance shall be credited to the dental board fee fund. All
expenditures from such fund shall be made in accordance with appropriation acts
upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the president of the board or by a person or persons
designated by him or her.
History: L. 1943, ch. 221, § 2; L. 1953, ch. 289, § 4; L.
1956, ch. 52, § 17; L. 1957, ch. 431, § 12; L. 1963, ch. 315, § 3; L. 1963, ch.
398, § 19; L. 1967, ch. 416, § 1; L. 1973, ch. 309, § 27; L. 1974, ch. 348, §
50; L. 1976, ch. 338, § 1; L. 1979, ch. 240, § 1; July 1.
Source or prior law:
65-1420,
74-1402, 74-1403.
Cross References to Related Sections:
Reports,
see, also 75-3044 et seq.
Purpose
and limitation on moneys credited to state general fund, see 75-3170a.
Attorney General's Opinions:
State
departments; public officers and employees; open public meetings; meeting
location. 86-153.
74-1406. Powers and
duties. The board shall exercise, subject to the provisions of this act,
the following powers and duties:
(a) Adopt such rules for its governance, as it may
deem proper.
(b) Adopt rules and regulations for qualification and
licensing of dental hygienists.
(c) Adopt rules and regulations regarding sanitation.
(d) Conduct examinations to ascertain the
qualification and fitness of applicants for licenses as dentists or
certificates as specialists in dentistry.
(e) Pass upon the qualifications of applicants for
reciprocal licenses.
(f) Prescribe rules and regulations for examination of
candidates.
(g) Formulate rules and regulations by which dental
schools and colleges shall be approved.
(h) Grant licenses, issue license certificates as
specialists in dentistry and issue renewal licenses and certificates as
specialists in dentistry in conformity with this act to such applicants and
dentists as have been found qualified.
(i) Conduct hearings or proceedings to revoke or
suspend and to revoke or suspend a license, certificate or renewal license or
certificate granted under the authority of this act or previous acts.
(j) Employ such persons as it may deem necessary to
assist in carrying out the duties of the board in the administration and
enforcement of this act, and to provide offices, furniture, fixtures, supplies,
printing or secretarial service, and may expend such funds as may be deemed
necessary therefor, and may appoint an attorney to advise and assist in the
carrying out and enforcing of the provisions of this act.
(k) Investigate violations of the act that may come to
the knowledge of the board, and institute or cause to be instituted before the
board or in a proper court appropriate proceedings in connection therewith.
(l) Adopt rules and regulations to carry out and make
effective the provisions of this act and modify or repeal such rules and
regulations whenever in the discretion of the board it is deemed necessary.
History: L. 1943, ch. 221, § 3; L. 2000, ch. 169, § 18; July
1.
Cross References to Related Sections:
Rules
as to qualifications of applicants see 65-1426.
Dishonorable
conduct, see 65-1436.
Wartime
fee remittance rules see 65-1448.
Dental
hygienist examinations see 65-1455.
Dental
interns, see 65-1459.
Attorney General's Opinions:
State
departments; public officers and employees; open public meetings; meeting
location. 86-153.
Attorney General's Opinions:
Dental
hygienists; dental hygiene practice defined; rules and regulations;
supervision; permits for dental screening. 93-151.
Board of dental examiners; changing number of members constituting a quorum. 96-32.
74-1407. Record book of
licensees; copy as evidence; fee for certified copies, approval. (a) The
executive director of the board shall keep a record book in which shall be
entered the names of all persons to whom licenses and certificates as
specialists in dentistry, and renewal licenses and certificates have been
granted under this act, the numbers of such licenses and certificates, the
dates of granting the same and other matters of record, the book so provided
and kept to be deemed a book of records. A photo static copy of such records,
or a copy of such records certified by the executive director and under the
seal of the board, shall be admitted in any of the courts of this state as
prima facie evidence of the facts contained in such records and in lieu of the
records of the board.
(b) A certificate that there is not entered in such
record books the name and number of and date of granting such license or
certificate or license or renewal certificate to a person charged with a
violation of any of the provisions of this act, under the hand of the executive
director and the seal of the board, shall be prima facie evidence of the facts
contained therein and in the records of the board. Such certificates shall be
admitted in any of the courts of this state in lieu of the records of the
board.
(c) The original books, records and papers of the
board shall be kept at the office of the executive director of such board,
which office shall be at such place as may be designated by the board. The
executive director shall furnish to any person making application therefor a
copy of any part thereof, certificated by the executive director, upon payment
of a fee in an amount fixed by the executive director and approved by the
director of accounts and reports under K.S.A. 45-219 and amendments thereto.
History: L. 1943, ch. 221, § 13; L. 1978, ch. 347, § 15; L.
2000, ch. 169, § 19; July 1.
Source or prior law:
65-1402.
74-1408. Report to
legislature on plans for increasing number of dental hygienists. The state
board of education, the state board of regents and the
History: L. 1998, ch. 141, § 3; July 1.
Permanent Administrative
Regulations
K.A.R. 71-1-1. Retention of applicants' work (Authorized
by K.S.A. 65-1428, 65-1429; effective Jan. 1, 1966; revoked Feb. 20, 2004.)
71-1-2. Passing grade. (Authorized
by K.S.A. 65-1427, 65-1428; effective Jan. 1, 1966;
amended, E-77-9, March 19, 1976; amended Feb. 15, 1977; amended May 1, 1980;
revoked Feb. 20, 2004.)
71-1-3. Examinations required by the
board. (Authorized by K.S.A. 65-1426;
implementing K.S.A. 65-1427, 65-1428, 74-1405; effective Jan. 1, 1966; amended
May 1, 1983; amended Nov. 7, 1997; revoked Feb. 20, 2004.)
71-1-4. Requirements for re-examination.
(a) Each applicant who, upon taking
any examination or any section thereof a second time, fails to obtain a passing
grade on that examination or section of an examination shall obtain additional
or remedial instruction. The dental board shall determine the amount and type
of such required instruction based upon the performance of the applicant on the
prior examinations. The required instruction shall be completed in a course and
at a school of dentistry or dental hygiene approved by the board. The applicant
shall submit a written statement, signed by an authorized member of the faculty
of that school of dentistry or dental hygiene, advising the board or its
designee that the applicant is qualified for re-examination.
(b) If any applicant fails to pass the examination or
any section thereof on re-examination, following compliance with subsection (a)
above, the board may, for good cause shown by the applicant, authorize further
re-examination. In such case, the board may accept the results of any
re-examination of that applicant conducted thereafter by the national board of
dental examiners or by any other testing agency, the results of which are
otherwise accepted by the board. (Authorized by and implementing K.S.A. 1983
Supp. 65-1429; effective Jan. 1, 1966; amended May 1, 1984.)
71-1-5. (Authorized by K.S.A. 65-1434; effective Jan. 1, 1966;
amended, E-77-9, March 19,
1976; amended Feb. 15, 1977; amended May 1, 1980; amended May 1, 1981; revoked
May 1,
1985.)
71-1-6. (Authorized by K.S.A. 65-1434; effective Jan. 1, 1966;
amended May 1, 1981; revoked May 1, 1985.)
71-1-7. (Authorized by K.S.A. 65-1426, 65-1428; effective Jan.
1, 1966; revoked May 1, 1981.)
71-1-8. Time for holding specialist
examination. (Authorized by K.S.A. 65-1427; effective Jan. 1, 1966;
amended May 1, 1979; revoked Feb. 20, 2004.)
71-1-9. Examination on dental law of
71-1-10. Dental interne permit
requirements. (Authorized by K.S.A.
65-1459; effective Jan. 1, 1966; revoked Feb. 20, 2004.)
71-1-11. Examination fee. (Authorized by K.S.A. 65-1427, 65-1429, 65-1447;
effective Jan. 1, 1966; revoked Feb. 20, 2004.)
71-1-12. (Authorized by K.S.A. 65-1431; effective Jan. 1, 1966;
revoked May 1, 1985.)
71-1-13. (Authorized by and implementing K.S.A. 65-1438,
74-1406; effective May 1, 1980;
revoked March 6, 1995.)
71-1-14. (Authorized by and implementing K.S.A. 65-1437;
effective May 1, 1984; amended
May 1, 1986; revoked May 1, 1988.)
71-1-15. Dental recordkeeping
requirements. For the purposes of
K.S.A. 65-1436 and amendments thereto, each licensee shall maintain for each
patient an adequate dental record for 10 years after the date any professional
service was provided. Each record shall
disclose the justification for the course of treatment and shall meet all of
the following minimum requirements:
(a) It is legible.
(b) It contains
only those terms and abbreviations that are comprehensible to similar
licensees.
(c) It contains
adequate identification of the patient.
(d) It
indicates the date any professional
service was provided.
(e) It contains
pertinent and significant information concerning the patient's condition.
(f) It reflects
what examinations, vital signs and tests were obtained, performed or ordered
and the findings and results of each.
(g) It indicates the initial diagnosis and the
patient's initial reason for seeking the licensee's services.
(h) It
indicates the medications prescribed, dispensed or administered and the
quantity and strength of each.
(i) It reflects
the treatment performed or recommended.
(j) It
documents the patient's progress during the course of treatment provided by the
licensee.
(Authorized
by K.S.A. 74-1406; implementing K.S.A. 65-1436; effective May 1, 1988; amended
Feb. 20, 2004.)
71-1-16. (Authorized by K.S.A. 74-1406(l); implementing K.S.A.
65-1423(g); effective May
10, 1993; amended Sept. 6, 1994; revoked Nov. 7, 1997.)
71-1-17. (Authorized by K.S.A.
74-1406(l); implementing K.S.A. 65-1423(g); effective May
10, 1993; amended Sept. 6, 1994; revoked Nov. 7, 1997.)
71-1-18. Sterilization and infection
control. (a) As used in
this regulation, the following definitions shall apply:
(1)
"Dental health care worker" means dentist, dental hygienist,
dental assistant, or other employee of the dentist, or any other person who performs or
participates in an invasive or exposure-prone procedure or functions ancillary
to invasive procedures.
(2) "Exposure-prone
procedure" means a procedure in which there is an increased risk of
percutaneous injury to the dental health care worker by virtue of digital palpation
of a needle tip or other sharp instrument in a body cavity or simultaneous
presence of the dental health care worker's fingers and a needle or other sharp
instruments in a poorly visualized or highly confined anatomic site, or any
other circumstance in which there is a significant risk of contact between the
blood or body fluids of the dental health care worker and the blood or body
fluids of the patient.
(3) "HbeAg
seropositive" means that the presence of the hepatitis B antigen has been
confirmed by a test meeting the criteria of federal centers for disease
control.
(4) "HBV"
means the hepatitis B virus.
(5) "HIV"
means the human immunodeficiency virus.
(6) "HIV"
seropositive" means that the presence of HIV antibodies has been confirmed
by a test meeting the criteria of the federal centers for disease control.
(7) "Invasive
procedure" means any surgical or other diagnostic or therapeutic procedure
involving manual or instrumental contact with or entry into any blood, body
fluids, cavity, internal organ, subcutaneous tissue, mucous membrane, or
percutaneous wound of the human body.
(b) Each dental
health care worker who performs or participates in an invasive or
exposure-prone procedure shall observe and adhere to infection control
practices and universal blood and body fluid precautions. For the purpose of infection control, all
dental staff members and all patients shall be considered potential carriers of
communicable diseases. Infection control
procedures shall be required to prevent disease transmission from patient to
doctor and staff, doctor and staff to patient, and patient to patient. Each dentist shall be required to comply with
the applicable standard of care in effect at the time of treatment. Precautions shall include the following
minimum standards.
(1) Each dental
health care worker shall routinely use protective barriers and surface
decontamination.
(A) Gloves shall
be used by the dentist and direct care staff during any treatment involving
procedures or contact with items potentially contaminated with the patient's
bodily fluids or other dental debris.
Fresh gloves shall be used for each patient. Gloves that have been used for dental
treatment shall not be reused for any other purpose.
(B) Surgical
masks and protective eyewear or chin-length plastic face shields shall be worn
to protect the face, the oral mucosa, and the nasal mucosa when splashing or
splattering of blood or other body fluids is likely.
(C) Reusable or
disposable gowns, laboratory coats, or uniforms shall be worn when clothing is
likely to be soiled with blood or other body fluids. If reusable gowns are worn, they may be
washed, using a normal laundry cycle.
Gowns shall be changed at least daily or when visibly soiled with blood.
(D) Surface
decontamination and disinfection or protective barriers shall be used in areas
of the dental operatory that may be contaminated by blood or saliva during
treatment and are not removable to be sterilized. Contaminated surface coverings shall be
removed, discarded, and then replaced with clean material between
patients. Surfaces to be covered or
decontaminated and disinfected shall include the following:
(i) The
delivery unit;
(ii) chair
controls;
(iii) light
handles;
(iv) the
high-volume evacuator handle;
(v) x-ray heads
and controls;
(vi) headrests;
and
(vii) instrument
trays.
(E) Dental
health care workers shall wash their hands after glove removal if the hands
have been contaminated by bodily fluids or other dental debris.
(F) Dental
health care workers who have exudative lesions or weeping dermatitis shall
refrain from all direct patient care and from handling patient care devices
used in exposure-prone invasive procedures, unless covered by an effective
barrier.
(2) Dental
health care workers shall take appropriate precautions to prevent injuries
caused by needles, scalpels, and other sharp instruments during and after
procedures. If during a single visit a
patient needs multiple injections over time from a single syringe, the needle shall
be recapped or placed in a sterile field between each use to avoid the
possibility of needlestick injury or needle contamination. Used sharp items shall be placed in
puncture-resistant containers for disposal.
(3) Any
heat-stable instrument or device that enters tissue or contacts the mucous
membranes shall be sterilized. Dental
health care workers shall comply with the following sterilization requirements.
(A) Before
sterilization, all instruments shall be decontaminated to remove all visible
surface contamination, including blood, saliva, tooth and dental restorative
material cuttings and debris, soft tissue debris, and bacterial plaque. Decontamination of instruments may be
accomplished by a thorough scrubbing with soap and water or detergent, or by
using a mechanical device, including an ultrasonic cleaner. Persons involved in cleaning instruments
shall take reasonable precautions to prevent injuries.
(B) Heat-stable
dental instruments shall be routinely sterilized between patient use by one of
the following methods:
(i) Steam
under pressure autoclaves;
(ii) heat plus
pressurized chemical (unsaturated formaldehyde or alcohol);
(iii) vapor
chemoclave;
(iv) prolonged
dry heat exposure;
(v) dry heat
convection sterilizers;
(vi) ethylene
oxide sterilizers; or
(vii) other
equivalent methods.
(C) Biological
spore testing devices shall be used on each sterilization unit after each six
days of use, but not less often than each month, to verify that all pathogens
have been killed. A log of spore testing
shall be kept for three years for each sterilization unit.
(D) Items to be
sterilized shall include the following:
(i) Low-speed
handpiece contra-angles and prophy-angles;
(ii) high-speed
handpieces;
(iii) hand
instruments;
(iv) burs;
(v) endodontic
instruments;
(vi) air-water
syringe tips;
(vii) high-volume
evacuator tips;
(viii)surgical instruments; and
(ix) sonic or
ultrasonic periodontal scalers.
(E) When
sterilizing the heat-stable instruments or devices listed in paragraphs
(b)(3)(D)(i) through (ix), each instrument or device shall be placed in a
closed bag or container for sterilization and thereafter maintained in that bag
or container until immediately before use.
(F) Following
the sterilization of heat-stable instruments or devices not listed in
paragraphs(b)(3)(D)(i) through (ix), each instrument or device shall be
maintained in covered storage until immediately before use.
(G) Nondisposable
items used in noninvasive procedures that cannot be heat sterilized shall be
decontaminated and disinfected with a chemical sterilant that has been registered
by the U.S. Environmental Protection Agency and is tuberculocidal.
(H) Materials,
impressions, and intra-oral appliances shall be decontaminated and disinfected
before being sent to and upon return from a commercial dental laboratory.
(I) A dental
health care worker who is HbeAg seropositive or HIV seropositive, or who
otherwise knows or should know that the worker carries and is capable of
transmitting HBV or HIV, shall not thereafter perform or participate directly
in an exposure-prone procedure unless the worker has sought counsel from an
expert review panel. The expert review
panel shall be composed of these individuals:
(i) The dental
health care worker's personal physician:
(ii) an
infectious disease specialist with expertise in HIV and HBV transmission;
(iii) a dentist
licensed in the state of
(iv) a state of
(c) Reports and
information furnished to the Kansas dental board relative to the HbeAg or HIV
status of a dental health care worker shall not be deemed to constitute a
public record but shall be deemed and maintained by the board as confidential
and privileged as a medical record. These
reports and this information shall not be subject to disclosure by means of
subpoena in any judicial, administrative, or investigative proceeding, if the
dental health care worker adheres to the regulations of the board and is
willing to participate in counseling and be reviewed and monitored by the board
or its designated agent.
(d) When the
board learns that a dental health care worker is HbeAg or HIV seropositive,
contact shall be made with that dental health care worker to review the
regulations of the board and develop a process of monitoring that individual's
practice.
(e) The
monitoring of a dental health care worker's HIV or HBV status and discipline of
the dental health care worker shall be reported to the
(f) During
business hours, the office of a licensed dentist may be inspected by the
71-1-19 Proration of fees. (a) Beginning June 1, 1997, each dentist applying for
licensure on or after the first day of January shall pay 1/24th of the biennial
renewal fee for each full month remaining in the renewal period, in addition to
the application fee.
(b) Beginning June 1, 1997, each dental hygienist
applying for licensure on or after the first day of January shall pay 1/24th of
the renewal fee for each full month remaining in the renewal period, in
addition to the application fee. (Authorized by K.S.A. 65-1447 and 74-1406;
implementing K.S.A. 65-1447; effective Nov. 7, 1997.)
71-1-20. Reinstatement of license fee. The penalty fee to be paid by any licensee seeking
reinstatement of a cancelled license pursuant to K.S.A. 65-1431(e)(2) , and
amendments thereto, shall be $200. (Authorized by K.S.A. 65-1426; implementing
K.S.A. 1998 Supp. 65-1431, as amended by L. 1999, Ch. 149, § 5; effective May
5, 2000.)
71-1-21. Suspension,
termination, or denial of licensee's authority to practice when found in
contempt of court pursuant to K.S.A. 20-1204a(f).
(a)(1) Within 30 days after receipt of a court-ordered
notice and a copy of the court order finding an individual in contempt of court
in a child support proceeding, the individual shall be notified by the board in
writing of the board's intent to suspend, deny, or withhold renewal of a
license and of the individual's rights and duties under K.S.A. 74-147 and
amendments thereto.
(2) If the notice accompanied by the court order
provides inadequate information identifying the person in contempt, the person
serving the notice shall be promptly contacted by the board for additional
information. The 30-day notice shall commence when sufficient information
identifying the person to contact is received.
(b) Notice to licensee. The written notice issued by
the board shall inform the licensee of the following:
(1) The board's intent to deny, refuse to renew, or
suspend the license commencing six months after the date the notice is issued
unless the licensee furnishes to the board a court order releasing the
individual from the contempt citation; and
(2) if the individual does not furnish the release
before the expiration of the six-month period, the board's intent to commence
proceedings to deny the issuance of, to refuse to renew, or to suspend the
license following the summary procedure stated in K.S.A. 77-537 and amendments
thereto.
(c)Temporary license.
(1) If an individual has applied for issuance or
renewal of a license and is otherwise eligible, a temporary license shall be
issued by the board and shall accompany the notice issued pursuant to
subsection (b). The temporary license shall be valid for six months after the
date of the notice issued according to subsection (b).
(2) If a licensee is eligible to request renewal of a
license and has previously received the notice required by subsection (b), the
temporary license shall be valid only for the remainder of the six-month period
that commenced upon issuance of the notice.
(3) Each temporary license shall include a date of
issuance and a date of expiration.
(4) A temporary license shall not be extended, unless
the board decides to extend the temporary license for up to 30 days to prevent
extreme hardship for a patient of the licensee.
(5) The licensee shall obtain a release from the court
that found the individual in contempt before the permanent license may be
issued or renewed by the board.
(6) The release shall be furnished to the board before
the expiration of the temporary license. If the release is not finished within
the six-month period of time, the temporary license shall expire, and either of
the following shall occur:
(A) Summary proceedings to deny issuance shall be
commenced by the board.
(B) Renewal of the permanent license may be refused by
the board.
(d) Hearing.
(1) If the licensee does not provide a copy of the
release as specified in paragraph (c)(5) to the board within the six-month time
period, the permanent license shall be denied, refused for renewal, or
suspended by the board in accordance with the summary proceedings of K.S.A.
77-537 and amendments thereto.
(2)(A) The issues at the hearing shall be limited to
the following:
(i)The identity of the individual;
(ii) the validity of the notices pursuant to K.S.A.
74-147 and amendments thereto; and
(iii) the validity of any additional conditions imposed
by the board if the conditions are otherwise subject to review.
(B) Any issues related to child support shall not be
subject to the board's jurisdiction.
(3) If the board issues an order denying, refusing to
renew, or suspending a permanent license of an individual as specified in this
subsection, the individual may apply for reinstatement of the application or
license, as appropriate, if the individual furnishes a court order releasing
the individual from the contempt citation and it is determined by the board
that the individual is otherwise eligible for a license.
(e) Fees. If a license is denied, refused for renewal,
or suspended, any fees paid by the individual shall not be refunded.
(Authorized by K.S.A. 74-1406(l); implementing K.S.A. 1999 Supp. 74-146 and
K.S.A. 1999 Supp. 74-147; effective May 5, 2000.)
Article 2. -- SPECIALISTS
71-2-1. Time for filing applications. (Authorized by and implementing K.S.A. 65-1427;
effective Jan. 1, 1966; amended, E-77-9, March 19, 1976; amended Feb. 15, 1977;
amended May 1, 1980; amended March 27, 1989; revoked Feb. 20, 2004.)
71-2-2. Branches of dentistry. The recognized braches of dentistry for which
application may be made for a specialist’s certificate shall be the following: dental
public health, endodontics, oral and maxillofacial pathology, oral and
maxillofacial radiology, oral and maxillofacial surgery, orthodontics,
pediatric dentistry, periodontics and prosthodontics. These branches of dentistry shall be defined
as follows:
(a) “Dental public health” means that branch of
dentistry relating to the science and art of preventing and controlling dental
diseases and promoting dental health though organized community efforts. Dental public health is the form of dental
practice that serves the community rather than individual patients. This branch of dentistry is concerned with
the dental health education of the public, with applied dental research, and
with the administration of group dental care programs as well as the prevention
and control of dental diseases on a community basis.
(b) “Endodontics” means that branch of dentistry
concerning the morphology, physiology, and pathology of the human dental pulp
and periradicular tissues. The study and
practice encompass the basic and clinical sciences, including the biology of
the normal pulp; the etiology, diagnosis, prevention, and treatment of diseases
and injuries of the pulp; and associated periradicular conditions.
(c) “Oral and maxillofacial pathology” means that
branch of dentistry concerning the nature, identification, and management of
diseases affecting the oral and maxillofacial regions. This branch is a science that investigates
the causes, processes, and effects of these diseases. The practice of oral and maxillofacial
pathology includes the research and diagnosis of diseases using clinical,
radiographic, microscopic, biochemical, and other examinations.
(d) “Oral and maxillofacial radiology” means that
branch of dentistry concerning the production and interpretation of images and
data produced by all forms of radiant energy that are used for the diagnosis
and management of diseases, disorders, and conditions of the oral and
maxillofacial region.
(e) “Oral and maxillofacial surgery” means that
branch of dentistry concerning the diagnosis and the surgical and adjunctive
treatment of disease, injuries, and defects involving both the functional and
aesthetic aspects of the hard and soft tissues of the oral and maxillofacial
region.
(f) “Orthodontics,” which shall include “dentofacial
orthopedics,” means that branch of dentistry concerning the diagnosis,
prevention, interception and correction of malocclusion, as well as
neuromuscular and skeletal abnormalities of the developing or mature orofacial
structures.
(g) “Pediatric dentistry” means the branch of
dentistry that is the age-defined specialty providing both primary and
comprehensive prevention and therapeutic oral health care for infants and
children through adolescence, including those with the special health care
needs.
(h) “Periodontics” means that branch of dentistry
concerning the prevention, diagnosis, and treatment of diseases of the
supporting and surrounding tissues of the teeth or their substitutes and the
maintenance of the health, function, and esthetics of these structures and
tissues.
(i) “Prosthodontics” means that branch of dentistry
concerning the diagnosis, treatment planning, rehabilitation, and maintenance
of the oral function, comfort, appearance, and health of patients with clinical
conditions associated with missing or deficient teeth or oral and maxillofacial
tissues, or both, using biocompatible substitutes. (Authorized by K.S.A. 74-1406; implementing
K.S.A. 65-1427; effective Jan. 1, 1966; amended, E-77-9, March 19, 1976; amended
Feb. 15, 1977; amended May 1, 1980; amended March 27, 1989; amended April 1,
2005; amended Dec. 30, 2005.)
71-2-3. Committee for specialists
examination. After the election of
officers of the board each year, an examining committee for each of the
recognized branches of dentistry shall be appointed by the board. Each
committee shall consist of two members, each of whom shall be licensed dentists
holding a specialist's certificate in the specialty for which the committee is
appointed. Each committee shall conduct the specialists' examination in its
specialty. One of the committee members shall be designated chairman of the
committee by the board. (Authorized by and implementing K.S.A. 65-1427;
effective Jan. 1, 1966; amended May 1, 1980; amended March 27, 1989.)
71-2-4. Manner of processing
applications.
(Authorized by and implementing K.S.A. 65-1427; effective Jan. 1, 1966; amended
May 1, 1981; amended March 27, 1989 revoked Feb. 20, 2004.)
71-2-5. Qualifications and requirements
of an applicant for certification as a specialist.
(a) Each applicant shall be licensed to practice
dentistry in the state of
(b) Each applicant shall have successfully completed a
graduate program in the specialty for
which certification is sought in a dental school, college or other dental
specialty training program
approved by the board and which the board determines has standards of education
not less than
that required for accreditation by the commission on dental accreditation of
the American dental association, or its equivalent, applicable for the year in
which the training was completed.
(c) Any applicant who meets either of the following
requirements may request a waiver of the board’s requirement to pass a
(1)
Holds a Kansas license to practice dentistry, holds a specialist certificate
that is in the specialty for which certification is sought and that has been
grated by a duly authorized licensing agency of another state, and has actively
practiced in that specialty for the five-year period immediately before
submitting an application for certification as a specialist in Kansas; or
(2) is a
diplomat of the American board of the specialty for which certification is
sought.
(d)
To be eligible to take a specialty examination, each applicant shall
file with the board an application, upon a form provided by the board, along
with payment of the nonrefundable specialty certificate examination fee. (Authorized by and implementing K.S.A.
65-1427, 65-1434; effective Jan. 1, 1966; amended May 1, 1979; amended May 1,
1980; amended May 1, 1981; amended March 27, 1989; amended June 4, 2004.)
71-2-6. Fee for specialty examination. (Authorized by and implementing K.S.A. 65-1427;
effective Jan. 1, 1966; amended May 1, 1979; amended May 1, 1980; amended May
1, 1985; amended March 27, 1989; revoked June 4, 2004.)
71-2-7. Additional requirements and
qualifications for specialist. Unless a waiver is granted pursuant to K.A.R.
71-2-5, in addition to any other requirement of either the dental act or these
regulations, each applicant for a specialist certificate shall meet the
following requirements:
(a) Submit with the application a transcript of all
graduate-level dental education completed and a letter of reference from a
practicing dentist who has personal knowledge of the applicant’s experience and
qualifications in the specialty for which a specialist certificate is sought;
and
(b) pass a board-approved specialist examination for
the specialty sought.
(Authorized
by and implementing K.S.A. 65-1427; effective Jan. 1, 1966; amended May 1,
1979; amended May 1, 1980; amended May 1, 1981; amended March 27, 1989; amended
June 4, 2004.)
71-2-8. (Authorized by K.S.A. 65-1427; effective Jan. 1, 1966;
revoked May 1, 1980.)
71-2-9. Specialist examinations.
(Authorized by and implementing K.S.A.
65-1427; effective Jan. 1, 1966; amended May 1, 1980; amended March 27, 1989; revoked
Feb. 20, 2004.)
71-2-10. (Authorized by K.S.A. 65-1427; effective Jan. 1, 1966;
revoked May 1, 1981.)
71-2-11. Revocation of specialist certificate. Any
dental specialist certificate may be revoked or suspended for any of the
grounds upon which the board may discipline a dental licensee. (Authorized by
and implementing K.S.A. 65-1427; effective Jan. 1, 1966; amended March 27,
1989; amended Sept. 17, 2004.)
71-2-12. Evidence supporting
qualifications.
(Authorized by and implementing K.S.A. 65-1427; effective Jan. 1, 1966; amended
March 27, 1989; revoked Feb. 20, 2004.)
71-2-13.
(Authorized by and
implementing K.S.A. 65-1427; effective Jan. 1, 1966; revoked
March 27, 1989.)
Article 3.--DENTAL HYGIENISTS
71-3-1. Prohibited advertising. All
independent advertising by a dental hygienist is hereby prohibited. (Authorized
by K.S.A. 65-1456, 65-1457, 65-1458; effective Jan. 1, 1966.)
71-3-2. Permitted advertising. All
advertising by a dental hygienist shall
include the name of a Kansas-licensed dentist with whom the dental hygienist is
employed or associated. If the name of
the dental hygienist is used in advertising, the name shall be accompanied by
the designation “R.D.H.” or “dental hygienist.” (Authorized by K.S.A. 65-1455,
65-1456, 65-1457, 65-1458; effective Jan. 1, 1966; amended May 1, 1979; amended
Sept. 17, 2004.)
71-3-3.
(Authorized by K.S.A. 65-1456
and K.S.A. 74-1406(l); implementing K.S.A. 65-1456;
effective Jan. 1, 1966; amended May 24, 1993; amended Sept. 6, 1994; revoked
Nov. 7, 1997.)
71-3-4. Duty to notify board of
residence and office address. Each
dental hygienist shall notify the board in writing of any change in the following,
within 30 days of the change:
(a) The
hygienist’s residence address;
(b) the hygienist’s employer or employers; and
(c) the hygienist’s practice location or locations.
(Authorized
by K.S.A. 65-1455, 65-1456, 65-1457, 65-1458; effective Jan. 1, 1966; amended
Sept. 17, 2004.)
71-3-5. Use of letters to designate
dental hygienist registration.
(Authorized by K.S.A. 65-1455, 65-1456,
65-1457, 65-1458; effective Jan. 1, 1966; revoked Feb. 20, 2004.)
71-3-6. (Authorized by K.S.A. 1979 Supp. 65-1456; effective
Jan. 1, 1966; revoked May 1, 1980.)
71-3-7. Procedures that may be performed
under general supervision. Any
hygienist licensed in
71-3-8. Refresher course. (a) An eligible dental hygienist may, except as
provided in subsection (e) below, return to the practice of dental hygiene
without the requirement of a clinical examination, upon submitting an application
on a form provided by the board and providing proof of having successfully
completed a refresher course approved by the board.
(b) For purposes of this regulation, an eligible
dental hygienist shall be an individual who meets the following requirements:
(1) Was previously licensed to practice dental
hygiene;
(2) has not been disciplined by the licensing board in
any state in which the individual has been licensed to practice dental hygiene;
(3) has practiced dental hygiene; and
(4) meets the other requirements for licensure set
forth in K.S.A. 65-1455, and amendments thereto.
(c) For a refresher course to be approved by the
board, it shall meet the following minimum criteria:
(1) Be taught at a dental hygiene school approved by
the board;
(2) consist of a minimum of 48 clock hours, including
a minimum of 32 clock hours of clinical instruction;
(3) include didactic coursework, which may be
presented in a classroom or independent study setting, or both, and clinical
coursework covering the following:
(i) infection
control and sterilization;
(ii) patient assessment, including the taking of
health histories, an oral inspection and evaluation, and charting;
(iii) radiographic techniques;
(iv) instrumentation techniques, including periodontal
procedures and instrument sharpening;
(v) current techniques in the polishing of teeth and
the application of fluoride;
(vi) patient education;
(vii) emergency situations; and
(viii) the current
(4) include final written and clinical evaluations that
require a minimum passing score of 75 percent.
(d) As a further condition of returning to the
practice of dental hygiene, the dental hygienist may be required to appear
before the board.
(e) A formerly retired or disabled dental hygienist
who is returning to the practice of dental hygiene, without the requirement of
a clinical examination, may not administer local anesthesia or nitrous oxide
until having completed courses of instruction in local anesthesia and nitrous
oxide approved by the board. (Authorized by K.S.A. 1999 Supp. 65-1431, as
amended by L. 2000, ch. 169, sec. 7 and K.S.A. 74-1406, as amended by L. 2000,
ch. 169, sec. 18; implementing K.S.A. 1999 Supp. 65-1431, as amended by L.
2000, ch. 169, sec. 7; effective Sept. 1, 2000.)
71-3-9. Extended care permits. (a)
Definitions.
(1)
“Extended care permit I” shall mean a permit issued pursuant to K.S.A.
65-1456(f), and amendments thereto.
(2)
“Extended care permit II” shall mean a permit issued pursuant to K.S.A.
65-1456(g), and amendments thereto.
(3)
“Extended care permit treatment” shall mean the treatment that a
hygienist may provide if the hygienist has a valid extended care permit I or
II.
(4)
“Patient assessment report” shall mean the report of findings and
treatment required by K.S.A. 65-1456(f)(6) or (g)(6), and the amendments
thereto.
(5)
“Sponsoring dentist” shall mean a dentist who fulfills the requirements
of K.S.A. 65-1456(f)(3) or (g)(3), and amendments thereto.
(b) Application for permit. Each applicant for an extended care permit I
or II shall file with the board a completed application on a form provided by
the board.
(c)
Notice of practice location to sponsoring dentist. Before provided extended care permit
treatment at a new location, each hygienist shall inform the sponsoring
dentist, orally or in writing, of the new address and the type of procedures to
be performed there.
(d)
Patient assessment reports.
(1) Each required patient assessment report shall
include a description of the extended care permit treatment, the date or dates
of treatment, and the hygienist’s assessment of the patient’s apparent need for
further evaluation by a dentist.
(2) No later than 30 days from the date on which
extended care permit treatment is completed, the hygienist providing the
treatment shall cause the required patient assessment report to be delivered to
the sponsoring dentist.
(3) When providing extended care permit treatment
at a location operated by an organization with a dental or medical supervisor,
the dental hygienist providing the extended care permit treatment shall also
cause the required patient assessment report to be delivered to the dental or
medical supervisor within 30 days from the date on which the extended care
permit treatment is completed.
(e)
Suspension of extended care permit treatment. If a hygienist’s sponsoring dentist cannot or
will not continue to function as a sponsoring dentist, the hygienist shall
cease providing extended care permit
treatment until the hygienist obtains a written agreement with a replacement
sponsoring dentist.
(f)
Review of patient assessment reports.
A sponsoring dentist shall review each patient assessment report within
30 days of receiving the report.
(Authorized by K.S.A. 74-1406(e); implementing K.S.A. 2003 Supp.
65-1456; effective Sept. 17, 2004.)
Article 4.--CONTINUING EDUCATION
REQUIREMENTS
71-4-1. Continuing education credit
hours required for renewal license of dentist and dental hygienist. (a) Each dentist licensee shall submit to the board,
with the license renewal application, evidence of satisfactory completion of at
least 60 hours of continuing education courses that qualify for credit. Each
dentist licensee who holds a specialist certificate shall provide evidence
satisfactory to the board that at least 40 of the required 60 hours of
continuing education are in courses in the specialty for which the licensee
holds a specialist certificate. Each required course hour shall be completed in
the 24-month period immediately preceding the date of expiration of the
license. The term ``courses'' as used in article 4 of these regulations
includes courses, institutes, seminars, programs and meetings.
(b) Each dental hygienist licensee shall submit, with
the license renewal application, evidence of
satisfactory completion of a minimum of 30 hours of continuing dental education
courses that qualify for credit. Each course shall have been completed in the
24-month period immediately preceding the date of expiration of the dental
hygienist license.
(c) An extension of time to complete the dental
educational requirements may be
granted by the board if it finds that good cause has been shown.
(Authorized
by K.S.A. 74-1406 and K.S.A. 65-1431, as amended by L. 1996, ch. 210, sec. 3;
implementing K.S.A. 65-1431, as amended by L. 1996, ch. 210, sec. 3; effective
May 1, 1978; amended May 1, 1986; amended March 27, 1989; amended Dec. 27,
1996, Feb. 20, 2004.)
71-4-2. Approved continuing dental
education. The following general standards shall be used by the
board in determining which courses will qualify for continuing dental education
credits required as a condition for the annual renewal of dental and dental
hygienist licenses:
(a) Eligibility.
Only those courses which increase the dentist's or dental hygienist's
clinical and theoretical dental knowledge or ability to provide care and
treatment to patients shall qualify for credit in computing the required hours
of continuing dental education. Any person or organization may apply in writing
to the board for approval of any courses.
(b) Courses. Subject
to the eligibility standards set forth in paragraph (a) above, all courses,
both
within and without the state of
(1) any college or university;
(2) the American dental association, the national
dental association, or their component and
constituent societies and associations;
(3) the American dental hygienists association and
national dental hygienists association or their
component and constituent societies and associations;
(4) the academies and specialty organizations
recognized by the dental board;
(5) local dental society and dental hygiene society
meetings;
(6) dental or dental hygiene study club meetings; and
(7) programs that are sponsored by the veterans
administration or the armed forces and given
at a
attendance at such courses.
(c) Advanced
study. A waiver of continuing dental education requirements shall be
granted if
a licensee is engaged as a full-time student in graduate study, internships or
a residency program in dentistry, any of the specialties of dentistry
recognized by the board, or dental hygiene.
(d) New graduates.
A waiver of the continuing dental education requirements shall be granted
for the first year after a licensee graduates and becomes licensed.
(e) Lecturing,
presenting papers, or clinics, teaching.
Any licensee may receive a maximum of
10 hours of credit annually for any combination of lecturing, presenting papers
or clinics or teaching subjects related to dentistry and dental hygiene. Credit for teaching courses involving
repeated presentation of similar subject matters shall be limited to the time
spent in one presentation.
(f) Commercially
sponsored courses. Continuing dental education courses sponsored by any
person, corporation, association or other entity on a profit-making basis shall
be approved by the
board for continuing dental education credit subject to the eligibility
standards set forth in paragraph (a) above.
(g) Credit for programs of home study shall be allowed
for eligible courses based upon the hours
of continuing dental education credit established by the sponsor or producers
of the course, subject to prior review and determination of the allowable hours
of credit by the board.
(h) Credit may be granted, upon the application of any
licensee, for authorship of published
dental articles or books or for teaching any approved dental education course.
The hours of
credit to be allowed shall be determined by the board. The maximum number of
hours allowed
shall be:
(1) 10 hours for any single article;
(2) 20 hours for any book; and
(3) five hours for teaching a course.
(i) Disabled or retired dentists.
(1) The dental education requirements shall be waived
for licensees who are disabled or retired,
as those terms are defined by statute. In order to return to active practice,
after a period of disability or retirement, each licensee shall complete
continuing dental education credit hours according to the following schedule:
(A) Licensed dentists:
|
(i) |
five
or more years disability or retirement |
100
hrs |
|
(ii)
|
four
years disability or retirement |
80
hrs |
|
(iii)
|
three
years disability or retirement |
70
hrs |
|
(iv)
|
two
years disability or retirement |
60
hrs |
|
(v)
|
one
year disability or retirement |
30
hrs |
(B)
Licensed dental hygienists:
|
(i) |
five
or more years disability or retirement |
50
hrs |
|
(ii)
|
four
years disability or retirement |
40
hrs |
|
(iii)
|
three
years disability or retirement |
35
hrs |
|
(iv)
|
two
years disability or retirement |
30
hrs |
|
(v)
|
one
year disability or retirement |
15
hrs |
(2) Upon
application of a licensee, all or any portion of the continuing dental
education hours
required of a licensee returning to practice may be waived if the licensee
passes an examination
determined by the board. Such an examination may be required in addition to
completion of the
continuing dental education hours required above. The examination may be
written, oral or
clinical, or all of these, at the board's determination. (Authorized by K.S.A.
74-1406 and K.S.A.
1984 Supp. 65-1431; implementing K.S.A. 1984 Supp. 65-1431; effective May 1,
1978; amended May 1, 1986.)
71-4-3. Continuing dental education
reports. (Authorized by
K.S.A. 74-1406 and K.S.A. 1995 Supp. 65-1431, as amended by L. 1996, ch. 210,
sec. 3; implementing K.S.A. 1995 Supp. 65-1431, as amended by L. 1996, ch. 210,
sec. 3; effective May 1, 1978; amended May 1, 1986; amended Dec. 27, 1996;
revoked Feb. 20, 2004.)
Article 5 - SEDATIVE AND GENERAL
ANAESTHESIA
71-5-1. Definitions. As
used in these regulations and for the purpose of administering Article 5, the
terms in this regulation shall be defined as follows.
(a) ``Conscious
sedation'' means a minimally depressed level of consciousness in which the
patient
retains the ability to independently and continuously maintain an airway and
respond
appropriately
to physical stimulation and verbal command.
(b) ``Deep sedation'' means a controlled state of
depressed consciousness, accompanied by partial loss of protective reflexes,
with occasional inability to respond purposefully to verbal command and
maintain an adequate airway.
(c) ``General anesthesia'' means a controlled state of
unconsciousness, accompanied by a partial
or complete loss of protective reflexes, including inability to independently
maintain an airway and respond purposefully to physical stimulation or verbal
command.
(d) ``Board'' means the
(Authorized
by K.S.A. 74-1406 and implementing K.S.A. 1994 Supp. 65-144; effective Nov. 27,
1995.)
71-5-2. Level I and II permits; scope of
treatment. (a) Level I permit. Except
as set out under subsection (b), any licensed dentist who has been issued a
Level I permit may administer conscious sedation in a dental office setting in
accordance with these regulations. No licensed dentist shall administer
intravenous or parenteral inhalation sedation agents other than nitrous oxide
without first obtaining a Level I permit issued by the board.
(b) Level I permit; restrictions. A licensed dentist
holding a Level I permit shall not be authorized to use any of the following
agents:
(1) Ultra-short acting barbiturates, such as:
(A) thiopental; or
(B) methohexitol;
(2) ketamine; or
(3) propofol.
(4) A Level I permit holder shall not use any
inhalation anaesthetic agent other than nitrous oxide.
(c) Level II permits. Any licensed dentist who has
been issued a Level II permit may administer
conscious sedation, deep sedation or general anesthesia in accordance with
these regulations.
(Authorized by K.S.A. 1994 Supp. 74-1406 and implementing K.S.A. 1994 Supp.
65-1444; effective Nov. 27, 1995.)
71-5-3. Level I permit requirements. (a) A Level
I permit for administration of conscious sedation in a dental office shall be
issued to each licensed dentist who fulfills these requirements:
(1) meets the education or experience requirements in
subsection (b);
(2) meets the requirements regarding facilities set
out in subsection (c); and
(3) has current certification in basic life support or
its equivalent.
(b) Each licensed dentist applying for a Level I
permit shall provide evidence of the following:
(1) satisfactorily completing one of the following:
(A) a minimum of 60 hours of instruction in
intravenous conscious sedation, including didactic
and supportive courses, provided by a training program approved by the board;
or
(B) an internship or residency program that includes
supervised experience in intravenous
conscious sedation equal to the 60 hours of instruction required in paragraph
(A); or
(2) having regularly engaged in the administration of
conscious sedation in a competent manner for a period of three years
immediately before the effective date of this regulation.
(c) Each licensed dentist applying for a Level I
permit shall provide evidence satisfactory to the
board that the dentist maintains a properly equipped facility that shall
include the following:
(1) a blood pressure monitor and stethoscope;
(2) an oxygen delivery system with full face masks,
including connectors capable of delivering oxygen under positive pressure; and
(3) emergency drugs and equipment.
(d) Each Level I permit shall be renewed biennially on
July 1 of odd-numbered years, on a
form prescribed by the board. The biennial renewal fee shall be $100.
(e) Each licensed dentist applying for a renewal of a
Level I permit shall demonstrate that
the dentist has maintained competence in administration of conscious sedation,
by providing evidence of having performed a minimum of 20 Level I procedures
during the two years preceding renewal. (Authorized by K.S.A. 74-1406 and
implementing K.S.A. 1996 Supp.65-1444; effective Nov. 27, 1995; amended Nov. 7,
1997.)
71-5-4. Level II permit requirements. (a) A Level II permit for administration of deep
sedation and general anesthesia shall be issued to each licensed dentist who
fulfills these requirements:
(1) meets the education or experience requirements in
subsection (b);
(2) meets the requirements regarding facilities set
out in subsection (c); and
(3) has current certification in basic life support or
its equivalent.
(b) Each licensed dentist applying for a Level II
permit shall provide evidence of the following:
(1) meeting the requirements for a Level I permit
established under 71-5-3; and satisfactorily completing one of the following::
(i) a course of study and residency program in
anesthesia approved by the board of healing arts;
(ii) an advanced oral and maxillofacial surgery
program approved by the board; or
(iii) a minimum of one year of advanced training in
anesthesiology with standards not less than
those established in the ``guidelines for teaching the comprehensive control of
pain and anxiety in dentistry,'' as published in 1992 and implemented in July,
1993 by the American dental association; or
(B) having regularly engaged in
the administration of deep sedation or general anesthesia in a competent manner
for a period of three years immediately before the effective date of this
regulation.
(c) Each licensed dentist applying for a Level II
permit shall provide evidence satisfactory to the
board that the dentist maintains a properly equipped facility that shall
include the following:
(1) facilities specified in K.A.R. 71-5-3(c); and
(2) appropriate equipment for intubation and IV
infusions.
(d) Each Level II permit shall be renewed biennially
on July 1 of odd-numbered years, on a
form prescribed by the board. The biennial renewal fee shall be $100.
(e) Each licensed dentist applying for renewal of a
Level II permit shall demonstrate that the
dentist has maintained competence in the administration of deep sedation and
general anesthesia, by providing evidence of having performed a minimum of 48 Level
II procedures during the two years preceding renewal. (Authorized by K.S.A.
74-1406 and implementing K.S.A. 1996 Supp. 65-1444; effective Nov. 27, 1995;
amended Nov. 7, 1997.)
71-5-5. Level I and II permits; general
requirements and procedures. (a) The
dentist responsible for the sedation or anesthesia procedure shall be
physically present in the office with the patient at all times during the
induction and maintenance of the procedure.
(b) Each licensed dentist holding a Level I or Level
II permit shall submit a written report to
the board within 30 days of any of the following occurrences related to the use
of conscious sedation, deep sedation or general anesthesia:
(1) death;
(2) any adverse occurrence which results in permanent
organic brain dysfunction of the patient; or
(3) physical injury causing hospitalization of the
patient within 24 hours of the procedure.
(c) Except in extreme emergencies, the licensed
dentist shall ensure that the following procedures are completed prior to
treatment for each patient requiring sedation or general anesthesia:
(1) a preoperative evaluation by a licensed dentist
regarding the choice of anesthesia;
(2) a written medical history signed and dated by the
patient or a responsible person; and
(3) laboratory testing, as indicated.
(d) Immediately before induction of the anesthesia or
sedation, the dentist performing the procedure shall review the patient's
medical history records to determine whether the patient has any allergies to
medications and to identify medications currently used by the patient.
(e)
Each licensed dentist holding a Level I or Level II permit shall allow the
board and its duly authorized agents or employees to inspect the dentist's
office during business hours to ensure compliance with Article 5 of these
regulations. An examination may be required as part of the inspection. Each
office shall be inspected within one year following the issue of the permit and
at least once during each five-year period thereafter.
(Authorized by K.S.A. 74-1406 and implementing K.S.A. 1994 Supp. 65-1444;
effective Nov. 27, 1995.)
71-5-6. Level I and II permits;
revocation, suspension or limitation. (a) Any Level I and II permit may be revoked,
suspended or limited by the board upon establishing that a permit holder:
(1) is no longer in compliance with one or more of the
requirements of Article 5 of these regulations;
(2) has engaged in negligent or dangerous conduct; or
(3) has been convicted of a crime which would affect
the ability of the licensed dentist holding
the permit to treat patients using conscious sedation, deep sedation or general
anesthesia.
(b) Prior to revocation, suspension or limitation of a
Level I or Level II permit by the board,
the licensed dentist holding the permit shall be provided notice and an
opportunity for a hearing
under the provisions of the administrative procedure act, K.S.A. 77-501 et
seq., as amended.
(Authorized
by K.S.A. 74-1406 and implementing K.S.A. 1994 Supp. 65-1449; effective Nov.
27, 1995.)
Article 6.--DENTAL AUXILIARIES
71-6-1.
Definitions. As used in these
regulations, the following terms shall have the meanings indicated:
(a) ``Approved instruction course'' means a course of
instruction that the board has found to meet the requirements listed in K.A.R.
71-6-3.
(b) ``Coronal'' means the portion of a tooth or tooth
replacement visible above the gum line.
(c) ``Coronal polish teeth'' means to remove soft
accretions and stains from coronal surfaces of teeth or tooth replacements.
(d) ``Coronal scale teeth'' means to remove hard
deposits and accretions from the coronal surfaces of teeth or tooth
replacements.
(e) ``Direct supervision'' means that the dentist is
in the dental office, personally diagnoses the condition to be treated,
personally authorizes the procedure, and, before dismissal of the patient,
evaluates the performance or has it evaluated by another person licensed by the
board. (Authorized by K.S.A. 74-1406 and implementing K.S.A. 1997 Supp.
65-1423(h)(5), as amended by L. 1998, Ch. 141,
Sec. 1; effective Feb. 12, 1999; amended April 16, 2004.)
71-6-2. Acts restricted. (a)(1) A nonlicensed person shall not perform coronal
scaling as part of a prophylaxis without first obtaining a certificate
demonstrating successful completion of an approved course of instruction.
(2) The supervising dentist shall not permit a
nonlicensed person to perform coronal scaling as part of a prophylaxis until
that person's certificate, demonstrating successful completion of an approved
course of instruction, is prominently posted at the location where the coronal
scaling will be performed.
(b) A nonlicensed person shall not perform coronal
scaling as a part of a prophylaxis on a patient who is under local or general
anesthesia.
(c) A nonlicensed person may perform coronal scaling
only under the direct supervision of a supervising dentist licensed and
practicing in
(Authorized by K.S.A. 74-1406 and implementing
K.S.A. 1997 Supp. 65-1423(h)(5), as amended by L. 1998, Ch. 141, Sec. 1;
effective Feb. 12, 1999.)
71-6-3. Approved instruction course. (a) Each private or public educational entity seeking
approval by the board, pursuant to L. 1998, Ch. 141, Sec. 1, of an instruction
course shall demonstrate that the course meets the following minimum
requirements:
(1) Has a student-instructor ratio consistent with the
American dental association accreditation standards for dental assisting
programs;
(2) encourages enrollment by a geographically diverse
population of prospective students;
(3) includes the following course topics:
(A) Dental and gingival anatomy and morphology;
(B) periodontal disease, including recognition and
treatment;
(C) dental plaque, stain, and calculus formation;
(D) sterilization and infection control;
(E) oral
hygiene, with an emphasis on technique, products, and devices;
(F) topical fluoride application;
(G) the use of instruments, including technique,
position, and sharpening;
(H) coronal scaling, including laboratory experience
with mechanical and ultrasonic devices; and
(I) coronal polishing, including laboratory
experience;
(4) is a minimum of 90 hours;
(5) includes one or more outcome assessment
examinations that demonstrate that the student has obtained technical and
clinical competency in the coronal scaling of teeth; and
(6) upon successful completion of the course, issuance
by the offering educational entity of a certificate identifying the student and
the date of successful completion.
(b) Before any proposed changes are made to the
required elements of an approved instruction course, the changes shall be
approved by the board. (Authorized by K.S.A. 74-1406 and implementing K.S.A.
1997 Supp. 65-1423(h)(5), as amended by L. 1998, Ch. 141, Sec. 1; effective
Feb. 12, 1999.)
71-6-4. Subgingival scaling.
Whenever coronal scaling is performed as part of a prophylaxis by a nonlicensed
person who has a certificate from an educational entity demonstrating
successful completion of an approved course of instruction, all subgingival
scaling shall be performed by a hygienist or dentist licensed in Kansas.
(Authorized by K.S.A. 74-1406 and implementing K.S.A. 1997 Supp. 65-1423
(h)(5), as amended by L. 1998, Ch. 141, Sec. 1; effective Feb. 12, 1999.)
71-6-5. Duty to notify board. Each
nonlicensed person who has received a certificate from an educational entity
demonstrating successful completion of an approved course of instruction
pursuant to K.S.A. 65-1423(a)(8)(E), and amendments thereto, shall meet the
following requirements:
(a) Within 30 days of obtaining the
certificate, provide a copy of the certificate to the board;
(b) notify the board, within 30 days of
employment or change in employment, of the names and business addresses of all
dentists who are employing or supervising the nonlicensed person; and
(c)
within 30 days of any change in the identity or business location of any
dentist employing the nonlicensed person, inform the board of the change. (Authorized by K.S.A. 74-1406 and
implementing K.S.A. 1997 Supp. 65-
1423 (h)(5), as amended by L. 1998, Ch. 141, Sec. 1; effective Feb. 12, 1999;
amended June 4, 2004.)
71-6-6.
Coronal polishing. Any dentist licensed and practicing in Kansas may
delegate to a nonlicensed person the coronal polishing of teeth if the dentist
provides that person with direct supervision and has provided that person with
the appropriate training in polishing techniques. (Authorized by K.S.A. 74-1406
and implementing K.S.A. 1997 Supp. 65-1423(h)(5), as amended by L. 1998, Ch.
141, Sec. 1; effective Feb. 12, 1999.)
Article 7.—ADVERTISING
71-7-1. Prior
submission to the board. Before a licensee, or anyone else acting on the
licensee’s behalf or on behalf of any associated or affiliated licensee, uses
or participates in the use of any form of advertising that contains one or more
statements regarding the professional superiority of or the performance of
professional services in a superior manner by the licensee or any associated or
affiliated licensees, the licensee shall submit to the board evidence
demonstrating the truthfulness of each such statement. (Authorized by and implementing K.S.A.
65-1437; effective Feb. 20, 2004.)
ARTICLE 8. MOBILE DENTAL FACILITIES AND
PORTABLE DENTAL OPERATIONS
71-8-1. Applicability of other
regulations. Each regulation applicable to a stationary
dental office shall also apply to each mobile dental facility or portable
dental operation. (Authorized by and
implementing L. 2005, ch. 115, § 2; effective Feb. 17, 2006.)
71-8-2.
Registration fee. Each applicant for a registration to operate
a mobile dental facility or portable dental operation shall pay a registration
fee of $500 per facility. (Authorized by K.S.A. 65-1447, as amended by L. 2005,
ch. 115, § 1, and L. 2005, ch. 115, § 2; implementing K.S.A. 65-1447, as
amended by L. 2005, ch. 115, § 1; effective Feb. 17, 2006.)
71-8-3.
Renewal of registration. (a) Each operator who wants to renew the
registration shall submit a renewal application, on a form provided by the
board, at least 60 days before the expiration date.
(b) Each registrant shall pay a
registration renewal fee of $350 per facility when submitting the renewal
application. (Authorized by K.S.A.
65-1447, as amended by L. 2005, ch. 115, § 1, and L. 2005, ch. 115, § 2;
implementing K.S.A. 65-1447, as amended by L. 2005, ch. 115, § 1; effective Feb.
17, 2006.)
71-8-4.
Office address and telephone number. (a) Each operator of a mobile
dental facility or portable dental operation shall maintain a business or
mailing address of record, which shall be filed with the board. This address shall not be a post office box.
(b) Each operator of a mobile
dental facility or portable dental operation shall maintain a telephone number
of record, which shall be filed with the board.
(c) Each operator shall notify
the board within 30 days of any change in the address or telephone number of
record.
(d) Each written or printed
document available from or issued by the mobile dental facility or portable
dental operation shall contain the address and telephone number of record for
the mobile dental facility or portable dental operation.
(e) Each operator shall maintain
all dental and billing records, when not in transit, at the address of
record. (Authorized by and implementing
L. 2005, ch. 115, § 2; effective Feb. 17, 2006.)
71-8-5.
Written procedures; communication facilities; conformity with
requirements; driver requirements; consent forms; follow-up treatment. Each operator
of a mobile dental facility or portable dental operation shall ensure that the
following conditions and requirements are met:
(a) A written procedure for
emergency follow-up care is used for patients treated in the mobile dental
facility or portable dental operation, and the procedure includes arrangements
for treatment in a health care facility that is permanently established in the
area where services were provided.
(b) The mobile dental facility
or portable dental operation has communication facilities that will enable the
operator to contact necessary parties if a medical or dental emergency
occurs. The communications facilities
shall enable the patient or the parent or guardian of the patient treated to
contact the operator for emergency care, follow-up care, or information about
treatment received. The health care
provider who renders follow-up care shall also be able to contact the operator
and receive treatment information, including radiographs when taken.
(c) The mobile dental facility
or portable dental operation and the dental procedures performed meet the
requirements of K.A.R. 71-1-18.
(d) The driver of the mobile
dental facility or portable dental operation possesses a valid driver’s license
appropriate for the operation of the vehicle.
(e) No services are performed on minors or
individuals for whom a guardian has been established without a signed consent
form signed by the parent or guardian that includes the following:
(1) An authorization for the
treatment to be provided;
(2) an acknowledgement by the
parent or guardian that the treatment of the patient at the mobile dental
facility or portable dental operation could affect the future benefits that the
patient could receive under any of the following:
(A) Private insurance;
(B) medicaid; or
(C) a children’s health
insurance program; and
(3) an acknowledgement by the
parent or guardian that the parent or guardian has been advised to arrange for
continued dental care for the patient.
(f) If the mobile dental
facility or portable dental operation accepts any patients and provides
preventive treatment, including prophylaxis, radiographs, and fluoride, the
operator offers follow-up treatment when this treatment is indicated.
(Authorized by and implementing L. 2005, ch. 115, § 2; effective Feb. 17,
2006.)
71-8-6. Identification of personnel; notification of
changes in written procedures; display of licenses. (a) Each operator of a mobile dental facility
or portable dental operation shall identify and advise the board in writing
within 30 days of any personnel change involving the licensed dentists and
licensed dental hygienists associated with the mobile dental facility or
portable dental operation. The operator
shall provide the full name, address, telephone number and license number of
each licensed dentist or licensed dental hygienist involved in the personnel
change. The operator shall also provide
the effective date of each personnel change.
(b) Each operator shall advise
the board in writing within 30 days of any change in the written procedure for
emergency follow-up care for patients treated in the mobile dental facility or
portable dental operation, including arrangements for treatment in a health
care facility that is permanently established in the area. The permanent health care facility shall be
identified in the written procedure.
(c) Each dentist and dental
hygienist providing dental services in the mobile dental facility or portable
dental operation shall display that individual’s
71-8-7.
Identification of location of services. (a) Each
operator of a mobile dental facility or portable dental operation shall
maintain a written or electronic record containing the following information
for each location where services are provided:
(1) The street address of the
service location;
(2) the date or dates of each
session;
(3) the number of patients
served; and
(4) the types of dental services
provided and number of each type of service provided.
(b) Each operator of a mobile dental
facility or portable dental operation shall make the record specified in
subsection (a) available to the board or its representative within 10 days of
each request. The operator shall submit
the record in a format approved by the board.
(Authorized by and implementing L. 2005, ch. 115, § 2; effective Feb.
17, 2006.)
71-8-8.
Information for patients. (a) During or at the conclusion of each
patient’s visit to the mobile dental facility or portable dental operation, the
patient, parent, or guardian shall be provided with an information sheet. If the patient, parent, or guardian has
provided consent for an institutional facility to access the patient’s dental
health records, the institution shall also be provided with a copy of the
information sheet. “Institutional
facility” shall include a long-term care facility or school.
(b) Each information sheet shall
include the following information:
(1) The address and telephone
number of record required by K.A.R. 71-8-4;
(2) the name of each dentist and
dental hygienist who provided services;
(3) a description of the
treatment rendered, including the billed service codes and fees associated with
the treatment, tooth numbers along with surface and quadrant descriptors when
appropriate, and the names and telephone numbers of the billing entity and any
third party being billed;
(4) the date of the services and
the location where the services were rendered;
(5) the name and telephone
number of the entity to contact for information regarding the processing and
payment for billed services; and
(6) if necessary, referral
information to another health care provider.
(Authorized by and implementing L. 2005, ch. 115, § 2; effective Feb.
17, 2006.)
71-8-9.
Cessation of operations. (a) Upon cessation of operations by the
mobile dental facility or portable dental operation, each operator shall notify
the board, in writing and within 30 days of the last day of operations, of the
final disposition of patient records and charts.
(b) As used in this regulation, “active patient” shall
mean an individual whom the mobile dental facility or portable dental operation
has examined, treated, cared for, or otherwise consulted with during the
two-year period before discontinuing practice or moving from the community.
(c) Upon choosing to discontinue
practice or services in a community, each operator of a mobile dental facility
or portable dental operation shall perform the following:
(1) Notify all of the operator’s
active patients in writing, or by publication once a week for three consecutive
weeks in a newspaper of general circulation in the community, that the operator
intends to discontinue the mobile dental facility or portable dental
operation’s practice in the community; and
(2) advise each active patient
to seek the services of another dentist and document, in the patient’s dental
record, the date of the advice and the manner in which the advice was
provided.
(d) Each operator shall make
reasonable arrangements with the active patients of the mobile dental facility
or portable dental operation for the transfer of each patient’s records,
including radiographs or copies, to the succeeding practitioner or, at the
written request of the patient, parent, or guardian, to the patient, parent, or
guardian.
(e) If the mobile dental facility or portable dental
operation is sold, each new operator shall file a registration application and
pay the registration fee specified in K.A.R. 71-8-2. Each
new operator shall be required to receive board approval before providing
services. (Authorized by and
implementing L. 2005, ch. 115, § 2; effective Feb. 17, 2006.)
_____________________________________________________________________________________________
RELATED LAW
K.S.A. 38-1522. Reporting of
certain abuse or neglect of children; persons reporting; reports, made to whom;
penalties to report or interference with making of report. (a) When any of
the following persons has reason to suspect that a child has been injured as a
result of physical, mental or emotional abuse or neglect or sexual abuse, the
person shall report the matter promptly as provided in subsection (c) or (e):
Persons licensed to practice the healing arts or dentistry; persons licensed to
practice optometry; persons engaged in postgraduate training programs approved
by the state board of healing arts; licensed psychologists; licensed
professional or practical nurses examining, attending or treating a child under
the age of 18; teachers, school administrators or other employees of a school
which the child is attending; chief administrative officers of medical care
facilities; registered marriage and family therapists; persons licensed by the
secretary of health and environment to provide child care services or the
employees of persons so licensed at the place where the child care services are
being provided to the child; licensed social workers; firefighters; emergency
medical services personnel; mediators appointed under K.S.A. 23-602 and
amendments thereto; juvenile intake and assessment workers; and law enforcement
officers. The report may be made orally and shall be followed by a written
report if requested. When the suspicion is the result of medical examination or
treatment of a child by a member of the staff of a medical care facility or
similar institution, that staff member shall immediately notify the
superintendent, manager or other person in charge of the institution who shall
make a written report forthwith. Every written report shall contain, if known,
the names and addresses of the child and the child's parents or other persons
responsible for the child's care, the child's age, the nature and extent of the
child's injury (including any evidence of previous injuries) and any other
information that the maker of the report believes might be helpful in
establishing the cause of the injuries and the identity of the persons
responsible for the injuries.
(b) Any other person who has reason to suspect that a
child has been injured as a result of physical, mental or emotional abuse or
neglect or sexual abuse may report the matter as provided in subsection (c) or
(e).
(c) Except as provided by subsection (e), reports made
pursuant to this section shall be made to the state department of social and
rehabilitation services. When the department is not open for business, the
reports shall be made to the appropriate law enforcement agency. On the next
day that the state department of social and rehabilitation services is open for
business, the law enforcement agency shall report to the department any report
received and any investigation initiated pursuant to subsection (a) of K.S.A.
38-1524 and amendments thereto. The reports may be made orally or, on request
of the department, in writing.
(d) Any person who is required by this section to
report an injury to a child and who knows of the death of a child shall notify
immediately the coroner as provided by K.S.A. 22a-242, and amendments thereto.
(e) Reports of child abuse or neglect occurring in an
institution operated by the secretary of social and rehabilitation services or
the commissioner of juvenile justice shall be made to the attorney general. All
other reports of child abuse or neglect by persons employed by or of children
of persons employed by the state department of social and rehabilitation
services or the juvenile justice authority shall be made to the appropriate law
enforcement agency.
(f) Willful and knowing failure to make a report
required by this section is a class B misdemeanor.
(g) Preventing or interfering with, with the intent to
prevent, the making of a report required by this section is a class B
misdemeanor.
History: L. 1982, ch. 182, § 19; L. 1983, ch. 140, § 19; L.
1985, ch. 147, § 8; L. 1986, ch. 299, § 4; L. 1987, ch. 152, § 1; L. 1988, ch.
140, § 2; L. 1991, ch. 114, § 13; L. 1992, ch. 312, § 38; L. 1996, ch. 229, §
36; L. 1997, ch. 156, § 43; July 1.
Revisor's Note:
Section
was amended twice in 1986 Session, see also 38-1522a.
Law Review and Bar Journal References:
"
"Keeping
the Family Out of Court: Court-Ordered Mediation of Custody Disputes Under the
"Court-Ordered
Mediation: New Opportunities in Family Practice," Brian Moline, 54
J.K.B.A. 97, 104 (1985).
"CASA:
A Voice for Children," Derenda Mitchell, 58 J.K.B.A. No. 5, 28, 29 (1989).
"A
Law Teacher Looks at the Good Samaritan Story," Paul B. Rasor, 31 W.L.J.
71, 76 (1991).
Attorney General's Opinions:
Investigation
of reports of suspected child abuse or neglect. 85-150.
Reporting
of certain abuse or neglect of a child; pregnancy. 92-48.
Health
services; consent for medical treatment by parents with certain religious
beliefs. 93-66.
CASE ANNOTATIONS
1.
No private right of action provided by statute for failure to report suspicions
of child abuse. Kansas State Bank & Tr. Co. v. Specialized Transportation
Services, Inc., 249 K. 348, 372, 819 P.2d 587 (1991).
2.
Child in need of care proceedings discussed generally, with emphasis on roles
of respective parties thereto. In re D.D.P., Jr., 249 K. 529, 531, 819 P.2d
1212 (1991).
Attorney General's Opinions:
Code
for care of children; mandatory abuse reporting statute. 93-90.
Reporting
abuse or neglect of children; persons reporting; duty to report;
confidentiality. 94-67.
CASE ANNOTATIONS
3.
Defendant immune from liability for report of possible sexual abuse of child
regarding intentional infliction of emotional distress claim. Clevenger v.
Catholic Social Services of the Archdiocese of
4.
Adjudication hearing is required when interested party files CINC (38-1510)
petition and no stipulation has been entered into. In re K.W., 24 K.A.2d 724,
726, 953 P.2d 229 (1998).
CONTROLLED SUBSTANCES
68-20-18.
Information concerning prescriptions. (a)
Persons entitled to issue prescriptions. A prescription for a controlled
substance may be issued only by a practitioner who is:
(1) legally authorized to prescribe controlled
substances in
(2) either registered or exempted from registration
under K.S.A. 65-4116(d).
(b) Purpose of issue of prescription.
(1) To be effective, a prescription for a controlled
substance shall be issued for a legitimate
medical purpose by a practitioner acting in the usual course of his
professional practice. The responsibility for the proper prescribing and
dispensing of controlled substances shall be upon the prescribing practitioner,
but a corresponding responsibility shall rest with the pharmacist who fills the
prescription. The person filling an unlawful prescription, as well as the
person issuing it, shall be subject to the penalties provided for violations of
the provisions of the Controlled Substance Act, K.S.A. 65-4101, et. seq.
(2) A prescription shall not be issued in order for a
practitioner to obtain controlled substances
for supplying himself or any other practitioner for the purpose of general
dispensing to patients.
(3) A prescription shall not be issued for the
dispensing of narcotic drugs listed in any schedule
to a narcotic drug dependent person for the purpose of continuing his
dependence upon such
drugs, except in the course of conducting an authorized clinical investigation
in the development
of a narcotic addict rehabilitation program.
(c) Manner of issuance of prescriptions.
(1) Controlled substance prescriptions in schedule II
through V shall not be issued on a
prescription blank which is preprinted with the name of a propriety preparation
or strength or
quantity or directions.
(2) All written prescriptions for controlled
substances shall be dated and manually signed on the
day issued, shall bear the full name, address, registration number of the
practitioner, name and address of the patient, the drug name, strength, dosage
form, quantity prescribed, directions for use, and shall be written with ink,
indelible pencil or typewriter.
(A) A practitioner shall manually sign a prescription
in the same manner as he would sign a
check or legal document.
(B) The prescriptions may be prepared by a secretary
or agent for the signature of a practitioner, but the prescribing practitioner
shall be responsible if the prescription does not conform in all essential
respects to the state and federal law and regulations. A corresponding
liability shall rest upon the pharmacist who fills a prescription which is not
prepared in the form prescribed by these regulations.
(3) An intern, resident, foreign physician, or foreign
medical graduate exempted from registration under K.S.A. 65-4116(d) shall
include on all prescriptions issued the registration number of the hospital or
other institution and the special internal code number assigned to the intern,
resident, foreign physician, or foreign medical graduate by the hospital or
other institution as provided in K.A.R. 68-20-10. This requirement shall be in
lieu of the registration number of the practitioner required by subsection (c).
Each prescription shall have the name of the intern, resident, foreign
physician or foreign medical graduate stamped or printed on it, as well as the
signature of the physician.
(4) An official exempted from registration under
K.A.R. 68-20-10 shall include on all prescriptions issued, his branch of
service or agency and his service identification number. This requirement shall
be in lieu of the registration number of the practitioner otherwise required by
subsection (c). The service identification number for a public health service
employee shall be his social security identification number. Each prescription
shall have the name of the officer stamped or printed on it, as well as the
signature of the officer.
(d) Manner of issuance of prescriptions by facsimile.
(1) Controlled substance prescriptions in schedule III
through V may be transmitted by
telephone by a physician or their agent to a pharmacy for a patient of the
physician. The transmitted telephone prescription may be by oral, facsimile, or
computer transmission. Prescription orders shall be reduced to hard copy by the
pharmacist and if telephoned by other than the physician shall bear the name of
the person so transmitting or telephoning the prescription.
(2) Controlled substance prescriptions in schedule II
may be transmitted by facsimile from
the prescriber to a pharmacy. However, when the prescription is actually
dispensed, the original
written prescription which is manually signed by the physician shall be
presented, verified against the facsimile, and retained for filing. Where
medication needs change quickly and physicians' orders need to be communicated
rapidly, two exceptions to the requirements of this paragraph exist.
(A) Pharmacies that provide parenteral pain therapy of
home infusion for a terminally ill patient may receive a facsimile prescription
order for the parenteral pain therapy from a practitioner
or the practitioner's agent and the facsimile may be considered a ``written
prescription'' as required by federal and state law. The order shall denote if
the facsimile was transmitted by the physician or the physician's agent and
shall contain the name of such agent, be retained as the original document, not
be for oral dosage drugs, and contain all the information required of a manually
written schedule II prescription.
(B) Pharmacies that provide any schedule II
prescriptions for patients in an adult care facility,
including a nursing home, may receive a facsimile prescription order from a
practitioner or the practitioner's agent, and the facsimile may be considered a
``written prescription'' as required by federal and state law. The order shall
denote if the facsimile was transmitted by the physician or the physician's
agent and shall contain the name of such agent, be retained as the original
document and contain all the information required of a manually written
schedule II prescription including the date issued, full name of the patient,
address of the adult care facility where the patient resides, name, address,
telephone number, DEA registration number and signature of the
practitioner. The order may be for oral
or parenteral dosage drugs.
(e) Persons entitled to fill prescriptions.
(1) A prescription for controlled substances shall
only be filled by:
(A) a pharmacist acting in the usual course of his
professional practice in a registered pharmacy,
hospital drug room or other registered place of employment; or
(B) a pharmacist intern acting under the immediate
personal direction and supervision of a
licensed pharmacist.
(2) For the purposes of this regulation, an intern
shall mean a prospective candidate for examination as a licensed pharmacist who
is qualified to receive, and is obtaining, pharmaceutical experience as
required by law.
(3) A medical care facility or other institution
registered with the board shall administer or dispense directly a controlled
substance listed in schedules III and IV and legend V only pursuant to a
written prescription signed by the prescribing practitioner or to an order of
medication made by a practitioner which is dispensed for immediate
administration to the ultimate user. (Authorized by K.S.A. 65-4102;
implementing K.S.A. 65-4123; effective, E-72-24, Aug. 25, 1972; effective Jan.
1, 1973; amended May 1, 1988; amended Sept. 9, 1991; amended March 29, 1993;
amended March 20, 1995.)
68-20-19. Controlled substances listed in schedule II. (a) Requirements of prescription.
(1) A
pharmacist shall dispense a controlled substance listed in schedule II, which
is a prescription drug as determined under these regulations, only pursuant to
a written prescription signed by the prescribing practitioner, except as
provided in paragraph (4) of this subsection.
(2) Any written
prescriptions signed by the prescribing practitioner falling under the provisions
of paragraph (1) above, shall not be filled if submitted more than six months
after the original date appearing on the written prescription.
(3) A practitioner may administer or dispense a
controlled substance listed in schedule II in the course of his professional
practice without a prescription, subject to K.A.R. 68-20-18.
(4) (A) In the case of an emergency situation, as
defined by paragraph (5) of this subsection, a
pharmacist may dispense a controlled substance listed in schedule II upon receiving
oral authorization of a prescribing practitioner, provided that:
(i) The quantity prescribed and dispensed is limited
to the amount adequate to treat the patient during an emergency period of 72
hours. Dispensing beyond the emergency period shall be
pursuant to a written prescription signed by the prescribing practitioner;
(ii) the prescription shall be immediately reduced to
writing by the pharmacist and shall contain all information required under
K.A.R. 68-20-18(c) except for the signature of the prescribing practitioner;
(iii) if the prescribing practitioner is not known to
the pharmacist, the pharmacist shall make a reasonable effort to determine that
the oral authorization came from a licensed practitioner, which may include a
callback to the prescribing practitioner using the practitioner's phone number
as listed in the telephone directory or other good faith efforts to insure the
identity; and
(iv) within 72 hours after authorizing an emergency
oral prescription, the prescribing practitioner shall deliver a written
prescription for the emergency quantity prescribed to the dispensing
pharmacist.
(B) In addition to conforming to the requirements of
K.A.R. 68-20-18(c), this prescription
shall have written on its face ``Authorization for Emergency Dispensing'' and
the date of the oral
order.
(C) The written
prescription may be delivered to the pharmacist in person or by mail, but if
delivered by mail it shall be postmarked within the 72 hour period.
(D) Upon receipt, the dispensing pharmacist shall
attach this prescription to the pharmacist's
record of the emergency oral prescription. (E) The pharmacist shall notify the
nearest office of the drug enforcement administration or the board if the
prescribing individual fails to deliver
a written prescription to the pharmacist; failure of the pharmacist to do so
shall void the authority
conferred by this paragraph to dispense without a written prescription of a
prescribing practitioner.
(5) For the purposes of authorizing an oral
prescription of a controlled substance listed in schedule II of the federal or
state uniform controlled substances act, the term ``emergency situation'' means
those situations in which the prescribing practitioner determines:
(A) that immediate administration of the controlled
substance is necessary for the proper treatment of the intended ultimate user;
(B) that no appropriate alternative treatment is
available, including administration of a drug which is not a controlled
substance under schedule II of the act; and
(C) that it is not reasonably possible for the
prescribing practitioner to provide a written prescription to be presented to
the person dispensing the substance prior to the dispensing.
(b) A medical care facility or other institution
registered with the board shall administer or dispense a controlled substance
listed in schedule II only pursuant to a written prescription signed by the
prescribing practitioner or to an order for medication made by a practitioner
which is dispensed for immediate administration to the ultimate user.
(c) Partial filling of prescriptions. The partial
filling of a prescription for a controlled substance
listed in schedule II shall be permissible only as provided in this subsection.
(1) Where the pharmacist is unable to supply the full
quantity called for in a written or emergency oral prescription and makes a
notation of the quantity supplied on the face of the written prescription or
written record of the emergency oral prescription, the pharmacist shall:
(A) fill the remaining portion of the prescription
within 72 hours of the first partial filling or if
the remaining portion cannot be filled within the 72 hour period, the
pharmacist shall notify the
prescribing practitioner of the situation; and (B) supply no further quantity
beyond 72 hours
without a new prescription.
(2) Where written, prescriptions for schedule II
controlled substances for patients in an adult
care home or with a medical diagnosis documenting a terminal illness may be
filled in partial quantities, including individual units, as provided in this
subsection.
(A) For each partial filling, the dispensing
pharmacist shall record on the back of the prescription, or on another
appropriate, uniformly maintained, and readily retrievable record, the
date of the partial filling, quantity dispensed, remaining quantity authorized
to be dispensed and
the identification of the dispensing pharmacist.
(B) The total quantity of schedule II controlled
substances dispensed in all partial fillings shall not exceed the total quantity
prescribed.
(C) Such schedule II prescriptions shall be valid for
a period not to exceed 60 days from the
issue date unless sooner terminated by the discontinuance of medication.
(d) Labeling of substances. The pharmacist filling a
written or emergency oral prescription for a
controlled substance listed in schedule II shall affix a label to the package
showing the:
(1) date of filling;
(2) pharmacy name, address, and telephone number;
(3) serial number of the prescription;
(4) name of the patient;
(5) name of the prescribing practitioner; and
(6) directions for use and cautionary statements, if
any, contained in such prescription or required by law.
(e) Filing of prescriptions.
(1) All written prescriptions and written records of
emergency oral prescriptions shall be kept in accordance with K.A.R. 68-20-16.
(2) All written or emergency oral prescriptions for a
controlled substance listed in schedule II
shall be cancelled on the face of the prescription with the name of the
pharmacist filling that prescription.
(3) All written or emergency oral prescriptions for
controlled substances listed in schedule II and
filled by an intern shall be cancelled on the face of the prescription with the
name of the intern
and preceptor authorizing the filling of that prescription. (Authorized by
K.S.A. 65-4102; implementing K.S.A. 65-4123; effective, E-72-24, Aug. 25, 1972;
effective Jan. 1, 1973; amended Sept. 9, 1991; amended March 29, 1993; amended
March 20, 1995.)
RISK MANAGEMENT
65-4921. Definitions.
As used in K.S.A. 65-4921 through 65-4930, and amendments thereto:
(a) "Appropriate licensing agency" means the
agency that issued the license to the individual or health care provider who is
the subject of a report under this act.
(b) "Department" means the department of
health and environment.
(c) "Health care provider" means: (1) Those
persons and entities defined as a health care provider under K.S.A. 40-3401 and
amendments thereto; and (2) a dentist licensed by the Kansas dental board, a
dental hygienist licensed by the Kansas dental board, a professional nurse
licensed by the board of nursing, a practical nurse licensed by the board of
nursing, a mental health technician licensed by the board of nursing, a
physical therapist assistant certified by the state board of healing arts, an
occupational therapist registered by the state board of healing arts, an
occupational therapy assistant registered by the state board of healing arts
and a respiratory therapist licensed by the state board of healing arts.
(d) "License," "licensee" and
"licensing" include comparable terms which relate to regulation
similar to licensure, such as registration.
(e) "Medical care facility" means: (1) A
medical care facility licensed under K.S.A. 65-425 et seq. and amendments
thereto; (2) a private psychiatric hospital licensed under K.S.A. 75-3307b and
amendments thereto; and (3) state psychiatric hospitals and state institutions
for the mentally retarded, as follows: Larned state hospital, Osawatomie state
hospital, Rainbow mental health facility, Kansas neurological institute and
Parsons state hospital and training center.
(f) "Reportable incident" means an act by a
health care provider which: (1) Is or may be below the applicable standard of
care and has a reasonable probability of causing injury to a patient; or (2)
may be grounds for disciplinary action by the appropriate licensing agency.
(g) "Risk manager" means the individual
designated by a medical care facility to administer its internal risk
management program and to receive reports of reportable incidents within the
facility.
(h) "Secretary" means the secretary of
health and environment.
History: L. 1986, ch. 229, § 2; L. 1987, ch. 176, § 8; L.
1988, ch. 236, § 2; L. 1999, ch. 87, § 6; Mar. 1, 2000. RISK MANAGEMENT
Revisor's Note:
65-4921
through 65-4930 were part of comprehensive medical malpractice legislation. For
remainder of act, see table of sections, L. 1986, ch. 229 in Constitutions
volume.
Law Review and Bar Journal References:
"Caps,
'Crisis,' and Constitutionality - Evaluating the 1986
Research and Practice Aids:
Hospitals
(West Key) 6.
C.J.S.
Hospitals § 5 et seq.
Law Review and Bar Journal References:
"PEER
Review--A Risk Analysis," Wayne T. Stratton, 87, No. 11, Kan.Med. 313, 334
(1986).
"HB
2661 and possible uninsured liability," Wayne T. Stratton, 87, No. 10,
Kan.Med. 285 (1986). RISK MANAGEMENT
Law Review and Bar Journal References:
"Attacking
The Peer Review Privilege: Some Ideas," Derek S. Casey, J.K.T.L.A. Vol.
XVII, No. 6, 19 (1994).
Attorney General's Opinions:
Persons
subject to legislative post audits; access to records; limitations; peer
assistance program records. 92-101.
Attorney General's Opinions:
Persons
engaged in residency training for services to indigent health care clinics are
covered under
65-4923. Reporting
requirements. (a) If a health care provider, or a medical care facility
agent or employee who is directly involved in the delivery of health care
services, has knowledge that a health care provider has committed a reportable
incident, such health care provider, agent or employee shall report such
knowledge as follows:
(1) If the reportable incident did not occur in a
medical care facility, the report shall be made to the appropriate state or
county professional society or organization, which shall refer the matter to a
professional practices review committee duly constituted pursuant to the society's
or organization's bylaws. The committee shall investigate all such reports and
take appropriate action. The committee shall have the duty to report to the
appropriate state licensing agency any finding by the committee that a health
care provider acted below the applicable standard of care which action had a
reasonable probability of causing injury to a patient, or in a manner which may
be grounds for disciplinary action by the appropriate licensing agency, so that
the agency may take appropriate disciplinary measures.
(2) If the reportable incident occurred within a
medical care facility, the report shall be made to the chief of the medical
staff, chief administrative officer or risk manager of the facility. The chief
of the medical staff, chief administrative officer or risk manager shall refer
the report to the appropriate executive committee or professional practices
peer review committee which is duly constituted pursuant to the bylaws of the
facility. The committee shall investigate all such reports and take appropriate
action, including recommendation of a restriction of privileges at the
appropriate medical care facility. In making its investigation, the committee
may also consider treatment rendered by the health care provider outside the facility.
The committee shall have the duty to report to the appropriate state licensing
agency any finding by the committee that a health care provider acted below the
applicable standard of care which action had a reasonable probability of
causing injury to a patient, or in a manner which may be grounds for
disciplinary action by the appropriate licensing agency, so that the agency may
take appropriate disciplinary measures.
(3) If the health care provider involved in the
reportable incident is a medical care facility, the report shall be made to the
chief of the medical staff, chief administrative officer or risk manager of the
facility. The chief of the medical staff, chief administrative officer or risk
manager shall refer the report to the appropriate executive committee which is
duly constituted pursuant to the bylaws of the facility. The executive
committee shall investigate all such reports and take appropriate action. The
committee shall have the duty to report to the department of health and environment
any finding that the facility acted in a manner which is below the applicable
standard of care and which has a reasonable probability of causing injury to a
patient, so that appropriate disciplinary measures may be taken.
(4) As used in this subsection (a),
"knowledge" means familiarity because of direct involvement or
observation of the incident.
(5) This subsection (a) shall not be construed to
modify or negate the physician-patient privilege, the psychologist-client
privilege or the social worker-client privilege as codified by
(b) If a reportable incident is reported to a state
agency which licenses health care providers, the agency may investigate the
report or may refer the report to a review or executive committee to which the
report could have been made under subsection (a) for investigation by such
committee.
(c) When a report is made under this section, the
person making the report shall not be required to report the reportable
incident pursuant to K.S.A. 65-28,122 or 65-4216, and amendments to such
sections. When a report made under this section is investigated pursuant to the
procedure set forth under this section, the person or entity to which the
report is made shall not be required to report the reportable incident pursuant
to K.S.A. 65-28,121, 65-28,122 or 65-4216, and amendments to such sections.
(d) Each review and executive committee referred to in
subsection (a) shall submit to the secretary of health and environment, on a
form promulgated by such agency, at least once every three months, a report
summarizing the reports received pursuant to subsections (a)(2) and (a)(3) of
this section. The report shall include the number of reportable incidents
reported, whether an investigation was conducted and any action taken.
(e) If a state agency that licenses health care
providers determines that a review or executive committee referred to in
subsection (a) is not fulfilling its duties under this section, the agency,
upon notice and an opportunity to be heard, may require all reports pursuant to
this section to be made directly to the agency.
(f) The provisions of this section shall not apply to
a health care provider acting solely as a consultant or providing review at the
request of any person or party.
History: L. 1986, ch. 229, § 4; L. 1987, ch. 176, § 10; L.
1988, ch. 236, § 3; July 1.
Attorney General's Opinions:
Health
care peer review committee reports; confidentiality and open meeting
requirements. 89-42.
65-4923.
CASE ANNOTATIONS
1.
Statutory peer review privilege is outweighed by plaintiff's right to access to
facts in negligence action.
65-4924. Reports
relating to impaired providers; procedures. (a) If a report to a state
licensing agency pursuant to subsection (a)(1) or (2) of K.S.A. 65-4923 or any
other report or complaint filed with such agency relates to a health care
provider's inability to practice the provider's profession with reasonable
skill and safety due to physical or mental disabilities, including
deterioration through the aging process, loss of motor skill or abuse of drugs
or alcohol, the agency may refer the matter to an impaired provider committee
of the appropriate state or county professional society or organization.
(b) The state licensing agency shall have the
authority to enter into an agreement with the impaired provider committee of
the appropriate state or county professional society or organization to
undertake those functions and responsibilities specified in the agreement and
to provide for payment therefor from moneys appropriated to the agency for that
purpose. Such functions and responsibilities may include any or all of the
following:
(1) Contracting with providers of treatment programs;
(2) receiving and evaluating reports of suspected
impairment from any source;
(3) intervening in cases of verified impairment;
(4) referring impaired providers to treatment
programs;
(5) monitoring the treatment and rehabilitation of
impaired health care providers;
(6) providing posttreatment monitoring and support of
rehabilitated impaired health care providers; and
(7) performing such other activities as agreed upon by
the licensing agency and the impaired provider committee.
(c) The impaired provider committee shall develop
procedures in consultation with the licensing agency for:
(1) Periodic reporting of statistical information
regarding impaired provider program activity;
(2) periodic disclosure and joint review of such
information as the licensing agency considers appropriate regarding reports
received, contacts or investigations made and the disposition of each report;
(3) immediate reporting to the licensing agency of the
name and results of any contact or investigation regarding any impaired provider
who is believed to constitute an imminent danger to the public or to self;
(4) reporting to the licensing agency, in a timely
fashion, any impaired provider who refuses to cooperate with the committee or
refuses to submit to treatment, or whose impairment is not substantially
alleviated through treatment, and who in the opinion of the committee exhibits
professional incompetence; and
(5) informing each participant of the impaired
provider committee of the procedures, the responsibilities of participants and
the possible consequences of noncompliance.
(d) If the licensing agency has reasonable cause to
believe that a health care provider is impaired, the licensing agency may cause
an evaluation of such health care provider to be conducted by the impaired
provider committee or its designee for the purpose of determining if there is
an impairment. The impaired provider committee or its designee shall report the
findings of its evaluation to the licensing agency.
(e) An impaired health care provider may submit a
written request to the licensing agency for a restriction of the provider's
license. The agency may grant such request for restriction and shall have
authority to attach conditions to the licensure of the provider to practice
within specified limitations. Removal of a voluntary restriction on licensure
to practice shall be subject to the statutory procedure for reinstatement of
license.
(f) A report to the impaired provider committee shall
be deemed to be a report to the licensing agency for the purposes of any
mandated reporting of provider impairment otherwise provided for by the law of
this state.
(g) An impaired provider who is participating in, or
has successfully completed, a treatment program pursuant to this section shall
not be excluded from any medical care facility staff solely because of such
participation. However, the medical care facility may consider any impairment
in determining the extent of privileges granted to a health care provider.
(h) Notwithstanding any other provision of law, a
state or county professional society or organization and the members thereof
shall not be liable to any person for any acts, omissions or recommendations
made in good faith while acting within the scope of the responsibilities
imposed pursuant to this section.
History: L. 1986, ch. 229, § 5; July 1.
Law Review and Bar Journal References:
"Malpractice
'87: Status and Solutions," M. Martin Halley, M.D., J.D., 88, No. 9,
Kan.Med. 261, 263, 264 (1987).
65-4926. Immunity from
civil liability for report or investigation, limits. Any person or entity
which, in good faith, reports or provides information or investigates any
health care provider as authorized by K.S.A. 65-4923 or 65-4924 shall not be
liable in a civil action for damages or other relief arising from the
reporting, providing of information or investigation except upon clear and
convincing evidence that the report or information was completely false, or
that the investigation was based on false information, and that the falsity was
actually known to the person making the report, providing the information or
conducting the investigation at the time thereof.
History: L. 1986, ch. 229, § 7; July 1.
Law Review and Bar Journal References:
"Malpractice
'87: Status and Solutions," M. Martin Halley, M.D., J.D., 88, No. 9,
Kan.Med. 261, 263, 264 (1987).
65-4927. Failure to
report; remedies; immunity from civil liability. (a) No person or entity
shall be subject to liability in a civil action for failure to report as
required by K.S.A. 65-4923 or 65-4924.
(b) The license of a person or entity required to
report under subsection (a) of K.S.A. 65-4923 may be revoked, suspended or
limited, or the licensee subjected to public or private censure, by the
appropriate state licensing agency if the licensee is found, pursuant to the
Kansas administrative procedure act, to have willfully and knowingly failed to
make any report as required by K.S.A. 65-4923 or 65-4924.
(c) Willful and knowing failure to make a report
required by K.S.A. 65-4923 or 65-4924 is a class C misdemeanor.
(d) In no event shall a medical care facility or a
professional society or organization be liable in damages for the alleged
failure to properly investigate or act upon any report made pursuant to K.S.A.
65-4923.
History: L. 1986, ch. 229, § 8; July 1.
74-146. Licensing
bodies; procedures to suspend or terminate a professional license. (a) As
used in K.S.A. 1999 Supp. 74-146 and 74-147 and amendments thereto:
(1) "Licensing body" means an official,
agency, board or other entity of the state which authorizes individuals to
practice a profession in this state and issues a license, certificate, permit
or other authorization to an individual so authorized; and
(2) "licensee" means an individual who is or
may be authorized to practice a profession in this state.
(b) All licensing bodies of this state shall have or
adopt procedures for the suspension, termination, nonrenewal or denial of a
licensee's authority to practice a profession in this state if the licensing
body receives notice pursuant to K.S.A. 1999 Supp. 74-147 and amendments
thereto.
History: L. 1994, ch. 292, § 15; L. 1997, ch. 182, § 75; July
3.
74-147. Notice of
contempt, warrant or subpoena outstanding to licensing body; temporary license;
ability to revoke or suspend; court jurisdiction. (a) Any notice to a
licensing body served pursuant to K.S.A. 20-1204a and amendments thereto, shall
have attached a copy of the court order finding the licensee in contempt of
court in a child support proceeding. Any notice to a licensing body served
pursuant to K.S.A. 1999 Supp. 60-1622 and amendments thereto shall have
attached a copy of the warrant or subpoena outstanding against the licensee.
The notice shall advise the licensing body of the duty to comply with K.S.A.
1999 Supp. 74-146 and 74-147 and amendments thereto; shall provide the name of
the licensee and information which will assist the licensing body to identify
the correct person; and shall provide the name, mailing address and telephone
number of the person serving the notice. If inadequate identifying information
is included in the notice, the licensing body shall promptly contact the person
serving the notice to request additional information.
(b) If a licensing body receives a notice pursuant to
subsection (a), the licensing body shall, within 30 days after receiving the
notice, notify the licensee of the licensing body's intent to suspend or to
withhold issuance or renewal of the licensee's authorization to practice a
profession in this state and of the licensee's rights and duties under this
section. If the licensing body does not receive sufficient information with the
notice to identify the correct licensee, the 30 days shall commence when
sufficient identifying information is received.
(c) If the licensing body receives a notice pursuant
to subsection (a), the licensing body shall provide the licensee a temporary
license, authorizing the individual to practice a profession in this state, if
the licensee is otherwise eligible. The temporary license shall be valid for a period
of six months from the date the notice to the licensee pursuant to subsection
(b) was issued. A temporary license issued under this section shall not be
extended, except that the licensing body may extend the temporary license up to
30 days to prevent extreme hardship for a person being served by the licensee.
If the licensee does not furnish a release pursuant to subsection (c) within
the time required by the licensing body, the licensing body shall proceed to
suspend, terminate, deny or refuse to renew the licensee's authority to
practice a profession in this state.
(d) If an authorization to practice a profession in
this state is suspended, denied or not renewed pursuant to this section, any
funds paid by the licensee shall not be refunded by the licensing body.
(e) If a temporary license has been issued pursuant to
subsection (c), the licensee shall obtain a release from the court that
authorized the notice to the licensing body, as a condition for the issuance or
renewal of the licensee's authorization to practice a profession in this state.
The licensing body may require the licensee to furnish the release before the
temporary license expires.
(f) In any review of the licensing body's actions
pursuant to K.S.A. 1999 Supp. 74-146 and 74-147 and amendments thereto,
conducted by the licensing body at the request of the licensee, the issues
shall be limited to the identity of the licensee and the validity of notices
pursuant to this section[.] The licensing body shall have no jurisdiction over
issues related to the support obligation of the licensee.
History: L. 1994, ch. 292, § 16; L. 1997, ch. 182, § 76; July
3.
20-1204a. Indirect
contempts; procedure. (a) When an order in a civil action has been entered,
the court that rendered the same may order a person alleged to be guilty of
indirect contempt of such order to appear and show cause why such person should
not be held in contempt if there is filed a motion requesting an order to
appear and show cause which is accompanied by an affidavit specifically setting
forth the facts constituting the alleged violation.
(b) Except as provided in subsection (e), the order to
appear and show cause shall be served upon the party allegedly in contempt by
the sheriff or some other person appointed by the court for such purpose. Such
order shall state the time and place where the person is to appear and shall be
accompanied by a copy of the affidavit provided for in subsection (a). The
court shall hear the matter at the time specified in the order, and upon proper
showing, may extend the time so as to give the accused a reasonable opportunity
to purge oneself of the contempt. If the court determines that a person is
guilty of contempt such person shall be punished as the court shall direct.
(c) If, after proper service of the order to appear
and show cause, the person served shall not appear in court as ordered, or if
the court finds at a hearing held on motion of a party to the civil action that
the person allegedly in contempt is secreting oneself to avoid the process of
the court, the court may issue a bench warrant commanding that the person be
brought before the court to answer for contempt. When such person is brought
before the court, the court shall proceed as provided in subsection (b). The
court may make such orders concerning the release of the person pending the
hearing as the court deems proper.
(d) The provisions of this section shall apply to both
criminal and civil contempts, but in the case of a criminal contempt the court
on its own motion may cause the motion and affidavit provided for in subsection
(a) to be filed.
(e) In cases involving an alleged violation of a
restraining order issued pursuant to paragraph (2) of subsection (a) of K.S.A.
60-1607, and amendments thereto, if the affidavit filed pursuant to subsection
(a) alleges physical abuse in violation of the court's order, the court
immediately may issue a bench warrant and proceed as provided in subsection
(c).
(f) If a person is found guilty of contempt in a child
support enforcement proceeding, including an assignment of child support rights
to the commissioner of juvenile justice and the evidence shows that the person
is or may be authorized to practice a profession by a licensing body as defined
in K.S.A. 1999 Supp. 74-146 and amendments thereto, the court, in addition to
any other remedies, may order that a notice pursuant to subsection (a) of
K.S.A. 1999 Supp. 74-147 and amendments thereto be served on the licensing
body. If the person found guilty of contempt as provided in this subsection is
a licensed attorney, the court may file a complaint with the disciplinary
administrator if the licensing agency is the
(g) If a person is found guilty of contempt in a child
support enforcement proceeding, including an assignment of child support rights
to the commissioner of juvenile justice, in an amount equal to or greater than
the amount of support payable for six months or the obligor has been ordered by
the court to pay a sum certain each month toward the liquidation of the
arrearages and the obligor has substantially failed to abide by that order, the
court may restrict the obligor's driver's license. Such restriction may
include, but not be limited to, driving to, from and during the course of such
person's employment. The court may order the public office, as defined in
K.S.A. 23-4,106, and amendments thereto, to contact the division of vehicles of
the department of revenue to restrict the obligor's driver's license as
indicated in the court order until further order of the court.
(h) The court shall not recognize a motion to issue
nor order in a civil or criminal action a contempt citation against any person
who reports or publishes the information that a gag order has been issued by
the court.
History: L. 1978, ch. 114, § 1; L. 1994, ch. 292, § 17; L.
1994, ch. 327, § 1; L. 1996, ch. 229, § 17; L. 1996, ch. 229, § 18; July 1,
1997.
Law Review and Bar Journal References:
"Reform
in
Attorney General's Opinions:
Aid
to indigent defendants; recoupment by the state of funds dispersed. 81-174.
CASE ANNOTATIONS
1.
Contempt proceedings founded in statute must follow prescribed procedure and be
strictly construed against movant. In re Seelke, 235 K. 468, 470, 680 P.2d 288
(1984).
2.
Contempt proceedings for past-due child support payments not defeated by
children reaching adult-hood; absence of affidavit waived by past conduct.
Johnson v. Johnson, 11 K.A.2d 317, 319, 320, 721 P.2d 290 (1986).
3.
Contempt reversed in holding 23-106 permits either parent, noncustodial or
custodial, to give consent to minor child's marriage. Yoder v. Yoder, 11 K.A.2d
330, 333, 721 P.2d 294 (1986).
4.
Statute may be used to enforce payment of past-due court-ordered child support
installments after children reach majority. Crumpacker v. Crumpacker, 239 K.
183, 718 P.2d 295 (1986).
5.
Cited; contempt of court for disposing of subject matter of lawsuit while
litigation pending examined. Edmiston v. First Nat'l Bank of Holcomb, 242 K.
13, 15, 18, 744 P.2d 829 (1987).
6.
Citation for contempt as not a proceeding for keeping a judgment alive
(60-2403) examined. Cyr v. Cyr, 249 K. 94, 99, 815 P.2d 97 (1991).
7.
No contempt proceeding unless motion and affidavit requesting order to appear
and show cause filed.
8.
Service by certified mail on party allegedly in contempt insufficient to confer
jurisdiction; subsequent proceedings also void. Sramek v. Sramek, 17 K.A.2d
573, 575, 840 P.2d 553 (1992).
9.
Trial court did not err in granting summary judgment on claim of false arrest
and imprisonment. Dozier v. Dozier, 252 K. 1035, 1037, 1041, 1042, 1043, 850
P.2d 789 (1993).
10.
Motion for contempt pursuant to 20-1204a is strictly construed against the
movant. Electronic Realty Assocs., Inc. v. Gomez, 18 K.A.2d 122, 124, 848 P.2d
458 (1993).
Law Review and Bar Journal References:
"A
CASE ANNOTATIONS
11.
Actions of attorney who was tardy and absent from scheduled hearings constituted
direct contempt. State v. Jenkins, 263 K. 351, 357, 364, 950 P.2d 1338 (1997).
12.
Instrument, simply acknowledged, setting forth facts constituting alleged
contempt insufficient to support indirect contempt order. Meigs v. Black, 25
K.A.2d 241, 960 P.2d 770 (1998).