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| The AGDTranscript is a quarterly e-newsletter sent to each state dental board in an effort to facilitate greater awareness of dental trends and issues across the nation. As the Academy of General Dentistry worked with Licensing dental boards toward acceptance of the AGD state transcript, it was noticed that happenings in one state were not always publicized to other states. Through this newsletter, the AGD hopes to build a lasting relationship with state licensing agencies while communicating information of interest. |
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From dental practice ownership to advertising to new provisions for licensure, state legislatures were busy this spring considering pieces of legislation that, if passed, would have a direct impact on the state dental board. In the AGD’s ongoing efforts to keep state dental boards connected and informed about changes or pending discussions with their counterparts in other states, the AGD believes it is important to share legislative developments from one state that may migrate, if not already, to its neighbors.
One of the more popular issues sweeping through state legislatures is ownership of a dental practice. If a dentist dies but has a non-dentist spouse, survivor or other designee, legislation mandating only dentists’ own dental practices would inadvertently create a difficult situation for the non-dentist designee; succession of ownership in the event of death or incapacitation is an area of particular concern to practicing dentists. Several states have responded to this concern by enacting laws allowing a surviving spouse, survivor, or designee to continue operating the practice for a limited amount of time to facilitate orderly transfer of business or liquidation.
However, not all states mandate that dental practices, distinguishing sometimes between private and a facility’s ownership of one, must be owned solely by a dentist, so the creation of an exception for a surviving spouse or designee does not need to be addressed. At the same time, however, it is important to ensure that dental boards have proper oversight over all dental practices, regardless of their owners. In order to deal with this issue in their state, the Arizona State Board of Dental Examiners, along with a coalition of dental organizations, submitted legislation allowing the dental board to regulate not only the dental team, but business entities set up for the purpose of delivering oral health care. This bill was enacted on May 12, 2008.
Colorado, on the other hand, put limits on dental practice ownership by non-licensed individuals. According to House Bill 1134, which passed both houses and was signed by the governor this spring, only a licensed dentist or dental hygienist may be the owner of a dental or dental hygiene practice. The bill requires the name, license number, ownership percentage, and other information required by the state board of dental examiners to be posted on the premises of the practice in a conspicuous location and to be made available. The bill does allow an heir of a dentist or dental hygienist who, at the time of death, was the proprietor of a dental or dental hygiene practice and was actively engaged in the practice of dentistry or dental hygiene, as appropriate, to serve as a temporary proprietor of the practice for up to one year. However, when an unlicensed heir serves as a proprietor of a dental or dental hygiene practice, the law requires all dental care to be provided only by a licensed dentist or dental hygienist and particularly preserves the dentist's or dental hygienist's exercise of independent professional judgment.
In Indiana, state dental board members now have the opportunity to attend board meetings remotely. Under this newly enacted law, board members may participate in an emergency meeting to consider disciplinary sanctions with communication that permits all meeting attendees, board members, and public present at the physical location of the meeting to simultaneously communicate with each. A member who participates under these circumstances is considered to be present at the meeting, shall be counted for purposes of establishing a quorum and may vote at the meeting.
The Florida Board of Dentistry will be enacting a new type of licensure, the “Health Access Dental License,” thanks to Senate Bill 2760, which was signed by the governor on May 28, 2008. According to the bill, “there is an important state interest in attracting dentists to practice in underserved health access settings in Florida and that allowing out-of-state dentists who meet certain criteria to practice in health access settings without the supervision of a dentist licensed in this state is substantially related to achieving this important state interest.” The bill directs the Florida Board of Dentistry to grant a “health access” license to practice dentistry in those designated health access settings to applicants who meet the requisite criteria.
The Dental Board of California, now that Senate Bill 853 has been enacted, will become a Bureau effective July 1, 2008. The new law abolishes the Board’s Committee on Dental Auxiliaries and transfers its authority to the new “Dental Bureau of California” and creates the Dental Hygiene Committee within the jurisdiction of the board. It abolishes the State Dental Auxiliary Fund and establishes the State Dental Assistant Fund and establishes within the board a management-level position to manage matters related to dental assisting.
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