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04 HB 1141/FA/AP
House Bill 1141 (AS PASSED HOUSE
AND SENATE)
By: Representatives Childers of the 13th, Post 1, Graves of the 106th, Parrish of the 102nd, Hembree of the 46th, Henson of the 55th, and others
By: Representatives Childers of the 13th, Post 1, Graves of the 106th, Parrish of the 102nd, Hembree of the 46th, Henson of the 55th, and others
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Chapter 11 of Title 43 of the Official Code of
Georgia Annotated, relating to dentists and dental hygienists, so as to revise
certain definitions; to revise certain provisions relating to acts which
constitute the practice of dentistry; to revise certain provisions relating to
conscious sedation; to provide for an additional means to receive a license to
practice dentistry; to provide for criminal background checks for applicants for
a license to practice dentistry; to establish requirements and procedures to
obtain a provisional license to practice dentistry based on credentials; to
provide for an additional means to receive a
teacher´s
license for dentists and dental hygienists; to designate the practice of
dentistry under
another´s
license as a felony and to establish penalties for such; to revise certain
provisions relating to the "Georgia Volunteers in Dentistry Act"; to revise
certain provisions relating to clinical examinations for dental hygienists; to
provide for criminal background checks for applicants for a license to practice
dental hygiene; to establish requirements and procedures to obtain a license to
practice dental hygiene based on credentials; to revise certain provisions
relating to sanctioning licenses of dental hygienists; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 11 of Title 43 of the Official Code of Georgia
Annotated, relating to dentists and dental hygienists, is amended by striking
paragraphs (4), (6), and (7) of Code Section 43-11-1, relating to definitions,
and inserting in lieu thereof, respectively, the
following:
"(4) 'Conscious sedation' means a minimally depressed level of consciousness, produced by a pharmacologic agent, which
that retains the
patient´s
ability to maintain independently and continuously
maintain an airway and respond appropriately
respond to physical stimulation and or
verbal command and that is produced by a pharmacological or
nonpharmacological method or combination thereof. A patient whose only response
is reflex withdrawal from repeated painful stimuli shall not be considered to be
in a state of conscious sedation. The use of nitrous oxide as the
only systemic sedative is not considered conscious sedation for
purposes of this
chapter."
"(6) 'General anesthesia' meansa controlled an induced state
of depressed consciousness, or an induced state of unconsciousness,
produced by a pharmacologic agent, which is accompanied by
partial or complete loss of protective reflexes, including the inability to
continually and independently maintain independently an
airway and or respond purposefully to physical
stimulation or verbal command, and produced by a pharmacological or
nonpharmacological method or combination thereof. For purposes of this
chapter, 'general anesthesia' includes deep
sedation.
(7) 'Instructor' means either a dentistholding a dental license from another state or a dental
hygienist holding a dental hygienist license from another state who has
graduated from a school or college accredited by the Commission on Dental
Accreditation of the American Dental Association or its successor agency
and whom the state board has granted instructor status for the
sole purpose of teaching or instructing in a training clinic or an accredited
dental college or accredited dental hygiene school in this state those
procedures and services recognized in this state to be within the scope of
practice of such
person´s
license a
teacher´s
or
instructor´s
license pursuant to Code Section
43-11-42."
"(4) 'Conscious sedation' means a minimally depressed level of consciousness
"(6) 'General anesthesia' means
(7) 'Instructor' means either a dentist
SECTION 2.
Said chapter is further amended by striking paragraph (6) of
subsection (a) of Code Section 43-11-17, relating to acts which constitute the
practice of dentistry, and inserting in lieu thereof the
following:
"(6)Makes, Supplies, makes, fits, repairs, adjusts, or
relines, directly for or to an ultimate user of the product in the State of
Georgia, any appliance, cap, covering, prosthesis, or cosmetic covering, as
defined by rules and regulations established by the board,
appliances usable on teeth or as human
teeth unless such provision, production, fit, repair, adjustment, or reline
of such product appliances, repairs, adjustment, or relines
are is ordered by and returned to a licensed dentist or
unless such product is used solely for theatrical purposes as defined by rules
and regulations established by the
board;".
"(6)
SECTION 3.
Said chapter is further amended by striking Code Section
43-11-21, relating to conscious sedation, in its entirety and inserting in lieu
thereof the
following:
"43-11-21.
(a) No dentist licensed and practicing in the State of Georgia shall administer eithermultiple pharmacologic agents by oral route or single or
multiple pharmacologic agents by parenteral route for the purpose of
conscious sedation by oral, parenteral, enteral, transdermal, or
transmucosal route that renders a patient to a state of conscious sedation as
defined in Code Section 43-11-1, unless such dentist has been issued a
permit by the board under the conditions specified therefor in this Code
section. The dentist shall ensure that the pharmacologic agents and methods
used to administer such agents shall include a margin of safety so that loss of
consciousness of the patient is unlikely. However, this
This Code section shall not restrict the use of either
nitrous oxide, a single pharmacologic agent, or both, administered by
oral route in accordance with acceptable and prevailing practices or
pharmacological agents that do not render a patient to a state of conscious
sedation. Such permit shall be subject to biennial renewal at the time the
dentist is required to renew that
dentist´s
license to practice dentistry. It shall be the responsibility of the dentist to
provide such information as the board may require and to pay the separate
initial issuance and renewal fees for the permit as may be established by the
board.
(b)On and after July 1, 1988,
no No dentist shall be issued a permit under this Code section
unless the board has received satisfactory evidence that such dentist:
(1) Has received formal training in the use of conscious sedation at an institution accredited by the Commission on Dental Accreditation of the American Dental Association (ADA),or its successor agency, or other board approved
organization and is certified by such institution
organization as competent in the administration of pharmacologic agents
for conscious sedation and the handling of emergencies relating to conscious
sedation. Such certification shall specify the type, number of hours, and length
of training. The minimum didactic hours, patient contact hours, and number of
patients sedated under supervision shall be established by rule or regulation of
the board;
(2) Utilizes a properly equipped facility for the administration of conscious sedation, including physical plant and equipment, which has been evaluated and certified by an on-site examination; and
(3) Has demonstrated to the satisfaction of the board or any designee thereof proficiency in administering sedative techniques in the dentist´s office on a patient or patients in a safe and effective manner.
(c) Prior to July 1, 1988, the board
may issue a permit to administer conscious sedation to any dentist licensed in
the State of Georgia presently using conscious sedation on a regular basis,
provided such dentist:
(1) Passes a
written examination as may be administered or designated by the board, which
shall demonstrate sufficient knowledge of the principles and techniques of
conscious sedation and in the prevention, recognition, and management of
complications that may occur during the use of conscious
sedation;
(2) Meets the requirements
of paragraphs (2) and (3) of subsection (b) of this Code section;
and
(3) Meets all additional training
required by the board for any dentist who has experienced an incidence of
morbidity or mortality relating to the use of conscious
sedation.
(d)(c) In
enforcing the provisions of this Code section, the board is authorized to
designate qualified persons to perform the on-site examinations and is further
authorized to provide by rule or regulation for standards for physical plant,
equipment, and personnel to be utilized in the induction of conscious
sedation.
(e)(d) The board or
its appointed designee may, upon reasonable notice, make on-site inspections of
the facility, equipment, and personnel of a dentist issued a permit under this
Code section to determine if the standards of paragraph (2) of subsection (b) of
this Code section are being
maintained.
(f)(e)(1) The
board may, upon proper application, grant a provisional permit to administer
conscious sedation under the following
circumstances:
(A) Prior to July 1,
1988, to any licensed dentist who is presently utilizing conscious sedation on a
regular basis and who has had no incidence of morbidity or mortality relating to
such use of conscious sedation;
and
(B) On and after July 1,
1988, to any dentist who meets the requirements of paragraph (1) of
subsection (b) of this Code section.
(2) A provisional permit issued under this subsection shall expire six months after its issuance or upon the board´s determination by site visit that the requirements of paragraph (2) or (3) of subsection (b) of this Code section have not been met, whichever occurs earlier. The provisional permit may be renewed once, at the discretion of the board, for a period not to exceed six months following the original expiration date.
(g)(f) A dentist holding
a current, valid permit to administer general anesthesia as provided in this
chapter shall not be required to obtain a permit under this Code section in
order to administer conscious
sedation.
(h)(g) A permit
issued under this Code section may be revoked or not renewed if the board
determines that the dentist holding such permit no longer meets any requirement
of subsection (b) of this Code section. The board shall provide notice and
opportunity for hearing under Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act,' in any case in which it revokes or refuses to
renew a permit, provided that summary action regarding such permit shall be
authorized under Code Section
50-13-18.
(i)(h)(1) This Code
section shall not prohibit a person who is duly licensed to practice medicine in
this state and who is a member of the anesthesiology staff of an institution
classified as a hospital and issued a permit as an institution under Code
Section 31-7-1 from administering conscious sedation in a dental facility,
except that such anesthesiologist shall remain on the premises of the dental
facility until any patient given conscious sedation by such anesthesiologist is
stabilized and has regained consciousness.
(2) This Code section shall not prohibit a person who is duly licensed as a certified registered nurse anesthetist in this state from administering conscious sedation in a dental facility, provided that such sedation is administered under the direction and responsibility of a dentist duly permitted under this Code section and that such nurse anesthetist shall remain on the premises of the dental facility until any patient given conscious sedation by such nurse anesthetist is stabilized and has regained consciousness."
"43-11-21.
(a) No dentist licensed and practicing in the State of Georgia shall administer either
(b)
(1) Has received formal training in the use of conscious sedation at an institution accredited by the Commission on Dental Accreditation of the American Dental Association (ADA),
(2) Utilizes a properly equipped facility for the administration of conscious sedation, including physical plant and equipment, which has been evaluated and certified by an on-site examination; and
(3) Has demonstrated to the satisfaction of the board or any designee thereof proficiency in administering sedative techniques in the dentist´s office on a patient or patients in a safe and effective manner.
(2) A provisional permit issued under this subsection shall expire six months after its issuance or upon the board´s determination by site visit that the requirements of paragraph (2) or (3) of subsection (b) of this Code section have not been met, whichever occurs earlier. The provisional permit may be renewed once, at the discretion of the board, for a period not to exceed six months following the original expiration date.
(2) This Code section shall not prohibit a person who is duly licensed as a certified registered nurse anesthetist in this state from administering conscious sedation in a dental facility, provided that such sedation is administered under the direction and responsibility of a dentist duly permitted under this Code section and that such nurse anesthetist shall remain on the premises of the dental facility until any patient given conscious sedation by such nurse anesthetist is stabilized and has regained consciousness."
SECTION 4.
Said chapter is further amended by striking Code Section
43-11-40, relating to qualification of applicants and grant of license to
practice dentistry, in its entirety and inserting in lieu thereof the
following:
"43-11-40.
(a)(1) Applicants for a license to practice dentistry must have received a doctor of dental surgery (D.D.S.) degree or a doctor of dental medicine (D.M.D.) degree from a dental school approved by the board and accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency, if any. Those applicants who have received a doctoral degree in dentistry from a dental school not so accredited must comply with the following requirements in order to submit an application for licensure:
(A) Successful completion at an accredited dental school approved by the board of the last two years of a program leading to the doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree; and
(B) Certification by the dean of the accredited dental school where such supplementary program was taken that the candidate has achieved the same level of didactic and clinical competency as expected of a graduate of the school receiving a doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree.
(2) The board may establish by rule or regulation the requirements for documentation of an applicant´s educational and personal qualifications for licensure.
(3) In order to be granted a license under thispart Code section, all applicants must
successfully pass the board examination pass a clinical
examination approved by the board and a jurisprudence examination on the laws of
this state and rules and regulations as they relate to the practice of dentistry
as established or approved by the board, which shall be administered in the
English language.
(b) All applications to the board for a license shall be made through the division director, who shall then submit all such applications to the boardfor review and approval. These
applications shall be received by the division director not later than 45 days
before the date set for the next session of the
board.
(c) Subject to the provisions of subsection (a) of Code Section 43-11-47, applicants who have met the requirementsof subsection (a) of this Code section and
who have successfully passed the board examination shall be granted
licenses to practice dentistry.
(d) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check."
"43-11-40.
(a)(1) Applicants for a license to practice dentistry must have received a doctor of dental surgery (D.D.S.) degree or a doctor of dental medicine (D.M.D.) degree from a dental school approved by the board and accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency, if any. Those applicants who have received a doctoral degree in dentistry from a dental school not so accredited must comply with the following requirements in order to submit an application for licensure:
(A) Successful completion at an accredited dental school approved by the board of the last two years of a program leading to the doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree; and
(B) Certification by the dean of the accredited dental school where such supplementary program was taken that the candidate has achieved the same level of didactic and clinical competency as expected of a graduate of the school receiving a doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree.
(2) The board may establish by rule or regulation the requirements for documentation of an applicant´s educational and personal qualifications for licensure.
(3) In order to be granted a license under this
(b) All applications to the board for a license shall be made through the division director, who shall then submit all such applications to the board
(c) Subject to the provisions of subsection (a) of Code Section 43-11-47, applicants who have met the requirements
(d) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check."
SECTION 5.
Said chapter is further amended by adding a new Code Section
43-11-41 to read as
follows:
"43-11-41.
(a)(1) Applicants for a provisional license to practice dentistry by credentials must have received a doctor of dental surgery (D.D.S.) degree or a doctor of dental medicine (D.M.D.) degree from a dental school approved by the board and accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency, if any. Applicants must have been in full time clinical practice, as defined by rules and regulations established by the board; full time faculty, as defined by board rule and regulation; or a combination of both for the five years immediately preceding the date of the application and must hold an active dental license in good standing from another state. Those applicants who have received a doctoral degree in dentistry from a dental school not so accredited must comply with the following requirements in order to submit an application for provisional licensure by credentials:
(A) Successful completion at an accredited dental school approved by the board of the last two years of a program leading to the doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree; and
(B) Certification by the dean of the accredited dental school where such supplementary program was taken that the candidate has achieved the same level of didactic and clinical competency as expected of a graduate of the school.
(2) The board may establish by rule or regulation the requirements for documentation of an applicant´s educational and personal qualifications for provisional licensure.
(3) In order to be granted a provisional license under this Code section, all applicants must have passed a clinical examination given by a state or regional testing agency approved by the board and a jurisprudence examination on the laws of this state and rules and regulations as they relate to the practice of dentistry as established or approved by the board, which shall be administered in the English language.
(4) The board may establish additional licensure requirements by rule and regulation.
(b) All applications to the board for a provisional license by credentials shall be made through the division director, who shall then submit all such applications to the board. The fee for provisional licensure by credentials shall be paid to the division director and shall be in an amount established by the board.
(c) Subject to the provisions of subsection (a) of Code Section 43-11-47, an applicant who has met the requirements of this Code section shall be granted a provisional license to practice dentistry, which shall be valid for two years from the date it is issued and may be renewed subject to the approval of the board.
(d) Application for a provisional license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for provisional licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check.
(e) Upon receipt of license, the applicant by credentials must establish active practice, as defined by rules and regulations of the board, in this state within two years of receiving such license under this Code section or the license shall be automatically revoked."
"43-11-41.
(a)(1) Applicants for a provisional license to practice dentistry by credentials must have received a doctor of dental surgery (D.D.S.) degree or a doctor of dental medicine (D.M.D.) degree from a dental school approved by the board and accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency, if any. Applicants must have been in full time clinical practice, as defined by rules and regulations established by the board; full time faculty, as defined by board rule and regulation; or a combination of both for the five years immediately preceding the date of the application and must hold an active dental license in good standing from another state. Those applicants who have received a doctoral degree in dentistry from a dental school not so accredited must comply with the following requirements in order to submit an application for provisional licensure by credentials:
(A) Successful completion at an accredited dental school approved by the board of the last two years of a program leading to the doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree; and
(B) Certification by the dean of the accredited dental school where such supplementary program was taken that the candidate has achieved the same level of didactic and clinical competency as expected of a graduate of the school.
(2) The board may establish by rule or regulation the requirements for documentation of an applicant´s educational and personal qualifications for provisional licensure.
(3) In order to be granted a provisional license under this Code section, all applicants must have passed a clinical examination given by a state or regional testing agency approved by the board and a jurisprudence examination on the laws of this state and rules and regulations as they relate to the practice of dentistry as established or approved by the board, which shall be administered in the English language.
(4) The board may establish additional licensure requirements by rule and regulation.
(b) All applications to the board for a provisional license by credentials shall be made through the division director, who shall then submit all such applications to the board. The fee for provisional licensure by credentials shall be paid to the division director and shall be in an amount established by the board.
(c) Subject to the provisions of subsection (a) of Code Section 43-11-47, an applicant who has met the requirements of this Code section shall be granted a provisional license to practice dentistry, which shall be valid for two years from the date it is issued and may be renewed subject to the approval of the board.
(d) Application for a provisional license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for provisional licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check.
(e) Upon receipt of license, the applicant by credentials must establish active practice, as defined by rules and regulations of the board, in this state within two years of receiving such license under this Code section or the license shall be automatically revoked."
SECTION 6.
Said chapter is further amended by striking Code Section
43-11-42, relating to reciprocity with other states for a
teacher´s
or
instructor´s
license, in its entirety and inserting in lieu thereof the
following:
"43-11-42.
(a) The board may issue, in its discretion, without examination,teachers´
or
instructors´
licenses a
teacher´s
or
instructor´s
license to dentists holding a dental license from another state and
to dental hygienists holding a dental hygienist license from another state. A
teacher´s
or
instructor´s
license shall only be issued to a dentist or a dental hygienist
who has graduated from a school or college approved by the board and
accredited by the Commission on Dental Accreditation of the American Dental
Association (ADA) or its successor agency, if any, for the sole purpose
of teaching or instructing, in an accredited dental college or training
clinic or accredited dental hygiene school in this state, those
procedures and services recognized in this state to be within the scope of
practice of such
person´s
professional license.
(a.1)(1) The board may issue, in its discretion, without examination, a teacher´s or instructor´s license to a dentist who has graduated from a school or college approved by the board and accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency, if any, for the sole purpose of teaching or instructing, in an accredited dental college or training clinic in this state, those procedures and services recognized in this state to be within the scope of practice of such person´s professional license. Those applicants who have received a doctoral degree in dentistry from a dental school not so accredited must comply with the following requirements in order to submit an application for licensure:
(A)(i) Successful completion at an accredited dental school approved by the board of the last two years of a program leading to the doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree; or
(ii) Successful completion at an accredited dental school or college approved by the board of at least a two-year advanced education program in one of the dental specialties recognized by the American Dental Association (ADA) or in general dentistry; and
(B) Certification by the dean of the accredited dental school where such supplementary program was taken that the candidate has achieved the same level of didactic and clinical competency as expected of a graduate of the school receiving a doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree.
(2) The board may establish by rule or regulation the requirements for documentation of an applicant´s educational and personal qualifications for licensure.
(3) In order to be granted a license under this subsection, all applicants must pass a jurisprudence examination on the laws of this state and rules and regulations as they relate to the practice of dentistry as established or approved by the board, which shall be administered in the English language.
(b) The board may issue, in its discretion, without examination, a license to dentists for the sole purpose of practicing public health dentistry in an official state or a local health department or to render dental services to patients in state operated eleemosynary or correctional institutions, provided that these dentists possess a license in another state, are in good standing in said state, and have graduated from an accredited dental college. Such license shall be considered to be a temporary license which shall be valid for a period to be established by board rule.
(c) The cost of such teacher´s, instructor´s, or temporary public health license shall be established by the board.
(d) The board may also, in its
discretion, enter into an agreement with any similar board of any other state to
the effect that each party to such agreement, under the conditions therein
stipulated, will grant licenses to practicing dentists on the basis of a license
having been granted by the other party to the
agreement.
(e)(d) Any
license issued or considered for issuance under this Code section shall
be subject to the disciplinary standards and procedures
provisions set forth in Code Section
43-11-47.
(e) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check."
"43-11-42.
(a) The board may issue, in its discretion, without examination,
(a.1)(1) The board may issue, in its discretion, without examination, a teacher´s or instructor´s license to a dentist who has graduated from a school or college approved by the board and accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency, if any, for the sole purpose of teaching or instructing, in an accredited dental college or training clinic in this state, those procedures and services recognized in this state to be within the scope of practice of such person´s professional license. Those applicants who have received a doctoral degree in dentistry from a dental school not so accredited must comply with the following requirements in order to submit an application for licensure:
(A)(i) Successful completion at an accredited dental school approved by the board of the last two years of a program leading to the doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree; or
(ii) Successful completion at an accredited dental school or college approved by the board of at least a two-year advanced education program in one of the dental specialties recognized by the American Dental Association (ADA) or in general dentistry; and
(B) Certification by the dean of the accredited dental school where such supplementary program was taken that the candidate has achieved the same level of didactic and clinical competency as expected of a graduate of the school receiving a doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree.
(2) The board may establish by rule or regulation the requirements for documentation of an applicant´s educational and personal qualifications for licensure.
(3) In order to be granted a license under this subsection, all applicants must pass a jurisprudence examination on the laws of this state and rules and regulations as they relate to the practice of dentistry as established or approved by the board, which shall be administered in the English language.
(b) The board may issue, in its discretion, without examination, a license to dentists for the sole purpose of practicing public health dentistry in an official state or a local health department or to render dental services to patients in state operated eleemosynary or correctional institutions, provided that these dentists possess a license in another state, are in good standing in said state, and have graduated from an accredited dental college. Such license shall be considered to be a temporary license which shall be valid for a period to be established by board rule.
(c) The cost of such teacher´s, instructor´s, or temporary public health license shall be established by the board.
(e) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check."
SECTION 7.
Said chapter is further amended by striking Code Section
43-11-51, relating to practicing dentistry under
another´s
license, in its entirety and inserting in lieu thereof the
following:
"43-11-51.
Any person, firm, partnership, corporation, or other entity who practices dentistry or performs any dental operation under the protection of another´s license shall be guilty of amisdemeanor felony and, upon
conviction thereof, shall be punished by a fine of not less than $500.00 nor
more than $1,000.00 or by imprisonment for not less than two nor more than five
years, or
both."
"43-11-51.
Any person, firm, partnership, corporation, or other entity who practices dentistry or performs any dental operation under the protection of another´s license shall be guilty of a
SECTION 8.
Said chapter is further amended by striking Code Section
43-11-52, relating to volunteers in dentistry and special licensing, in its
entirety and inserting in lieu thereof the
following:
"43-11-52.
(a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Dentistry Act.'
(b) Notwithstanding any other provision of law, the board may issue a special license to qualifying dentists under the terms and conditions set forth in this Code section and pursuant to requirements which may be set forth in the rules and regulations of the board. The special license may only be issued to a person who is retired from the practice of dentistry and not currently engaged in such practice either full time or part time and has, prior to retirement, maintained full licensure in good standing in dentistry inthis any
state.
(c) The special licensee shall be permitted to practice dentistry only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide dentistry services only to indigent patients in areas which are underserved by dentists or critical need population areas of the state, as determined by the board.
(d) The person applying for the special license under this Code section shall submit to the board a notarized statement from the employing agency, institution, corporation, or association on a form prescribed by the board, whereby he or she agrees unequivocally not to receive compensation for any dentistry services he or she may render while in possession of the special license.
(e) The examination by the board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section.
(f) If, at the time application is made for the special license, the dentist is not in compliance with the continuing education requirements established by the board for dentists in this state, the dentist may be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license.
(g) The liability of persons practicing dentistry under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1.
(h) This Code section, being in derogation of the common law, shall be strictly construed.
(i) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check."
"43-11-52.
(a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Dentistry Act.'
(b) Notwithstanding any other provision of law, the board may issue a special license to qualifying dentists under the terms and conditions set forth in this Code section and pursuant to requirements which may be set forth in the rules and regulations of the board. The special license may only be issued to a person who is retired from the practice of dentistry and not currently engaged in such practice either full time or part time and has, prior to retirement, maintained full licensure in good standing in dentistry in
(c) The special licensee shall be permitted to practice dentistry only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide dentistry services only to indigent patients in areas which are underserved by dentists or critical need population areas of the state, as determined by the board.
(d) The person applying for the special license under this Code section shall submit to the board a notarized statement from the employing agency, institution, corporation, or association on a form prescribed by the board, whereby he or she agrees unequivocally not to receive compensation for any dentistry services he or she may render while in possession of the special license.
(e) The examination by the board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section.
(f) If, at the time application is made for the special license, the dentist is not in compliance with the continuing education requirements established by the board for dentists in this state, the dentist may be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license.
(g) The liability of persons practicing dentistry under and in compliance with a special license issued under this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1.
(h) This Code section, being in derogation of the common law, shall be strictly construed.
(i) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check."
SECTION 9.
Said chapter is further amended by striking Code Section
43-11-70, relating to examinations and licensing of dental hygienists, in its
entirety and inserting in lieu thereof the
following:
"43-11-70.
No person shall practice as a dental hygienist in this state until such person has passed a written and a clinical examination conducted or approved by theGeorgia Board of Dentistry board. The fee for such
examination shall be paid to the division director and shall be in an amount
established by the board. The board shall issue licenses and license
certificates as dental hygienists to those persons who have passed the
examination in a manner satisfactory to the board, which license certificate
shall be posted and displayed in the place in which the hygienist is
employed."
"43-11-70.
No person shall practice as a dental hygienist in this state until such person has passed a written and a clinical examination conducted or approved by the
SECTION 10.
Said chapter is further amended by striking Code Section
43-11-71, relating to qualifications of applicants for licensure as dental
hygienists, in its entirety and inserting in lieu thereof the
following:
"43-11-71.
(a) No person shall be entitled to or be issued such license as set out in Code Section 43-11-70 unless such person is at least 18 years of age, of good moral character, and a graduate of a dental hygiene program recognized by the board and accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency which is operated by a school or college accredited by an institutional accrediting agency recognized by the United States Department of Education whose curriculum is at least two academic years of courses at the appropriate level and at the completion of which an associate or baccalaureate degree is awarded.
(b) Application for a license under Code Section 43-11-70 shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check."
"43-11-71.
(a) No person shall be entitled to or be issued such license as set out in Code Section 43-11-70 unless such person is at least 18 years of age, of good moral character, and a graduate of a dental hygiene program recognized by the board and accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency which is operated by a school or college accredited by an institutional accrediting agency recognized by the United States Department of Education whose curriculum is at least two academic years of courses at the appropriate level and at the completion of which an associate or baccalaureate degree is awarded.
(b) Application for a license under Code Section 43-11-70 shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check."
SECTION 11.
Said chapter is further amended by adding following Code
Section 43-11-71, relating to qualifications of applicants for licensure as
dental hygienists, a new Code Section 43-11-71.1 to read as
follows:
"43-11-71.1.
(a)(1) Applicants for a license to practice dental hygiene by credentials must have received a dental hygiene degree from a dental hygiene school or program accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency, if any, and approved by the board. Applicants must also provide proof of full time clinical practice, as defined by the board, full time faculty practice, as defined by the board, or a combination of both for the last two preceding years and hold an active dental hygiene license in good standing from another state.
(2) The board may establish by rule or regulation the requirements for documentation of an applicant´s educational and personal qualifications for licensure.
(3) In order to be granted a license under this Code section, all applicants must have passed a clinical examination given by a state or regional testing agency approved by the board and a jurisprudence examination on the laws of this state and rules and regulations as they relate to the practice of dental hygiene as established or approved by the board, which shall be administered in the English language.
(4) The board may establish additional licensure requirements by rule and regulation.
(b) All applications to the board for a license by credentials shall be made through the division director, who shall then submit all such applications to the board. The fee for licensure by credentials shall be paid to the division director and shall be in an amount established by the board.
(c) Subject to the provisions of Code Section 43-11-72, an applicant who has met the requirements of this Code section shall be granted a license to practice as a dental hygienist.
(d) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check.
(e) Upon receipt of license, the applicant by credentials must establish active practice, as defined by rules and regulations of the board, in this state within two years of receiving such license under this Code section or the license shall be automatically revoked."
"43-11-71.1.
(a)(1) Applicants for a license to practice dental hygiene by credentials must have received a dental hygiene degree from a dental hygiene school or program accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency, if any, and approved by the board. Applicants must also provide proof of full time clinical practice, as defined by the board, full time faculty practice, as defined by the board, or a combination of both for the last two preceding years and hold an active dental hygiene license in good standing from another state.
(2) The board may establish by rule or regulation the requirements for documentation of an applicant´s educational and personal qualifications for licensure.
(3) In order to be granted a license under this Code section, all applicants must have passed a clinical examination given by a state or regional testing agency approved by the board and a jurisprudence examination on the laws of this state and rules and regulations as they relate to the practice of dental hygiene as established or approved by the board, which shall be administered in the English language.
(4) The board may establish additional licensure requirements by rule and regulation.
(b) All applications to the board for a license by credentials shall be made through the division director, who shall then submit all such applications to the board. The fee for licensure by credentials shall be paid to the division director and shall be in an amount established by the board.
(c) Subject to the provisions of Code Section 43-11-72, an applicant who has met the requirements of this Code section shall be granted a license to practice as a dental hygienist.
(d) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check.
(e) Upon receipt of license, the applicant by credentials must establish active practice, as defined by rules and regulations of the board, in this state within two years of receiving such license under this Code section or the license shall be automatically revoked."
SECTION 12.
Said chapter is further amended by striking Code Section
43-11-72, relating to sanctioning licenses of dental hygienists, in its entirety
and inserting in lieu thereof the
following:
"43-11-72.
The board shall have the authority to refuse to grant, to revoke, or to disciplinesanction the license of any licensed dental
hygienist in this state based upon any ground or violation enumerated in Code
Section 43-11-47, in the same manner and to the same extent as such Code
section applies to licenses of dentists, unless the application of any such
provision would not be appropriate to the license of a dental hygienist, in
accordance with the sanctions, standards, and procedures set forth in that Code
section, or for violation of Code Section 43-11-74 or any other law or rule
relating to the practice of dental hygiene, in accordance with the sanctions,
standards, and procedures set forth in Code Section
43-11-47."
"43-11-72.
The board shall have the authority to refuse to grant, to revoke, or to discipline
SECTION 13.
All laws and parts of laws in conflict with this Act are
repealed.