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House
File
340
-
Introduced
HOUSE
FILE
340
BY
BRADLEY
A
BILL
FOR
An
Act
relating
to
the
practice
of
dental
assistants
without
1
registration
by
the
dental
board.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
147.74,
subsection
5,
Code
2025,
is
1
amended
to
read
as
follows:
2
5.
A
dentist
may
use
the
prefix
“Dr.”
or
“Doctor”,
but
shall
3
add
after
the
person’s
name
the
letters
“D.
D.
S.”,
or
“D.
M.
D.”,
4
or
the
word
“dentist”
or
“dental
surgeon”.
A
dental
hygienist
5
may
use
the
words
“registered
dental
hygienist”
or
the
letters
6
“R.
D.
H.”
after
the
person’s
name.
A
registered
dental
7
assistant
may
use
the
words
“registered
dental
assistant”
or
8
the
letters
“R.
D.
A.”
after
the
person’s
name.
9
Sec.
2.
Section
153.14,
subsection
5,
Code
2025,
is
amended
10
to
read
as
follows:
11
5.
Persons
registered
to
practice
practicing
as
a
dental
12
assistant.
13
Sec.
3.
Section
153.33,
subsection
1,
paragraphs
a
and
b,
14
Code
2025,
are
amended
to
read
as
follows:
15
a.
(1)
To
initiate
investigations
of
and
conduct
hearings
16
on
all
matters
or
complaints
relating
to
the
practice
of
17
dentistry,
dental
hygiene,
or
dental
assisting
or
pertaining
to
18
the
enforcement
of
any
provision
of
this
chapter
,
to
provide
19
for
mediation
of
disputes
between
licensees
and
their
patients
20
or
registrants
dental
assistants
and
their
patients
when
21
specifically
recommended
by
the
board,
to
revoke
or
suspend
22
licenses
or
registrations,
or
the
renewal
thereof,
issued
23
under
this
or
any
prior
chapter,
to
provide
for
restitution
24
to
patients,
and
to
otherwise
discipline
licensees
and
25
registrants
.
26
(2)
Subsequent
to
an
investigation
by
the
board,
the
board
27
may
appoint
a
disinterested
third
party
to
mediate
disputes
28
between
licensees
and
their
patients
or
registrants
dental
29
assistants
and
patients.
Referral
of
a
matter
to
mediation
30
shall
not
preclude
the
board
from
taking
disciplinary
action
31
against
the
affected
licensee
or
registrant
dental
assistant
.
32
b.
To
appoint
investigators,
who
shall
not
be
members
33
of
the
board,
to
administer
and
aid
in
the
enforcement
of
34
the
provisions
of
law
relating
to
those
persons
licensed
to
35
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practice
dentistry
and
dental
hygiene,
and
persons
registered
1
practicing
as
dental
assistants.
The
amount
of
compensation
2
for
the
investigators
shall
be
determined
pursuant
to
chapter
3
8A,
subchapter
IV
.
Investigators
authorized
by
the
board
have
4
the
powers
and
status
of
peace
officers
when
enforcing
this
5
chapter
and
chapters
147
and
272C
.
6
Sec.
4.
Section
153.33,
subsection
3,
unnumbered
paragraph
7
1,
Code
2025,
is
amended
to
read
as
follows:
8
In
any
investigation
made
or
hearing
conducted
by
the
9
board
on
its
own
motion,
or
upon
written
complaint
filed
with
10
the
board
by
any
person,
pertaining
to
any
alleged
violation
11
of
this
chapter
or
the
accusation
against
any
licensee
or
12
registrant
dental
assistant
,
the
following
procedure
and
rules
13
so
far
as
material
to
such
investigation
or
hearing
shall
14
obtain:
15
Sec.
5.
Section
153.33,
subsection
3,
paragraph
a,
Code
16
2025,
is
amended
to
read
as
follows:
17
a.
The
accusation
of
such
person
against
any
licensee
18
or
registrant
dental
assistant
shall
be
reduced
to
writing,
19
verified
by
some
person
familiar
with
the
facts
therein
stated,
20
and
three
copies
thereof
filed
with
the
board.
21
Sec.
6.
Section
153.33,
subsection
5,
paragraphs
a,
c,
and
22
d,
Code
2025,
are
amended
to
read
as
follows:
23
a.
The
board
may
impose
an
administrative
penalty
of
up
24
to
five
hundred
dollars
on
a
licensee,
registrant
dental
25
assistant
,
or
trainee
of
the
board
who
does
any
of
the
26
following:
27
(1)
Engages
in
a
practice
regulated
by
this
chapter
without
28
a
current
license,
registration,
permit,
or
qualification.
29
(2)
Employs
a
person
without
a
current
license,
30
registration,
permit,
or
qualification
to
engage
in
a
practice
31
regulated
by
this
chapter
.
32
(3)
Fails
to
complete
the
continuing
education
required
for
33
renewal
of
a
license
or
registration.
34
c.
A
licensee,
registrant
dental
assistant
,
or
trainee
may
35
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contest
a
penalty
issued
pursuant
to
paragraph
“a”
by
initiating
1
a
contested
case
proceeding
pursuant
to
chapter
17A
.
2
d.
This
subsection
shall
not
prohibit
the
board
from
3
imposing
discipline
on
a
licensee,
registrant
dental
assistant
,
4
or
trainee
for
willful
or
repeated
violations.
5
Sec.
7.
Section
153.34,
unnumbered
paragraph
1,
Code
2025,
6
is
amended
to
read
as
follows:
7
The
board
may
issue
an
order
to
discipline
a
licensed
dentist
8
or
dental
hygienist,
or
registered
a
dental
assistant,
for
9
any
of
the
grounds
set
forth
in
this
chapter
,
chapter
272C
,
10
or
Title
IV
.
Notwithstanding
section
272C.3
,
licensee
or
11
registrant
dental
assistant
discipline
may
include
a
civil
12
penalty
not
to
exceed
ten
thousand
dollars.
Pursuant
to
this
13
section
,
the
board
may
discipline
a
licensee
or
registrant
14
dental
assistant
for
any
of
the
following
reasons:
15
Sec.
8.
Section
153.38,
Code
2025,
is
amended
to
read
as
16
follows:
17
153.38
Dental
assistants
——
scope
of
practice.
18
A
registered
dental
assistant
may
perform
those
services
19
of
assistance
to
a
licensed
dentist
as
determined
by
the
20
board
by
rule.
A
registered
dental
assistant
with
additional
21
education
and
training,
as
provided
by
the
board
by
rule,
22
may
become
certified
to
perform
expanded
functions
or
become
23
qualified
to
participate
in
dental
radiography.
A
registered
24
dental
assistant
who
has
successfully
completed
expanded
25
function
training
through
the
university
of
Iowa
college
of
26
dentistry
or
a
program
certified
by
the
commission
on
dental
27
accreditation
may
place
dental
sealants
on
teeth.
Services
28
performed
by
a
registered
dental
assistant
shall
be
performed
29
under
supervision
of
a
licensed
dentist,
but
this
section
shall
30
not
be
construed
to
authorize
a
dental
assistant
to
practice
31
dentistry
or
dental
hygiene.
The
board
shall
not
adopt
rules
32
that
delegate
to
a
dental
assistant
the
administration
of
33
local
anesthesia
or
the
removal
of
plaque,
stain,
calculus,
or
34
hard
natural
material
except
by
toothbrush,
floss,
or
rubber
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cup
coronal
polish.
Every
licensed
dentist
who
utilizes
the
1
services
of
a
registered
dental
assistant
for
the
purpose
of
2
assistance
in
the
practice
of
dentistry
shall
be
responsible
3
for
acts
delegated
to
the
registered
dental
assistant.
A
4
dentist
shall
delegate
to
a
registered
dental
assistant
only
5
those
acts
which
are
authorized
to
be
delegated
to
registered
6
dental
assistants
by
the
board.
7
Sec.
9.
Section
153.39,
subsection
1,
Code
2025,
is
amended
8
to
read
as
follows:
9
1.
A
person
shall
not
practice
on
or
after
July
1,
2001,
as
10
a
registered
dental
assistant
unless
the
person
has
registered
11
with
the
board
and
received
a
certificate
of
registration
12
pursuant
to
this
chapter
.
13
Sec.
10.
Section
153.39,
subsection
5,
Code
2025,
is
amended
14
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
15
following:
16
5.
A
person
may
practice
as
a
dental
assistant
without
17
receiving
a
certificate
of
registration
as
described
in
18
this
section
if
the
person
successfully
completes
a
term
19
of
practical
training
under
the
supervision
of
a
dentist.
20
The
board
shall
adopt
rules
pursuant
to
chapter
17A
for
the
21
implementation
of
this
subsection.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
allows
a
person
to
practice
as
a
dental
assistant
26
without
being
registered
by
the
dental
board
if
the
person
27
completes
a
term
of
practical
training
under
the
supervision
28
of
a
dentist.
The
bill
requires
the
dental
board
to
adopt
29
rules
for
the
implementation
of
the
bill
and
makes
conforming
30
changes.
31
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