AN ACT relating to health care services and declaring an emergency.

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AN ACT relating to health care services and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 313.010 is amended to read as follows: 3
As used in this chapter, unless the context requires otherwise: 4
(1) "Board" means the Kentucky Board of Dentistry; 5
(2) "Certified dental technician" means an individual recognized as such by the 6
National Board for Certification in Dental Laboratory Technology; 7
(3) "Delegated duties list" means the list of procedures authorized in administrative 8
regulation which may be delegated by a dentist licensed under this chapter to a 9
licensed dental hygienist or a registered dental assistant; 10
(4) "Dental auxiliary personnel" means any staff member of a dental office not licensed 11
by or registered with the board; 12
(5) "Dental hygiene" means the treatment of the oral cavity, including but not limited to 13
dental hygiene assessment or screening, scaling and root planing, nonsurgical 14
therapy, removing calcareous deposits, removing accumulated accretion from 15
beneath the free gingival margin, cavity preventive procedures, and periodontal 16
procedures that require administering antimicrobial agents along with other general 17
dentistry activiti es outlined in the treatment care plan and not prohibited by this 18
chapter or by administrative regulation promulgated by the board; 19
(6) "Dental hygienist" means any person who is licensed to practice dental hygiene 20
under this chapter[has graduated from a CODA accredited dental hygiene program 21
at an institute of higher learning and has been credentialed as a "Registered Dental 22
Hygienist"]; 23
(7) "Dental laboratory" includes any person, firm, or corporation other than a licensed 24
dentist, who directly or through an agent or employee, by any means or method, in 25
any way supplies or manufactures artificial substitutes for the natural teeth, other 26
than those unfinished substitutes normally available through dental supply houses, 27
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or who furnishes supplies, constructs, or reproduces or repairs any prosthetic 1
denture, bridge, or appliance to be worn in the human mouth , or who performs or 2
offers or undertakes to perform or accomplish dental laboratory technology; 3
(8) "Dental laboratory technician" means any person who per forms or offers or 4
undertakes to perform or accomplish dental laboratory technology; 5
(9) "Dental specialist" means a dentist who is licensed to practice in a dental specialty 6
field under this chapter[practices in fields of specialty recognized and approved by 7
the American Dental Association]; 8
(10) "Dentist" means any person who is licensed to practice dentistry under this 9
chapter[has graduated from a Commission on Dental Accreditation (CODA) 10
accredited dental school and has been conferred with the degree of "Doctor of 11
Medical Dentistry" (D.M.D.) or "Doctor of Dental Surgery" (D.D.S.)]; 12
(11) (a) "Dentistry" means the evaluation, diagnosis, prevention, or surgical, 13
nonsurgical, or related treatment of diseases, disorders, or conditions of the 14
oral cavity, maxi llofacial area, or the adjacent and associated structures and 15
their impact on the human body provided by a dentist within the scope of his 16
or her education, training, and experience and in accordance with the ethics of 17
the profession and applicable law. 18
(b) Any person shall be regarded as "practicing dentistry" who, for a fee, salary, 19
or other reward paid, or to be paid either to himself or herself [,] or to another 20
person:[,] 21
1. Performs or advertises to perform, dental operations of any kind, 22
including the whitening of natural or manufactured teeth;[, or who] 23
2. Diagnoses or treats diseases or lesions of human teeth or jaws, or 24
attempts to correct malpositions thereof;[, or who ] 25
3. Diagnoses or treats disorders, or deficiencies of the oral cavity and 26
adjacent associated structures;[, or who ] 27
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4. Takes impressions of the human teeth or jaws to be used directly in the 1
fabrication of any intraoral appliance ;[, or shall construct, supply, 2
reproduce or repair ] 3
5. Constructs, supplies, reproduces, or repairs any prosthetic denture, 4
bridge, artificial restoration, appliance or other structure to be used or 5
worn as a substitute for natural teeth, except upon the written laboratory 6
procedure work order of a licensed dentist and constructed upon or by 7
the use of casts or models made from an impression taken by a licensed 8
dentist;[, or who shall advertise, offer, sell, or deliver] 9
6. Advertises, offers, sells, or delivers any such substitute or the services 10
rendered in the construction, reproduction, supply, or repai r thereof to 11
any person other than a licensed dentist;[, or who ] 12
7. Places or adjusts such substitute in the oral cavity of another ; and[, or 13
who ] 14
8. Uses the words "dentist," "dental surgeon," the letters "D.D.S.," 15
"D.M.D.," or other letters or title in connection with his or her name, 16
which in any way represents him or her as being engaged in the practice 17
of dentistry; 18
(12) "Direct supervision" means that the dentist is physically present in the dental office 19
or treatment facility, personally diagnoses the condition to be treated, authorizes the 20
procedures to be performed, remains in the dental office or treatment facility while 21
the procedures are being performed, and evaluates the performance of the 22
individual supervised; 23
(13) "General supervision" mean s a circumstance of treatment in which a dentist 24
licensed under this chapter must diagnose and authorize the work to be performed 25
on a patient by the dental hygienist authorized pursuant to administrative regulation 26
to work under general supervision but th e dentist is not required to be on the 27
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premises while the treatment is carried out; 1
(14) "Registered dental assistant" means any person who is registered with the board and 2
works under the direct supervision of a dentist; 3
(15) "Telehealth" means the use of interactive audio, video, or other electronic media to 4
deliver health care. It includes the use of electronic media for diagnosis, 5
consultation, treatment, transfer of health or medical data, and continuing 6
education; and 7
(16) "Volunteer community health setting" means a setting in which services are 8
rendered at no charge to the patient or to third-party payors. 9
Section 2. KRS 313.020 is amended to read as follows: 10
(1) The Kentucky Board of Dentistry shall consist of ten (10) voting members, each 11
appointed by the Governor to a four (4) year term , and additional nonvoting ex 12
officio members selected by their respective organizations as follows:[.] 13
(a) Seven (7) voting members of the board shall be licensed dentists , at least 14
three (3) of whom shall be general dentists. Each shall be appointed from a 15
list of three (3) names recommended for each board position by the resident 16
licensed dentists of Kentucky at an ann ual election at a time selected by the 17
Kentucky Board of Dentistry;[.] 18
(b) Two (2) voting members of the board shall be dental hygienists licensed to 19
practice dental hygiene in the Commonwealth. Each [ appointment to the 20
board of a licensed dental hygienist ] shall be[ made] from a list of three (3) 21
names recommended for this position by the resident licensed dental 22
hygienists of Kentucky at an annual election at a time selected by the board;[.] 23
(c) One (1) voting member shall be a citizen at large who is not associated with 24
or financially interested in the practice or business regulated;[.] 25
(d) One (1) nonvoting ex officio representative from each dental school program 26
in Kentucky that is accredited by the Commission on Dental Accreditation 27
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(CODA)[the Univers ity of Kentucky and the University of Louisville] shall 1
represent the dental schools' interests;[.] 2
(e) Two (2) [One (1)] nonvoting ex officio representatives[representative] from 3
the[a] dental hygiene degree programs in Kentucky that are accredited by 4
CODA and that are [program] not associated with a dental school [the 5
University of Kentucky or the University of Louisville] shall represent the 6
dental hygiene programs' interests. The dental hygiene school seats shall 7
rotate on a staggered, biennial[yearly] basis; and[.] 8
(f) One (1) nonvoting ex officio representative from the Department for Public 9
Health shall represent the department's interests. 10
(2) Individuals seeking board appointment as a voting member , other than the citizen 11
member, shall have been an actual resident and a licensed practicing dentist or 12
dental hygienist of the Commonwealth for not less than five (5) years immediately 13
preceding his or her appointment to the board, be in good standing with the board, 14
and shall not have been disciplined by the board in the past eight (8) years. A voting 15
member shall not receive compensation from or have a financial interest in any 16
dental college or dental department of any institution of learning, dental supply 17
business, or any entity over which the board has regulatory authority or for which it 18
sets standards [ for] . For this subsection alone, a private admonishment shall not 19
count as discipline. 20
(3) A[No] board member shall not serve more than two (2) consecutive terms. A 21
member appointed to a part ial term vacancy exceeding two (2) years shall be 22
deemed to have served one (1) full term. A former member may be reappointed 23
following an absence of one (1) term. 24
(4) The board shall annually: 25
(a) Meet at least four (4) times a year; 26
(b) At the first meet ing of the board after July 1, elect officers of the board by 27
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majority vote of the members present; and 1
(c) Set a schedule of at least four (4) regular meetings for the next twelve (12) 2
month period. 3
(5) A majority of the voting members of the board shall constitute a quorum for the 4
transaction of business. 5
(6) (a) A member of the board who misses three (3) regular meetings in one (1) year 6
shall be deemed to have resigned from the board, and his or her position shall 7
be deemed vacant. 8
(b) The failure of a board member to attend a special or emergency meeting shall 9
not result in any penalty. 10
(c) The year specified in paragraph (a) of this subsection shall begin with the first 11
meeting missed and end three hundred sixty -five (365) days later or with the 12
third meeting missed, whichever occurs earlier. 13
(d) The Governor shall appoint a person of the same class to fill the vacancy 14
within ninety (90) days. 15
(e) A person removed under this subsection shall not be reappointed to the board 16
for four (4) years. 17
(7) Each voting member of the board shall receive any necessary expenses incurred in 18
attending its meetings. Each voting member shall receive as compensation two 19
hundred dollars ($200) for each day actually engaged in the duties of his or her 20
office. 21
(8) Annual reports and recommendations from the board shall be sent by February 1 22
each year to the Governor and the General Assembly. 23
Section 3. KRS 313.021 is amended to read as follows: 24
(1) The board shall: 25
(a) Exercise all of the adm inistrative functions of the Commonwealth in the 26
regulation of the profession of dentistry, including but not limited to dentists, 27
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dental hygienists, dental assistants, and dental laboratories; 1
(b) Subject to the provisions of this chapter, create levels o f licensure or 2
registration as appropriate for individuals providing services under this 3
chapter. These shall consist of: 4
1. Dentist; 5
2. Dental hygienist; and 6
3. Dental assistant; 7
(c) [The board shall ] Promulgate administrative regulations in accordance with 8
KRS Chapter 13A for any license or registration the board may create. The 9
administrative regulations shall, at a minimum, address: 10
1. Requirements for students, if appropriate; 11
2. Requirements for education; 12
3. Eligibility for licensure or registration; and 13
4. Renewal requirements; 14
(d) Oversee the operations and establish the organizational structure of the Office 15
of the Kentucky Board of Dentistry, which is created and shall be attached to 16
the board for administrative purposes. The office shall be headed by the 17
executive director appointed under paragraph (e) of this subsection and shall 18
be responsible for: 19
1. Personnel and budget matters affecting the board; 20
2. Fiscal activities of the board, includi ng grant writing and disbursement 21
of funds; 22
3. Information technology, including the design and maintenance of 23
databases; 24
4. Licensure of dentists and dental hygienists; 25
5. Registration of dental assistants; 26
6. Investigation of complaints; and 27
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7. Other responsibilities which may be assigned to the executive director 1
by the board; 2
(e) Employ an executive director and fix his or her compensation. The executive 3
director shall serve at the pleasure of the board, administer the day -to-day 4
operations of the Office of the Kentucky Board of Dentistry, and supervise all 5
directives of the board. The executive director shall possess a baccalaureate 6
degree and shall have no less than five (5) years of experience in public 7
administration; 8
(f) Employ or contract with an a ttorney licensed to practice law in Kentucky and 9
fix his or her compensation. The attorney shall serve at the pleasure of the 10
board and have primary assignment to the board; 11
(g) Employ or contract with personnel sufficient to carry out the statutory 12
responsibilities of the board; 13
(h) Establish committees and subcommittees and the membership thereof. 14
Members of committees and subcommittees shall not need to be members of 15
the board; 16
(i) Provide for affiliation with the American Association of Dental Boards and 17
all testing organizations that administer qualifying examinations for 18
licensure required under this chapter; 19
(j) Select the subject matter and standards of proficiency for examinations related 20
to issuance of licenses or registrations issued under this ch apter or 21
administrative regulations promulgated hereunder; and 22
(k) Have the authority to issue advisory opinions and declaratory rulings related 23
to this chapter and the administrative regulations promulgated thereunder as 24
established by administrative regulation. 25
(2) The board may utilize materials, services, or facilities as may be made available to 26
it by other state agencies or may contract for materials, services, or facilities. 27
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(3) The board shall develop a proposed biennial budget for all administrativ e and 1
operational functions and duties. 2
(4) The board shall purchase liability insurance for board and staff members against 3
acts performed in the good faith discharge of duties. 4
Section 4. KRS 313.022 is amended to read as follows: 5
(1) The board shall, by administrative regulation promulgated in accordance with KRS 6
Chapter 13A, prescribe a schedule of reasonable fees, charges, and fines not to 7
exceed the national average of other state dental boards for: 8
(a) Examination; 9
(b) Issuance, renewal, and reinstatement of licenses; 10
(c) Issuance, renewal, and reinstatement of registrations; 11
(d) Inspections and reinspections; 12
(e) Applications; 13
(f) Other services and materials provided by the board; 14
(g) Investigations; 15
(h) Administrative legal costs; and 16
(i) Fines for infractions. 17
(2) All fees, charges, or other moneys collected or received by the board shall be paid 18
into the State Treasury and credited to a trust and agency fund which, 19
notwithstanding KRS 45.229, shall not lapse, to be used by the b oard for the 20
carrying out of the provisions of this chapter. 21
(3) All disbursements by the board in the transactions of its business and in the 22
enforcement of the provisions of this chapter shall be paid out of the[such] trust and 23
agency account as claims a gainst the state in accordance with the provisions of 24
KRS Chapters 45 and 45A. 25
(4) The board may designate funds from the trust and agency account to administer 26
scholarships or education loan repayment assistance to individuals who meet the 27
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criteria established in an administrative regulation promulgated by the board in 1
accordance with KRS Chapter 13A. 2
(5) The board may establish a petty cash fund not to exceed one thousand dollars 3
($1,000) for the purpose of making disbursements requiring prompt cash outla y[,] 4
and to carry out the provisions of KRS 45A.045 applying to the delegation of 5
authority to purchase. 6
Section 5. KRS 313.030 is amended to read as follows: 7
(1) The license or registration held by a dentist, dental hyg ienist, or dental assistant 8
shall be valid for a period of two (2) years. 9
(2) Each license or registration held by a dentist, dental hygienist, or dental assistant 10
shall expire on December 31. A dentist's license shall expire in odd -numbered 11
years, while a ll other licenses or registrations issued by the board shall expire in 12
even-numbered years. 13
(3) Each license or registration held by any person issued under the provisions of this 14
chapter shall be renewed at least biennially. Upon receipt of the applicatio n and fee, 15
the board shall verify the accuracy of the application to determine whether the 16
licensee or person seeking licensure or registration has met all the requirements as 17
set forth in this chapter and in the administrative regulations promulgated by t he 18
board, and, if so, shall issue to the applicant a license or registration to practice or 19
engage in the activity for the ensuing licensure or registration period. Such license 20
or registration shall render the holder a legal practitioner of the practice o r activity 21
specified in the license or registration for the period stated on it. The board shall 22
prescribe by administrative regulation promulgated in accordance with KRS 23
Chapter 13A the beginning and ending of the licensure or registration period. 24
(4) Any person who is licensed or registered by the board who allows his or her license 25
or registration to lapse by failing to renew the license or registration as provided in 26
this section may be reinstated by the board on payment of the current fee for 27
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original licensure or registration in addition to any late fees and by meeting the 1
requirements of administrative regulations promulgated by the board. 2
(5) An application for renewal of a license or registration shall be completed online or, 3
if a written request is made to the board prior to November 1 of the year of 4
expiration, a paper application shall be sent to the last known address of each 5
licensee or certified or registered person requesting a paper application. 6
(6) Any person engaging in any practice or acti vity regulated by the board during the 7
time his or her license or registration has lapsed shall be considered practicing with 8
an expired license or registration and shall be subject to the penalties provided for 9
violations of this chapter. 10
(7) Failure to r eceive the application for renewal of a license or registration shall not 11
relieve a dentist, dental hygienist, or dental assistant from the duty to renew his or 12
her license or registration prior to December 31 of the year in which the license or 13
registration expires. 14
(8) The duration of any license or registration issued by the board may be limited by 15
disciplinary action of the board. 16
(9) Every license or registration issued by the board shall have the seal of the board 17
affixed. A holder of a license or reg istration shall retain it in his or her possession 18
and be prepared to exhibit it upon demand by an employer or anyone to whom the 19
holder of the license or registration offers treatment or any board member or staff 20
member of the[ Kentucky] board[ of Dentist ry]. Each license or registration issued 21
by the board shall be posted in a conspicuous place in each place of employment of 22
the dentist, dental hygienist, or dental assistant. 23
(10) Failure or refusal to produce a license or registration upon demand shall b e prima 24
facie evidence that no such license or registration exists.[ 25
(11) In order to ensure a proper transition during the implementation of the provisions of 26
this section, the board may, for a period of no longer than three (3) years, extend a 27
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license or registration of any person in order to utilize the expiration date provided 1
for in this section. The board shall, in writing, notify each person whose license or 2
registration is extended of the extension and the new date of expiration. The 3
extension shall be without charge.] 4
Section 6. KRS 313.035 is amended to read as follows: 5
(1) The board shall promulgate administrative regulations in accordance with KRS 6
Chapter 13A relating to dentists. The administrative regulations shall include the 7
classification of and licensure of dentists, by examination or credentials, the 8
licensure of spe cialists, student limited licenses, faculty limited licenses, 9
reciprocity, retirement of a license, reinstatement of a license, charity licenses, and 10
[conscious ]sedation and anesthesia permits. 11
(2) Renewal programs shall be organized to include continuing education approved by 12
the board. 13
(3) For the purposes of licensure of specialists , the board shall only recognize fields of 14
specialty duly recognized and approved by the National Commission on 15
Recognition of Dental Specialties and Certifying Boards [American Dental 16
Association]. Individuals licensed as specialists shall not practice outside of that 17
specialty except: 18
(a) Upon documented referral by a general dentist to perform a procedure 19
within the specialist's scope of training; or 20
(b) As provided for in charitable dentistry as defined by administrative regulation, 21
during a declared disaster by order of the Governor, or when the special needs 22
of the patient require they be followed past the age of eig hteen (18) by a 23
pediatric dentist. 24
(4) A[No] person licensed under this chapter, who in good faith renders emergency 25
care at the scene of an emergency, shall not be liable for any civil damages as a 26
result of any acts or omissions by such person in rendering the emergency care. 27
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(5) Any dentist who serves on any committee, board, commission, or other entity 1
which is duly constituted by any licensed hospital, dental society or association 2
affiliated with the American Dental Association, dental care foundation affiliated 3
with such dental society or association or governmental or quasi -governmental 4
agency for the purpose of reviewing and evaluating the dental acts of other dentists, 5
or dental auxiliary personnel, shall not be required to respond in damages for a ny 6
action taken by him or her in good faith as a member of such committee, board, 7
commission, or other entity. 8
(6) Licensed dentists may prescribe any drug necessary within the scope of their 9
practice. 10
(7) Dentists may sign death certificates the same as p hysicians, when necessary in the 11
line of their profession. 12
(8) [Nothing in ] This chapter shall not apply to a legally licensed doctor of medicine 13
unless he or she practices dentistry as a specialty. 14
(9) [Nothing in ]This chapter shall not apply to a practitioner of dentistry duly licensed 15
in the United States [by another state or the District of Columbia ] while making a 16
clinical demonstration before a dental society, convention, association of dentists, 17
or a dental school. 18
Section 7. KRS 313.040 is amended to read as follows: 19
(1) The board shall promulgate administrative regulations in accordance with KRS 20
Chapter 13A relating to dental hygienists. The administrative regulations 21
shall[may] include at a minimum the classifica tion of and licensure of dental 22
hygienists, by examination or credentials, general supervision privileges, anesthesia 23
registration, retirement of a license, reinstatement of a license, and charity licenses. 24
(2) Renewal programs shall be organized to includ e continuing education approved by 25
the board. 26
(3) A licensed dental hygienist shall practice under the supervision, order, control, and 27
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full responsibility of a dentist licensed under this chapter and may practice: 1
(a) In a dental office, public or private school, health care facility, or government 2
institution with a dentist on staff; 3
(b) Without the physical presence of a supervising dentist as provided in 4
administrative regulations promulgated pursuant to subsections (6), (7), [and 5
](8), and (9) of this section; or 6
(c) Without a supervising dentist if providing screening services in accordance 7
with subsection (10)[(9)] of this section. 8
(4) It shall be unlawful for a person or entity[corporation] to practice dental hygiene in 9
a manner that is separate or i ndependent from the dental practice of a supervising 10
dentist or to establish or maintain an office or practice that is primarily devoted to 11
the provision of dental hygiene services. 12
(5) A dental hygienist may be employed by the supervising dentist or under contract 13
with a dentist licensed under this chapter who is one (1) of the following: 14
(a) The employer of the supervising dentist; 15
(b) A shareholder in a professional association formed under KRS Chapter 16
274[274.015] of which the supervising dentist is a shareholder; 17
(c) A member or manager of a limited liability company formed under Chapter 18
275[KRS 275.005] of which the supervising dentist is a member or manager; 19
(d) A shareholder in a corporation formed under KRS Chapter 271B of which the 20
supervising dentist is a shareholder; 21
(e) A partner or employee of a partnership of which the supervising dentist is a 22
partner or employee; or 23
(f) A government entity that employs the dental hygienist to provide dental 24
hygiene services in a public school in connection wit h other programs the 25
government entity administers. 26
(6) A dental hygienist may provide the following procedures in a volunteer community 27
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health setting without the supervision of a dentist: 1
(a) Dental health education; 2
(b) Nutritional counseling; 3
(c) Preparing a generalized oral screening with subsequent referral to a dentist; 4
(d) Applying fluoride on patients; 5
(e) Demonstration of oral hygiene technique; and 6
(f) Sealants. 7
(7) (a) A dental hygienist may provide, for not more than fifteen (15) consecuti ve 8
full business days, dental hygiene services to a patient when the supervising 9
dentist is not physically present at the location at which the services are 10
provided if all the following requirements are met: 11
1. The dental hygienist has at least [two (2) y ears with a minimum of 12
]three thousand (3,000) hours of work experience in the practice of 13
dental hygiene; 14
2. The dental hygienist has successfully completed a course approved by 15
the board in the identification and prevention of potential medical 16
emergencies with reregistration in this course every two (2) years; 17
3. The dental hygienist complies with written protocols for emergencies 18
the supervising dentist establishes; 19
4. The dental hygienist does not examine or provide dental health services 20
to a patient who has not been examined by the supervising dentist within 21
the previous eleven (11) [seven (7)] months. The supervising dentist 22
shall have completed and evaluated a medical and dental history of the 23
patient and shall have placed a written order for treatme nt in the 24
patient's file. The board shall promulgate administrative regulations in 25
accordance with KRS Chapter 13A to determine guidelines for the 26
written order; and 27
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5. A patient is notified in advance of an appointment for dental hygiene 1
services when the supervising dentist will be absent from the location. 2
The patient shall be required to sign an informed consent form, prior to 3
treatment by the hygienist, acknowledging the dentist's absence. 4
(b) The board shall promulgate administrative regulations to de termine 5
procedures the dental hygienist shall not be allowed to perform while the 6
supervising dentist is absent from the work site. 7
(8) A dental hygienist licensed by the board may practice as a public health hygienist 8
and may provide dental hygiene services if: 9
(a) The services are provided as part of a dental health program; 10
(b) The program for which the hygienist works is operated through the 11
Department for Public Health or a governing board of health; and 12
(c) The hygienist performs only accepted standar dized protocols which are 13
contained within the scope of practice of dental hygiene and which are 14
reviewed and approved by the Board of Dentistry and either the Department 15
for Public Health or the dentist member of the governing board of health, as 16
set out in administrative regulation. 17
(9) A dental hygienist licensed by the board may make radiographs upon written 18
order of the supervising dentist without the dentist being physically present. 19
(10) A dental hygienist may provide screening services in any setting without the 20
supervision of a dentist if: 21
(a) The screening is conducted to fulfill the requirements of KRS 156.160(1)(j); 22
and 23
(b) Patients are informed that the service being provided is a sc reening and that 24
only a dentist is licensed to make a definitive diagnosis of the need for dental 25
care. 26
Section 8. KRS 313.045 is amended to read as follows: 27
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(1) The board shall promulgate administrative regulations in a ccordance with KRS 1
Chapter 13A to define registration requirements, duties, training, and standards of 2
practice that may be performed by a dental assistant who has a minimum of one (1) 3
year of dental office experience. 4
(2) The board shall approve the instr uctor and the courses of study for approving 5
duties, training, and standards of practice that may be performed by a registered 6
dental assistant. 7
(3) A registered dental assistant shall practice under the supervision, order, control, and 8
full responsibility of a dentist licensed under this chapter. 9
(4) A[The] registration issued to a [for each] registered dental assistant shall be 10
continuously displayed in a conspicuous place in the office of the licensee. 11
(5) Supervising dentists shall only assign to registe red dental assistants procedures that 12
do not require the professional competence of a licensed dentist or a licensed dental 13
hygienist. 14
(6) Registered dental assistant services may include coronal polishing, a cosmetic 15
procedure that is not essential to therapeutic oral prophylaxis, if the following 16
criteria are observed: 17
(a) Polishing activities are limited to the use of a rubber cap attached to a slow -18
speed rotary dental handpiece or dental hygiene cordless polisher; 19
(b) The assistant has received a certificate from the board's approved instructor 20
that ensures the assistant has successfully completed a dental assisting course 21
developed by the board and a committee of dental educators from the 22
Kentucky institutions of dental education accredited by the 23
Commission[Council] on Dental Accreditation; and 24
(c) The dental assisting course includes basic dental assisting and coronal 25
polishing instructi on that includes didactic, preclinical, clinical training, and 26
competency testing. 27
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(7) Registered dental assistant services shall not include the following: 1
(a) [The practice of dental hygiene or the performance of the duties of a licensed 2
dental hygienist that require the use of any instrumentation which may elicit 3
the removal of calcareous deposits or accretions on the crowns and roots of 4
teeth; 5
(b) ]Diagnosis; 6
(b)[(c)] Treatment planning and prescription, including prescriptions for drugs 7
or medicaments, or authorization for restorative, prosthodontic, or orthodontic 8
appliances; and 9
(c)[(d)] Surgical procedures on hard or soft tissues of the oral cavity, or any 10
other intraoral[intaoral] procedure that contributes to or results in an 11
irreversible alteration of the oral anatomy[; and 12
(e) The making of final impressions from which casts are made to construct any 13
dental restoration]. 14
(8) A licensed dentist may delegate the taking of radiographs to registered dental 15
assistants who have completed [ a] board-approved training[course] in radiography 16
technique and safety. The course completion certificate shall be maintained by the 17
supervising dentist and be made available to the board upon request. 18
Section 9. KRS 313.050 is amended to read as follows: 19
(1) A licensed dentist may delegate to competent dental auxiliary personnel those 20
procedures for which the dentist exercises direct supervision and full responsibility 21
as long as the delegated powers do not include any of the following: 22
(a) Those procedures which require professional judgment and skill, such as 23
diagnosis and treatment planning and the cutting of hard or soft tissues or any 24
intraoral procedure which will be used directly in the fabrication of an 25
appliance which, when worn by the patient, would come in direct contact with 26
hard or soft tissue; 27
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(b) Those procedures allocated by this chapter to licensed dental hygienists or 1
registered dental assistants; and 2
(c) The administration of [No] injectable medication or anesthesia [ s hall be 3
administered] by auxiliary personnel unless otherwise authorized by law. 4
(2) A licensed dentist may delegate the taking of radiographs to dental auxiliary 5
personnel who have completed [a ]board-approved training[course] in radiography 6
technique and safety. The course completion certificate shall be maintained by the 7
supervising dentist and be available to the board upon request. 8
Section 10. KRS 313.060 is amended to read as follows: 9
(1) The board shall promulgate administrative regulations in accordance with KRS 10
Chapter 13A relating to dental practices which shall include minimal requirements 11
for documentation, Centers for Disease Control compliance, [conscious ]sedation of 12
patients, compliance with federal control led substances regulations, and any 13
applicable federal statute or regulation. 14
(2) Any person practicing or offering to practice dentistry or dental surgery shall 15
practice under his or her own name or the name of a deceased or incapacitated 16
dentist for whom the person practicing dentistry has contracted to perform 17
continuing operations. 18
(3) A[No] person shall not conduct a dental office in his or her name or[nor] advertise 19
his or her name in connection with any dental office unless he or she personally 20
performs services as a dentist or dental surgeon in the[such] office or personally 21
supervises the[such] services as are performed in the[such] office during a porti on 22
of the time the[such] office is operated by him or her only, and shall not use his or 23
her name in connection with that of any other dentist, except as provided for 24
deceased or incapacitated dentists in subsection (4) of this section. 25
(4) The executor or administrator of a deceased dentist's estate, or the legal guardian or 26
authorized representative of a dentist who has become incapacitated, may contract 27
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with another dentist or dentists to continue the operations of the deceased or 1
incapacitated dentist's practice if the practice of the deceased or incapacitated 2
dentist is a: 3
(a) Sole proprietorship; 4
(b) Corporation in which the deceased or incapacitated dentist is the sole 5
shareholder; or 6
(c) Limited liability company in which the deceased or incapacitated dentist is the 7
sole member. 8
(5) Contracts to continue the operations of a deceased or incapacitated dentist's practice 9
may extend until the practice is sold. 10
(6) Prior to contracting with another dentist or dentists to continue operations of a 11
deceased or incapacitated dentist's practice, the executor, administrator, guardian, or 12
authorized representative shall file a notification of intent to contract for 13
continuation of practice with the board on a form prescribed by the board. The 14
notification shall include the following information: 15
(a) The name and license number of the deceased or incapacitated dentist; 16
(b) The name and address of the dental practice; 17
(c) The name, address, and tax identification number of the estate; 18
(d) The name and license number of each dentist who will provide services in the 19
dental practice; 20
(e) An affirmation, under penalty of perjury, that the information provided is true 21
and correc t and that the executor, administrator, guardian, or authorized 22
representative understands that any interference by the executor, 23
administrator, guardian, or authorized representative, or any agent or assignee 24
of the executor, administrator, guardian, or a uthorized representative, with the 25
contracting dentist's or dentists' practice of dentistry or professional judgment 26
or any other violation of this chapter is grounds for an immediate termination 27
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of the operations of the dental practice; and 1
(f) Any other information the board deems necessary for the administration of 2
this chapter. 3
(7) Within thirty (30) days after the death or incapacitation of a dentist, the executor, 4
administrator, guardian, or authorized representative shall send notification of the 5
death or incapacitation by mail to the last known address of each patient of record 6
that has received treatment by the deceased or incapacitated dentist within the 7
previous twelve (12) months, with an explanation of how copies of the practitioner's 8
records ma y be obtained. This notice may also contain any other relevant 9
information concerning the continuation of dental practice. 10
(8) A treating dentist who provides or facilitates the use of telehealth shall ensure: 11
(a) That the informed consent of the patient [,] or legal representative [another 12
appropriate person with authority to make the health care treatment decision 13
for the patient,] is obtained before services are provided through telehealth; 14
and 15
(b) That the confidentiality of the patient's medical informat ion is maintained as 16
required by this chapter and other applicable law. At a minimum, 17
confidentiality shall be maintained through appropriate processes, practices, 18
and technology as designated by the board and that conform to applicable 19
federal law. 20
(9) The board shall promulgate administrative regulations in accordance with KRS 21
Chapter 13A to implement this section and as necessary to: 22
(a) Prevent abuse and fraud through the use of telehealth services; 23
(b) Prevent fee-splitting through the use of telehealth services; and 24
(c) Utilize telehealth in the provision of dental services and in the provision of 25
continuing education. 26
(10) A licensed dentist may delegate to a licensed dental hygienist the administration of 27
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block and infiltration anesthesia and nitrous oxide analgesia under the direct 1
supervision of a dentist if the dental hygienist completes the following requirements 2
and receives a certificate of verification from the board: 3
(a) Formal training from a dental or dental hygiene school accredited by the 4
Commission on Dental Accreditation; 5
(b) A minimum of thirty -two (32) hours covering all of the following topics, 6
including but not limited to anatomical considerations, basic injunction 7
technique, basic placement technique, nitrous oxide administration, 8
recordkeeping, armamentarium exercise, local anesthesia and nitrous oxide, 9
techniques of maxillary anesthesia, techniques of mandibular injections, 10
partner injections and partner administration of nitrous oxide, 11
neurophysiology, pharmacology of local anesthe tics and nitrous oxide, 12
pharmacology of vasoconstrictors, physical and psychological evaluation, 13
local and systemic complications, and contraindications; 14
(c) A minimum of two (2) hours of clinical education for nitrous oxide 15
administration with successful completion of administration, monitoring, and 16
removal of nitrous oxide on at least two (2) patients; 17
(d) A minimum of twelve (12) hours demonstrating mastery of local anesthesia 18
applications and successful completion of at least three (3) injections each o f 19
all maxillary and mandibular injection sites; and 20
(e) A score that exceeds seventy -four percent (74%) on a written examination 21
administered after coursework and clinical training. 22
(11) The board shall approve all continuing education courses and require them for 23
individuals holding anesthesia registration for over one (1) year without practical 24
application. The courses shall be developed and implemented by dental education 25
institutions accredited by the Commission on Dental Accreditation. 26
Section 11. KRS 313.070 is amended to read as follows: 27
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(1) A person who is not licensed or registered [ to do so] , or whose license or 1
registration [to do so ] has been suspended, revoked, or denied, shall not practice as 2
a dentist, dental hygienist, or dental assistant. 3
(2) Any person who violates subsection (1) of this section is guilty of a Class B 4
misdemeanor for the first offense and a Class A misdemeanor for each subsequent 5
offense. 6
(3) The provisions of this section shall not preclu de the board from revoking or 7
increasing the suspension period of a person practicing as a dentist, dental 8
hygienist, or dental assistant who has illegally practiced while his or her license or 9
registration is under suspension or has been revoked. 10
(4) The filing of criminal charges or a criminal conviction for violation of the 11
provisions of this chapter or the administrative regulations promulgated by the 12
board in accordance with KRS Chapter 13A [thereunder] shall not preclude the 13
board from instituting or i mposing board disciplinary action authorized by this 14
chapter against any person or organization violating this chapter or the 15
administrative regulations promulgated by the board in accordance with KRS 16
Chapter 13A[thereunder]. 17
(5) The institution or imposit ion of disciplinary action by the board against any person 18
or organization violating the provisions of this chapter or the administrative 19
regulations promulgated by the board in accordance with KRS Chapter 20
13A[thereunder] shall not preclude the filing of c riminal charges against or a 21
criminal conviction of any person or organization for violation of the provisions of 22
this chapter or the administrative regulations promulgated by the board in 23
accordance with KRS Chapter 13A[thereunder]. 24
(6) (a) [Nothing in ] This chapter shall not prohibit students from performing dental 25
operations under the supervision of competent instructors approved by the 26
dental school, college, or department of a university. The board may authorize 27
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the students of any dental college, scho ol, or department of a university to 1
practice dentistry in any state or municipal institution or public school, or 2
under the board of health, or in a public clinic or a charitable institution. 3
A[No] fee shall not be accepted by the student beyond the expen ses provided 4
by the stipend. 5
(b) Students shall be at all times under the direct supervision of a dentist licensed 6
in this state [,] who is an instructor of the institution at which they are 7
studying. 8
(7) [Nothing in ]This chapter shall not prohibit volunteer health practitioners providing 9
services under KRS 39A.350 to 39A.366. 10
(8) Violations of this chapter shall be heard in the Circu it Court of the county in which 11
the alleged offense occurred. 12
SECTION 12. A NEW SECTION OF KRS CHAPTER 313 IS CREATED TO 13
READ AS FOLLOWS: 14
(1) A person or entity shall not: 15
(a) Represent themselves by using the title dentist, dental specialist, dental 16
hygienist, or dental assistant unless licensed or registered under the 17
provisions of this chapter; 18
(b) Own, operate, offer to operate, or represent or advertise the operation of a 19
dental practice of any type unless licensed by or employing individuals 20
licensed by the board; or 21
(c) Employ a dentist, dental hygienist, or dental assistant unless that dentist, 22
dental hygienist, or dental assistant is licensed or registered under the 23
provisions of this chapter. 24
(2) In a clinical setting: 25
(a) A person or entity that is not licensed to practice dentistry under this 26
chapter shall not exercise control over: 27
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1. Clinical decision making; 1
2. Diagnosis or treatment planning; 2
3. Patient records; 3
4. The supervision of licensed dental personnel; or 4
5. The professional judgment of a licensed dentist; and 5
(b) A licensed dentist shall retain final authority and responsibility for all 6
clinical decisions affecting patient care. 7
(3) The clinical operations of a dental practice entity shall not be directly or 8
indirectly controlled by a person or entity that establishes reimbursement rates for 9
dental services. 10
(4) This section shall apply prospectively and ownership interests or contractual 11
arrangements lawfully in existence on the effective date of this Act shall not be: 12
(a) Impaired or invalidated; or 13
(b) Prohibited from future expansion or modification. 14
Section 13. KRS 313.080 is amended to read as follows: 15
(1) A[No] person or entity shall not [: 16
(a) Call or hold himself out as or use the title dentist, dental specialist, dental 17
hygienist, or dental assistant unless licensed or registered under the provisions 18
of this chapter; 19
(b) Operate, offer to operate, or represent or a dvertise the operation of a dental 20
practice of any type unless licensed by or employing individuals licensed by 21
the board; 22
(c) Employ a dentist, dental hygienist, or dental assistant unless that person is 23
licensed or registered under the provisions of this chapter; or 24
(d) ]maintain any license or certificate authorized by this chapter if convicted of, 25
having entered a guilty plea to, having entered an Alford plea to, or having 26
completed a diversion program for a Class A, B, or C felony offense on or 27
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after the date of initial licensure or registration. 1
(2) Persons licensed or registered by the board or who are applicants for licensure or 2
registration by the board shall be subject to disciplinary action by the board if they: 3
(a) While[If] licensed or registered by the board: 4
1. Violate: 5
a. Any provision of this chapter or any administrative regulation 6
promulgated by the board; or 7
b. KRS 304.39-215; or 8
2. Engage in conduct that is subject to the penalties under KRS 304.99 -9
060(4) or (5); 10
(b) Use fraud or deceit in obtaining or att empting to obtain a license or 11
registration from the board, or are granted a license upon mistake of a material 12
fact; 13
(c) While[If] licensed or registered by the board, [negligently ] act in a manner 14
inconsistent with the moral or ethical standards[practice] of the discipline for 15
which the person is licensed or registered; 16
(d) Are unable to practice a discipline regulated by the board with reasonable skill 17
or safety or are unfit or incompetent to practice a discipline regulated by the 18
board; 19
(e) Abuse, misus e, or misappropriate any drugs placed in the custody of the 20
licensee or certified person for administration, or for use of others, or those 21
drugs prescribed by the licensee; 22
(f) Falsify or fail to make essential entries on essential records; 23
(g) Are convicted of a misdemeanor which involved acts which bear directly on 24
the qualifications or ability of the applicant, licensee, or certified person to 25
practice the discipline for which the person is an applicant, licensee, or 26
certified person, if in accordance with KRS Chapter 335B; 27
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(h) Are convicted of a misdemeanor which involved fraud, deceit, breach of trust, 1
or physical harm or endangerment to self or others, acts which bear directly 2
on the qualifications or ability of the applicant, licensee, or certificate holder 3
to practice acts in the license or registration held or sought, if in accordance 4
with KRS Chapter 335B; 5
(i) Are convicted of a misdemeanor offense under KRS Chapter 510 involving a 6
patient; 7
(j) Have had a license or certificate to practice as a den tist, dental hygienist, or 8
dental assistant denied, limited, suspended, probated, revoked, or otherwise 9
disciplined in Kentucky or in another jurisdiction on grounds sufficient to 10
cause a license to be denied, limited, suspended, probated, revoked, or 11
otherwise disciplined in this Commonwealth; 12
(k) Have a license or registration to practice any activity regulated by the board 13
denied, limited, suspended, probated, revoked, or otherwise disciplined in 14
another jurisdiction on grounds sufficient to cause a lice nse or registration to 15
be denied, limited, suspended, probated, revoked, or otherwise disciplined in 16
this Commonwealth; 17
(l) Violate any lawful order or directive previously entered by the board; 18
(m) Have been listed on the National Practitioner Databank wi th a substantiated 19
finding of abuse, neglect, or misappropriation of property; 20
(n) Fail to notify the board in writing of any change in the person's name, 21
residential address, employment address, preferred mailing address, or 22
telephone number within thirty (30) days of the change; 23
(o) Fail to comply with KRS 422.317 regarding patient records; or 24
(p) Fail to report to the board any negative outcome related to dental treatment 25
involving intravenous or conscious sedation beyond anxiety control that 26
requires hospital admission. 27
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(4)[(3)] A person who violates subsection (1)(a), (b), (c), or (d) of this section shall be 1
guilty of a Class B misdemeanor for a first offense and a Class A misdemeanor for 2
each subsequent offense. The board shall consider each individua l count of a 3
violation as a separate and subsequent offense. 4
(5)[(4)] The provisions of this section shall not preclude prosecution for the unlawful 5
practice of dentistry by an agency of the Commonwealth. 6
(6)[(5)] The filing of criminal charges or a crimin al conviction for violation of the 7
provisions of this chapter or the administrative regulations promulgated by the 8
board in accordance with KRS Chapter 13A [thereunder] shall not preclude the 9
Office of the Board from instituting or imposing board disciplina ry action 10
authorized by this chapter against any person or organization violating this chapter 11
or the administrative regulations promulgated by the board in accordance with 12
KRS Chapter 13A[thereunder]. 13
(7)[(6)] The institution or imposition of disciplinary action by the Office of the Board 14
against any person or organization violating the provisions of this chapter or the 15
administrative regulations promulgated thereunder shall not preclude the filing of 16
criminal charges against or a criminal conviction of an y person or organization for 17
violation of the provisions of this chapter or the administrative regulations 18
promulgated by the board in accordance with KRS Chapter 13A[thereunder]. 19
Section 14. KRS 313.090 is amended to read as follows: 20
(1) In accordance with the provisions of KRS Chapter 13B, all discipline for which the 21
board is authorized to conduct investigations, hold hearings, and impose 22
punishments is delegated to the executive directo r, board attorney, and hearing 23
panel as provided in this section. 24
(2) Any person may make a complaint to the executive director that a dentist, dental 25
hygienist, dental assistant, or other person licensed or registered by the board has 26
violated a provision of this chapter, an administrative regulation promulgated by the 27
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board in accordance with KRS Chapter 13A [ pursuant to this chapter] , a practice 1
standard, or an order of the board. 2
(3) Each complaint shall: 3
(a) Be in writing; 4
(b) Identify specifically the person or organization against whom the complaint is 5
made; 6
(c) Set forth the facts relating to the violation alleged and any other supporting 7
information which may have a bearing on the matter; 8
(d) Contain the name, address, telephone number, facsimile number, and email[e-9
mail] address, if available, of the complainant; and 10
(e) Be signed by the complainant as the truth of the statements contained in the 11
complaint by the complainant. 12
(4) A complaint which is unsigned shall not be acted upon by the executive director 13
unless the complaint involves a violation of standards set forth by the Centers for 14
Disease Control or alleged mental or physical impairment as provided for in KRS 15
313.130. A complaint which is not signed in the manner specified in subsection (3) 16
of this section shall be returned to the complainant for completion. 17
(5) The executive director of the board may, on behalf of the board, based on 18
knowledge available to the Office of the Board, make a complaint against any 19
person or organization regulate d by the board in the same manner as provided in 20
subsection (3) of this section. 21
(6) Upon receipt of a properly completed complaint, the executive director shall assign 22
the complaint to a staff investigator who shall investigate the complaint and shall 23
make findings of fact and recommendations to the executive director who shall then 24
convene a meeting of the Law Enforcement Committee. 25
(7) The staff investigator shall notify the person or organization against whom the 26
complaint has been filed and shall notif y the employer of the dentist, dental 27
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hygienist, or dental assistant of the complaint. 1
(8) The notification shall name the person or organization complained against, the 2
complainant, the violations alleged, and the facts presented in the complaint and 3
shall notify the person or organization complained against and the employer of: 4
(a) The fact that the complaint shall be answered, the steps for answering the 5
complaint, and the action to be taken if the complaint is not answered; 6
(b) The timeframe and steps in the proceedings of a complaint; 7
(c) The rights of the parties, including the right to counsel; and 8
(d) The right to testify at any hearing. 9
(9) Upon the failure of a licensee or certificate holder to respond to a written accusation 10
or to request a hearin g within twenty (20) days after the sending of the accusation, 11
the accused shall be considered to have admitted the truth of the facts and the 12
circumstances in the allegation and appropriate discipline may be imposed. 13
(10) After reviewing the complaint and results of any investigation conducted on behalf 14
of the board, the Law Enforcement Committee shall consider whether the 15
accusation is sufficient to remand the matter for a hearing as provided in this 16
section and KRS Chapter 13B. A majority vote of the mem bers of the Law 17
Enforcement Committee shall be necessary for action to [either ]remand the matter 18
for hearing, offer a settlement, or dismiss the complaint without a hearing. 19
(11) If the Law Enforcement Committee dismisses the complaint, all parties notified 20
previously shall be notified of the action. If the Law Enforcement Committee 21
remands the matter for a hearing, all parties notified previously shall be notified of 22
the action. 23
(12) Each proceeding to consider the imposition of a penalty which the board is 24
authorized to impose pursuant to this chapter shall be conducted in accordance with 25
KRS Chapter 13B. 26
(13) A hearing panel for purposes of making a decision in any disciplinary m atter shall 27
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consist of a quorum of the remaining seven (7) voting members of the board who 1
are not on the Law Enforcement Committee and the hearing officer. 2
(14) The board may issue subpoenas to compel the attendance of witnesses and the 3
production of documents in the conduct of an investigation. The subpoenas may be 4
enforced by any Circuit Court for contempt. Any order or subpoena of the court 5
requiring the attendance and testimony of witnesses and the production of 6
documentary evidence may be enforced and shall be valid anywhere in this state. 7
(15) At all hearings the board attorney or, on request of the board, the Attorney General 8
of this state or one (1) of the assistant attorneys general designated, shall appear and 9
represent the board. 10
(16) The dentist, dental hygienist, or dental assistant who is the defendant in a hearing 11
shall be a party to the action and may appear and testify in the matter at any 12
deposition or hearing on the matter and may propose conclusions of law, findings of 13
fact, and penalties to the hearing panel. 14
(17) To make a finding or impose discipline, a majority of the members of the hearing 15
panel who are not the hearing officer shall agree on the finding or discipline. 16
(18) The final order in any disciplinary proceeding shall be prepar ed by the hearing 17
officer and sent to all parties in the manner prescribed by law. 18
(19) Any person or entity aggrieved by a final order of the board may appeal the final 19
order to the Circuit Court of the county in which the person or entity resides in 20
accordance with KRS Chapter 13B. 21
(20) Upon final disposition of a complaint which results in disciplinary action, the final 22
order shall be published on the website[Web site] of the board, placed in the record 23
of the licensed or registered individual, and reported to the National Practitioner 24
Database. 25
Section 15. KRS 313.130 is amended to read as follows: 26
(1) If the Law Enforcement Committee has reasonable cause to believe any licensee or 27
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certificate holder or any applicant for licensure or registration by examination, 1
reinstatement, credentials, or change of st atus is unable to practice with reasonable 2
skill or safety or has abused alcohol or drugs, it may require such person to submit 3
to a mental or physical examination by a physician or psychologist it designates. 4
Upon the failure of the person to submit to a mental or physical examination, unless 5
due to circumstances beyond the person's control, the Law Enforcement Committee 6
may initiate an action for immediate temporary suspension pursuant to this chapter 7
or deny the application until the person submits to th e required examination. The 8
Law Enforcement Committee may issue an immediate and temporary suspension 9
from the time of the examination until the hearing. 10
(2) Every licensee or certificate holder or applicant for licensure or registration by 11
examination, reinstatement, credentials, or change of status shall be deemed to have 12
given consent to submit to an examination when so directed in writing by the board. 13
The direction to submit to an examination shall contain the basis of the Office of 14
the Board's reasona ble cause to believe that the person is unable to practice with 15
reasonable skill or safety [,] or has abused alcohol or drugs. The person shall be 16
deemed to have waived all objections to the admissibility of the examining 17
physician's or psychologist's testi mony or examination reports on the ground of 18
privileged communication. 19
(3) The licensee or certificate holder or applicant for licensure or registration by 20
examination, reinstatement, credentials, or change of status shall bear the cost of 21
any mental or physical examination ordered by the Office of the Board. 22
(4) The board shall establish a committee for individuals licensed or registered by the 23
board, to be designated as the Well -being Committee, to promote the early 24
identification, intervention, treatment , and rehabilitation of individuals licensed or 25
registered who may be impaired by reasons of illness, alcohol or drug abuse, or as a 26
result of any physical or mental condition. The board may enter into [a ]contractual 27
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agreements[agreement with a nonprofit corporation or a dental association] for the 1
purpose of creating, supporting, and maintaining the Well -being Committee. The 2
board may promulgate administrative regulations in accordance with KRS Chapter 3
13A to effectuate and implement the committee and may expend any funds it deems 4
necessary to adequately provide for operational expenses of the committee. Any 5
member of the Well -being Committee, as well as any administrator, staff member, 6
consultant, agent, or employee of the committee acting within the scop e of their 7
duties and without actual malice, and all other persons who furnish information to 8
the committee in good faith and without actual malice, shall not be liable for any 9
claim of damages as a result of any statement, decision, opinion, investigation , or 10
action taken by the committee[,] or by any individual member of the committee. 11
(5) All information, interviews, reports, statements, memoranda, or other documents 12
furnished to or produced by the Well -being Committee, as well as communications 13
to or fr om the committee, and any findings, conclusions, interventions, treatment, 14
rehabilitation, or other proceedings of the committee related[which in any way 15
pertain] to an individual licensed or registered who may be, or who actually is, 16
impaired shall be privileged and confidential. 17
(6) All records and proceedings of the Well -being Committee which pertain or refer to 18
an individual licensed or registered who may be, or who actually is, impaired shall 19
be privileged and confidential and shall be used by the comm ittee and its members 20
only in the exercise of the proper function of the committee and shall not be 21
considered public records and shall be subject to court subpoena and subject to 22
discovery or introduction as evidence in any civil, criminal, or administrat ive 23
proceedings except as described in subsection (4) of this section. 24
(7) The Well -being Committee may disclose information relative to an impaired 25
licensee or certificate holder [only ]when: 26
(a) It is essential to disclose the information to further the intervention, treatment, 27
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or rehabilitation needs of the impaired individual, and only to those persons or 1
organizations with a need to know; 2
(b) Its release is authorized in writing by the impaired individual; 3
(c) The committee is required to make a report to the board; or 4
(d) The information is subject to court order. 5
(8) Notwithstanding subsections (5) and (6) of this section, the board may publicly 6
disclose the basis of a disciplinary action provided that the board does not 7
disclose information furnished to or produced by the Well-being Committee. 8
Section 16. KRS 313.550 is amended to read as follows: 9
(1) A dental laboratory operating or doing business in Kentucky shall employ at least 10
one (1) of the following: 11
(a) A ce rtified dental technician who shall supervise all work performed in 12
accordance with a written laboratory procedure work order issued by a dentist 13
licensed pursuant to this chapter; or 14
(b) A dentist licensed under[pursuant] to this chapter. 15
(2) A[No] dentist shall not use the services of any dental laboratory to construct, alter, 16
repair, or duplicate any denture, plate, bridge, splint, orthodontic, or prosthetic 17
appliance, without first furnishing the commercial dental laboratory a written 18
procedure work ord er. Both the commercial dental laboratory and the dentist 19
producing the work order shall keep a copy on file for two (2) years, and all 20
laboratory procedure work orders required by this subsection shall be open to 21
inspection by the board. 22
(3) A dental labo ratory that employs or contracts with a dentist licensed 23
under[according to] this chapter may construct, alter, repair, or duplicate any 24
denture, plate, bridge, splint, orthodontic, or prosthetic appliance without a work 25
order from a referring dentist if t he patient is seen , [or ] evaluated, or has his or 26
her[whose] care[ is] supervised by the referring dentist. 27
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SECTION 17. A NEW SECTION OF KRS C HAPTER 313 IS CREATED TO 1
READ AS FOLLOWS: 2
KRS Chapter 313 may be cited as the Kentucky Dental Practice Act. 3
Section 18. KRS 304.17C-085 is amended to read as follows: 4
(1) As used in this section: 5
(a) "Contractual discount" means a percentage reduction from a provider's usual 6
and customary rate for covered services [and material ] required under a 7
participating provider agreement; and 8
(b) "Covered services": 9
1. Means services and materials for which: 10
a.[1.] Reimbursement from a plan is provided by the enrollee's plan 11
contract; or 12
b.[2.] Reimbursement would be available but for the application of the 13
enrollee's contractual limitations of deductibles, copayments, 14
coinsurance, or frequency limitations; and 15
2. Does not include services and materials for which reimbursement 16
would be available but for the application of the enrollee's contractual 17
limitation of an annual maximum benefit. 18
(2) A participating provider agre ement shall not require a participating provider to 19
provide services to an enrollee at a fee set by or subject to the approval of the 20
limited health service benefit plan unless the services are covered services under the 21
participating provider agreement. 22
(3) A provider shall not charge more for services and materials that are noncovered 23
services under a limited health service benefit plan than the provider's rate for the 24
services and materials. 25
(4) The amount of a contractual discount shall not result in a fee that is less than the 26
limited health service benefit plan would pay for covered services but for the 27
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application an enrollee's contractual limitations of deductibles, copayments, 1
coinsurance, or frequency limitations. 2
(5) Reimbursement paid by the limited health service benefit plan for covered services: 3
(a) Shall be reasonable; and 4
(b) Shall not provide nominal reimbursement in order to claim that services and 5
materials are covered services. 6
(6) The provisions of this section shall not be waived by con tract. Any contractual 7
arrangement in conflict with this section or that purports to waive any 8
requirement of this section shall be void. 9
Section 19. Section 18 of this Act applies to contracts issued or renewed on or 10
after the effective date of Section 18 of this Act. 11
Section 20. Whereas it is critical to ensure that the practice of dentistry is 12
professional, safe, and protected for the well -being of the citizens of the Commonwealth, 13
an emergency is declared to exist, and Sections 1 to 17 of this Act take effect upon its 14
passage and approval by the Governor or upon its otherwise becoming a law. 15