Denturists.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0443

HOUSE BILL
NO.
HB0184

Denturists.

Sponsored by:
Representative(s) Quarberg and Senator(s) Geis and Scott

A BILL

for

AN ACT relating to the licensure of denturists; requiring the board of dental examiners to regulate denturists; regulating the practice of denturism; providing for licensing, fees, examinations and other regulation of denturists;
repealing prohibition on soliciting for denturism services; making conf
orming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1

W.S. 33
‑
15
‑
201 through 33
‑
15
‑
216 are created to read:

CHAPTER 15
DENTISTS, DENTAL HYGIENISTS AND DENTURISTS

ARTICLE 2
DENTURISTS

33
‑
15
‑
201.

Definitions.

(a)

As used in this article:

(i)

"Board" means the
Wyoming
board of dental examiners
;

(ii)

"Denture" means a removable full or partial upper or lower dental appliance to be worn in the mouth to replace the missing natural teeth
;

(iii)

"Denturist" means a person licensed under this
article
to engage in the practice of denturism
;

(iv)

"Practice of denturism" means:

(A)

Making, placing, constructing, altering, reproducing or repairing a denture; and

(B)

Taking impressions and furnishing or supplying a denture directly to a person or advising the use of a denture and maintaining a facility for the same.

(
b
)

This article may be cited as the "Wyoming Denture Practice Act".

33
‑
15
‑
202.

Denturists;

generally.

(a)

Before making and fitting a denture, a denturist shall examine the patient's oral cavity.

(b)

If the examination gives the denturist reasonable cause to believe that there is an abnormality or disease process that requires medical or dental treatment, the denturist shall immediately refer the patient to a dentist or physician. In such cases, the denturist shall take no further action to manufacture or place a denture until the patient has been examined by a dentist or physician and the dentist or physician gives written clearance that the denture will pose no threat to the patient's health
.

(c)

If the examination reveals the need for tissue or teeth modification in order to assure proper fit of a full or partial denture, the denturist shall refer the patient to a dentist and assure that the modification has been completed before taking an impression for the completion of the denture.

(d)

Any denturist who makes or places a denture in a manner not consistent with this section is subject to the sanctions provided under this article.

(e)

A denturist shall successfully complete special training in oral pathology prescribed by the board, whether as part of an approved associates degree program or equivalent training, and pass an examination prescribed by the board, which may be a part of the examination for licensure to become a licensed denturist.

33
‑
15
‑
203.

Qualifications.

No person may represent himself as a licensed denturist or use any title or description of
denturism
services without applying for licensure, meeting the required qualifications and being licensed as a denturist by the board, unless otherwise exempted by this article.

33
‑
15
‑
204.

Exemptions.

(a)

Nothing in this article prohibits or restricts:

(i)

The practice of a profession by an individual who is licensed, certified or registered under other laws of this state and who is performing services within the authorized scope of practice;

(ii)

The practice of denturism by an individual employed by the government of the United States while the individual is engaged in the performance of duties prescribed by the laws and regulations of the United States;

(iii)

The practice of denturism by students enrolled in a school approved by the board. The performance of services shall be pursuant to a course of instruction or an assignment from an instructor and under the supervision of an instructor; or

(iv)

Work performed by dental labs and dental technicians under the written prescription of a dentist.

33
‑
15
‑
205.

Determination of fees.

The board shall determine each year the fees to be collected for examinations, reexaminations and renewals.

33
‑
15
‑
206.

Reciprocity; licensing.

(a)

The board shall issue a license to practice denturism to an applicant who submits a completed application, pays the appropriate fees, and meets the following requirements:

(i)

A person currently licensed to practice denturism under statutory provisions of another state, territory of the
United States
,
District of Columbia
, or
Puerto Rico
, with substantially equivalent licensing standards to this
article
applicable to denturism shall be licensed without examination upon providing the department with the following:

(A)

Proof of successfully passing a written and clinical examination for denturism in a state, territory of the United States, District of Columbia, or Puerto Rico, that the board has determined has substantially equivalent licensing standards as those in this
article
, including but not limited to both the written and clinical examination; and

(B)

An affidavit from the licensing agency where the person is licensed or certified attesting to the fact of the person's licensure or certification.

(b)

A person graduating from a formal denturism program shall be licensed if he:

(i)

Documents successful completion of formal training with a major course of study in denturism of not less than two (2) years in duration at an educational institution approved by the board;

(ii)

Passes a written and clinical examination approved by the board
; and

(iii)

Pays the appropriate fees.

33
‑
15
‑
207.

Examinations.

(a)

The board of dental examiners shall administer the examinations for licensing denturists under this article, subject to the following requirements:

(i)

Examinations shall determine the qualifications, fitness and ability of the applicant to practice denturism. The test shall include a written examination and a practical demonstration of skills;

(ii)

Examinations shall be held at least annually;

(iii)

The first examination shall be conducted no later than January 1, 2007;

(iv)

The written examination shall cover the following subjects:

(A)

Head and oral anatomy and physiology;

(B)

Oral pathology;

(C)

Partial denture construction and design;

(D)

Microbiology;

(E)

Clinical dental technology;

(F)

Dental laboratory technology;

(G)

Clinical jurisprudence;

(H)

Asepsis;

(I)

Medical emergencies; and

(J)

Cardiopulmonary resuscitation.

(v)

The applicant shall be informed in writing by certified mail of the results of his examination within thirty (30) days after the examination. An applicant who fails an examination may apply to the board for a reexamination at the next scheduled examination meeting. Application shall be made in writing and shall be accompanied by a fee as provided
;

(vi)

If the applicant fails the board examination three (3) times, he shall show evidence of additional education to the satisfaction of the board before he may be reexamined.

(b)

The board may hire trained persons licensed under this article to prepare, administer and grade the examinations or may contract with regional examiners who meet qualifications adopted by the board.

(c)

The examination fee shall be set by the board each year, and all reexamination fees shall be the same as the current fee for the initial examination. Fees shall be paid to the secretary of the board before examination. The fee shall be paid by money order, cashiers' check or certified check, and in no case shall the fee be refunded.
Fees shall be established in accordance with W.S. 33
‑
1
‑
201.

33
‑
15
‑
208.

License content.

(a)

The administrative procedures, administrative requirements and fees for denturism shall be determined by the board as provided for under this article.

(b)

The license shall contain, on its face, the address and addresses where the license holder will perform the denturist services.

33
‑
15
‑
209.

Renewal license certificate.

The board shall establish by rule the requirement for renewal of licenses to practice denturism, but shall not increase the licensure requirements provided
for denturism in this article.

33
‑
15
‑
210.

Grounds and procedure for revocation or suspension of license.

(a)

Any denturist may have his license revoked or suspended by the board for any of the following causes:

(i)

Conviction of a felony or high misdemeanor involving moral turpitude, in which case the record of conviction certified by the clerk or judge of the court in which the conviction is had is conclusive evidence;

(ii)

For renting or loaning to any person his license or diploma to be used as a license or diploma for such person;

(iii)

For unprofessional conduct, advertising or soliciting patients in any form of communication in a manner that is false or misleading in any material respect; or

(iv)

Willful violation of any provisions of this article.

(b)

The proceedings under this section may be taken by the board from matters within its knowledge or upon information from another. If the informant is a member of the board, the other members of the board shall take action on behalf of the board. All complaints shall be in writing, verified by a party familiar with the facts charged, and shall be filed with the secretary of the board. Upon receiving the complaint, the board, if it deems the complaint sufficient, shall proceed as in a contested case under the Wyoming Administrative Procedure Act. Upon revocation of any license, the fact shall be noted upon the records of the board and the license shall be marked revoked upon the date of its revocation. The secretary of the board, upon judgment of suspension or revocation being entered, shall transmit to the secretary of state a copy of the judgment order, certified by the secretary of the board, and the same shall be kept in the same manner as the list of licensed dentists.

(c)

Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a denturist license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

33
‑
15
‑
211.

Renewal license certificate.

(a)

On or before December 31 each year, each denturist licensed to practice denturism in this state, upon receipt of written notice, shall transmit to the secretary of the board his signature and address, together with a fee determined by the board and the number of his license, and receive therefor a renewal license certificate. Any license granted by the board shall be cancelled after ten (10) days written notice sent to the holder by registered mail if the holder fails to secure the renewal certificate within three (3) months after December 31 each year, but any license
so
cancelled may be restored by the board upon the payment of a fee as set by the board, if paid by December 31 of the year in which the license is cancelled.

(b)

Commencing July 15, 2011, any denturist whose application for renewal indicates that he has not actively practiced dentistry or engaged in teaching dentistry for the preceding five (5) years shall be issued a renewal certificate by the board only after a hearing and upon notice to the applicant, wherein the applicant demonstrates to the board that he has maintained the qualifications set forth in this article. No reexamination is required unless the board finds good cause to believe that the person has not maintained the professional ability and knowledge required of an original licensee of this article.

(c)

The board may set continuing education requirements for relicensure of denturists.

33
‑
15
‑
212.

Secretary of state's certificate that no license listed by board is prima facie proof of unauthorized practice.

In any prosecution for violation of any provision of
this article
the certificate of the secretary of state that the person accused of the violation of any of those provisions is not named in the list of denturist presented to him by the secretary of the board is prima facie proof that the person is not entitled to practice denturism in Wyoming.

33
‑
15
‑
213.

Partnerships with dentists.

Notwithstanding any other provision of state law, a licensed denturist may enter into a partnership or other business association with a dentist, provided that
the
association does not impede the independent professional judgment of either party.

33
‑
15
‑
214.

Violations.

Any person who practices denturism without being properly qualified and licensed, or who violates any provisions of this article is subject to a fine not to exceed one thousand dollars ($1,000.00), or imprisonment
for
not more than two (2) years, or both. Each separate violation of this article constitutes a separate offense.

33
‑
15
‑
215.

List of licensees filed with secretary of state.

A list of all denturists licensed under this article shall be published by the board each year. This list shall contain the name and address of each denturist and such other information as the board deems advisable. The board shall place a copy of the list on file in the office of the secretary of state who shall furnish copies to the public, upon request.

33
‑
15
‑
216.

Certificate entitles denturists to practice in any county; lost certificates.

The certificate provided for in this article entitles the holder to practice denturism, as applicable in any county in
Wyoming
. The board, upon satisfactory proof of loss of the certificate issued under this article, shall issue a new certificate. The cost of replacement shall be determined by the board and paid by the person requesting replacement.

Section 2.

W.S. 33
‑
15
‑
1
28(a)(xvii)
is amended to read:

33
‑
15
‑
128.

Definitions.

(a)

As used in this act:

(xvii)

"This act" means W.S. 33
‑
15
‑
101 through
33
‑
15
‑
131
33
‑
15
‑
216
and may be cited as the "Wyoming Dental Practice Act".

Section 3.

W.S. 33
‑
15
‑
116 is repealed.

Section 4.

This act is effective July 1, 2006.

(END)

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HB0184