Denturists-2.

2016
STATE OF WYOMING
16LSO-0391
Introduced
1.3

HOUSE BILL

NO.
HB0144

Denturists-2.

Sponsored by:
Representative(s) Winters and Senator(s) Geis

A BILL

for

AN ACT relating to professions and occupations; providing licensing, examinations, penalties and other regulations of denturists; providing definitions; granting rulemaking authority; repealing a prohibition against soliciting denturism, orthodontic and dental services; and providing for an effective date.

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

Section 1
.

W.S. 33
‑
15
‑
134 through 33
‑
15
‑
1
4
1
are created to read:

33
‑
15
‑
134
.

Denturist qualifications
; licensure
.

(a)

No person shall represent himself to be 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 under W.S. 33
‑
15
‑
115.

(b)

The board shall promulgate reasonable rules and regulations for the licensure of denturists and the practice of denturism, and may prescribe continuing education requirements for renewal certificates and relicensure.

33
‑
15
‑
13
5
.

Denturism l
icensing;
r
eciprocity.

(a)

The board shall issue a license

to a person graduating from a formal denturism program if the person:

(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)

Documents successful completion of special training in oral pathology prescribed by the board, whether
as part of an approved associate degree program or equivalent training;

(i
i
i)

Passes a written and clinical examination approved by the board;

(iv
)

Submits a completed application in the form and containing all information prescribed by the board; and

(
v)

Pays all applicable fees.

(b)

The board shall issue a license without examination to practice denturism to a person currently licensed to practice denturism under statutory provisions of another state, territory of the
United States
,
District of Columbia
or Puerto Rico if the person submits to the board:

(i)

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 which 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;

(ii)

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

(iii)

A completed application in the form and containing all information prescribed by the board; and

(iv)

Payment of all applicable fees.

33
‑
15
‑
13
6
.

Denturist e
xaminations.

(a)

The board shall administer the examinations for licensing denturists under this a
ct
, 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 not later than January 1, 2017;

(iv)

The written examination shall cover at least 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;

(J)

Medical emergencies;

(K)

Cardiopulmonary resuscitation; and

(M)

Gerontology.

(b)

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

(
c
)

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

(
d
)

The examination fee shall be paid to the secretary of the board before examination, and in no case shall the fee be refunded.

33
‑
15
‑
13
7
.

Denturism license content.

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

33
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15
‑
1
3
8
.

Grounds and procedure for revocation or suspension of denturism license.

(a)

The board may refuse to issue or renew, or may suspend or revoke, the license of any denturist for any of the following causes:

(i)

Conviction of, entry of a plea of nolo contendere to or entry of a deferred prosecution agreement pursuant to W.S. 7
‑
13
‑
301 to a felony or misdemeanor that relates adversely to the practice of denturism or the ability to practice denturism;

(ii)

Renting or loaning to any person his license or diploma to be used as a license or diploma for the person to engage in the practice of denturism;

(iii)

Unprofessional conduct, as defined in rules and regulations of the board;

(iv
)

Advertising or soliciting patients, in any form of communication, in a manner that is false or misleading in any material respect;

(v)

Renting or loaning to another person the
denturist
's license or diploma to be used as a license or diploma for the other person;

(v
i
)

Being unfit or incompetent to practice
denturism
for any reason, including but not limited to:

(A)

Inability to practice
denturism
with reasonable skill and safety because of physical or mental disability or the use of alcohol, prescription drugs, nonprescription drugs or other psychoactive substance; or

(B)

Performance of unsafe
denturism
practice or failure to conform to the standards of acceptable professional
denturism
practice, whether or not actual injury results.

(vi
i
)

Professional discipline by a professional licensing board in any jurisdiction;

(vii
i
)

Fraud, deceit or misrepresentation in providing any information or record to the board; or

(ix
)

For willful violation of any provision of this act or rules and regulations of the board.

(b)

All proceedings by the board pursuant to subsection (a) of this section shall be as set forth in W.S. 33
‑
15
‑
112(b) for the revocation or suspension of a dentist's license.

(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
‑
1
39
.

Renewal license for denturists
.

(a)

On or before December 31
of
each year, each denturist licensed to practice denturism in this state and wishing to continue in the practice of denturism shall submit a license renewal application with the applicable renewal fee. Any license granted by the board shall be cancelled after ten (10) days notice by registered mail if the holder fails to secure the renewal certificate within three (3) months after December 31 each year.

(b)

Beginning January 1, 2022, any denturist whose application for renewal indicates that he has not actively practiced denturism or engaged in teaching denturism for any of the preceding five (5) years shall be issued a renewal license by the board only upon notice to the applicant and after a hearing, wherein the applicant shall have demonstrated to the board that he has maintained the qualifications set forth in this
act
. 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 under this
act
.

33
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15
‑
140
.

Required examination of patient; referral; penalties.

(a)

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

(b)

If the examination under subsection (a) of this section 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 under subsection (a) of this section reveals the need for tissue or teeth modification 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 penalties provided under W.S. 33
‑
15
‑
124.

33
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15
‑
141
.

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.

Section
2
.

W.S.
33
‑
15
‑
110,
33
‑
15
‑
111, 33
‑
15
‑
115(a)(ii) through (iv) and by creating a new paragraph (v), 33
‑
15
‑
124, 33
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15
‑
128(a)
(xvii) and
by creating new paragraphs (xviii) through (xx)

and 33
‑
15
‑
133(a) are amended to read:

33
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15
‑
110
.

Certificate entitles dentist or denturist to practice in any county; lost certificates.

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

33
‑
15
‑
111
.

List of licensees filed with board office.

The board shall annually publish a list of all dentists
, denturists
and dental hygienists licensed under this act. The list shall contain the name and address of each dentist
, denturist
and dental hygienist and such other information as the board deems advisable. The board office shall furnish copies to the public upon request or by access to the board's website.

33
‑
15
‑
115
.

Persons to whom chapter inapplicable.

(a)

Nothing in this act contained applies:

(ii)

To a legally qualified dental hygienist
, denturist
or dentist engaged in full
‑
time duties with the United States armed forces, public health service, veterans administration or other federal agencies;

(iii)

To a legally qualified dental hygienist
, denturist
or dentist of another state making a clinical demonstration before a meeting of dentists
, denturists
or dental auxiliaries;
or

(iv)

To dental and dental hygiene students actively enrolled in any American Dental Association accredited dental educational program performing services as a part of the curriculum of that program under the direct supervision of a Wyoming licensed dentist or Wyoming licensed dental hygienist instructor
;
.

or

(v)

To denturist students actively enrolled in any educational institution approved by the board and pursuing a major course of study in denturism.

33
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15
‑
124
.

Violations.

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

33
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15
‑
128
.

Definitions.

(a)

As used in this act:

(xvii)

"This act" means W.S. 33
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15
‑
101 through
33
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15
‑
133
33
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15
‑
141

and may be cited as the "Wyoming Dental Practice Act".

(xviii)

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

(xix)

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

(xx)

"Practice of denturism" means:

(A)

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

(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.

33
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15
‑
133
.

Temporary educator’s license.

(a)

A temporary license may be issued to any dentist
, denturist
or dental hygienist who has applied for licensure and who exhibits good standing in another jurisdiction of the United States or Canada and has qualified for the requirements to be employed as an instructor at a dental hygiene school

or in a denturism program
.

Section 3
.

W.S. 33
‑
15
‑
116 is repealed.

Section 4
.

This
act is effective July 1,
201
6
.

(END)

1
HB0144