Bill Text: OR HB2384 | 2011 | Regular Session | Introduced
Bill Title: Relating to the regulation of dental hygienists; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2384 Detail]
Download: Oregon-2011-HB2384-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } . LC 1718 House Bill 2384 Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Presession filed (at the request of House Interim Committee on Health Care) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Establishes Dental Hygiene Committee in Oregon Board of Dentistry. Directs committee to make recommendations to board on regulation of dental hygienists, and directs board to carry out recommendations except in certain circumstances. Declares emergency, effective on passage. A BILL FOR AN ACT Relating to the regulation of dental hygienists; creating new provisions; amending ORS 680.020, 680.040, 680.050, 680.060, 680.070, 680.072, 680.075, 680.082, 680.100, 680.150, 680.172, 680.200 and 680.205; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. { + Sections 2 and 3 of this 2011 Act are added to and made a part of ORS 680.010 to 680.205. + } SECTION 2. { + (1) The Dental Hygiene Committee is established in the Oregon Board of Dentistry. The committee consists of nine members appointed by the Governor. All members of the committee must be residents of this state. Of the members of the committee: (a) Four must be dental hygienists licensed under ORS 680.010 to 680.205, one of whom must be one of the dental hygienists serving on the board; (b) One must be a dentist licensed under ORS 679.060 to 679.180; and (c) Four must be members of the public. (2) The Governor may appoint the dental hygienist members of the committee from a list of names submitted by a statewide association of dental hygienists. (3) The Governor may appoint the dentist member of the committee from a list of names submitted by a statewide association of dentists. (4) In selecting the members of the committee, the Governor shall strive to balance the representation on the committee according to: (a) Geographic areas of this state; and (b) Ethnic group. (5) The term of office of each member is four years, but a member serves at the pleasure of the Governor. The terms must be staggered so that the term of one dental hygienist ends on July 1 of each year. A member is eligible for reappointment. If there is a vacancy in the membership of the committee for any reason, the Governor shall make an appointment to become immediately effective for the unexpired term. (6) A committee member shall be removed immediately from the committee if, during the member's term, the member: (a) Is not a resident of this state; (b) Has been absent from three consecutive committee meetings, unless at least one absence is excused; (c) Is not a licensed dental hygienist or a retired dental hygienist whose license was in good standing at the time of retirement, if the committee member was appointed to serve on the committee as a dental hygienist; or (d) Is not a licensed dentist or a retired dentist whose license was in good standing at the time of retirement, if the committee member was appointed to serve on the committee as a dentist. (7) The dental hygienist who is serving on the board shall chair the committee. (8) The committee shall meet at the call of the chair, at least four times a year and at least once every 120 days. (9) A majority of committee members, including three dental hygienists, constitutes a quorum. (10) Members of the committee are entitled to compensation and expenses as provided in ORS 292.495. The committee may provide by rule for compensation to committee members for the performance of official duties at a rate that is greater than the rate provided in ORS 292.495. + } SECTION 3. { + (1) The Dental Hygiene Committee shall make recommendations to the Oregon Board of Dentistry on: (a) The adoption of rules necessary to enforce the provisions of ORS 680.010 to 680.205; (b) The issuance, denial, renewal, suspension and revocation of licenses and permits to practice dental hygiene; (c) The examination of applicants for licenses to practice dental hygiene; and (d) The discipline of dental hygienists. (2) The board shall carry out the recommendations of the committee unless the board determines that a recommendation: (a) Is outside of the jurisdiction of the committee; (b) Would impose an undue financial burden on the board; or (c) Is not supported by the record. + } SECTION 4. ORS 680.020 is amended to read: 680.020. (1) { - It is unlawful for any - } { + A + } person not otherwise authorized by law to practice dental hygiene { + may not practice dental hygiene + } or purport to be a dental hygienist without a valid license to practice dental hygiene issued by the Oregon Board of Dentistry. (2) The requirements of this section do not apply to: (a) Dental hygienists licensed in another state making a clinical presentation sponsored by a bona fide dental or dental hygiene society or association or an accredited dental or dental hygiene education program approved by the board { + , adopted after consultation with the Dental Hygiene Committee as provided in section 3 of this 2011 Act + }. (b) Bona fide students of dental hygiene who engage in clinical studies during the period of their enrollment and as a part of the course of study in an Oregon dental hygiene education program. The program must be accredited by the Commission on Dental Accreditation of the American Dental Association, or its successor agency, if any, and approved by the board { + in consultation with the committee as provided in section 3 of this 2011 Act + }. The clinical study may be conducted on the premises of the program or in a clinical setting located off the premises. The facility, the instructional staff, and the course of study at the off-premises location must meet minimum requirements prescribed by the rules of the board { + , adopted after consultation with the committee as provided in section 3 of this 2011 Act + }, and the clinical study at the off-premises location must be performed under the direct supervision of a member of the faculty. (c) Bona fide students of dental hygiene who engage in community-based or clinical studies as an elective or required rotation in a clinical setting located in Oregon during the period of their enrollment and as a part of the course of study in a dental hygiene education program located outside of Oregon. The program must be accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency. The community-based or clinical studies must: (A) Meet minimum requirements prescribed by the rules of the board { + , adopted after consultation with the committee as provided in section 3 of this 2011 Act + }; and (B) Be performed under the direct supervision of a member of the faculty of the Oregon Health and Science University School of Dentistry or another Oregon institution with an accredited dental hygiene education program approved by the board { + in consultation with the committee as provided in section 3 of this 2011 Act + }. (d) Students of dental hygiene or graduates of dental hygiene programs who engage in clinical studies as part of a course of study or continuing education course offered by an institution with a dental or dental hygiene program. The program must be accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency. (e) Candidates who are preparing for licensure examination to practice dental hygiene and whose application has been accepted by the board or its agent, if such clinical preparation is conducted in a clinic located on premises approved for that purpose by the board and if the procedures are limited to examination only. (f) Dental hygienists practicing in the discharge of official duties as employees of the United States Government and any of its agencies. (g) Instructors of dental hygiene, whether full- or part-time, while exclusively engaged in teaching activities and while employed in accredited dental hygiene educational programs. (h) Dental hygienists employed by public health agencies who are not engaged in direct delivery of clinical dental hygiene services to patients. (i) Counselors and health assistants who have been trained in the application of fluoride varnishes to the teeth of children and who apply fluoride varnishes only to the teeth of children enrolled in or receiving services from the Women, Infants and Children Program, the Oregon prekindergarten program or a federal Head Start grant program. SECTION 5. ORS 680.040 is amended to read: 680.040. (1) An applicant for a dental hygiene license shall be entitled to take the examination to practice dental hygiene in Oregon if the applicant: (a) Is 18 years of age or older; and (b) Is a graduate of a dental hygiene program accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency, if any, which must have been approved by the Oregon Board of Dentistry { + in consultation with the Dental Hygiene Committee as provided in section 3 of this 2011 Act + }. (2) { + A + } foreign trained { - graduates - } { + graduate + } of { + a + } dental hygiene { - programs - } { + program + } may apply for the dental hygiene licensure examination { - , providing - } { + if + } the applicant meets the board's requirements, { + established + } by rule { - , as will - } { + adopted after consultation with the committee as provided in section 3 of this 2011 Act. The requirements established under this subsection must + } reasonably { - assure - } { + ensure + } that an applicant's training and education are sufficient for licensure. SECTION 6. ORS 680.050 is amended to read: 680.050. (1) Any person desiring to practice dental hygiene in this state shall file an application with the Oregon Board of Dentistry. (2) At the time of making application, the applicant shall: (a) Pay to the board the required application and examination fee. (b) Furnish the board with evidence satisfactory to the board of details of any convictions recorded in any police records. Such details are subject to the findings required by ORS 670.280. (c) Present to the board a diploma or evidence satisfactory to the board of having graduated from an accredited dental hygiene program approved by the board { + in consultation with the Dental Hygiene Committee as provided in section 3 of this 2011 Act + }. (3) If an applicant has been in practice in another state or states { + , + } the applicant shall furnish an affidavit from the board of dental examiners or similar body of such state or states that the applicant has been engaged in the legal practice of dental hygiene in such state or states for a period of time prescribed by the rules of the Oregon Board of Dentistry { + adopted after consultation with the committee as provided in section 3 of this 2011 Act + }. { + (4) The board shall forward the application to the committee for the committee's recommendation. + } { - (4) - } { + (5) + } The board { + , in consultation with the committee as provided in section 3 of this 2011 Act, + } may refuse to issue a license to or renew a license of an applicant who has been convicted of a violation of law if the board makes the findings required by ORS 670.280. A certified copy of the record of conviction is conclusive evidence of conviction. { - (5) - } { + (6) + } The board may refuse to issue a license to or renew a license of an applicant who has been disciplined by a state licensing or regulatory agency of this { + state + } or another state regarding any health care profession when, in the judgment of the board { + in consultation with the committee as provided in section 3 of this 2011 Act + }, the acts or conduct resulting in the disciplinary action bears a demonstrable relationship to the ability of the licensee or applicant to practice dental hygiene in accordance with the provisions of ORS 680.010 to 680.205. A certified copy of the record of the disciplinary action is conclusive evidence of the disciplinary action. { - (6) - } { + (7) + } The board { + , in consultation with the committee as provided in section 3 of this 2011 Act, + } may refuse to issue a license to or renew a license of an applicant who has falsified a license application, or any person for any cause described under ORS 679.140 or 679.170. { - (7) - } { + (8) + } Fees paid are not refundable. SECTION 7. ORS 680.060 is amended to read: 680.060. (1) The Oregon Board of Dentistry { + , in consultation with the Dental Hygiene Committee as provided in section 3 of this 2011 Act, + } may administer written, laboratory or clinical examinations to test professional knowledge and skills. (2) The examination { - shall - } { + must + } be sufficiently thorough to test the fitness of the applicant to practice dental hygiene. { - It shall include, - } { + The examination must be + } written in the English language { - , - } { + and include + } questions on any subjects pertaining to dental hygiene. The written examination may be supplemented by oral examination. Demonstrations of the applicant's skill in clinical dental hygiene also may be required. (3) The board may accept the results of national standardized examinations in satisfaction of the written examination as authorized by this section, and shall accept the results of regional testing agencies or of clinical board examinations administered by other states in satisfaction of the clinical examination authorized under this section, provided: (a) The test or examination was taken within five years of the date of application; and (b) The applicant received a passing score on the test or examination as established by the board by rule. (4) The board shall accept the results of regional testing agencies or of clinical board examinations administered by other states in satisfaction of the examinations authorized under this section for applicants who have engaged in the active practice of dental hygiene in Oregon, other states, the Armed Forces of the United States, the United States Public Health Service or the United States Department of Veterans Affairs for a period of at least 3,500 hours in the five years immediately preceding application and who meet all other requirements for licensure. SECTION 8. ORS 680.070 is amended to read: 680.070. The Oregon Board of Dentistry { + , in consultation with the Dental Hygiene Committee as provided in section 3 of this 2011 Act, + } may adopt rules requiring additional education and examination of applicants who have failed the licensing examination three times. SECTION 9. ORS 680.072 is amended to read: 680.072. The Oregon Board of Dentistry shall, { - upon the applicant's satisfactory completion of - } { + in consultation with the Dental Hygiene Committee as provided in section 3 of this 2011 Act, issue or renew a dental hygiene license to an applicant who has: (1) Completed + } the educational requirements and written, laboratory and clinical examinations authorized under ORS 680.060 { - and upon receipt of the requisite fees, issue or renew the appropriate dental hygiene license. - } { + ; and (2) Paid the required fees. + } SECTION 10. ORS 680.075 is amended to read: 680.075. (1) The Oregon Board of Dentistry { + , in consultation with the Dental Hygiene Committee as provided in section 3 of this 2011 Act, + } may impose application fees for the following: (a) Examinations; (b) Biennial dental hygiene license, active; (c) Biennial dental hygiene license, inactive; (d) Permits and certificates; and (e) Delinquency. (2) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees and charges, the fees and charges established under this section and ORS chapter 679 shall not exceed the costs of administering the regulatory program of the { + Oregon + } Board { + of Dentistry + } as authorized by the Legislative Assembly within the board budget, as the budget may be modified by the Emergency Board. (3)(a) The { + Oregon + } Board { + of Dentistry + } may waive the payment of the license fee in the case of any licensee who furnishes satisfactory evidence that the licensee has discontinued the actual practice of dental hygiene because of retirement. (b) Application to reinstate a license retired under paragraph (a) of this subsection or to convert an inactive status license to an active status license shall be made in accordance with the rules of the board { + , adopted after consultation with the committee as provided in section 3 of this 2011 Act, + } and with the submission of the license fee prescribed for such license { + . + } { - ; provided, however, that - } If more than one year has expired since the license was retired { + under paragraph (a) of this subsection + } or inactivated, satisfactory evidence of clinical competence must be submitted to the board. (4) { - Every - } { + A + } dental hygienist shall advise the board within 30 days of any change of address. (5) { - Each - } { + A + } dental hygienist must renew the hygienist's license every two years through submitting a renewal application and paying the license fee. (6) Dental hygienists licensed in even-numbered years must renew by September 30 of each even-numbered year. Dental hygienists licensed in odd-numbered years must renew by September 30 of each odd-numbered year. (7) A reasonable charge may be made in the event that the license fee or renewal application is more than 10 days delinquent. (8) Fees paid are not refundable. SECTION 11. ORS 680.082 is amended to read: 680.082. (1) Notwithstanding any other provision of ORS 680.010 to 680.205, the Oregon Board of Dentistry { + , in consultation with the Dental Hygiene Committee as provided in section 3 of this 2011 Act, + } shall issue a dental hygiene instructor's license to any person who: (a) Is or will be a full-time instructor of dental hygiene engaged in the practice of dental hygiene, including but not limited to participation in a faculty practice plan within the scope of the applicant's employment at the Oregon Health and Science University; (b) Is a graduate of a dental hygiene program accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency, if any; and (c) Is licensed to practice dental hygiene in another state or a Canadian province. (2) The board { + , in consultation with the committee as provided in section 3 of this 2011 Act, + } shall by rule establish standards, procedures and fees for the issuance, suspension, revocation and renewal of a dental hygiene instructor's license. (3) The board { + , in consultation with the committee as provided in section 3 of this 2011 Act, + } may refuse to issue or renew a dental hygiene instructor's license to an applicant or licensee: (a) Who has been convicted of an offense or disciplined by a dental licensing body in a manner that bears, in the judgment of the board, a demonstrable relationship to the ability of the applicant or licensee to practice dental hygiene in accordance with the provisions of ORS 680.010 to 680.205; (b) Who has falsified an application for licensure; or (c) For cause as described under ORS 679.140 or 679.170. (4) An applicant who receives a dental hygiene instructor's license is restricted to the practice of dental hygiene in a facility devoted to dental care on the campus of the Oregon Health and Science University. (5) An applicant who receives a dental hygiene instructor's license is subject to the professional ethics, standards and discipline of ORS 680.010 to 680.205. SECTION 12. ORS 680.100 is amended to read: 680.100. (1) The Oregon Board of Dentistry { + , in consultation with the Dental Hygiene Committee as provided in section 3 of this 2011 Act, + } may discipline any dental hygienist for any of the causes for which a dentist may be disciplined under ORS 679.140 and may impose any or all of the methods of discipline, modify such methods and reinstate dental hygiene licenses as provided in ORS 679.140 for dentists. (2) The provisions of ORS 679.160 and 679.250 apply to proceedings by the board for the revocation or suspension of or refusal to renew a license issued pursuant to ORS 680.010 to 680.205. SECTION 13. ORS 680.150 is amended to read: 680.150. (1) { - Any - } { + A + } dentist may employ a dental hygienist who may engage in the practice of dental hygiene in the office of { - such - } { + the + } dentist under the general supervision of a dentist. (2) { - Any - } { + A + } public institution, health care facility or health maintenance organizations, as those terms are defined in ORS 442.015, may employ a dental hygienist who may engage in the practice of dental hygiene under the general supervision of a dentist. (3) A dental hygienist under the general supervision of a dentist may engage in the practice of dental hygiene in any place where limited access patients are located. (4) The Oregon Board of Dentistry { + , in consultation with the Dental Hygiene Committee as provided in section 3 of this 2011 Act, + } may adopt rules specifying other locations where dental hygienists may work and shall specify in its rules the degree of supervision a dentist must exercise over the procedures the hygienist performs. (5) Notwithstanding ORS 679.010 (4), supervision by a dentist is not required when a dental hygienist determines the need for and appropriateness of sealants or fluoride, and applies sealants or fluoride at the locations and for persons described in ORS 680.205 (1) and (2). SECTION 14. ORS 680.172 is amended to read: 680.172. Oral health screenings may be performed by dental hygienists and dental assistants under written training and screening protocols adopted by the Oregon Board of Dentistry { + in consultation with the Dental Hygiene Committee as provided in section 3 of this 2011 Act + }. Screening results must be provided to individuals screened or to the parents or guardians of minors needing a dental referral for diagnosis. Screening results are not a diagnosis for purposes of ORS chapter 679 or ORS 680.010 to 680.205. SECTION 15. ORS 680.200 is amended to read: 680.200. (1) Upon application accompanied by the fee established by the Oregon Board of Dentistry { + , and in consultation with the Dental Hygiene Committee as provided in section 3 of this 2011 Act + }, the board shall grant a permit to practice as a limited access permit dental hygienist to any applicant who: (a) Holds a valid, unrestricted Oregon dental hygiene license; (b) Presents proof of current professional liability insurance coverage; (c) Presents documentation satisfactory to the board of successful completion of an emergency life support course for health professionals, including cardiopulmonary resuscitation, from an agency or educational institution approved by the board { + in consultation with the committee as provided in section 3 of this 2011 Act + }; and (d) Presents documentation satisfactory to the board that the person has: (A)(i) Completed 2,500 hours of supervised dental hygiene practice; and (ii) Completed 40 hours of courses in a formal, post-secondary educational program accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency and approved by the board { + in consultation with the committee as provided in section 3 of this 2011 Act + }; or (B) Completed a course of study approved by the board { + , in consultation with the committee as provided in section 3 of this 2011 Act, + } that includes at least 500 hours of dental hygiene practice on patients described in ORS 680.205 while under the direct supervision of a member of the faculty of a dental program or dental hygiene program accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency. Practice hours from before and after graduation from the dental hygiene program may be combined to meet the requirement of this subparagraph. (2) All permits issued pursuant to subsection (1) of this section expire two years following the date of issuance unless renewed on or before that date by: (a) Payment of the renewal fee as set by the board; (b) Submission to the board of satisfactory evidence of completion of at least 36 hours of continuing education; and (c) Presentation to the board of proof of professional liability insurance coverage. (3) The board { + , in consultation with the committee as provided in section 3 of this 2011 Act, + } may refuse to issue or renew a limited access permit or may suspend or revoke the permit of a limited access permit dental hygienist who has been convicted of an offense or been disciplined by a dental licensing body in a manner that bears, in the judgment of the board { + in consultation with the committee as provided in section 3 of this 2011 Act + }, a demonstrable relationship to the ability of the applicant to practice limited access permit dental hygiene in accordance with the provisions of this chapter or ORS chapter 679, or who has falsified an application for permit, or any person for any cause described under ORS 679.140 or 679.170. SECTION 16. ORS 680.205 is amended to read: 680.205. (1) A dental hygienist issued a permit to act as a limited access permit dental hygienist under ORS 680.200 { - shall be authorized to - } { + may + } render all services within the scope of practice of dental hygiene, as defined in ORS 679.010, without the supervision of a dentist and as authorized by the limited access permit to: (a) Patients or residents of the following facilities or programs who, due to age, infirmity or disability, are unable to receive regular dental hygiene treatment: (A) Nursing homes as defined in ORS 678.710; (B) Adult foster homes as defined in ORS 443.705; (C) Residential care facilities as defined in ORS 443.400; (D) Adult congregate living facilities as defined in ORS 441.525; (E) Mental health residential programs administered by the Oregon Health Authority; (F) Facilities for mentally ill persons, as those terms are defined in ORS 426.005; (G) Facilities for persons with mental retardation, as those terms are defined in ORS 427.005; (H) Local correctional facilities and juvenile detention facilities as those terms are defined in ORS 169.005, regional correctional facilities as defined in ORS 169.620, youth correction facilities as defined in ORS 420.005, youth care centers as defined in ORS 420.855, and Department of Corrections institutions as defined in ORS 421.005; or (I) Public and nonprofit community health clinics. (b) Adults who are homebound. (c) Students or enrollees of nursery schools and day care programs and their siblings under 18 years of age, Job Corps and other similar employment training facilities, primary and secondary schools, including private schools and public charter schools, and persons entitled to benefits under the Women, Infants and Children Program. (d) Patients in hospitals, medical clinics, medical offices or offices operated or staffed by nurse practitioners, physician assistants or midwives. (2) The Oregon Board of Dentistry { + , in consultation with the Dental Hygiene Committee as provided in section 3 of this 2011 Act, + } may authorize the provision of dental hygiene services by a limited access permit dental hygienist at locations or to populations that are underserved or lack access to dental hygiene services. (3) At least once each calendar year, a dental hygienist issued a permit to act as a limited access permit dental hygienist shall refer each patient or resident to a dentist who is available to treat the patient or resident. (4) This section does not authorize a limited access permit dental hygienist to administer local anesthesia or temporary restorations except under the general supervision of a dentist licensed under ORS chapter 679, or to administer nitrous oxide except under the indirect supervision of a dentist licensed under ORS chapter 679. (5) A limited access permit dental hygienist may assess the need for and appropriateness of sealants, apply sealants and write prescriptions for all applications of fluoride in which fluoride is applied or supplied to patients. (6) A person granted a limited access permit under ORS 680.200 shall also procure all other permits or certificates required by the board under ORS 679.250. SECTION 17. { + (1) Section 3 of this 2011 Act and the amendments to ORS 680.020, 680.040, 680.050, 680.060, 680.070, 680.072, 680.075, 680.082, 680.100, 680.150, 680.172, 680.200 and 680.205 by sections 4 to 16 of this 2011 Act become operative on January 1, 2011. (2) The Oregon Board of Dentistry and the Dental Hygiene Committee established under section 2 of this 2011 Act may take any action before the operative date specified in subsection (1) of this section that is necessary to enable the board or committee to exercise, on and after the operative date specified in subsection (1) of this section, all of the duties, functions and powers conferred on the board and committee by section 3 of this 2011 Act and the amendments to ORS 680.020, 680.040, 680.050, 680.060, 680.070, 680.072, 680.075, 680.082, 680.100, 680.150, 680.172, 680.200 and 680.205 by sections 4 to 16 of this 2011 Act. + } SECTION 18. { + This 2011 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2011 Act takes effect on its passage. + } ----------