SESSION OF 2024
SUPPLEMENTAL NOTE ON SENATE BILL NO. 103
As Recommended by Senate Committee on
Public Health and Welfare
Brief*
SB 103 would make several amendments to the Dental
Practices Act (Act)
● Require dentists to provide certain practice
ownership information;
● Remove the minimum personal presence
requirements of licensed dentists regarding dental
offices using a licensee’s name;
● Permit the Kansas Dental Board (Board) to refuse
to license or to take action upon a licensee under
the Act who directed or pressured another dental
professional to perform dentistry that failed to
adhere to the standard of dental care or that would
violate the Act; and
● Prohibit dentists or a contract for dental services
from requiring a patient sign an agreement that
attempts to limit a patient’s ability to file a complaint
with the Board.
The bill would also make technical amendments.
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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Treating Dentist Information (Section 1)
The bill would require a treating dentist to provide to a
patient upon request basic information about the dentist and
the dental practice ownership to include, but not be limited to
the following:
● Full name;
● After-hours emergency contact information; and
● Kansas license number for both the dental practice
owner and treating dentist.
The bill would also provide that if the dentist fails to
provide the information, the dentist would be subject to
disciplinary action by the Board.
Practice Requirements (Section 2)
The bill would remove requirements regarding the
naming of dental practice that included a licensed dentist and
the requirement that any named licensee had to be present in
any physical office with the licensee’s name at least 20
percent of the time patients were being treated. The bill would
also remove the limitations regarding the number and location
of dental offices that a licensee was permitted to own.
Licensure (Section 3)
The bill would permit the Board to refuse to issue a
license under the Act or to take action regarding a licensee
that directed or pressured another dentist who is an
employee, associate, or subordinate to perform dentistry that
fails to adhere to the applicable standard of dental care or
that violates the Act.
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Patient’s Right to File a Complaint (Section 4)
The bill would prohibit a dentist or a contract for dental
services from requiring a patient sign an agreement that
attempts to limit the ability of the patient to file a complaint
with the Board.
Background
The bill was introduced by the Senate Committee on
Public Health and Welfare at the request of a representative
of the Association of Dental Support Organizations and the
Kansas Dental Association.
Senate Committee on Public Health and Welfare
In the Senate Committee hearing on February 8, 2023,
representatives of the Association of Dental Support
Organizations, Heartland Dental, and the Kansas Dental
Association provided proponent testimony stating generally
that the creation of dental support organizations (DSOs) has
allowed allowed dentists to maximize their actual clinical
practice time with the support of professional office
management. The Kansas Dental Association representative
stated the association held a neutral position on the removal
of the 20 percent provision but supported the addition of the
patient protection provision.
Written-only proponent testimony was provided by
representatives of the Kansas Justice Institute and
Periodontal Specialists, P.A.
No other testimony was provided at the February 8,
2023, hearing.
In the Senate Committee hearing on February 1, 2024,
representatives of the Association of Dental Support
Organizations, Heartland Dental, the Kansas Chamber, and
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Periodontal Specialists, P.A. provided proponent testimony
stating generally that Kansas is unique in its practice
limitations regarding dental practice ownership.
Written-only proponent testimony was provided by
representatives of Americans for Prosperity and Americans
for Tax Reform.
Representatives of the Kansas Dental Association and
three dentists provided opponent testimony stating generally
that the position of the Kansas Dental Association had
changed from last year and the practicing dentists who
testified were concerned about the corporate practice of
dentistry.
Written-only neutral testimony was provided by a
representative of Oral Health Kansas.
Written-only opponent testimony was provided by a
representative of the Kansas Academy of General Dentistry.
Fiscal Note
According to the fiscal note prepared by the Division of
the Budget, the Board indicates that enactment of the bill
would have no fiscal effect on its operations.
Health; Kansas Dental Board; dentists; health professions; licensure; disclosure to
patients
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Statutes affected: As introduced: 65-1430, 65-1435, 65-1436, 65-1467