Bill Summary – FastDemocracy

                                                                  24LSO-0476
                                   STATE OF WYOMING
                                   HOUSE BILL NO. HB0139
     Denturist practice act.
     Sponsored by: Representative(s) Winter
                                           A BILL
                                               for
 AN ACT relating to professions and occupations; amending
 dentists and dental hygienists licensing statutes to
 include denturists; authorizing a denturist to be added to
 the board of dental examiners as specified; specifying that
 this act does not apply to denturitry students performing
 denturitry as       part of   their curriculum;       specifying that
 denturists shall only perform dental laboratory work at the
 direction of    a dentist;      requiring denturists and dental
 laboratory technicians to   complete work for   a dentist
 pursuant to a written prescription as specified; requiring
 dentists and denturists to engage the services of persons
 outside their office with     a written work authorization;
 specifying that denturists in   certain occupations are
 exempt from the act; specifying that denturists may perform
 services for patients if trained to do so in an accredited
 denturitry school and under the supervision of a dentist;
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                        STATE OF WYOMING                            24LSO-0476
 amending requirements relating to      permissible supervised
 work by specified persons; requiring dental hygienists to
 be graduates of    a board approved program in    order to
 practice;      amending definitions;           providing definitions;
 amending other laws relating to    dentists and dental
 hygienists to include denturists as specified; providing an
 appropriation; and providing for effective dates.
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 Be It Enacted by the Legislature of the State of Wyoming:
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        Section      1.   W.S.    1-1-129(a)(i)(D),            33-15-101(c)         and
 (e),     33-15-108(h),          33-15-109(a)           and    (b),        33-15-111,
 33-15-114(a)(xii) and (b)(intro), 33-15-115(a)(ii) through
 (iv)   and by   creating        a new paragraph       (v),       33-15-117,
 33-15-119,          33-15-120(a)            and         (c)     through          (e),
 33-15-121(a)(intro), (i), (iv) and (v), 33-15-128(a)(ii),
 (xii)(A) through (C), (xiii), by creating new paragraphs
 (xvii)   and     (xviii)      and by     renumbering       (xvii)      as   (xix),
 33-15-131(d)(i), (ii)(A), (B), (iii)(A), (B), (iv)(A), (B),
 (e) and (g) through (j), 33-15-133(a) and 40-28-102(a)(iv)
 are amended to read:
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                                             2                 HB0139
                        STATE OF WYOMING                         24LSO-0476
        1-1-129.      Immunity from liability for volunteer health
 care professionals; insurance required of nonprofit health
 care facility.
 4
        (a)    As used in this section:
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               (i)    "Health care professional" means any of the
 following who provide medical or dental diagnosis, care or
 treatment:
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                      (D)   Dentists,        and dental hygienists and
 denturists licensed to practice as provided in title 33,
 chapter 15 of the Wyoming statutes; and
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        33-15-101.      Board of dental examiners; generally.
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        (c)    No person is eligible to membership on the board
 who is    not legally qualified to   practice;      who has not
 engaged in the active practice of dentistry in the state of
 Wyoming for at least five (5) continuous years immediately
 prior to    appointment;      who does not at     the time of   his
 appointment hold a certificate entitling him to practice
 dentistry in    the state of      Wyoming;      and who is    not    a
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                           STATE OF WYOMING                                  24LSO-0476
 resident of the state of Wyoming. One (1) appointed member
 of the board shall be    a dental hygienist who has the
 qualifications provided in       this act.     One       (1)    appointed
 member of      the board may be   a denturist who has the
 qualifications provided in       this act.        No member shall
 succeed himself in office for more than two (2) successive
 terms.
 8
        (e)      Appointments by the governor to the board shall
 be made from a list of recommended names submitted by the
 Wyoming Dental Association,             and Wyoming Dental Hygiene
 Association and the Wyoming State Denturist Association if
 a denturist serves on the board as follows:
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               (i)        The Wyoming Dental Association shall,
 through its secretary,         present to   the governor within
 fifteen (15) days after its regular annual meeting a list
 of the names of not less than ten (10) candidates from
 which appointments for vacancies on     the board occurring
 during the ensuing year shall be made; and
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               (ii)        The Wyoming Dental Hygiene Association
 shall,     through its secretary,             present to     the governor
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                        STATE OF WYOMING                    24LSO-0476
 within fifteen (15) days after its regular annual meeting a
 list of   not less than three   (3)    candidates from which
 appointments for vacancies on the board occurring during
 the ensuing year shall be made;. and
 5
               (iii)    If a denturist serves on the board, the
 Wyoming State Denturist Association shall,     through its
 secretary, present to the governor within fifteen (15) days
 after its regular annual meeting a list of not less than
 three (3) candidates from which appointments for vacancies
 on the board occurring during the ensuing year shall be
 made.
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        33-15-108.      Licensing;         qualifications;      examinations;
 fees.
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        (h)    The board may make and prescribe rules and
 regulations for the licensure and practice of dentistry in
 the state of Wyoming, not inconsistent with this act.                       For
 purposes of     this subsection,     "practice of    dentistry"
 includes the work of dental hygienists, denturists, dental
 auxiliaries, dental technicians and dental laboratories.
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                                           5               HB0139
                      STATE OF WYOMING                          24LSO-0476
         33-15-109.    Renewal license certificate.
 2
         (a)   On or before December 31 of every second year,
 each dentist and denturist licensed to practice dentistry
 in this state and wishing to continue in the practice of
 dentistry shall submit a license renewal application with
 the applicable renewal fee.               Any license granted by the
 board shall expire if   the holder fails to    secure the
 renewal certificate within three (3) months after the date
 that the license renewal application is   required to    be
 submitted.
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        (b)    Any dentist or      denturist whose application for
 renewal indicates that the dentist or denturist has not
 actively practiced dentistry or    engaged in       teaching
 dentistry,       or dental hygiene or    denturitry for the
 preceding five   (5)    years shall be    issued        a renewal
 certificate only after demonstrating to the board that the
 dentist or denturist has maintained the qualifications set
 forth in this act. The board may require reexamination if
 it finds good cause to believe that the person has not
 maintained the professional ability and knowledge required
 of an original licensee.
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                         STATE OF WYOMING                       24LSO-0476
 1
         33-15-111.    List of licensees filed with board office.
 3
 The board shall annually publish a list of all dentists,
 and dental hygienists and denturists licensed under this
 act. The list shall contain the name and address of each
 dentist, and dental hygienist and denturist 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.
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        33-15-114.     Persons deemed to be practicing dentistry;
 work authorizations from licensed dentist.
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        (a)   Except as      provided by    paragraph      (xii)   of this
 subsection, any person is deemed to be practicing dentistry
 within the meaning of this act:
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              (xii)    A dental laboratory, or dental technician
 or denturist is not practicing dentistry within the meaning
 of this act when engaged in    the construction,     making,
 alteration or     repairing of   bridges,       crowns,     dentures or
 other prosthetic or    surgical appliances,      or orthodontic
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                          STATE OF WYOMING                        24LSO-0476
 appliances if the casts or molds or impressions upon which
 the work is     constructed have been made by     a regularly
 licensed and practicing dentist or denturist, and if all
 crowns,        bridges,       dentures or   prosthetic appliances,
 surgical appliances or orthodontic appliances are returned
 to the dentist upon whose order the work is constructed.
 7
        (b)     Any licensed dentist or denturist who employs or
 engages the service of   any person,   firm or    corporation
 outside of the dental office to construct, reproduce, make,
 alter or       repair bridges,        crowns,      dentures or   other
 prosthetic,         surgical or       orthodontic appliances shall
 furnish the person with a written work authorization on
 forms prescribed by the board, which contain:
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        33-15-115.       Persons to whom chapter inapplicable.
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        (a)     Nothing in this act contained applies:
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                (ii)    To   a legally qualified dentist,        dental
 hygienist or dentist denturist engaged in full-time duties
 with the United States armed forces, public health service,
 veterans administration or other federal agencies;
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                         STATE OF WYOMING                           24LSO-0476
 1
                (iii)     To a legally qualified dental hygienist or
 dentist,       dental hygienist or    denturist of     another state
 making     a clinical demonstration before      a meeting of
 dentists or dental auxiliaries; or
 6
                (iv)     To dental,        and dental hygiene and
 denturitry students actively enrolled in       any American
 Dental Association or     other board approved accredited
 dental or        denturitry 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    Wyoming
 licensed denturist; or
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                (v)     To denturitry students actively enrolled in
 any educational institution approved by    the board and
 pursuing a major course of study in denturitry.
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        33-15-117.       Dental laboratory technicians and
 denturists.
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                                             9                HB0139
                        STATE OF WYOMING                        24LSO-0476
 Dentists may employ one       (1)   or more dental laboratory
 technicians or denturists who work only under the direction
 and supervision of   the dentist and who shall not be
 permitted under any circumstances to do any unsupervised
 work upon any patient. Dental laboratory technicians and
 denturists shall not be allowed to do laboratory work of
 any kind except at the direction of dentists duly licensed
 to practice, and then only upon written prescription issued
 by the dentists if the dental laboratory work is completed
 outside the dental office.
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        33-15-119.     Dental hygienists and denturists;
 generally.
14
 Any dentist authorized to    practice dentistry within the
 state may employ dental hygienists and denturists who shall
 be examined and possess the qualifications provided in this
 act.    A    dental hygienist or    denturist may perform any
 services for a patient which are consistent with what the
 dental hygienists and denturists are trained to    do in
 accredited dental hygiene or denturitry schools accredited
 by the commission on dental accreditation of the American
 Dental Association, the National Denturist Association or
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                       STATE OF WYOMING                       24LSO-0476
 other board approved education program.       Hygienists and
 denturists shall not perform any other operation on the
 teeth or mouth and shall be regulated by the rules and
 regulations promulgated by the board. The above services
 shall be    performed under the supervision of     a licensed
 dentist. Dental hygienists and denturists shall practice in
 the office of any licensed dentist, or in any public or
 private institution under the supervision of     a licensed
 dentist. The board may revoke or suspend the license of any
 dentist who permits any dental hygienist or       denturist
 operating under his supervision to perform any operations
 or functions other than those permitted under this act.
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        33-15-120.     Dental hygienists and denturists;
 qualifications; examination; fees and license.
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        (a)    Any person who has a background that does not
 evidence conduct adverse to the practice of dental hygiene
 or denturitry or to the ability to practice dental hygiene
 who is or denturitry and meets the following qualifications
 may apply to the board to have the person's qualifications
 considered for licensure to    practice dental hygiene or
 denturitry as follows:
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                      STATE OF WYOMING                             24LSO-0476
 1
            (i)     An applicant for licensure as       a dental
 hygienist shall be a graduate of a dental hygiene program
 accredited by the commission on dental accreditation of the
 American Dental Association or       other board approved
 program,   who has passed    a written,      clinical and state
 examination as determined by rule of the board may apply to
 the board to have the person's qualifications considered
 for licensure to practice dental hygiene;
10
            (ii)     An applicant for licensure as a denturist
 shall be a graduate of a denturist program certified by the
 National Denturist Association or    other board approved
 educational program, shall pass in a manner satisfactory to
 the board an examination for the practice of denturitry
 established by the National Denturist Association or other
 board approved examination and shall pass     a clinical
 examination accepted by    the board.      Applicants shall be
 required to pass a written examination satisfactory to the
 board;
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            (iii)     Persons licensed to    practice denturitry
 under the laws of any other state, territory of the United
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                        STATE OF WYOMING                           24LSO-0476
 States,      District of     Columbia or    Puerto Rico,    with
 substantially equivalent licensing standards to     this
 chapter applicable to denturitry shall be licensed without
 examination upon providing the board with the following:
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                      (A)   Proof of successfully passing a written
 and clinical examination for denturitry 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 act, including but not limited to, both the written
 and clinical examination; and
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                      (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.
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        (c)    If the applicant successfully completes the
 requirements for licensure, the applicant shall be licensed
 as a dental hygienist or denturist. If the expanded duties
 applicant has successfully met the requirements for
 expanded duties, the applicant shall be certified in those
 expanded duties. The certificate issued by the board shall
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                       STATE OF WYOMING                           24LSO-0476
 list the expanded duties which the hygienist or denturist
 is qualified a