Permanent Administrative
Regulations
71-1-1. Retention of applicants' work (Authorized
by K.S.A. 65-1428, 65-1429; effective Jan. 1, 1966; revoked Feb. 20, 2004.)
71-1-2. Passing grade. (Authorized
by K.S.A. 65-1427, 65-1428; effective Jan. 1, 1966;
amended, E-77-9, March 19, 1976; amended Feb. 15, 1977; amended May 1, 1980;
revoked Feb. 20, 2004.)
71-1-3. Examinations required by the
board. (Authorized by K.S.A. 65-1426;
implementing K.S.A. 65-1427, 65-1428, 74-1405; effective Jan. 1, 1966; amended
May 1, 1983; amended Nov. 7, 1997; revoked Feb. 20, 2004.)
71-1-4.
Requirements for re-examination. (a)
Each applicant who, upon taking any examination or any section thereof a second
time, fails to obtain a passing grade on that examination or section of an
examination shall obtain additional or remedial instruction. The dental board
shall determine the amount and type of such required instruction based upon the
performance of the applicant on the prior examinations. The required
instruction shall be completed in a course and at a school of dentistry or
dental hygiene approved by the board. The applicant shall submit a written
statement, signed by an authorized member of the faculty of that school of
dentistry or dental hygiene, advising the board or its designee that the
applicant is qualified for re-examination.
(b) If any applicant fails to pass the examination or
any section thereof on re-examination, following compliance with subsection (a)
above, the board may, for good cause shown by the applicant, authorize further
re-examination. In such case, the board may accept the results of any
re-examination of that applicant conducted thereafter by the national board of
dental examiners or by any other testing agency, the results of which are
otherwise accepted by the board. (Authorized by and implementing K.S.A. 1983
Supp. 65-1429; effective Jan. 1, 1966; amended May 1, 1984.)
71-1-5. (Authorized by K.S.A. 65-1434; effective Jan. 1, 1966;
amended, E-77-9, March 19,
1976; amended Feb. 15, 1977; amended May 1, 1980; amended May 1, 1981; revoked
May 1,
1985.)
71-1-6. (Authorized by K.S.A. 65-1434; effective Jan. 1, 1966;
amended May 1, 1981; revoked May 1, 1985.)
71-1-7. (Authorized by K.S.A. 65-1426, 65-1428; effective Jan.
1, 1966; revoked May 1, 1981.)
71-1-8. Time for holding specialist
examination. (Authorized by K.S.A. 65-1427; effective Jan. 1, 1966;
amended May 1, 1979; revoked Feb. 20, 2004.)
71-1-9. Examination on dental law of
71-1-10. Dental interne permit
requirements. (Authorized by K.S.A.
65-1459; effective Jan. 1, 1966; revoked Feb. 20, 2004.)
71-1-11. Examination fee. (Authorized by K.S.A. 65-1427, 65-1429, 65-1447;
effective Jan. 1, 1966; revoked Feb. 20, 2004.)
71-1-12. (Authorized by K.S.A. 65-1431; effective Jan. 1, 1966;
revoked May 1, 1985.)
71-1-13. (Authorized by and implementing K.S.A. 65-1438,
74-1406; effective May 1, 1980;
revoked March 6, 1995.)
71-1-14. (Authorized by and implementing K.S.A. 65-1437;
effective May 1, 1984; amended
May 1, 1986; revoked May 1, 1988.)
71-1-15. Dental recordkeeping
requirements. For the purposes of
K.S.A. 65-1436 and amendments thereto, each licensee shall maintain for each
patient an adequate dental record for 10 years after the date any professional
service was provided. Each record shall
disclose the justification or the course of treatment and shall meet all of the
following minimum requirements:
(a) It is legible.
(b) It contains
terms and abbreviations that are comprehensible to similar licensees.
(c) It contains
adequate identification of the patient.
(d) It
indicates the date of any professional service was provided.
(e) It contains
pertinent and significant information concerning the patient's condition;
(f) It reflects
what examinations, vital signs and tests were obtained, performed or ordered
and the findings and results of each;
(g) It indicates the initial diagnosis and the
patient's initial reason for seeking the licensee's services;
(h) It
indicates the medications prescribed, dispensed or administered and the
quantity and strength of each;
(i) It reflects
the treatment performed or recommended; and
(j) It
documents the patient's progress during the course of treatment provided by the
licensee.
(Authorized
by K.S.A. 74-1406; implementing K.S.A. 1986 Supp. 65-1436; effective May 1,
1988.)
71-1-16. (Authorized by K.S.A. 74-1406(l); implementing K.S.A.
65-1423(g); effective May
10, 1993; amended Sept. 6, 1994; revoked Nov. 7, 1997.)
71-1-17. (Authorized by K.S.A.
74-1406(l); implementing K.S.A. 65-1423(g); effective May
10, 1993; amended Sept. 6, 1994; revoked Nov. 7, 1997.)
71-1-18. Sterilization and infection
control. (a) As used in
this regulation, the following definitions shall apply:
(1)
"Dental health care worker" means dentist, dental hygienist,
dental assistant, or other employee of the dentist, or any other person who performs or
participates in an invasive or exposure-prone procedure or functions ancillary
to invasive procedures.
(2) "Exposure-prone
procedure" means a procedure in which there is an increased risk of
percutaneous injury to the dental health care worker by virtue of digital
palpation of a needle tip or other sharp instrument in a body cavity or
simultaneous presence of the dental health care worker's fingers and a needle
or other sharp instruments in a poorly visualized or highly confined anatomic
site, or any other circumstance in which there is a significant risk of contact
between the blood or body fluids of the dental health care worker and the blood
or body fluids of the patient.
(3) "HbeAg
seropositive" means that the presence of the hepatitis B antigen has been
confirmed by a test meeting the criteria of federal centers for disease
control.
(4) "HBV"
means the hepatitis B virus.
(5) "HIV"
means the human immunodeficiency virus.
(6) "HIV"
seropositive" means that the presence of HIV antibodies has been confirmed
by a test meeting the criteria of the federal centers for disease control.
(7) "Invasive
procedure" means any surgical or other diagnostic or therapeutic procedure
involving manual or instrumental contact with or entry into any blood, body
fluids, cavity, internal organ, subcutaneous tissue, mucous membrane, or
percutaneous wound of the human body.
(b) Each dental
health care worker who performs or participates in an invasive or
exposure-prone procedure shall observe and adhere to infection control
practices and universal blood and body fluid precautions. For the purpose of infection control, all
dental staff members and all patients shall be considered potential carriers of
communicable diseases. Infection control
procedures shall be required to prevent disease transmission from patient to
doctor and staff, doctor and staff to patient, and patient to patient. Each dentist shall be required to comply with
the applicable standard of care in effect at the time of treatment. Precautions shall include the following
minimum standards.
(1) Each dental
health care worker shall routinely use protective barriers and surface
decontamination.
(A) Gloves shall
be used by the dentist and direct care staff during any treatment involving
procedures or contact with items potentially contaminated with the patient's
bodily fluids or other dental debris.
Fresh gloves shall be used for each patient. Gloves that have been used for dental
treatment shall not be reused for any other purpose.
(B) Surgical
masks and protective eyewear or chin-length plastic face shields shall be worn
to protect the face, the oral mucosa, and the nasal mucosa when splashing or
splattering of blood or other body fluids is likely.
(C) Reusable or
disposable gowns, laboratory coats, or uniforms shall be worn when clothing is
likely to be soiled with blood or other body fluids. If reusable gowns are worn, they may be
washed, using a normal laundry cycle.
Gowns shall be changed at least daily or when visibly soiled with blood.
(D) Surface
decontamination and disinfection or protective barriers shall be used in areas
of the dental operatory that may be contaminated by blood or saliva during
treatment and are not removable to be sterilized. Contaminated surface coverings shall be
removed, discarded, and then replaced with clean material between
patients. Surfaces to be covered or
decontaminated and disinfected shall include the following:
(i) The
delivery unit;
(ii) chair
controls;
(iii) light
handles;
(iv) the
high-volume evacutor handle;
(v) x-ray heads
and controls;
(vi) headrests;
and
(vii) instrument
trays.
(E) Dental
health care workers shall wash their hands after glove removal if the hands
have been contaminted by bodily fluids or other dental debris.
(F) Dental
health care workers who have exudative lesions or weeping dermatitis shall
refrain from all direct patient care and from handling patient care devices
used in exposure-prone invasive procedures, unless covered by an effective
barrier.
(2) Dental
health care workers shall take appropriate precautions to prevent injuries
caused by needles, scalpels, and other sharp instruments during and after
procedures. If during a single visit a
patient needs multiple injections over time from a single syringe, the needle
shall be recapped or placed in a sterile field between each use to avoid the
possibility of needlestick injury or needle contamination. Used sharp items shall be placed in
puncture-resistant containers for disposal.
(3) Any
heat-stable instrument or device that enters tissue or contacts the mucous
membranes shall be sterilized. Dental
health care workers shall comply with the following sterilization requirements.
(A) Before
sterilization, all instruments shall be decontaminated to remove all visible
surface contamination, including blood, saliva, tooth and dental restorative
material cuttings and debris, soft tissue debris, and bacterial plaque. Decontamination of instruments may be
accomplished by a thorough scrubbing with soap and water or detergent, or by using
a mechanical device, including an ultrasonic cleaner. Persons involved in cleaning instruments
shall take reasonable precautions to prevent injuries.
(B) Heat-stable
dental instruments shall be routinely sterilized between patient use by one of
the following methods:
(i) Steam
under pressure autoclaves;
(ii) heat plus
pressurized chemical (unsaturated formaldehyde or alcohol);
(iii) vapor
chemoclave;
(iv) prolonged
dry heat exposure;
(v) dry heat
convection sterilizers;
(vi) ethylene
oxide sterilizers; or
(vii) other
equivalent methods.
(C) Biological
spore testing devices shall be used on each sterilization unit after each six
days of use, but not less often than each month, to verify that all pathogens
have been killed. A log of spore testing
shall be kept for three years for each sterilization unit.
(D) Items to be
sterilized shall include the following:
(i) Low-speed
handpiece contra-angles and prophy-angles;
(ii) high-speed
handpieces;
(iii) hand
instruments;
(iv) burs;
(v) endodontic
instruments;
(vi) air-water
syringe tips;
(vii) high-volume
evacutar tips;
(viii)surgical instruments; and
(ix) sonic or
ultrasonic periodontal scalers.
(E) When
sterilizing the heat-stable instruments or devices listed in paragraphs
(b)(3)(D)(i) through (ix), each instrument or device shall be placed in a
closed bag or container for sterilization and thereafter maintained in that bag
or container until immediately before use.
(F) Following
the sterilization of heat-stable instruments or devices not listed in paragraphs(b)(3)(D)(i)
through (ix), each instrument or device shall be maintained in covered storage
until immediately before use.
(G) Nondisposable
items used in noninvasive procedures that cannot be heat sterilized shall be
decontaminated and disinfected with a chemical sterilant that has been
registered by the U.S. Environmental Protection Agency and is tuberculocidal.
(H) Materials,
impressions, and intra-oral appliances shall be decontaminated and disinfected
before being sent to and upon return from a commercial dental laboratory.
(I) A dental
health care worker who is HbeAg seropositive or HIV seropositive, or who
otherwise knows or should know that the worker carries and is capable of
transmitting HBV or HIV, shall not thereafter perform or participate directly
in an exposure-prone procedure unless the worker has sought counsel from an
expert review panel. The expert review
panel shall be composed of these individuals:
(i) The dental
health care worker's personal physician:
(ii) an
infectious disease specialist with expertise in HIV and HBV transmission;
(iii) a dentist
licensed in the state of
(iv) a state of
(c) Reports and
information furnished to the Kansas dental board relative to the HbeAg or HIV
status of a dental health care worker shall not be deemed to constitute a
public record but shall be deemed and maintained by the board as confidential
and privileged as a medical record.
These reports and this information shall not be subject to disclosure by
means of subpoena in any judicial, administrative, or investigative proceeding,
if the dental health care worker adheres to the regulations of the board and is
willing to participate in counseling and be reviewed and monitored by the board
or its designated agent.
(d) When the
board learns that a dental health care worker is HbeAg or HIV seropositive,
contact shall be made with that dental health care worker to review the
regulations of the board and develop a process of monitoring that individual's
practice.
(e) The
monitoring of a dental health care worker's HIV or HBV status and discipline of
the dental health care worker shall be reported to the
(f) During
business hours, the office of a licensed dentist may be inspected by the
71-1-19 Proration of fees. (a) Beginning June 1, 1997, each dentist applying for
licensure on or after the first day of January shall pay 1/24th of the biennial
renewal fee for each full month remaining in the renewal period, in addition to
the application fee.
(b) Beginning June 1, 1997, each dental hygienist
applying for licensure on or after the first day of January shall pay 1/24th of
the renewal fee for each full month remaining in the renewal period, in
addition to the application fee. (Authorized by K.S.A. 65-1447 and 74-1406;
implementing K.S.A. 65-1447; effective Nov. 7, 1997.)
71-1-20. Reinstatement of license fee. The penalty
fee to be paid by any licensee seeking reinstatement of a cancelled license
pursuant to K.S.A. 65-1431(e)(2) , and amendments thereto, shall be $200.
(Authorized by K.S.A. 65-1426; implementing K.S.A. 1998 Supp. 65-1431, as
amended by L. 1999, Ch. 149, § 5; effective May 5, 2000.)
71-1-21. Suspension,
termination, or denial of licensee's authority to practice when found in
contempt of court pursuant to K.S.A. 20-1204a(f).
(a)(1) Within 30 days after receipt of a court-ordered
notice and a copy of the court order finding an individual in contempt of court
in a child support proceeding, the individual shall be notified by the board in
writing of the board's intent to suspend, deny, or withhold renewal of a
license and of the
individual's rights and duties under K.S.A. 74-147 and amendments thereto.
(2) If the notice accompanied by the court order
provides inadequate information identifying the person in contempt, the person
serving the notice shall be promptly contacted by the board for additional
information. The 30-day notice shall commence when sufficient information
identifying the person to contact is received.
(b) Notice to licensee. The written notice issued by
the board shall inform the licensee of the following:
(1) The board's intent to deny, refuse to renew, or
suspend the license commencing six months after the date the notice is issued
unless the licensee furnishes to the board a court order releasing the
individual from the contempt citation; and
(2) if the individual does not furnish the release
before the expiration of the six-month period, the board's intent to commence
proceedings to deny the issuance of, to refuse to renew, or to suspend the
license following the summary procedure stated in K.S.A. 77-537 and amendments
thereto.
(c)Temporary license.
(1) If an individual has applied for issuance or
renewal of a license and is otherwise eligible, a temporary license shall be issued
by the board and shall accompany the notice issued pursuant to subsection (b).
The temporary license shall be valid for six months after the date of the
notice issued according to subsection (b).
(2) If a licensee is eligible to request renewal of a
license and has previously received the notice required by subsection (b), the
temporary license shall be valid only for the remainder of the six-month period
that commenced upon issuance of the notice.
(3) Each temporary license shall include a date of issuance
and a date of expiration.
(4) A temporary license shall not be extended, unless
the board decides to extend the temporary license for up to 30 days to prevent
extreme hardship for a patient of the licensee.
(5) The licensee shall obtain a release from the court
that found the individual in contempt before the permanent license may be
issued or renewed by the board.
(6) The release shall be furnished to the board before
the expiration of the temporary license. If the release is not finished within
the six-month period of time, the temporary license shall expire, and either of
the following shall occur:
(A) Summary proceedings to deny issuance shall be
commenced by the board.
(B) Renewal of the permanent license may be refused by
the board.
(d) Hearing.
(1) If the licensee does not provide a copy of the
release as specified in paragraph (c)(5) to the board within the six-month time
period, the permanent license shall be denied, refused for renewal, or
suspended by the board in accordance with the summary proceedings of K.S.A.
77-537 and amendments thereto.
(2)(A) The issues at the hearing shall be limited to
the following:
(i)The identity of the individual;
(ii) the validity of the notices pursuant to K.S.A.
74-147 and amendments thereto; and
(iii) the validity of any additional conditions
imposed by the board if the conditions are otherwise subject to review.
(B) Any issues related to child support shall not be
subject to the board's jurisdiction.
(3) If the board issues an order denying, refusing to
renew, or suspending a permanent license of an individual as specified in this
subsection, the individual may apply for reinstatement of the application or
license, as appropriate, if the individual furnishes a court order releasing
the individual from the contempt citation and it is determined by the board
that the individual is otherwise eligible for a license.
(e) Fees. If a license is denied, refused for renewal,
or suspended, any fees paid by the individual shall not be refunded.
(Authorized by K.S.A. 74-1406(l); implementing K.S.A. 1999 Supp. 74-146 and
K.S.A. 1999 Supp. 74-147; effective May 5, 2000.)
Article 2. -- SPECIALISTS
71-2-1. Time for filing applications. (Authorized by and implementing K.S.A. 65-1427;
effective Jan. 1, 1966; amended, E-77-9, March 19, 1976; amended Feb. 15, 1977;
amended May 1, 1980; amended March 27, 1989; revoked Feb. 20, 2004.)
71-2-2 Branches of dentistry. The recognized braches of dentistry for which
application may be made for a specialist’s certificate shall be the following: oral
and maxillofacial surgery, orthodontics, prosthodontics, pediatric dentistry,
Periodontics, dental public health, endodontics, oral and maxillofacial
pathology and oral and maxillofacial radiology.
These branches of dentistry shall be defined as follows:
(a) “Dental public health” means that branch of
dentistry relating to the science and art of preventing and controlling dental
diseases and promoting dental health though organized community efforts. Dental public health is the form of dental
practice that serves the community rather than individual patients. This branch of dentistry is concerned with
the dental health education of the public, with applied dental research, and
with the administration of group dental care programs as well as the prevention
and control of dental diseases on a community basis.
(b) “Endodontics” means that branch of dentistry
concerning the morphology, physiology, and pathology of the human dental pulp
and periradicular tissues. The study and
practice encompass the basic and clinical sciences, including the biology of
the normal pulp; the etiology, diagnosis, prevention, and treatment of diseases
and injuries of the pulp; and associated periradicular conditions.
(c) “Oral and maxillofacial pathology” means that branch
of dentistry concerning the nature, identification, and management of diseases
affecting the oral and maxillofacial regions.
This branch is a science that investigates the causes, processes, and
effects of these diseases. The practice
of oral and maxillofacial pathology includes the research and diagnosis of
diseases using clinical, radiographic, microscopic, biochemical, and other
examinations.
(d) “Oral and maxillofacial radiology” means that
branch of dentistry concerning the production and interpretation of images and
data produced by all forms of radiant energy that are used for the diagnosis
and management of diseases, disorders, and conditions of the oral and
maxillofacial region.
(e) “Oral and maxillofacial surgery” means that
branch of dentistry concerning the diagnosis; and the surgical and adjunctive
treatment of disease, injuries, and defects involving both the functional and
aesthetic aspects of the hard and soft tissues of the oral and maxillofacial
region.
(f) “Orthodontics” and “dentofacial orthopedics” means that
branch of dentistry concerning the diagnosis, prevention, interception and
correction of malocclusion, as well as neuromuscular and skeletal abnormalities
of the developing or mature orofacial structures.
(g) “Pediatric dentistry” means the branch of
dentistry that is the age-defined specialty providing both primary and
comprehensive prevention and therapeutic oral health care for infants and
children through adolescence, including those with the special health care
needs.
(h) “Periodontics” means that branch of dentistry
concerning the prevention, diagnosis, and treatment of diseases of the
supporting and surrounding tissues of the teeth or their substitutes and the
maintenance of the health, function, and esthetics of these structures and
tissues.
(i) “Prosthodontics” means that branch of dentistry
concerning the diagnosis, treatment planning, rehabilitation, and maintenance
of the oral function, comfort, appearance, and health of patients with clinical
conditions associated with missing or deficient teeth or oral and maxillofacial
tissues, or both, using biocompatible substitutes. (Authorized by K.S.A. 74-1406; implementing
K.S.A. 65-1427; effective Jan. 1, 1966; amended, E-77-9, March 19, 1976;
amended Feb. 15, 1977; amended May 1, 1980; amended March 27, 1989; amended April
1, 2005.)
71-2-3. Committee for specialists
examination. After the election of
officers of the board each year, an examining committee for each of the
recognized branches of dentistry shall be appointed by the board. Each
committee shall consist of two members, each of whom shall be licensed dentists
holding a specialist's certificate in the specialty for which the committee is
appointed. Each committee shall conduct the specialists' examination in its
specialty. One of the committee members shall be designated chairman of the
committee by the board. (Authorized by and implementing K.S.A. 65-1427;
effective Jan. 1, 1966; amended May 1, 1980; amended March 27, 1989.)
71-2-4. Manner of processing applications. (Authorized by and implementing K.S.A. 65-1427;
effective Jan. 1, 1966; amended May 1, 1981; amended March 27, 1989 revoked
Feb. 20, 2004.)
71-2-5. Qualifications and requirements
of an applicant for certification as a specialist.
(a) Each applicant shall be licensed to practice
dentistry in the state of
(b) Each applicant shall have successfully completed a
graduate program in the specialty for
which certification is sought in a dental school, college or other dental
specialty training program
approved by the board and which the board determines has standards of education
not less than
that required for accreditation by the commission on dental accreditation of
the American dental association, or its equivalent, applicable for the year in
which the training was completed.
(c) Any applicant who meets either of the following
requirements may request a waiver of the board’s requirement to pass a
(1)
Holds a Kansas license to practice dentistry, holds a specialist certificate
that is in the specialty for which certification is sought and that has been
grated by a duly authorized licensing licensing agency of another state, and
has actively practiced in that specialty for the five-year period immediately
before submitting an application for certification as a specialist in Kansas;
or
(2) is a
diplomat of the American board of the specialty for which certification is
sought.
(d)
To be eligible to take a specialty examination, each applicant shall file
with the board an application, upon a form provided by the board, along with
payment of the nonrefundable specialty certificate examination fee. (Authorized by and implementing K.S.A.
65-1427, 65-1434; effective Jan. 1, 1966; amended May 1, 1979; amended May 1,
1980; amended May 1, 1981; amended March 27, 1989; amended June 4, 2004.)
71-2-6. Fee for specialty examination. (Authorized by and implementing K.S.A. 65-1427;
effective Jan. 1, 1966; amended May 1, 1979; amended May 1, 1980; amended May
1, 1985; amended March 27, 1989; revoked June 4, 2004.)
71-2-7. Additional requirements and
qualifications for specialist. Unless a waiver is granted pursuant to K.A.R.
71-2-5, in addition to any other requirement of either the dental act or these
regulations, each applicant for a specialist certificate shall meet the
following requirements:
(a) Submit with the application a transcript of all
graduate-level dental education completed and a letter of reference from a
practicing dentist who has personal knowledge of the applicant’s experience and
qualifications in the specialty for which a specialist certificate is sought;
and
(b) pass a board-approved specialist examination for
the specialty sought.
(Authorized
by and implementing K.S.A. 65-1427; effective Jan. 1, 1966; amended May 1,
1979; amended May 1, 1980; amended May 1, 1981; amended March 27, 1989; amended
June 4, 2004.)
71-2-8. (Authorized by K.S.A. 65-1427; effective Jan. 1, 1966;
revoked May 1, 1980.)
71-2-9. Specialist examinations.
(Authorized by and implementing K.S.A.
65-1427; effective Jan. 1, 1966; amended May 1, 1980; amended March 27, 1989; revoked
Feb. 20, 2004.)
71-2-10. (Authorized by K.S.A. 65-1427; effective Jan. 1, 1966;
revoked May 1, 1981.)
71-2-11. Revocation of specialist certificate. Any
dental specialist certificate may be revoked or suspended for any of the
grounds upon which the board may discipline a dental licensee. (Authorized by
and implementing K.S.A. 65-1427; effective Jan. 1, 1966; amended March 27, 1989;
amended Sept. 17, 2004.)
71-2-12. Evidence supporting
qualifications.
(Authorized by and implementing K.S.A. 65-1427; effective Jan. 1, 1966; amended
March 27, 1989; revoked Feb. 20, 2004.)
71-2-13.
(Authorized by and
implementing K.S.A. 65-1427; effective Jan. 1, 1966; revoked
March 27, 1989.)
Article 3.--DENTAL HYGIENISTS
71-3-1. Prohibited advertising. All
independent advertising by a dental hygienist is hereby prohibited. (Authorized
by K.S.A. 65-1456, 65-1457, 65-1458; effective Jan. 1, 1966.)
71-3-2. Permitted advertising. All
advertising by a dental hygienist shall
include the name of a Kansas-licensed dentist with whom the dental hygienist is
employed or associated. If the name of
the dental hygienist is used in advertising, the name shall be accompanied by
the designation “R.D.H.” or “dental hygienist.” (Authorized by K.S.A. 65-1455,
65-1456, 65-1457, 65-1458; effective Jan. 1, 1966; amended May 1, 1979; amended
Sept. 17, 2004.)
71-3-3.
(Authorized by K.S.A. 65-1456
and K.S.A. 74-1406(l); implementing K.S.A. 65-1456;
effective Jan. 1, 1966; amended May 24, 1993; amended Sept. 6, 1994; revoked
Nov. 7, 1997.)
71-3-4. Duty to notify board as to
residence and office address. Each
dental hygienist shall notify the board I writing of any change in the
following, within 30 days of the change:
(a) The
hygienist’s residence address;
(b) the hygienist’s employer or employers; and
(c) the hygienist’s practice location or locations.
(Authorized
by K.S.A. 65-1455, 65-1456, 65-1457, 65-1458; effective Jan. 1, 1966; amended
Sept. 17, 2004.)
71-3-5. Use of letters to designate
dental hygienist registration.
(Authorized by K.S.A. 65-1455, 65-1456,
65-1457, 65-1458; effective Jan. 1, 1966; revoked Feb. 20, 2004.)
71-3-6. (Authorized by K.S.A. 1979 Supp. 65-1456; effective
Jan. 1, 1966; revoked May 1, 1980.)
71-3-7. Procedures that may be performed
under general supervision. Any
hygienist licensed in
71-3-8. Refresher course. (a) An eligible dental hygienist may, except as
provided in subsection (e) below, return to the practice of dental hygiene
without the requirement of a clinical examination, upon submitting an
application on a form provided by the board and providing proof of having
successfully completed a refresher course approved by the board.
(b) For purposes of this regulation, an eligible
dental hygienist shall be an individual who meets the following requirements:
(1) Was previously licensed to practice dental
hygiene;
(2) has not been disciplined by the licensing board in
any state in which the individual has been licensed to practice dental hygiene;
(3) has practiced dental hygiene; and
(4) meets the other requirements for licensure set
forth in K.S.A. 65-1455, and amendments thereto.
(c) For a refresher course to be approved by the
board, it shall meet the following minimum criteria:
(1) Be taught at a dental hygiene school approved by
the board;
(2) consist of a minimum of 48 clock hours, including
a minimum of 32 clock hours of clinical instruction;
(3) include didactic coursework, which may be
presented in a classroom or independent study setting, or both, and clinical
coursework covering the following:
(i) infection
control and sterilization;
(ii) patient assessment, including the taking of
health histories, an oral inspection and evaluation, and charting;
(iii) radiographic techniques;
(iv) instrumentation techniques, including periodontal
procedures and instrument sharpening;
(v) current techniques in the polishing of teeth and
the application of fluoride;
(vi) patient education;
(vii) emergency situations; and
(viii) the current
(4) include final written and clinical evaluations
that require a minimum passing score of 75 percent.
(d) As a further condition of returning to the
practice of dental hygiene, the dental hygienist may be required to appear
before the board.
(e) A formerly retired or disabled dental hygienist
who is returning to the practice of dental hygiene, without the requirement of
a clinical examination, may not administer local anesthesia or nitrous oxide
until having completed courses of instruction in local anesthesia and nitrous
oxide approved by the board. (Authorized by K.S.A. 1999 Supp. 65-1431, as
amended by L. 2000, ch. 169, sec. 7 and K.S.A. 74-1406, as amended by L. 2000,
ch. 169, sec. 18; implementing K.S.A. 1999 Supp. 65-1431, as amended by L.
2000, ch. 169, sec. 7; effective Sept. 1, 2000.)
71-3-9. Extended care permits. (a)
Definitions.
(1)
“Extended care permit I” shall mean a permit issued pursuant to K.S.A.
65-1456(f), and amendments thereto.
(2)
“Extended care permit II” shall mean a permit issued pursuant to K.S.A.
65-1456(g), and amendments thereto.
(3)
“Extended care permit treatment” shall mean the treatment that a
hygienist may provide is the hygienist has a valid extended care permit I or
II.
(4)
“Patient assessment report” shall mean the report of findings and
treatment required by K.S.A. 65-1456(f)(6) or (g)(6), and the amendments
thereto.
(5)
“Sponsoring dentist” shall mean a dentist who fulfills the requirements
of K.S.A. 65-1456(f)(3) or (g)(3), and amendments thereto.
(b) Application for permit. Each applicant for an extended care permit I
or II shall file with the board a completed application on a form provided by
the board.
(c)
Notice of practice location to sponsoring dentist. Before provided extended care permit
treatment at a new location, each hygienist shall inform the sponsoring
dentist, orally or in writing, of the new address and the type of procedures to
be performed there.
(d)
Patient assessment reports.
(1) Each required patient assessment report shall
include a description of the extended care permit treatment, the date or dates
of treatment, and the hygienist’s assessment of the patient’s apparent need for
further evaluation by a dentist.
(2) No later than 30 days from the date on which
extended care permit treatment is completed, they hygienist providing the
treatment shall cause the required patient assessment report to be delivered to
the sponsoring dentist.
(3) When providing extended care permit treatment
at a location operated by an organization with a dental or medical
supervisor within 30 days from the date
on which the extended care permit treatment is completed.
(e)
Suspension of extended care permit treatment. If a hygienist’s sponsoring dentist cannot or
will not continue to function as a sponsoring dentist, the hygienist shall
cease provided extended care permit treatment until the hygienist obtains a
written agreement with a replacement sponsoring dentist.
(f)
Review of patient assessment reports.
A sponsoring dentist shall review each patient assessment report within
30 days of receiving the report.
(Authorized by K.S.A. 74-1406(e); implementing K.S.A. 2003 Supp.
65-1456; effective Sept. 17, 2004.)
Article 4.--CONTINUING EDUCATION
REQUIREMENTS
71-4-1. Continuing education credit
hours required for renewal license of dentist and dental hygienist. (a) Each dentist licensee shall submit to the board,
with the license renewal application, evidence of satisfactory completion of at
least 60 hours of continuing education courses that qualify for credit. Each
dentist licensee who holds a specialist certificate shall provide evidence
satisfactory to the board that at least 40 of the required 60 hours of
continuing education are in courses in the specialty for which the licensee
holds a specialist certificate. Each required course hour shall be completed in
the 24-month period immediately preceding the date of expiration of the
license. The term ``courses'' as used in article 4 of these regulations
includes courses, institutes, seminars, programs and meetings.
(b) Each dental hygienist licensee shall submit, with
the license renewal application, evidence of
satisfactory completion of a minimum of 30 hours of continuing dental education
courses that qualify for credit. Each course shall have been completed in the
24-month period immediately preceding the date of expiration of the dental
hygienist license.
(c) An extension of time to complete the dental
educational requirements may be
granted by the board if tit finds that good cause has been shown.
(Authorized
by K.S.A. 74-1406 and K.S.A. 65-1431, as amended by L. 1996, ch. 210, sec. 3;
implementing K.S.A. 65-1431, as amended by L. 1996, ch. 210, sec. 3; effective
May 1, 1978; amended May 1, 1986; amended March 27, 1989; amended Dec. 27, 1996,
Feb. 20, 2004.)
71-4-2. Approved continuing dental
education. The following general standards shall be used by the
board in determining which courses will qualify for continuing dental education
credits required as a condition for the annual renewal of dental and dental hygienist
licenses:
(a) Eligibility.
Only those courses which increase the dentist's or dental hygienist's
clinical and theoretical dental knowledge or ability to provide care and
treatment to patients shall qualify for credit in computing the required hours
of continuing dental education. Any person or organization may apply in writing
to the board for approval of any courses.
(b) Courses. Subject
to the eligibility standards set forth in paragraph (a) above, all courses,
both
within and without the state of
(1) any college or university;
(2) the American dental association, the national
dental association, or their component and
constituent societies and associations;
(3) the American dental hygienists association and
national dental hygienists association or their
component and constitutent societies and associations;
(4) the academies and specialty organizations
recognized by the dental board;
(5) local dental society and dental hygiene society
meetings;
(6) dental or dental hygiene study club meetings; and
(7) programs that are sponsored by the veterans
administration or the armed forces and given
at a
attendance at such courses.
(c) Advanced
study. A waiver of continuing dental education requirements shall be
granted if
a licensee is engaged as a full-time student in graduate study, internships or
a residency program in dentistry, any of the specialties of dentistry
recognized by the board, or dental hygiene.
(d) New
graduates. A waiver of the continuing dental education requirements shall
be granted
for the first year after a licensee graduates and becomes licensed.
(e) Lecturing,
presenting papers, or clinics, teaching.
Any licensee may receive a maximum of
10 hours of credit annually for any combination of lecturing, presenting papers
or clinics or teaching subjects related to dentistry and dental hygiene. Credit for teaching courses involving
repeated presentation of similar subject matters shall be limited to the time
spent in one presentation.
(f) Commercially
sponsored courses. Continuing dental education courses sponsored by any
person, corporation, association or other entity on a profit-making basis shall
be approved by the
board for continuing dental education credit subject to the eligibility
standards set forth in paragraph (a) above.
(g) Credit for programs of home study shall be allowed
for eligible courses based upon the hours
of continuing dental education credit established by the sponsor or producers
of the course, subject to prior review and determination of the allowable hours
of credit by the board.
(h) Credit may be granted, upon the application of any
licensee, for authorship of published
dental articles or books or for teaching any approved dental education course.
The hours of
credit to be allowed shall be determined by the board. The maximum number of
hours allowed
shall be:
(1) 10 hours for any single article;
(2) 20 hours for any book; and
(3) five hours for teaching a course.
(i) Disabled or retired dentists.
(1) The dental education requirements shall be waived
for licensees who are disabled or retired,
as those terms are defined by statute. In order to return to active practice,
after a period of disability or retirement, each licensee shall complete
continuing dental education credit hours according to the following schedule:
(A) Licensed dentists:
|
(i) |
Five
or more years disability or retirement |
100
hrs |