Statutes and Regulations and
Related Law
Relating to
Dentists
and
Dental Hygienists
Revised
March 2006
INDEX
Chapter 65 - Public Health
Article 14 - Regulation of Dentists and Dental
Hygienists Page
K.S.A. 65-1421 License Required to Practice Dentistry or Dental
Hygiene 5
65-1422 Who Deemed to be Practicing Dentistry 5
,6
65-1423
Act Inapplicable
to Certain Practices, Acts and Operation;
Definitions 6,
7
65-1424 Proprietor Defined; Revocation of License,
when 7, 8
65-1425 Corporation not to Practice Dentistry;
Exception; Employee 8
to
Display Name
65-1426 Application for License; Qualifications of
Applicants; Approval 8
of
65-1427
Specialists;
Standards and Qualifications; Certificate Fee; Limiting 8, 9
Practice;
Misdemeanor; Suspension or Revocation of License
65-1428 Examination of Applicants; Examination
Subjects and Results; 9
Licenses
65-1429 Subsequent Examination Upon Failure to Pass;
Fee 10
65-1430 Display of Name of Certificates 10
65-1431
Renewal of
License; Application; Continuing Education; Biennial 10
License
Renewal Fee; Cancellation and Reinstatement; Penalty Fee;
Waiver
for Retired or Disabled Persons; Examination for Persons
Returning
to Active Practice after Retirement or Disability
65-1431a Reinstatement of a
revoked license; application form; burden of 11
proof; conditions and restrictions; proceedings; stay
of order of
revocation of license.
65-1432 Change of Practice Location Address 11
65-1433 Duplicate Certificate; Fee 11
65-1434 Licenses Issued without Examination; Qualifications
of Applicants; 12, 13
Appearance before Board; "Applicant"
defined
65-1435 Improper Use of Certain Names by Dentists;
Exceptions; Suspension 13
or Revocation of License; (d) personally present in
the office (50% Rule)
65-1436 Grounds for refusal to Issue License or for
Action Against License 14, 15
of Dentist or Dental Hygienist; Disciplinary Action
by Board; Notice
and Hearing; Professionally Incompetent defined;
Physical or Mental
Examination
65-1437 Advertising; Prohibitions; Rules and Regulations;
"Licensee" defined 15
65-1438 Using
Services of Unlicensed Person; Written Prescription; 16
Misdemeanors;
Suspension or Revocation of License
65-1439 Unlawful Advertising or Use of Dental
Services and Appliances; 16
Misdemeanor; Revocation of License
65-1441
Certificate; Misdemeanor; Fraud or Cheating
65-1442 Board to Assist Prosecuting Officers 17
65-1444 Drugs; Surgery; Anaesthetics; Appliances;
Qualifications for 17
Administering Intravenous Sedation and General
Anesthetics; Rules
and Regulations; Assistant Administering and
Monitoring Nitrous
Oxide or Oxygen, requirements
65-1445 Druggists may fill Prescriptions 17
65-1446 Title and Letters 17
65-1447 Fees; fixed by Board; Guidelines and
Limitations 17,
18
65-1448 Wartime Fee Remittance Rules 18
65-1449 Revocation or Suspension of License, Statement
of Charges; 18
Emergency Adjudication; Temporary Suspension or
Limitation
65-1451 Injunctions 18,
19
65-1452 Subpoenas and Testimony 19
65-1453 Taking of Depositions 19
65-1454 Witnesses; Incriminating Testimony Compelled;
Exempt from 19
Prosecution
65-1455 Licensing of Dental Hygienists; Examination,
Fee; Annual 19, 20
Registration Fee; Qualifications; Display of License;
Approval of
Schools of Dental Hygiene, Criteria; Unlawful
Practice of Dental
Hygiene, Penalties
65-1456 Dental Hygienists; Suspension or Revocation
of Licenses, when; 20-22
Notice and Hearing; Practice of Dental Hygiene
defined; Rules and
Regulations; Supervision defined; Issuance of
Permits; Authorized
Activities,
Requirements;
(f) Extended
Care Permit II 21
(g)
(1) Extended Care Permit I 21
65-1457 Same: Duty to Register 22
65-1458 Dentists and Dental Hygienists; Revocation or
Suspension of 22
Licenses; Hearing; Review
65-1459 Dental Interns, Rules and Regulations;
Revocation of Permits 22,
23
65-1460 Penalties for Violations 23
65-1461 Invalidity of Part 23
65-1462 Immunity from Liability in Civil Actions for
Reporting,
Communicating
and investigating Certain Information Concerning
Alleged
Malpractice Incidents and Other Information; Conditions
65-1464 Citation of Dental Practices Act 23
65-1465 Denture or Dental Prosthesis to be marked
with Name or Social 24
Number, or both, of Patient
65-1466 Dental Services for Dentally Indigent Persons;
Entities Authorized 24
to Employ or Contract with Persons Licensed under
Dental Practices
Act for such services; Requirements for Retired
Dentists Providing
Such Dental Services
65-1467 Dental Board Complaints and Related
Information confidential, 24,
25
limited disclosure authorized
65-1468 Professional liability
insurance required to practice dentistry 25
65-1469
Application of this section 25,
26
Article 14.-Kansas Dental Board
74-1404
Vacancies
74-1405 Officers; Seal; Meetings; Office; Service of
Process; Compensation 27
and Expenses; Secretary-Treasurer, Duties and
Compensations;
National Affiliation; Disposition of Moneys; Dental
Board Fee Fund
74-1406 Powers and Duties 28
74-1407 Record Book of Licensees; Copy as Evidence;
Fee for Certified 28
Copies; Approval
74-1408 Report to Legislature on Plans
for Increasing Number of Dental 28
Hygienists
Article 1 – Examinations
K.A.R. 71-1-4 Requirements for Re-Examination 29
71-1-9 Examination on Dental Law of
71-1-15 Dental recordkeeping requirements 30
71-1-18 Sterilization and Infection Control 30-32
71-1-19 Pro-ration of Fees 32
71-1-20 Reinstatement of License Fee 32
71-1-21 Suspension, Termination, or Denial of
Licensee's Authority 32,
33
to Practice When Found in Contempt of Court pursuant
to
K.S.A. 20-1204a(f).
Article 2 - Specialists
71-2-2 Branches of Dentistry 33
71-2-3 Committee for Specialists Examination 34
71-2-5 Qualifications and Requirements of an Applicant for
Certification 34
as a Specialist
71-2-7 Additional Requirements and Qualifications for Specialist 35
71-2-11 Revocation of Specialist Certificate 35
Article 3 - Dental Hygienists
71-3-1 Prohibited Advertising 35
71-3-2 Permitted Advertising 35
71-3-4 Duty to Notify Board as to Residence and Office Address 35
71-3-7 Procedures that may be Performed under General Supervision 36
71-3-8 Refresher Course 36
71-3-9 Extended Care Permits 36,
37
Article 4 - Continuing Education Requirements
71-4-1 Continuing Education Credit Hours Required for Renewal License 37
of Dentist and Dental Hygienist
71-4-2 Approved Continuing Dental Education 37, 38
71-4-3 Continuing Dental Education Reports 38
Article 5 - Sedative and General Anaesthesia
71-5-1 Sedative and General Anaesthesia-Definitions 38,
39
71-5-2 Level I and II Permits; Scope of Treatment 39
71-5-3 Level I Permit Requirements 39
71-5-4 Level II Permit Requirements 39,
40
71-5-5 Level I and II Permits; General Requirements and Procedures 40
71-5-6 Level I and II Permits; Revocation, Suspension or Limitation 40
Article 6 - Dental Auxiliaries
71-6-1 Dental Auxiliaries-Definitions 41
71-6-2 Acts Restricted 41
71-6-3 Approved Instruction Course 41
71-6-4 Subgingival Scaling 41
71-6-5 Duty to Notify Board 42
71-6-6 Coronal Polishing 42
Article 7 – Advertising
71-7-1 Prior submission to the board 42
Article 8 –
71-8-1 Applicability of other regulations 42
71-8-2 Registration fee 42
71-8-3 Renewal of registration 42
71-8-4 Office address and telephone number 42
71-8-5 Written procedures; communication; conformity with requirements;
driver requirements; consent forms; follow-up
treatment 43
71-8-6
Identification of
personnel; notification of changes in written
procedures;
display of licenses 43
71-8-7 Identification of location of services 43
71-8-8 Information for patients 43,
44
71-8-9 Cessation of operations 44
Related Laws
38-1522 Reporting of Certain Abuse or Neglect of
Children; Persons 44,
45
Reporting; Reports, made to Whom; Penalties to Report
or
Interference with making a Report
68-20-18 Information Concerning
Prescriptions 45-47
68-20-19 Controlled
Substances listed in Schedule II 47,
48
65-4921 Risk Management-Definitions 48,
49
65-4923 Reporting Requirements 49,
50
65-4924 Reports Relating to Impaired Providers;
Procedures 50,
51
65-4926 Immunity from Civil Liability for Report or
Investigation, Limits 51
65-4927 Failure to Report; Remedies; Immunity from
Civil Liability 51
74-146 Licensing Bodies; Procedures to Suspend or Terminate a
Professional 51, 52
License
74-147 Notice of Contempt, Warrant or Subpoena Outstanding to Licensing 52
Body; Temporary License; Ability to Revoke or
Suspend; Court
Jurisdiction
20-1204a Indirect Contempt;
Procedure 52-54
Chapter 65.
--PUBLIC HEALTH
Article 14. --REGULATION OF DENTISTS AND
DENTAL HYGIENISTS
K.S.A. 65-1421. License
required to practice dentistry or dental hygiene. It shall be unlawful for
any person to practice dentistry or dental hygiene in the state of
(a) Those who are now duly licensed dentists, pursuant
to law;
(b) those who are now duly licensed dental hygienists,
pursuant to law;
(c) those who may hereafter be duly licensed as
dentists or dental hygienists, pursuant to the provisions of this act.
History: L. 1943, ch. 221, § 4; L. 2000, ch. 169, § 1; July 1.
Source or prior law:
65-1401,
65-1404.
Research and Practice Aids:
Physicians
and Surgeons (West Key) 5(1).
C.J.S.
Physicians and Surgeons § 6 et seq.
Attorney General's Opinions:
Act
inapplicable to certain practices, acts and operations; exceptions. 89-70.
CASE ANNOTATIONS
1.
Section applied; defendant in violation of permanent injunction. Bongers v.
Madrigal, 1 K.A.2d 198, 563 P.2d 515.
Law Review and Bar Journal References:
"Reconsidering
the Regulation of Health Professionals in
Attorney General's Opinions:
Dental
act not applicable to certain practices, acts and operations. 95-29.
Board
of dental examiners; changing number of members constituting a quorum. 96-32.
65-1422. Persons deemed
to be practicing dentistry. A person shall be deemed to be practicing
dentistry:
(a) Who performs, or attempts or professes to perform,
any dental operation or oral surgery or dental service of any kind,
gratuitously or for a salary, fee, money or other remuneration paid, or to be
paid directly or indirectly, to such person or to any other person or agency
who is a proprietor of a place where dental operations, oral surgery or dental
services are performed; or
(b) who directly or indirectly, by any means or
method, takes impression of the human tooth, teeth, jaws or performs any phase
of any operation incident to the replacement of a part of a tooth; or
(c) who supplies artificial substitutes for the
natural teeth, or who furnishes, supplies, constructs, reproduces or repairs
any prosthetic denture, bridge, appliance or any other structure to be worn in
the human mouth, except on the written prescription of a licensed dentist; or
(d) who places such appliance or structure in the
human mouth, or adjusts or attempts or professes to adjust the same, or
delivers the same to any person other than the dentist upon whose prescription
the work was performed; or
(e) who professes to the public by any method to
furnish, supply, construct, reproduce or repair any prosthetic denture, bridge,
appliance or other structure to be worn in the human mouth; or
(f) who diagnoses, or professes to diagnose, prescribe
for, or professes to prescribe for, treats, or professes to treat, disease,
pain, deformity, deficiency, injury or physical condition of the human teeth or
jaws, or adjacent structure; or
(g) who extracts, or attempts to extract, human teeth,
or corrects or attempts to correct, malformations of teeth or of the jaws; or
(h) who repairs or fills cavities in the human teeth;
or
(i) who diagnoses, makes and adjusts appliances to
artificial casts or malposed teeth for treatment of the malposed teeth in the
human mouth, with or without instruction; or
(j) who uses a roentgen or x-ray machine for the
purpose of taking dental x-rays or roentgenograms; or
(k) who gives, or professes to give, interpretations
or readings of dental x-rays or roentgenograms; or
(l) who administers an anesthetic of any nature in
connection with a dental operation; or
(m) who uses the words dentist, dental surgeon, oral
surgeon, or the letters D.D.S., D.M.D., or any other words, letters, title or
descriptive matter which in any way represents oneself as being able to
diagnose, treat, prescribe or operate for any disease, pain, deformity,
deficiency, injury or physical condition of the teeth or jaws or adjacent
structures; or
(n) who states, or professes, or permits to be stated
or professed by any means or method whatsoever that such person can perform or
will attempt to perform dental operations or render a diagnosis connected
therewith.
History: L. 1943, ch. 221, § 5; L. 2000, ch. 169, § 2; July 1.
Source or prior law:
65-1405.
Research and Practice Aids:
Physicians
and Surgeons (West Key) 6(2).
C.J.S.
Physicians and Surgeons §§ 10, 23.
Attorney General's Opinions:
Act
inapplicable to certain practices, acts and operations; exceptions. 89-70.
Attorney General's Opinions:
Dental
hygienists; dental hygiene practice defined; rules and regulations;
supervision; permits for dental screening. 93-151.
CASE ANNOTATIONS
1.
Dental board has authority to reinstate previously revoked license although no
express statutory language so provides. Pitts v.
65-1423. Act
inapplicable to certain practices, acts and operations; definitions. (a)
Nothing in this act shall apply to the following practices, acts and
operations:
(1) To the practice of a person licensed to practice
medicine and surgery under the laws of this state, unless such person practices
dentistry as a specialty;
(2) to the performance by a licensed nurse of a task
as part of the administration of an anaesthetic for a dental operation under
the direct supervision of a licensed dentist or person licensed to practice
medicine and surgery so long as the anaesthetic given under the direct
supervision of a licensed dentist is consistent with the anaesthetic the
dentist is authorized to administer under K.S.A. 65-1444 and amendments thereto
and consistent with subsection (a) of K.S.A. 65-1162 and amendments thereto and
subsection (e) of K.S.A. 65-1163 and amendments thereto;
(3) to the giving by a registered nurse anesthetist of
an anaesthetic for a dental operation in an interdependent role as a member of
a physician or dentist directed health care team;
(4) the practice of dentistry in the discharge of
their official duties by graduate dentists or dental surgeons in the
(5) the practice of dentistry by a licensed dentist of
other states or countries at meetings of the Kansas state dental association or
components thereof, or other like dental organizations approved by the board,
while appearing as clinicians;
(6) to the filling of prescriptions of a licensed
dentist as hereinafter provided by any person or persons, association,
corporation or other entity, for the construction, reproduction or repair of
prosthetic dentures, bridges, plates or appliances to be used or worn as
substitutes for natural teeth, provided that such person or persons,
associations, corporation or other entity, shall not solicit or advertise,
directly or indirectly by mail, card, newspaper, pamphlet, radio or otherwise,
to the general public to construct, reproduce or repair prosthetic dentures,
bridges, plates or other appliances to be used or worn as substitutes for
natural teeth;
(7) to the use of roentgen or x-ray machines or other
rays for making radiograms or similar records, of dental or oral tissues under
the supervision of a licensed dentist or physician except that such service
shall not be advertised by any name whatever as an aid or inducement to secure
dental patronage, and no person shall advertise that such person has, leases,
owns or operates a roentgen or x-ray machine for the purpose of making dental
radiograms of the human teeth or tissues or the oral cavity, or administering
treatment thereto for any disease thereof;
(8) except as hereinafter limited to the performance
of any dental service of any kind by any person who is not licensed under this
act, if such service is performed under the supervision of a dentist licensed
under this act at the office of such licensed dentist except that such
nonlicensed person shall not be allowed to perform or attempt to perform the
following dental operations or services:
(A) Any and all removal of or addition to the hard or
soft tissue of the oral cavity;
(B) any and all diagnosis of or prescription for
treatment for disease, pain, deformity, deficiency, injury or physical
condition of the human teeth or jaws, or adjacent structure;
(C) any and all correction of malformation of teeth or
of the jaws;
(D) any and all administration of general or local
anesthesia of any nature in connection with a dental operation; or
(E) a prophylaxis, except that individuals who are not
licensed but who are operating under the direct supervision of a dentist may
(i) coronal polish teeth as defined by rules and regulations of the board and
(ii) coronal scale teeth above the gum line as long as such procedure is not
performed on a patient who has undergone local or general anesthesia at the
time of the procedure, is undertaken by a nonlicensed person who has
successfully completed necessary training for performing such dental procedure
in a course of study approved by the board, which course of study is consistent
with American dental association accreditation standards and includes but is
not limited to adequate instruction on scaling the teeth and recognition of
periodontal disease, is undertaken by a person who has met the experience
requirements for performing such procedures as established by the board;
(9) the practice of dentistry by a dental student, the
practice of dental hygiene by a dental hygiene student or the performance of
duties permitted under the dental practices act to unlicensed persons by a
dental assisting student, provided that (i) the procedures are performed as
part of the educational program of dental, dental hygiene or dental assisting
that has been approved by the board and in a facility operated or overseen by
the approved program and (ii) the
student is under the supervision of a dentist or dental hygienist who is either
licensed in the state of Kansas or who is eligible to be licensed in Kansas and
has an application to be licensed in Kansas pending, serving as a faculty
member of the program;
(10) the actions of persons while they are taking
examinations for licensure administered or approved by the board; or
(11) the actions of persons while administering examinations
approved by the board.
(b) As used in this section:
(1) "Removal of or addition to the hard or soft
tissue of the oral cavity" means: (A) A surgical or cutting procedure on
hard or soft tissues; (B) the grafting of hard or soft tissues; (C) the final
placement or intraoral adjustment of a fixed crown or fixed bridge; and (D)
root planing or the smoothing of roughened root surfaces.
(2) "Diagnosis of or prescription for treatment
for disease, pain, deformity, deficiency, injury or physical condition of the
human teeth or jaws or adjacent structure" means: (A) A comprehensive
examination; (B) diagnosis and treatment planning; and (C) the prescription of
a drug, medication or work authorization.
(3) "Correction of malformation of teeth or the
jaws" means surgery, cutting or any other irreversible procedure.
(4) "General or local anesthesia of any nature in
connection with a dental operation" means any general anaesthetic and any
local anaesthetic whether block or infiltration but shall not include the administration
and monitoring of the analgesic use of nitrous oxide or oxygen, or both.
History: L. 1943, ch. 221, § 6; L. 1967, ch. 341, §1; L. 1994,
ch. 169, § 1; L. 1997, ch. 30, § 1; L. 1998, ch. 141, § 1; L. 2000, ch. 169, §
3; L. 2001, ch. 145, §1, July 1.
Source or prior law:
65-1405.
Attorney General's Opinions:
Act
inapplicable to certain practices, acts and operations; exceptions. 89-70.
Attorney General's Opinions:
Dental
hygienists; dental hygiene practice defined; rules and regulations; supervision;
permits for dental screening. 93-151.
Dental
act not applicable to certain practices, acts and operations. 95-29.
Scaling
and coronal polishing performed by an unlicensed dental assistant; regulation
of dental assistants. 1998-50.
CASE ANNOTATIONS
1. Noted in dissent assertion that expert witness licensed in different profession from defendant should not be allowed to testify in medical malpractice action. Tompkins v. Bise, 259 K. 39, 52, 910 P.2d 185 (1996).
65-1424. Proprietor
defined; revocation of license, when. The term "proprietor" as
used in this act includes any person who:
(a) Employs dentists or dental hygienists in the
operation of a dental office; or
(b) places in possession of a dentist or dental
hygienists or other agent such dental material or equipment as may be necessary
for the management of a dental office on the basis of a lease or any other
agreement for compensation for the use of
such material, equipment or offices; or
(c) retains the ownership or control of dental
equipment or material or office and makes the same available in any manner for
the use by dentists or dental hygienists or other agents except that nothing in
this subsection (c) shall apply to bona fide sales of dental equipment or
material secured by a chattel mortgage or retain title agreement.
A licensee of dentistry who enters into any of the
above-described arrangements with an unlicensed proprietor may have such
license suspended or revoked by the board.
The estate or agent for a deceased or substantially
disabled dentist may employ dentists, for a period of not more than one year,
to provide service to patients until the practice can be sold.
History: L. 1943, ch. 221, § 7; L. 1996, ch. 85, § 1; L. 2000,
ch. 169, § 4; July 1.
Attorney
General's Opinions:
Dentally indigent person; entities authorized to
employ or contract with licensees under dental practices act for services for
such persons. 97-84.
65-1425. Corporations
not to practice dentistry; exception; employee to display name. Except as
provided in K.S.A. 17-2706 et seq.,
no corporation shall practice, offer, or undertake to practice or hold it out
as practicing dentistry. Every person practicing dentistry as an employee of
another shall cause his name to be conspicuously displayed and kept in a
conspicuous place at the entrance of the place where such practice is
conducted: Provided, however, That
nothing herein contained, shall prohibit a licensed dentist from practicing
dentistry as the agent or employee of another licensed dentist in this state,
or from practicing dentistry as the agent or employee of any state hospital or
state institution where his only remuneration is from the state, or from any
corporation which provides dental service for its employees at no profit to the
corporation.
History: L. 1943, ch. 221, § 8; L. 1974, ch. 250, § 1; July 1.
Source or
prior law:
65-1416.
Research and
Practice Aids:
Corporations (West Key) 370(1).
C.J.S. Corporations § 941.
65-1426. Application
for license; temporary license; qualifications
of applicants; approval of dental schools or colleges.
(a) Except as otherwise provided in subsection (c) or subsection
(d), every person who desires to practice dentistry in this state shall file
with the executive director of the board a written application for a license,
and furnish satisfactory proof that the applicant is at least 21 years of age,
of good moral character and a graduate of a dental school or college approved
by the board. Such application shall be upon the form prescribed and furnished
by the board and verified by the oath of the applicant and shall be accompanied
by the required fee and a recent unmounted, autographed photograph of the
applicant.
(b) The board shall approve only those dental schools
or colleges which require the study of dentistry and dental surgery and which
the board determines have standards of education not less than that required
for accreditation by the commission on dental accreditation of the American
dental association or its equivalent.
(c) Notwithstanding the provisions of subsection (a),
the board shall consider an application of: Any graduate of a dental school
which has not been approved by the board if the applicant successfully
completes a course of remedial or refresher instruction offered by a dental
school or college where both the course and the school have been approved by
the board.
(d) Any
graduate of an accredited dental school, dental college or dental department of
a college or university, who: (1) Has a D.D.S. or D.M.D. degree and is
otherwise qualified; (2) is not licensed to practice dentistry in Kansas; and
(3) holds a license to practice in the state from which they are applying, upon
application, may be issued a temporary license of not more than 14 calendar
days to provide dental services under subsection (f)(4) of K.S. A. 75-6102, and
amendments thereto.
(e) The board is hereby authorized and empowered to
adopt such further rules in regard to the qualifications of applicants for
licensure, not in conflict with this section, as it from time to time may deem
necessary and proper.
(f) The board shall adopt rules and regulations
establishing the criteria which a school shall satisfy in meeting the standards
of education established under subsection (b). The board may send a
questionnaire developed by the board to any school for which the board does not
have sufficient information to determine whether the school meets the
requirements of subsection (b) and rules and regulations adopted under this
section. The questionnaire providing the necessary information shall be
completed and returned to the board in order for the school to be considered
for approval. The board may contract with investigative agencies, commissions
or consultants to assist the board in obtaining information about schools. In
entering such contracts the authority to approve schools shall remain solely
with the board.
History: L. 1943, ch. 221, § 9; L. 1978, ch. 237, § 1; L.
1981, ch. 246, § 1; L. 1983, ch. 209, § 1; L. 1988, ch. 243, § 4; L. 2002, ch.
38, subsection 1; L. 2003, ch. 82, subsection 1; July 1.
65-1427. Specialists;
standards and qualifications; certificate fee; limiting practice; misdemeanor;
suspension or revocation of license. (a) No dentist shall announce or hold
out to the public that such dentist is a specialist, or is specially qualified
in any particular branch of dentistry, or as giving special attention to any
branch of dentistry, or limiting such dentist's practice to any branch of
dentistry, unless such dentist has complied with additional requirements
established by the board, and has been issued a certificate of qualification
authorizing such dentist to do so.
(b) The board is hereby empowered to establish higher
standards and additional requirements for any dentist who desires to announce
or hold out to the public that such dentist is specially qualified in any
particular branch of dentistry. The board is hereby empowered to give such
examination as it may deem necessary to determine the qualifications of applicants
and may secure such assistance as the board may deem advisable in determining
the qualifications of applicants.
(c) Upon application to the board of any licensed
dentist in this state, the board may issue a certificate of qualification to
such dentist authorizing the applicant to hold out, or to announce, to the
public that such dentist is specially qualified in, or limits such dentist's
practice to, or gives special attention to any one of the recognized branches
of dentistry. The application to the board shall be upon such form and contain
such information as the board may require and shall be accompanied by a
certificate fee to assist in defraying the expenses in connection with the
issuance of such certificates of qualification fixed by the board pursuant to
K.S.A. 65-1447.
(d) Any dentist holding a certificate of qualification
under this section of the act may announce the limitation of such dentist's
practice by using such terms and in such manner as the board may approve,
together with the name of such branch of dentistry for which such dentist is
authorized to hold out to the public that such dentist has special
qualifications. Any dentist who shall hold out, or announce in any manner, by
the use of any terms signifying or indicating to the public that such dentist's
practice is limited, or is specially qualified in any particular branch of
dentistry, or that such dentist gives special attention to any particular
branch of dentistry, or shall use equivalent words or phrases to announce the
same, without having obtained a certificate of qualification therefor, shall be
guilty of a misdemeanor, and the license of such dentist to practice dentistry
shall be subject to suspension or revocation. Any announcement in the manner
indicated in this section shall be prima facie evidence that such dentist is
practicing in one branch of dentistry.
History: L. 1943, ch. 221, § 10; L. 1953, ch. 289, § 1; L.
1980, ch. 189, § 1; July 1.
Research and Practice Aids:
Physicians
and Surgeons (West Key) 4, 6(2), 11(2).
C.J.S.
Corporations § 956; Physicians and Surgeons §§ 10, 17, 23.
65-1428. Examination of
applicants; examination subjects and results; licenses. (a) Each applicant
for licensure as a dentist shall be examined by the board or by a testing
organization or an organization of one or more state boards formed for the
purpose of conducting a standard clinical examination of candidates for
licensure as dentists if the board has approved each such organization and
determined that the examinations given meet the requirements of this act. For
such testing organizations or organization of one or more state boards that
certify the test results for a limited period of time, the examination must
have been taken and passed no longer before the date of application than the certification
period. All examinations provided for in this act shall be conducted in a fair
and wholly impartial manner. The examination shall be both theoretical and
clinical, and shall thoroughly test the qualifications of each applicant to
practice dentistry.
(b) The examination shall include the following
subjects: Pathology, radiology, bacteriology, treatment planning, clinical
dentistry, operative dentistry, prosthetics, crown and bridge technique,
orthodontia, materials in dentistry, diet and nutrition, oral hygiene and
prophylaxis, preventive medicine, peridontia, anesthesia, oral surgery, oral
medicine, principles of medicine and pharmacology, anatomy, physiology,
histology, chemistry, embryology and such subdivisions of these general
subjects as relate to the practice of dentistry and laws of this state
regulating the practice of dentistry.
The results of all such examinations shall be filed
with the executive director of the board and kept for reference and inspection
for a period of not less than two years.
(c) Each applicant who has attained a passing grade on
each examination required by the board and has met all other requirements for
licensure set forth in this act shall be granted a license by the board. Every
license issued under this act shall be in the form prescribed by the board. A
license to practice dentistry shall not be construed as a property right, but a
valuable right contingent upon the practice of the licensee in accordance with
the provisions of law relating to the practice of dentistry and any rules and
regulations adopted pursuant thereto.
History: L. 1943, ch. 221, § 11; L. 1983, ch. 209, § 2; L.
2000, ch. 169, § 5; L. 2002, ch 38, §2, July 1.
Source or prior law:
65-1404,
65-1404a.
Research and Practice Aids:
Physicians
and Surgeons (West Key) 5(2).
C.J.S. Physicians and Surgeons §§ 13, 23.
65-1429. Subsequent
examination upon failure to pass; fee. Any applicant who fails to pass one
or more sections of an examination given or approved by the board upon the
first trial shall have a right to retake the examination. Any applicant who
fails to pass the examination upon the first trial may be given credit for such
sections of the examination as the board determines have been successfully
completed by the applicant, but such credits shall be extended only to the
succeeding examination. If the applicant shall fail to pass the examination on
the second trial the applicant shall complete such additional or remedial
instruction and training as the board shall, by rules and regulations, require
prior to a third trial. After the third trial the board, within its discretion,
may deny the applicant another examination.
History: L. 1943, ch. 221, § 12; L. 1955, ch. 290, § 1; L.
1980, ch. 189, § 2; L. 1983, ch. 209, § 3; July 1.
Source or prior law:
65-1404a.
65-1430. Display of
name and license. Every practitioner of dentistry within the meaning of
this act shall post and keep conspicuously displayed the dentist's name,
license and current license renewal certificate in each office in which the
dentist practices, in plain sight of patients, and if there is more than one
dentist practicing or employed in any office the manager or proprietor of such
office shall post or display, or cause to be posted and displayed, in like
manner the name and license of each dentist so practicing or employed in such
office.
History: L. 1943, ch. 221, § 14; L. 2000, ch. 169, § 6; July
1.
Source or prior law:
65-1419.
65-1431. Renewal of
license; application; continuing education; biennial license renewal fee; cancellation;
penalty fee; waiver for retired or disabled persons; examination for persons
returning to active practice after retirement or disability. (a) On or
before December 1 of each even-numbered year, each licensed dentist shall
transmit to the secretary of the board a renewal application, upon a form
prescribed by the board, which shall include such licensee's signature,
post-office address, office address, the number of the license of such
licensee, whether such licensee has been engaged during the preceding licensure
period in active and continuous practice, whether within or without this state,
and such other information as may be required by the board, together with the
biennial licensure fee for dentists which is fixed by the board pursuant to
K.S.A. 65-1447 and amendments thereto.
(b) On or before December 1 of each odd-numbered year,
each dental hygiene licensee of the Kansas dental board shall transmit to the
secretary of the board a renewal application, upon a form prescribed by the
board, which shall include such licensee's signature, post office address, the
number of the license of such licensee, whether such licensee has been engaged
during the preceding licensure period in active and continuous practice whether
within or without this state, and such other information as may be required by
the board, together with the biennial licensure fee for a dental hygienist
which is fixed by the board pursuant to K.S.A. 65-1447 and amendments thereto.
(c) The board shall require every licensee to submit
with the renewal application evidence of satisfactory completion of a program
of continuing education required by the board. The board by duly adopted rules
and regulations shall establish the requirements for such program of continuing
education as soon as possible after the effective date of this act. In
establishing such requirements the board shall consider any existing programs
of continuing education currently being offered to such licensees.
(d) Upon fixing the biennial license renewal fee, the
board shall immediately notify all licensees of the amount of the fee for the
ensuing licensure period. Upon receipt of such fee and upon receipt of evidence
that the licensee has satisfactorily completed a program of continuing
education required by the board, the licensee shall be issued a renewal license
authorizing the licensee to continue to practice in this state for a period of
two years.
(e) (1) Any license granted under authority of this
act shall automatically be canceled if the holder thereof fails to apply for
and obtain renewal prior to March 1 of the year following the December in which
a renewal application is due.
(2) Any licensee whose license is required to be
renewed for the next biennial period may obtain renewal, prior to February 1,
by submitting to the board the required renewal application, payment of the
biennial renewal fee and proof that such licensee has satisfactorily completed
a program of continuing education required by the board. Any licensee whose
license is required to be renewed for the next biennial period may obtain
renewal, between February 1 and March 1, by submitting to the board the
required renewal application, payment of the biennial renewal fee, payment of a
penalty fee of not to exceed $500 as fixed by rules and regulations by the
board and proof that such licensee has satisfactorily completed a program of
continuing education required by the board. The penalty fee in effect
immediately prior to the effective date of this act shall continue in effect
until rules and regulations establishing a penalty fee under this section
become effective.
(f) Upon failure of any licensee to pay the applicable
renewal fee or to present proof of satisfactory completion of the required
program of continuing education by February 1 of the year following the
December in which a renewal application is due, the board shall notify such
licensee, in writing, by mailing notice to such licensee's last registered
address. Failure to mail or receive such notice shall not affect the
cancellation of the license of such licensee.
(g) The board may waive the payment of biennial fees
and the continuing education requirements for the renewal of licenses without
the payment of any fee for a person who has held a Kansas license to practice
dentistry or dental hygiene if such licensee has retired from such practice or
has become temporarily or permanently disabled and such licensee files with the
board a certificate stating either of the following:
(1) A retiring licensee shall certify to the board
that the licensee is: (A) not engaged, except as provided in K.S.A. 2000 Supp.
65-1466 and amendments thereto, in the provision of any dental service, the
performance of any dental operation or procedure or the delivery of any dental
hygiene service as defined by the statutes of the state of Kansas; or
(2) a disabled licensee shall certify to the board that such licensee is no longer engaged in the provision of dental services, the performance of any dental operation or the provision of any dental hygiene services as defined by the statutes of the state of Kansas by reason of any