- House Committee Substitute -

HCS/SS/SCS/SB 1122 - This act modifies provisions relating to the practice of dentistry and the powers of the dental board.

The Dental Board is authorized to issue and enforce subpoenas, including subpoenas duces tecum. Board investigators are authorized to inspect any person or entity licensed or permitted by the board, including all facilities and equipment related to the delivery of dental care or the making of dental prostheses. The investigators may also inspect clinical and administrative records related to the dental care of patients. The definition of the "practice of dentistry" is modified to include persons who interfere with the dentist's independent professional judgement as well as persons who review patient data in order to make judgements or decisions about the quality of dental care rendered to a patient.

The act provides that nothing shall make it unlawful for dental hygiene students and persons practicing dentistry in county health departments, certain federally qualified health centers or migrant, community or health care for the homeless health centers to provide appropriate services without a license or registration.

Certain not-for-profit corporations may provide dental services if such corporation employs personnel licensed in this state and serves certain low-income populations. The act lists organizations and corporations which are exempted from the income restrictions. The corporation shall not interfere with a licensed dentist's professional judgement and must apply for a permit from the Dental Board to employ licensed dental personnel to render dental services. No fee shall be charged for the issuance or renewal of a permit. The permitted corporation shall be subject to discipline in the same manner as any other licensee of the board. Federally qualified health centers (FQHC) are exempted from the requirement to obtain a permit. Instead, the FQHC must register with the board. The registration is not subject to discipline, but licensees of the board are subject to discipline for actions taken while working at the FQHC. No fee may be charged for the registration.

The act authorizes the board to seek injunctive relief against a corporation or other entity and creates a new basis for seeking injunctive relief relating to interference by a person or entity with the professional judgement of a licensed dentist.

The determination of whether a service provided to a patient is covered or reimbursable under a dental benefit plan is not the practice of dentistry and not subject to the provisions of the dental practice act.

The act makes it cause for discipline of a physical therapist's license to practice independent of the prescription and direction of a physician, dentist or podiatrist licensed and practicing in another state.

The act authorizes a physical therapist practice pursuant to the prescription and direction of a physician, dentist or podiatrist licensed and practicing in another state.

JIM ERTLE