HB201: relative to the definition of the practice of dentistry.

HB 201 - AS INTRODUCED

2003 SESSION

03-0155

10/01

HOUSE BILL 201

AN ACT relative to the definition of the practice of dentistry.

SPONSORS: Rep. Langley, Rock 88

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill changes the definition of practice of dentistry in the regulation of dentists and dentistry.

This bill is a request of the board of dental examiners.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0155

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the definition of the practice of dentistry.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Practice of Dentistry. RSA 317-A:20 is repealed and reenacted to read as follows:

317-A:20 Practice of Dentistry.

I. The practice of dentistry shall mean the evaluation, diagnosis, prevention, or treatment by surgical, non-surgical or related procedures of diseases, disorders, or conditions of the oral cavity, maxillofacial area, or the adjacent and associated structures and their impact on the human body.

II. A person shall be regarded as practicing dentistry within the meaning of this chapter who:

(a) Uses or permits to be used, directly or indirectly, for profit or otherwise, for that person or for any other person, in connection with the person's name, the word "dentist", or "dental surgeon", or the title "D.D.S." or "D.M.D.", or any other words, letters, titles, or descriptive matter, personal or not, which directly or indirectly imply the practice of dentistry;

(b) Owns, leases, maintains, or operates a dental business in any office or other room or rooms where dental operations are performed, or directly or indirectly is manager, proprietor, or conductor of the same, unless the activity in no way controls, restricts, or otherwise affects the professional judgment of dentists;

(c) Supervises a dentist within the scope of the definition of the practice of dentistry;

(d) Directly or indirectly informs the public in any language, orally, in writing, or in printing, or by drawings, demonstrations, specimens, signs, or pictures that the person can perform or will attempt to perform dental operations of any kind;

(e) Undertakes, by any means or method, including by use of electronic media, gratuitously or for a salary, fee, money, or other reward paid or granted directly or indirectly to that person or to any other person, to evaluate, diagnose, prevent or treat, or profess to evaluate, diagnose, prevent, or treat diseases, disorders, or conditions of the oral cavity, maxillofacial area, or the adjacent and associated structures and their impact on the human body;

(f) Except on the written prescription of a duly licensed dentist and by the use of impressions or casts made by a duly licensed and practicing dentist, directly or indirectly by mail, carrier, personal agent, or by any other method, furnishes, supplies, constructs, reproduces, or repairs prosthetic dentures, bridges, appliances, or other structures to be used and worn as substitutes for natural teeth, or adjusts the same; or

(g) Administers dental anesthetics, either general or local.

III. No challenge of dental treatment or of a dental treatment plan by a third party analyst, who provides a diagnosis, treatment plan, prescription, or any combination of these, shall be made unless performed by a dentist who is a graduate of a school of dentistry accredited by the American Dental Association.

IV. Any dentist who wishes to administer general anesthesia, deep sedation, or conscious sedation shall apply to the board for the appropriate permit and pay an application fee set by the board in accordance with RSA 317-A:12, XII-a.

V. Nothing in this chapter shall prevent students from American Dental Association accredited schools from practicing in hospitals or other institutions under the direct or indirect supervision of a faculty member of an American Dental Association accredited school who is licensed by the board under this chapter.

VI. Such things as the board shall determine to be "dental hygiene" under RSA 317-A:12 or RSA 317-A:21-c shall not be deemed to be the practice of dentistry within the meaning of this section.

2 Effective Date. This act shall take effect 60 days after its passage.