SB164: relative to renewals and reinstatements of licenses issued by the board of dental examiners and procedures of the board.

CHAPTER 49

SB 164 – FINAL VERSION

2007 SESSION

07-1289

10/03

SENATE BILL 164

AN ACT relative to renewals and reinstatements of licenses issued by the board of dental examiners and procedures of the board.

SPONSORS: Sen. Fuller Clark, Dist 24; Sen. Kenney, Dist 3; Rep. Harding, Graf 11; Rep. Pilotte, Hills 16

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill clarifies renewal requirements and other procedures for licenses issued by the board of dental examiners, changes the lapse provisions for unrenewed licenses, and establishes a reinstatement procedure.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-1289

10/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to renewals and reinstatements of licenses issued by the board of dental examiners and procedures of the board.

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

49:1 Dentists And Dentistry; License Renewal. Amend RSA 317-A:13, I and II to read as follows:

I.(a) By February 15 in each even-numbered year, the board shall mail to each person licensed to practice dentistry a notice of registration and license renewal form.

(b) By February 15 in each odd-numbered year, the board shall mail to each person licensed to practice dental hygiene a notice of registration and license renewal form.

(c) A failure of the licensee to receive the license renewal form shall not relieve the licensee of the obligation to comply with this section and the rules of the board.

II. Except as provided in RSA 317-A:16, before April 1 in the year of renewal under paragraph I a person licensed to practice dentistry or dental hygiene in this state shall register with the board, apply for license renewal, and pay the fee established in rules adopted by the board. The timelines of submission of renewal applications shall be evidenced by date stamp or other record made at the time of receipt at the board’s office.

49:2 Failure to Register. Amend RSA 317-A:15 to read as follows:

317-A:15 Failure to Register; Penalties. Any person licensed by the board under this chapter who fails, neglects, or refuses to register pursuant to RSA 317-A:13 shall be assessed an administrative fine as determined in rules adopted by the board, [and shall have his or her license suspended. A person whose license is suspended for failure to register under this section shall not practice until the registration is completed, all fines are paid, and written notification is received from the board that the person may practice] provided the licensee submits a completed renewal application between April 1 and April 30 of the renewal year. The payment of the fine may be waived by the board if the board determines that good cause has been shown for the failure to register. [Licenses suspended for failure to register shall lapse on July 1 of the registration year.] Licenses shall lapse when complete renewal applications have not been received by the board by April 30 of the renewal year. Holders of lapsed active licenses are not authorized to practice until they receive written notification from the board that their licenses have been reinstated.

49:3 New Section; Reinstatement of Lapsed Licenses. Amend RSA 317-A by inserting after section 15 the following new section:

317-A:15-a Reinstatement of Lapsed Licenses. The board shall reinstate a license which has lapsed as a result of failure of the applicant to qualify for renewal or to submit a completed renewal application on time if the applicant:

I. Meets eligibility requirements for renewal.

II. Meets the reinstatement requirements established by the board in rules adopted pursuant to RSA 541-A.

III. Pays the registration fee, late fee, and reinstatement fee.

49:4 Inactive List; Active Duty in Armed Forces. Amend RSA 317-A:16 to read as follows:

317-A:16 Inactive List. A dentist or dental hygienist licensed under this chapter who does not actively engage in such practice in New Hampshire within 2 years of [the date of issuance of such license] his or her previous biennial registration shall have the licensee's name transferred to an inactive list and shall be required to register biennially and pay the inactive registration fee as long as the licensee remains inactive. Any dentist or dental hygienist holding an inactive license shall be restored to active status by the board upon the filing of a written request with the board and the furnishing of evidence of continuing professional character and competence and upon payment of the full registration fee established in rules adopted by the board. A person’s right to maintain a license with active status shall not be affected by any absence from active practice in New Hampshire while serving on active duty in the armed forces of the United States.

49:5 Dental Peer Review Committee. Amend RSA 317-A:37 to read as follows:

317-A:37 Proceedings of Dental Peer Review Committee. All proceedings, records, findings, and deliberations of any dental peer review committee of a duly established state dental society or component dental society are confidential and privileged and shall not be used or available for use or subject to process in any other proceeding. The manner in which a dental peer review committee and each member thereof deliberates, decides, or votes on any matter submitted to it is likewise confidential and privileged and shall not be the subject of inquiry in any other proceeding. Nothing in this statute shall [be deemed to] prevent a dental peer review committee from referring complaints to the New Hampshire board of dental examiners[, provided that the fact of these referrals and the referrals themselves shall be likewise confidential and privileged and shall not be used or available for use or subject to process in any other proceeding] and providing the board with the name and contact information of the complainant.

49:6 Effective Date. This act shall take effect July 1, 2007.

Approved: May 21, 2007

Effective: July 1, 2007