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2005 SESSION

050174740
SENATE BILL NO. 1127
Offered January 12, 2005
Prefiled January 12, 2005
A BILL to amend the Code of Virginia by adding sections numbered 54.1-2709.5 and 54.1-2712.2, relating to licensure of dentists.
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Patron-- Houck
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Referred to Committee on Education and Health
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Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding sections numbered 54.1-2709.5 and 54.1-2712.2 as follows:

§ 54.1-2709.5. Licensure by credentials.

A. Notwithstanding any law to the contrary, the Board may grant, without an additional examination, a license to practice dentistry to any person who provides proof satisfactory to the Board that he:

1. Is a graduate of an accredited dental school or college, or dental department of a university or college;

2. Is of good moral character, is not the respondent in any pending or unresolved Board action or malpractice claim, and has not committed any act that would constitute a violation of § 54.1-2706;

3. Is currently licensed to practice dentistry in another state, the District of Columbia, or a territory or possession of the United States;

4. Is certified to be in good standing in each jurisdiction in which he is currently licensed or has ever been licensed;

5. Has been in continuous clinical practice for five out of six years immediately preceding his application for licensure pursuant to this section. Active patient care in the dental corps of the United States Armed Forces, volunteer practice in a public health clinic, or practice in an intern or residency program may be accepted by the Board to satisfy this requirement;

6. Has successfully completed a clinical licensing examination substantially equivalent to that required of other licensees by the Commonwealth and that he has not failed the clinical examination required by the Board in the five years immediately preceding his application;

7. Has successfully completed Parts I and II of the Joint Commission on National Dental Examinations; and

8. Has read and understands the laws and regulations governing the practice of dentistry in Virginia.

B. A license granted pursuant to this section shall be automatically revoked if the licensee does not practice dentistry solely within the boundaries of the Commonwealth within two years of the granting of such license or if, having held the license for two years, the licensee ceases to actively practice dentistry solely within the boundaries of the Commonwealth.

C. A dentist holding a license issued pursuant to this section shall be subject to the provisions of this chapter and any regulations promulgated thereunder, and the disciplinary regulations that apply to all dentists practicing in the Commonwealth pursuant to § 54.1-2709.

§ 54.1-2712.2. Volunteer license for certain retired dentists and dental hygienists.

A. The Board may issue a volunteer license to a retired dentist or dental hygienist who has:

1. Presented documentation acceptable to the Board that he has been previously issued a full and unrestricted license to practice dentistry or dental hygiene in Virginia or in another state or that he has practiced as a dentist or dental hygienist in good standing in one or more branches of the United States Armed Forces and that he has not been subject to any dental or dental hygiene disciplinary action in any jurisdiction;

2. Provided a notarized statement on a form prescribed by the Board that the applicant will not accept any form of remuneration for any dental or dental hygiene services rendered while in possession of a retired volunteer dental or dental hygiene license;

3. Provided a copy of his degree or other suitable proof of graduation from an accredited dental school or school of dental hygiene; and

4. Familiarized himself with the rules and regulations of the practice of dentistry and dental hygiene in Virginia and attested thereto on a form acceptable to the Board if such person did not previously hold a license in Virginia.

B. A person who is granted a retired dentist or dental hygienist volunteer license shall:

1. Practice only in public health facilities, free clinics, community health centers or other facilities or projects that provide dental care to indigent patients, or serve as a supervising dentist in an accredited dental hygiene school;

2. Be supervised by a dentist who holds an unrestricted license in the Commonwealth if he has been retired for five years or more; and

3. Not accept any form of remuneration for any dental or dental hygiene services rendered while in possession of a retired volunteer dental or dental hygiene license.

C. A retired volunteer dentist or dental hygienist license granted pursuant to this section shall expire 12 months from the date of issuance and may be renewed annually in accordance with regulations promulgated by the Board.

D. A retired dentist or dental hygienist holding a volunteer license granted pursuant to this section shall be subject to the provisions of this Chapter and any regulations promulgated thereunder and the disciplinary regulations that apply to all dentists practicing in Virginia with an unrestricted license. However, a retired dentist or dental hygienist shall not be required to meet the annual continuing education requirements of the Board.

E. For purposes of this section, a dentist or dental hygienist who has surrendered his license to practice dentistry or dental hygiene or allowed such license to expire with the intention of ceasing to practice as a dentist or dental hygienist for remuneration shall be deemed a retired dentist or dental hygienist.

2.  That the Board of Dentistry shall promulgate regulations to implement the provisions of the act to be effective within 280 days of its enactment.