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2005 SESSION
050203740Be it enacted by the General Assembly of Virginia:
1. That §§ 54.1-2703, 54.1-2704, 54.1-2706, 54.1-2709, 54.1-2712, 54.1-2712.1, 54.1-2713, 54.1-2715, 54.1-2718, 54.1-2720, 54.1-2722, 54.1-2726, 54.1-2726.1, 54.1-2728, and 54.1-2729 of the Code of Virginia are amended and reenacted as follows:
§ 54.1-2703. Inspection of dental offices and laboratories.
Every member and employee Employees of
the Board Department of Health Professions, when properly
identified, shall be authorized, during ordinary business hours, to enter and
inspect any dental office or dental laboratory for the purpose of enforcing the
provisions of this chapter.
§ 54.1-2704. Nominations.
Nominations may be made for each professional vacancy from a
list of three names submitted to the Governor by the Virginia Dental
Association, the Old Dominion State Dental Society, and the Virginia
Dental Hygienists' Association, and the Commonwealth Dental Hygienists'
Society. Further, any licensee of this chapter may submit nominations to
the Governor. The Governor may notify the Virginia Dental Association, the
Old Dominion State Dental Society and the Virginia Dental Hygienists'
Association of any professional vacancy other than by expiration. The
Governor shall not be bound to make any appointment from among the nominees.
§ 54.1-2706. Revocation or suspension; other sanctions.
The Board may refuse to admit a candidate to any examination, refuse to issue a license to any applicant, suspend for a stated period or indefinitely, or revoke any license or censure or reprimand any licensee or place him on probation for such time as it may designate for any of the following causes:
1. Fraud, deceit or misrepresentation in obtaining a license;
2. The conviction of any felony or the conviction of any crime involving moral turpitude;
3. Use of alcohol or drugs to the extent that such use renders him unsafe to practice dentistry or dental hygiene;
4. Any unprofessional conduct likely to defraud or to deceive the public or patients;
5. Intentional or negligent conduct in the practice of dentistry or dental hygiene which causes or is likely to cause injury to a patient or patients;
6. Employing or assisting persons whom he knew or had reason to believe were unlicensed to practice dentistry or dental hygiene;
7. Publishing or causing to be published in any manner an advertisement relating to his professional practice which (i) is false, deceptive or misleading, (ii) contains a claim of superiority, or (iii) violates regulations promulgated by the Board governing advertising;
8. Mental or physical incompetence to practice his profession with safety to his patients and the public;
9. Violating, assisting, or inducing others to violate any provision of this chapter or any Board regulation;
10. Conducting his practice in a manner contrary to the standards of ethics of dentistry or dental hygiene;
11. Practicing or causing others to practice or
in a manner as to be presenting a danger to the health and
welfare of his patients or to the public;
1112. Practicing outside the scope of the
dentist's or dental hygienist's education, training, and experience;
1213. Performing a procedure subject to
certification without such valid certification required by the Board pursuant
to § 54.1-2709.1 and Board regulations; however, procedures performed pursuant
to the provisions of subdivision 5 of § 54.1-2712 as part of an American Dental
Association accredited residency program shall not require such certification;
1314. The revocation, suspension or restriction
of a license to practice dentistry or dental hygiene in another state,
possession or territory of the United States or foreign country; or
1415. The violation of any provision of a state
or federal law or regulation relating to manufacturing, distributing,
dispensing or administering drugs.
§ 54.1-2709. License; application; qualifications; examinations.
A. No person shall practice dentistry unless he possesses a current valid license from the Board of Dentistry.
B. An application for such license shall be made to the
Board in writing and shall be accompanied by satisfactory proof that the
applicant (i) is of good moral character and; (ii) is a
graduate of an accredited dental school or college, or dental department of a
university or college; (iii) has passed Part I and Part II of the
examination given by the Joint Commission on National Dental Examinations; (iv)
has successfully completed a clinical examination acceptable to the Board; and
(v) has met other qualifications as determined in regulations promulgated by
the Board.
C. The Board may grant a license to practice dentistry to an applicant licensed to practice in another jurisdiction if he (i) meets the requirements of subsection B; (ii) holds a current, unrestricted license to practice dentistry in another jurisdiction in the United States and is certified to be in good standing by each jurisdiction in which he currently holds or has held a license; (iii) has not failed a clinical examination required by the Board in the five years immediately preceding his application (iv) has not committed any act that would constitute grounds for denial as set forth in § 54.1-2706; and (v) has been in continuous clinical practice for five out of the six years immediately preceding 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.
Persons who have practiced dentistry in another country may
submit an application to practice dentistry in Virginia if they have practiced
dentistry in the other country for five consecutive years prior to application
and if the application is accompanied by satisfactory proof that the applicant
is a graduate of an approved dental school or college, or dental department of
a university or college. The Board shall determine what constitutes an approved
dental school, college, or dental department of a university.
The Board shall grant a license to practice dentistry to
all eligible applicants whose performance on the examination is satisfactory,
as determined by the Board.
Examinations shall test the qualifications of the applicant
to practice dentistry. Within thirty days of the examination, each applicant
shall be notified of his performance.
D. The Board shall provide for an inactive license for
those dentists who have been fully licensed in the hold a current,
unrestricted dental license in the Commonwealth at the time of
application for an inactive license and who do not wish to practice
in Virginia. No person shall practice in Virginia unless he holds a current,
active license. The Board shall promulgate such regulations as may be
necessary to carry out the provisions of this section, including requirements
for remedial education to activate a license.
E. The Board shall promulgate regulations requiring continuing education for any dental license renewal or reinstatement. The Board may grant extensions or exemptions from these continuing education requirements.
The Board shall promulgate regulations to be effective in
280 days or less of the enactment of this provision.
§ 54.1-2712. Permissible practices.
The following activities shall be permissible:
1. Dental assistants or dental hygienists aiding or assisting licensed dentists, or dental assistants aiding or assisting dental hygienists under the general supervision of a dentist;
2. The performance of mechanical work on inanimate objects only, for licensed dentists, by any person employed in or operating a dental laboratory;
3. Dental students who are enrolled in accredited D.D.S. or D.M.D. degree programs performing dental operations, under the direction of competent instructors (i) within a dental school or college, dental department of a university or college, or other dental facility within a university or college that is accredited by an accrediting agency recognized by the United States Department of Education; (ii) in a dental clinic operated by a nonprofit organization providing indigent care; (iii) in governmental or indigent care clinics in which the student is assigned to practice during his final academic year rotations; (iv) in a private dental office for a limited time during the student's final academic year when under the direct tutorial supervision of a licensed dentist holding appointment on the dental faculty of the school in which the student is enrolled; or (v) practicing dental hygiene in a private dental office under the direct supervision of a licensed dentist holding appointment on the dental faculty of the school in which the student is enrolled;
4. A licensed dentist from another state or country appearing
as a clinician for demonstrating technical procedures before a dental society
or organization, convention, or dental college, or performing his duties in
connection with a specific case on which he may have been called to this
the Commonwealth; and
5. Dental hygiene students enrolled in an accredited dental hygiene program performing dental hygiene practices as a requisite of the program, under the direction of competent instructors, as defined by regulations of the Board of Dentistry, (i) within a dental hygiene program in a dental school or college, or department thereof, or other dental facility within a university or college that is accredited by an accrediting agency recognized by the United States Department of Education; (ii) in a dental clinic operated by a nonprofit organization providing indigent care; (iii) in a governmental or indigent care clinic in which the student is assigned to practice during his final academic year rotations; or (iv) in a private dental office for a limited time during the student's final academic year when under the direct supervision of a licensed dentist or licensed dental hygienist holding appointment on the dental faculty of the school in which the student is enrolled.
§ 54.1-2712.1. Restricted volunteer license for certain dentists.
A. The Board may issue a restricted volunteer license to a
dentist who has:
1. Held the corresponding an unrestricted
license in Virginia or another state as a licensee in good standing
at the time the license expired or became inactive;
2. Been sponsored and supervised by a dentist who holds an
unrestricted license in the Commonwealth and who is Is volunteering
at for a Board-approved public health or community free
clinic that provides dental services to populations of underserved people;
3. Passed a jurisprudence examination as prescribed by the
Board Has fulfilled the Board's requirement related to knowledge of the
laws and regulations governing the practice of dentistry in Virginia;
4. Not Has not failed a clinical
examination within the past five years; and
5. Had Has had at least five years of clinical
practice.
B. A person holding a restricted volunteer license under this section shall:
1. Only practice in public health or community free clinics
approved by the Board that provide dental services to underserved
populations;
2. Only treat patients who have been screened by the approved
clinic and are eligible for treatment; and
3. Not Attest on a form provided by the Board that
he will not receive remuneration directly or indirectly for providing
dental services; and
4. Not be required to complete continuing education in order to renew such a license.
C. A If a dentist with a restricted volunteer
license issued under this section has not held an active, unrestricted
license and been engaged in active practice within the past five years, he
shall only practice dentistry and perform dental procedures if a dentist with
an unrestricted Virginia license, volunteering at the clinic, reviews the
quality of care rendered by the dentist with the restricted volunteer license
at least every thirty 30 days.
D. A restricted voluntary license granted pursuant to this
section shall expire twelve months from the date of issuance and on
the June 30 of the second year after its issuance, or shall terminate when the
supervising dentist withdraws his sponsorship. Such license may be renewed
annually in accordance with regulations promulgated by the Board.
E. A dentist holding a restricted volunteer license issued
pursuant to this section is subject to the provisions of this chapter, the
regulations promulgated under this chapter, and the disciplinary regulations
which apply to all dentists practicing in Virginia with an unrestricted
license.
§ 54.1-2713. Licenses to teach dentistry; renewals.
Upon payment of the prescribed fee, the Board shall grant,
without examination, a license to teach dentistry to any applicant who (i) is a
graduate of a dental school or college or the dental department of a college or
university approved by the Board of Dentistry; (ii) has a D.D.S. or D.M.D.
degree and is otherwise qualified; (iii) is not licensed to practice dentistry
in this the Commonwealth; (iv) has not failed an examination for
a license to practice dentistry in Virginia; and (v) has a license to practice
dentistry in at least one other state. The applicant shall also be certified to
be on the faculty of an approved institution accredited program
that teaches dentistry. The holder of such a license shall be entitled to
perform all operations which a person licensed to practice dentistry would be
entitled to perform but only for the express purpose of teaching. This license
does not entitle the holder to practice dentistry intramurally or privately or
to receive fees for service.
Any license issued under this section shall expire on the June
30 of the second year after its issuancesecond June 30 after its
issuance or shall terminate when the licensee leaves employment at the
accredited dental program. but Such license may be renewed
annually thereafter as long as the accredited program certifies to the
licensee's continuing employment.
§ 54.1-2715. Temporary permits for certain clinicians.
A. The Board may issue a temporary permit to a graduate of a
dental school or college or the dental department of a college or university,
who (i) has a D.D.S. or D.M.D. degree and is otherwise qualified, (ii) is not
licensed to practice dentistry in Virginia, and (iii) has not failed an examination
for a license to practice dentistry in this the Commonwealth.
Such temporary permits may be issued only to those eligible graduates who serve
as clinicians in dental clinics operated by (a) the Virginia Department of
Health, (b) the Virginia Department of Mental Health, Mental Retardation and
Substance Abuse Services, or (c) a Virginia charitable corporation granted
tax-exempt status under § 501 (c) (3) of the Internal Revenue Code and
operating as a clinic for the indigent and uninsured that is organized for the
delivery of primary health care services: (i) as a federal qualified health
center designated by the Centers for Medicare and Medicaid Services or (ii) at
a reduced or sliding fee scale or without charge.
B. Applicants for temporary permits shall be certified to the
secretary executive director of the Board by the Commissioner of
Health, the Commissioner of Mental Health, Mental Retardation and Substance
Abuse Services, or the chief executive officer of a Virginia charitable
corporation identified in subsection A. The holder of such a temporary permit
shall not be entitled to receive any fee or other compensation other than
salary. Such permits shall be valid for no more than two years and shall expire
on the June 30 of the second year after their issuance second June 30
after their issuance, or shall terminate when the holder ceases to serve as
a clinician with the certifying agency or charitable corporation. Such permits
may be reissued after their expiration annually or may be revoked
at any time for cause. Reissuance or revocation of a temporary permit is
in the discretion of the Board.
C. Dentists licensed pursuant to this chapter may practice as employees of the dental clinics operated as specified in subsection A.
§ 54.1-2718. Practicing under firm or assumed name.
A. No person shall practice, offer to practice, or hold
himself out as practicing dentistry, under a name other than his own. This
section shall not prohibit the practice of dentistry by a partnership under a
firm name containing only the names of every member of the partnership or
prohibit, or a licensed dentist from practicing dentistry as the
employee of a licensed dentist, practicing under his own name or under a firm
name, containing only the names of each member of such firm or as the
employee of a professional corporation, or as a member, manager, employee, or
agent of a professional limited liability company or as the employee of a
dental clinic operated as specified in subsection A of § 54.1-2715.
B. The name of any professional corporation or professional
limited liability company shall contain the name of each associate,
shareholder, member, manager, employee, or agent engaged in the practice of
dentistry on behalf of such professional business entity, and any other words
designating its legal status as may be required by law, but no other words
other than the initials D.D.S. or D.M.D. following the name of each associate,
shareholder, member, manager, employee, or agent so qualified A dentist,
partnership, professional corporation, or professional limited liability
company that owns a dental practice may adopt a trade name for that practice so
long as the trade name meets the following requirements:
1. The trade name incorporates one or more of the following: (i) a geographic location, e.g., to include, but not be limited to, a street name, shopping center, neighborhood, city, or county location; (ii) type of practice; or (iii) a derivative of the dentist's name.
2. Derivatives of American Dental Association approved specialty board certifications may be used to describe the type of practice if one or more dentists in the practice are certified in the specialty or if the specialty name is accompanied by the conspicuous disclosure that services are provided by a general dentist in every advertising medium in which the trade name is used.
3. The trade name is used in conjunction with either (i) the name of the dentist or (ii) the name of the partnership, professional corporation, or professional limited liability company that owns the practice. The owner's name shall be conspicuously displayed along with the trade name used for the practice in all advertisements in any medium.
4. Marquee signage, web page addresses, and email addresses are not considered to be advertisements and may be limited to the trade name adopted for the practice.
§ 54.1-2720. Display of name of practitioner.
Every person practicing dentistry under an authorized
a firm name, and every person practicing dentistry as an employee of
another licensed dentist shall conspicuously display his name at the entrance
of the office. Any person licensed dentist who fails to display
his name shall be subject to disciplinary action by the Board.
§ 54.1-2722. License; application; qualifications; practice of dental hygiene.
A. No person shall practice dental hygiene unless he
possesses a current, active, and valid license from the Board of
Dentistry. The licensee shall have the right to practice dental hygiene in
this the Commonwealth for the period of his license as set by the
Board, under the direction of any licensed dentist.
B. An application for such license shall be made to the
Board in writing, and shall be accompanied by satisfactory proof that the
applicant (i) is of good moral character and, (ii) is a
graduate of an accredited dental hygiene program approved by the Board and
offered by an accredited institution of higher education, (iii) has passed
the dental hygiene examination given by the Joint Commission on Dental
Examinations, and (iv) has successfully completed a clinical examination
acceptable to the Board.
C. The Board may grant a license to practice dental hygiene to an applicant licensed to practice in another jurisdiction if he (i) meets the requirements of subsection B of this section; (ii) holds a current, unrestricted license to practice dental hygiene in another jurisdiction in the United States; (iii) has not committed any act that would constitute grounds for denial as set forth in § 54.1-2706; and (iv) meets other qualifications as determined in regulations promulgated by the Board.
D. A licensed dental hygienist may, under the direction
or general supervision of a licensed dentist and subject to the regulations of
the Board, perform services which that are educational,
diagnostic, therapeutic, or preventive. These services shall not include the
establishment of a final diagnosis or treatment plan for a dental patient. For
the purposes of this section, "general supervision" means that a
dentist has evaluated the patient and prescribed authorized services to be
provided by a dental hygienist; however, the dentist need not be present in the
facility while the authorized services are being provided.
The Board shall grant a license to practice dental hygiene
to all eligible applicants whose performance on the examination is satisfactory
as determined by the Board.
Examinations shall test the qualifications of the applicant
to practice dental hygiene. Within thirty days of the examination, each
applicant shall be notified of his performance.
The Board shall provide for an inactive license for those
dental hygienists who have been fully licensed hold a current,
unrestricted license to practice in the Commonwealth at the time of
application for an inactive license and who do not wish to practice
in Virginia. No person shall practice in Virginia unless he holds a current,
active license. The Board shall promulgate such regulations as may be
necessary to carry out the provisions of this section, including requirements
for remedial education to activate a license.
§ 54.1-2726. Temporary permits for certain hygienists.
The Board may issue a temporary permit to a graduate of a
school of an accredited dental hygiene, program who is
otherwise qualified and is not licensed, has not held a license to
practice dental hygiene in Virginia, and has not failed an examination
for a license to practice dental hygiene in this the Commonwealth,
to. Such temporary permits shall be issued only to those eligible
graduates who serve in the Department of Health or the Department of Mental
Health, Mental Retardation and Substance Abuse Services in a dental clinic
operated by the Commonwealth or in a Virginia charitable corporation granted
tax-exempt status under § 501 (c) (3) of the Internal Revenue Code and operated
as a clinic for the indigent and uninsured that is organized for the delivery
of primary health care services: (i) as a federally qualified health center
designated by the Centers for Medicare & Medicaid Services (CMS) or (ii) at
a reduced or sliding fee scale or without charge.
B. Applicants for temporary permits shall be certified
to the secretary executive director of the Board by the
Commissioner of Health or the Commissioner of Mental Health, Mental Retardation
and Substance Abuse Services or the chief executive officer of a Virginia
charitable corporation pursuant to subsection A. The holder of such permit
shall not be entitled to receive any fee or compensation other than salary.
Such permits shall be valid for no more than two years and shall expire on the June
30 of the second year after their issuancesecond June 30 after their
issuance, or shall terminate when the holder ceases to be employed by the
certifying agency. Such permits may be reissued after their expiration
annually or may be revoked at any time for cause Reissuance or
revocation of a temporary permit is in the discretion of the Board.
The holder of a temporary permit shall function under the direction of a dentist.
§ 54.1-2726.1. Restricted volunteer license for certain dental hygienists.
A. The Board may issue a restricted volunteer license to a
dental hygienist who has:
1. Held the corresponding an unrestricted license
in Virginia or another state as a licensee in good standing at the
time the license expired or became inactive;
2. Is sponsored and supervised by a dentist who holds an unrestricted license in the Commonwealth;
3. Is volunteering for a public health or community free clinic that provides dental services to populations of underserved people;
4.Passed a jurisprudence examination as prescribed
by the Board Has fulfilled the Board's requirement related to knowledge
of the laws and regulations governing the practice of dentistry in Virginia;
35. Not Has not failed a clinical
examination within the past five years; and
46. Had Has had at least five
years of clinical practice.
B. A person holding a restricted volunteer license under this section shall:
1. Only practice in public health or community free clinics
approved by the Board pursuant to regulations promulgated by the Board
that provide dental hygiene services to underserved populations;
2. Only treat patients who have been screened by the approved
clinic and are eligible for treatment; and
3. Not Attest on a form provided by the Board that
he will not receive remuneration directly or indirectly for providing
dental hygiene services; and
4. Not be required to complete continuing education in order to renew such a license.
C. A dental hygienist with a restricted volunteer license issued under this section shall only practice dental hygiene under the direction of a dentist with an unrestricted license in Virginia.
D. A restricted voluntary license granted pursuant to this
section shall expire twelve months from the date of issuance and on
the June 30 of the second year after its issuance, or shall terminate when the
supervising dentist withdraws his sponsorship. Such license may be renewed
annually in accordance with regulations promulgated by the Board
thereafter as long as the supervising dentist continues to sponsor the licensee.
E. A dental hygienist holding a restricted volunteer license
issued pursuant to this section is subject to the provisions of this chapter,
the regulations promulgated under this chapter, and the disciplinary
regulations which apply to all dental hygienists practicing in Virginia with
an unrestricted license.
§ 54.1-2728. Grounds for revocation or suspension.
The Board may revoke or suspend the license of any dental
hygienist for any of the causes set forth in Article 1 (§ 54.1-2700 et seq.)
of this chapter § 54.1-2706, insofar as applicable to the practice
of dental hygiene.
§ 54.1-2729. Continuing education.
A. The Board shall promulgate regulations governing
requiring continuing requirements education for dental
hygienists licensed pursuant to this article. Such regulations shall require
the completion of continuing education courses for any dental hygienist
license renewal or reinstatement after April 1, 1995. The Board may
grant exceptions or exemptions from these continuing education requirements.
B. The Board shall approve continuing education courses
that are directly related to the practice of dental hygiene and the treatment
and care of patients. Any licensed hospital, institution of higher education,
or national, state, or local health, medical, dental or dental hygiene
organization, or individuals thereof may submit applications to the Board for
approval as a provider of continuing education courses satisfying the
requirements of the Board's regulations. Approved course providers must
register continuing education courses with the Board pursuant to Board
regulations. Only courses approved by the Board or offered by an approved
provider may be designated as qualifying for continuing education course
credit.
C. All course providers shall furnish written certification
to dental hygienists indicating the satisfactory completion of an approved
continuing education course. Each course provider shall retain records of all
persons attending and those persons satisfactorily completing such continuing
education courses for a period of four years following each course. Applicants
for renewal or reinstatement of licenses issued pursuant to this article shall
retain for a period of four years the written certification issued by a course
provider. The Board may require course providers and licensees to submit copies
of such records or certification as it deems necessary to ensure compliance
with continuing education requirements.
2. That §§ 54.1-2710 and 54.1-2723 of the Code of Virginia are repealed.
3. That the Board of Dentistry shall promulgate regulations to implement provisions of this act within 280 days of its enactment.