Introduced By: Representatives Dennigan, Lewiss, Montanaro, Costantino and Barr
Date Introduced : February 2, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 5-31.1-1 and 5-31.1-10 of the General Laws in Chapter 5-31.1 entitled "Dentists and Dental Hygienists" are hereby amended to read as follows:
5-31.1-1. Definitions. -- As used in this chapter:
(1) "Board" means the Rhode Island board of examiners in dentistry or any committee or subcommittee thereof.
(2) "Chief of the Division of Oral Health" means, the chief of the Division of Oral Health of the Rhode Island Department of Health who shall be a licensed dentist possessing a masters degree in public health or a certificate in public health from an accredited program.
(3) "Dental administrator" means the administrator of the Rhode Island board of examiners in dentistry.
(4) "Dental hygienist" means a person with a license to practice dental hygiene in this state under the provisions of this chapter.
(5) "Dentist" means a person with a license to practice dentistry in this state under the provisions of this chapter.
(6) "Department" means the Rhode Island department of health.
(7) "Director" means the director of the Rhode Island department of health.
(8) "Health care facility" means any institutional health service provider licensed pursuant to the provisions of chapter 17 of title 23.
(9) "Health maintenance organization" means a public or private organization licensed pursuant to the provisions of chapter 17 of title 23 or chapter 41 of title 27.
(10) "Limited registrant" means a person holding a limited registration certificate pursuant to the provisions of this chapter.
(11) "Nonprofit medical services corporation" or "nonprofit hospital service corporation" or "nonprofit dental service corporation" means any corporation organized pursuant to chapter 19 or 20 of title 27 for the purpose of establishing, maintaining and operating a nonprofit medical, hospital, or dental service plan.
(12) "Peer review board" means any committee of a state or local or dental or dental hygiene, association or society, or a committee of any licensed health care facility, or the dental staff thereof, or any committee of a dental care foundation or health maintenance organization, or any staff committee or consultant of a hospital, medical, or dental service corporation, the function of which, or one of the functions of which is to evaluate and improve the quality of dental care rendered by providers of dental care service or to determine that dental care services rendered were professionally indicated or were performed in compliance with the applicable standard of care or that the cost for dental care rendered was considered reasonable by the providers of professional dental care services in the area and shall include a committee functioning as a utilization review committee under the provisions of public law 89-97 (medicare law) or as a professional standards review organization or statewide professional standards review council under the provisions of public law 92-603 (professional standards review organizations) or a similar committee or a committee of similar purpose, to evaluate or review the diagnosis or treatment of the performance or rendition of dental services which are performed under public dental programs of either state or federal design.
(13) "Person" means any individual, partnership, firm, corporation, association, trust or estate, state or political subdivision, or instrumentality of a state.
(14) "Practice of dental hygiene." Any person shall be said to be practicing dental hygiene within the meaning of this chapter who performs those services and procedures that a dental hygienist has been educated to perform and which such services and procedures shall be, from time to time, specifically authorized by rules and regulations adopted by the board of examiners in dentistry. Nothing in this section shall be construed to authorize a licensed dental hygienist to perform the following: diagnosis and treatment planning, surgical procedures on hard or soft tissue, prescribe medication or administer injectables and/or general anesthesia. Further, a dental hygienist shall only be permitted to practice dental hygiene under the general supervision of a dentist duly licensed and registered in this state under the provisions of this chapter.
(15) (i) "Practice of dentistry." Any person shall be said to be practicing dentistry within the meaning of this chapter who uses or permits to be used, directly or indirectly, for profit or otherwise, for himself, herself or for any other person, in connection with his or her 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 implies the practice of dentistry, or who owns, leases, maintains, 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; or who directly or indirectly informs the public in any language, orally, in writing, or in printing, or by drawings, demonstrations, specimens, signs, or pictures that he or she can perform or will attempt to perform dental operations of any kind; or who undertakes, by any means or method, gratuitously or for a salary, fee, money, or other reward paid or granted directly or indirectly to himself or herself or to any other person, to diagnose or profess to diagnose, or to treat or profess to treat, or to prescribe for or profess to prescribe for any of the lesions, diseases, disorders, or deficiencies of the human oral cavity, teeth, gums, maxilla or mandible, and/or adjacent associated structures; or who extracts human teeth, corrects malpositions thereof or of the jaws; or who, 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, shall directly or indirectly by mail, carrier, personal agent, or by any other method, furnish, supply, construct, reproduce, or repair prosthetic dentures, bridges, appliances or other structures to be used and worn as substitutes for natural teeth; or who shall place such substitutes in the mouth and/or adjust the same; or who administers an anesthetic, either general or local in the course of any of the aforesaid dental procedures; or who engages in any of the practices included in the curricula of recognized dental colleges; provided, however, in order to administer any form of anesthesia, other than local, dentists must meet the requirements established by regulation of the board of examiners in dentistry, including payment of a permit fee.
(ii) The board shall promulgate regulations relating to anesthesia no later than July 1, 1988. Such regulations shall be consistent with the american dental association guidelines for the use of conscious sedation, deep sedation and general anesthesia in dentistry. Neither the board nor any regulation promulgated by the board shall require additional licensing fees for the use of nitrous oxide by dentists. Prior to the adoption of said regulations dentists shall be permitted to administer anesthesia without restriction; provided, however, from the proceeds of any fees collected pursuant to the provisions of this chapter, there is hereby created a restricted receipts account which shall be used solely to pay for the administrative expenses incurred for expenses of administrating this chapter.
{ADD (iii) No non-dentist who operates a dental facility in the form of a licensed outpatient health care center or management service organization may interfere with the professional judgment of a dentist in such practice. ADD}
5-31.1-10. Unprofessional conduct. -- The term "unprofessional conduct" as used in this chapter shall include but not be limited to the following items or any combination thereof and may be further defined by regulations established by the board with the approval of the director:
(1) Fraudulent or deceptive procuring or use of a license or limited registration;
(2) All advertising of dental or dental hygiene business which is intended or has a tendency to deceive the public or a dentist advertising as a specialty in an area of dentistry unless the dentist:
(a) Is a diplomate of or a fellow in a specialty board accredited or recognized by the American dental association; or
(b) Has completed a post graduate program approved by the Commission on Dental Accreditation of the American dental Association;
(3) Conviction of a crime involving moral turpitude; conviction of a felony; conviction of a crime arising out of the practice of dentistry or of dental hygiene;
(4) Abandonment of patient;
(5) Dependence upon controlled substances, habitual drunkenness or rendering professional services to a patient while the dentist or dental hygienist, or limited registrant is intoxicated or incapacitated by the use of drugs;
(6) Promotion by a dentist, dental hygienist, or limited registrant of the sale of drugs, devices, appliances, or goods or services provided for a patient in such a manner as to exploit the patient for the financial gain of the dentist, dental hygienist, or limited registrant;
(7) Immoral conduct of a dentist, dental hygienist, or limited registrant in the practice of dentistry or dental hygiene;
(8) Willfully making and filing false reports or records in the practice of dentistry or dental hygiene;
(9) Willful omission to file or record, or willfully impeding or obstructing a filing or recording, or inducing another person to omit to file or record dental or other reports as required by law;
(10) Failure to furnish details of a patient's dental record to succeeding dentists, or dental care facility upon proper request pursuant to this chapter;
(11) Solicitation of professional patronage by agents or persons or profiting from acts of those representing themselves to be agents of the licensed dentist, dental hygienist, or limited registrant;
(12) Division of fees or agreeing to split or divide the fees received for professional services for any person for bringing to or referring a patient;
(13) Agreeing with clinical or bioanalytical laboratories to accept payments from such laboratories for individual tests or test series for patients, or agreeing with dental laboratories to accept payment from such laboratories for work referred;
(14) Willful misrepresentation in treatments;
(15) Practicing dentistry with an unlicensed dentist or practicing dental hygiene with an unlicensed dental hygienist except in an accredited training program, or with a dental assistant in accordance with the rules and regulations of the board or aiding or abetting such unlicensed persons in the practice of dentistry or dental hygiene;
(16) Gross and willful overcharging for professional services; including filing of false statements for collection of fees for which services are not rendered or willfully making or assisting in making a false claim or deceptive claim or misrepresenting a material fact for use in determining rights to dental care or other benefits;
(17) Offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine;
(18) Professional or mental incompetency;
(19) Incompetent, negligent, or willful misconduct in the practice of dentistry or dental hygiene, which shall include the rendering of unnecessary dental services and any departure from or the failure to conform to the minimal standards of acceptable and prevailing dental or dental hygiene practice in his or her area of expertise as shall be determined by the board. The board need not establish actual injury to the patient in order to adjudge a dentist, dental hygienist or limited registrant guilty of the above-named conduct;
(20) Failure to comply with the provisions of chapter 4.7 of title 23;
(21) Revocation, suspension, surrender, or limitation of privilege based on quality of care provided or any other disciplinary action against a license to practice dentistry or dental hygiene in another state or jurisdiction, or revocation, suspension, surrender, or other disciplinary action with respect to membership on any dental staff or in any dental or professional association or society for conduct similar to acts or conduct which would constitute grounds for action as set forth in this chapter;
(22) Any adverse judgment, settlement, or award arising from a dental liability claim related to acts or conduct similar to acts or conduct which would constitute grounds for action as defined in this chapter or regulations adopted hereunder;
(23) Failure to furnish the board, its dental administrator, investigator, or representatives, information legally requested by the board;
(24) Violation of any provision(s) of this chapter or the rules and regulations of the board or any rules and regulations promulgated by the director or of an action, stipulation or agreement of the board;
(25) Cheating on or attempting to subvert the licensing examination;
(26) Violating any state or federal law or regulation relating to controlled substances;
(27) Failure to maintain standards established by peer review boards, including but not limited to standards related to proper utilization of services, and use of nonaccepted procedure and/or quality of care;
(28) Malpractice as defined in section 5-37-1(8).
{ADD (29) No person licensed to practice dentistry in the state of Rhode Island may permit a non-dentist who operates a dental facility in the form of a licensed out patient health care center or management service organization to interfere with the professional judgment of the dentist in such practice. ADD}
SECTION 2. This act shall take effect upon passage.
