AN ACT Relating to dental hygienists; amending RCW 18.29.050, 18.29.060, 18.29.070, 18.29.020, and 18.130.040; adding new sections to chapter 18.29 RCW; and repealing RCW 18.29.031, 18.29.080, 18.29.090, and 18.29.100.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. When used in this chapter, the terms defined in this section shall have the meanings indicated unless the context clearly indicates otherwise.

(1) "Dental hygiene" means the performance of acts requiring substantial specialized knowledge, judgment, and skill based upon the principles of the biological, physiological, behavioral, and sociological sciences in either:

(a) The observation, assessment, prediagnosis, care, or counsel in the maintenance of dental health or prevention of dental disease; or

(b) The performance of such additional acts requiring education and training which are recognized as proper to be performed by dental hygienists licensed under this chapter and which shall be authorized by the board of dental hygiene through its rules.

(2) "Director" means the director of licensing.

(3) "Dental hygienist" means a licensed dental hygienist.

(4) "Board" means the Washington state board of dental hygiene.

(5) "Department" means the department of licensing.

NEW SECTION. Sec. 2. The Washington state board of dental hygiene, after July 1, 1985, shall consist of seven members to be appointed by the governor. Initially, two members shall be appointed for a term of two years, two for a term of four years, and three for a term of five years. Thereafter all appointments shall be for terms of five years. No person may serve as member of the board for more than two consecutive terms.

The governor may remove any member from the board for neglect of any duty required by law, or for incompetency or unprofessional or dishonorable conduct. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor.

NEW SECTION. Sec. 3. (1) The board shall be composed of six dental hygienist members and one public member. Each member of the board shall be a citizen of the United States and a resident of this state for a minimum of two years.

(2) Dental hygiene members of the board shall:

(a) Be licensed dental hygienists under this chapter; and

(b) Have had at least five years' experience in the active practice of dental hygiene and shall have been engaged in practice for a period of at least two years just prior to appointment.

(3) Persons who are in any way connected with or interested in any dental or dental hygiene college or program of any institution of learning are not eligible for appointment to the board. The public member shall also not be or have been a member of any other licensing board, a licensee of any health occupation board, an employee of any health facility, nor derive his or her primary livelihood from the provision of health services at any level of responsibility.

NEW SECTION. Sec. 4. The board shall meet annually to elect from among its members a chairperson and a secretary. It shall hold such other meetings during the year as necessary to transact its business when called by the director, the chairperson, or a majority of the members. A majority of the board shall constitute a quorum at any meeting. All meetings of the board shall be open and public except the board may hold executive sessions to the extent permitted by chapter 42.30 RCW.

NEW SECTION. Sec. 5. The board of dental hygiene shall have the following powers and duties:

(1) Regulate the practice of dental hygiene and administer and enforce all laws placed under its jurisdiction;

(2) Prepare, grade, and administer, or determine the nature of, and supervise the grading and administration of, examinations for applicants for dental hygienist licenses;

(3) Examine, inspect, and investigate all applicants for licensure as dental hygienists and advise the director of all qualified applicants;

(4) The board may hold an examination for applicants at least three times a year. One of such examinations may be held east of the Cascade range;

(5) The board shall designate those schools of dental hygiene from which graduation will be accepted as proof of an applicant's eligibility to take the dental hygiene licensing examination;

(6) The board may employ or retain competent persons to assist in the preparation and administration of the dental hygiene licensure examination;

(7) The board may determine which states have licensing requirements for dental hygienists which are equivalent to those of this state;

(8) The board may adopt such reasonable rules as may be necessary to carry out the duties imposed by this section in the administration of this chapter; and

(9) The board may adopt rules establishing and governing continuing education requirements for renewal of licenses under this chapter.

NEW SECTION. Sec. 6. Members of the board of dental hygiene shall be paid fifty dollars per day for time spent in performing their duties as members of the board, and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060 while engaged in business of the board.

NEW SECTION. Sec. 7. The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of licenses and the discipline of licensed dental hygienists under this chapter. The board shall be the disciplining authority under this chapter.

NEW SECTION. Sec. 8. The date and location of the examination shall be established by the board. Applicants who have been found by the board to meet the other requirements for licensure will be scheduled for the next examination following the filing of the application. However, the applicant will not be scheduled for any examination taking place sooner than sixty days after the application is filed.

The board shall examine each applicant, by means of written and practical tests, on subjects appropriate to the scope of dental hygiene practice. Such examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently, and must meet generally accepted standards of fairness and validity for licensing examinations. Such tests shall include, but not be limited to, administration of local anesthesia and placement of restorative materials.

The examination papers, and all grading thereon, and the grading of the practical work, shall be preserved for a period of not less than one year after the board has made and published its decisions thereon. All examinations shall be conducted by the board under fair and wholly impartial methods.

Any applicant who fails to make the required grade in the first examination is entitled to take as many subsequent examinations as the applicant desires upon the prepayment of a fee determined by the director as provided in RCW 43.24.086 for each subsequent examination. At least three examinations shall be given in each calendar year.

Sec. 9. Section 27, chapter 16, Laws of 1923 as last amended by section 1, chapter 235, Laws of 1971 ex. sess. and RCW 18.29.050 are each amended to read as follows:

Any person licensed as a dental hygienist in this state may remove deposits and stains from the surfaces of the teeth, may apply topical preventive or prophylactic agents, may polish and smooth restorations, which includes excess restorative material extending beyond the cavo-surface margins of the tooth to establish functional anatomy, may administer local anesthesia, and may perform root planing and soft-tissue curettage, ((~~and~~)) including removal of sulcular epithelium. Dental hygienists may perform other dental operations and services delegated to them by a licensed dentist: PROVIDED HOWEVER, That licensed dental hygienists shall in no event perform the following dental operations or services:

(1) Any surgical removal of tissue ((~~of the oral cavity~~)). A dental hygienist may remove sulcular epithelium as involved in soft-tissue curettage for dental hygiene treatment;

(2) Any prescription of drugs or medications requiring the written order or prescription of a licensed dentist or physician. A dental hygienist is authorized to purchase, possess, and administer topical anticariogenic legend drugs and injected local anesthetic legend drugs in connection with dental hygiene treatment pursuant to chapter 69.41 RCW;

(3) Any diagnosis for dental treatment or dental treatment planning. A dental hygienist may examine and explain conditions of the oral cavity for dental hygiene treatment and collect and interpret data for dental hygiene treatment; or

(4) The taking of any impression of the teeth or jaw, or the relationships of the teeth or jaws, for the purpose of fabricating any intra-oral restoration, appliance, or prosthesis. A dental hygienist may take impressions for study models or for custom fluoride trays.

((Such licensed dental hygienists may perform dental operations and services only under the supervision of a licensed dentist, and under such supervision may be employed by hospitals, boards of education of public or private schools, county boards, boards of health, or public or charitable institutions, or in dental offices: PROVIDED, That the number of hygienists so employed in any dental office shall not exceed twice in number the licensed dentists practicing therein.))

NEW SECTION. Sec. 10. Nothing in this chapter may be construed as prohibiting a person from practicing any profession for which a license has been issued under the laws of this state or specifically authorized by any other law of this state. This chapter does not apply to any employee or member of the armed forces of the United States in the discharge of his or her official duties.

Sec. 11. Section 31, chapter 16, Laws of 1923 as last amended by section 4, chapter 277, Laws of 1981 and RCW 18.29.060 are each amended to read as follows:

Upon passing an examination as provided in ((~~RCW 18.29.030~~)) section 8 of this 1985 act, the director of licensing shall issue to the successful applicant a license as dental hygienist. The license shall be displayed in a conspicuous place in the operation room where such licensee shall practice. In the event a license has lapsed for a period longer than two years, the licensee shall demonstrate competence to the satisfaction of the board by examination, continuing education, or under other standards determined by the board.

Sec. 12. Section 32, chapter 16, Laws of 1923 as last amended by section 33, chapter 158, Laws of 1979 and RCW 18.29.070 are each amended to read as follows:

Every person licensed as a dental hygienist shall pay on or before ((~~the first day of October of each year after a license is issued to him~~)) his or her birthdate each year a license renewal fee determined by the director as provided in RCW ((~~43.24.085 as now or hereafter amended~~)) 43.24.086 and the license renewal certificate which shall be thereupon issued by the director of licensing shall be displayed with the license of said licensee.

NEW SECTION. Sec. 13. Members of the board shall be immune from suit in any civil action based upon actions taken in the course of any dental hygienist examination or any other official act performed in good faith as members of the board. Such immunity shall apply to employees and staff of the board when acting at the direction of the board in the course of its official proceedings.

Sec. 14. Section 28, chapter 16, Laws of 1923 as last amended by section 30, chapter 158, Laws of 1979 and RCW 18.29.020 are each amended to read as follows:

((~~Any citizen of this state of good moral character who shall have attained the age of eighteen years~~)) An applicant may file ((~~his~~)) an application for license as a dental hygienist in the manner provided by law on forms furnished by the director of licensing and shall submit with ((~~said~~)) the application proof of ((~~said applicant's~~)) his or her graduation from a ((~~training~~)) school for dental hygienists((~~. Said~~)) approved by the board and of any other educational qualifications required by rule adopted pursuant to section 5 of this 1985 act. The application shall be signed and sworn to by ((~~said~~)) the applicant. Each applicant shall pay a fee determined by the director as provided in RCW ((~~43.24.085 as now or hereafter amended~~)) 43.24.086 which shall accompany ((~~his~~)) the application.

Sec. 15. Section 4, chapter 279, Laws of 1984 and RCW 18.130.040 are each amended to read as follows:

(1) This chapter applies only to the director and the boards having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

(2) (a) The director has authority under this chapter in relation to the following professions:

(i) Dispensing opticians licensed under chapter 18.34 RCW;

(ii) Drugless healers licensed under chapter 18.36 RCW;

(iii) Midwives licensed under chapter 18.50 RCW;

(iv) Ocularists licensed under chapter 18.55 RCW;

(v) Psychologists licensed under chapter 18.83 RCW unless a disciplinary committee is established under chapter 18.83 RCW;

(vi) Massage operators and businesses licensed under chapter 18.108 RCW((~~; and~~

~~(vii) Dental hygienists licensed under chapter 18.29 RCW~~)).

(b) The boards having authority under this chapter are as follows:

(i) The podiatry board as established in chapter 18.22 RCW;

(ii) The chiropractic disciplinary board as established in chapter 18.26 RCW governing licenses issued under chapter 18.25 RCW;

(iii) The dental disciplinary board as established in chapter 18.32 RCW;

(iv) The council on hearing aids as established in chapter 18.35 RCW;

(v) The board of funeral directors and embalmers as established in chapter 18.39 RCW;

(vi) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

(vii) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

(viii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

(ix) The medical disciplinary board as established in chapter 18.72 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

(x) The board of physical therapy as established in chapter 18.74 RCW;

(xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

(xii) The board of practical nursing as established in chapter 18.78 RCW;

(xiii) The board of nursing as established in chapter 18.88 RCW; ((~~and~~))

(xiv) The veterinary board of governors as established in chapter 18.92 RCW; and

(xv) The board of dental hygiene as established in chapter 18.29 RCW.

(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. However, the board of chiropractic examiners has authority over issuance and denial of licenses provided for in chapter 18.25 RCW, the board of dental examiners has authority over issuance and denial of licenses provided for in RCW 18.32.040, and the board of medical examiners has authority over issuance and denial of licenses and registrations provided for in chapters 18.71 and 18.71A RCW. This chapter governs any investigation, hearing, or proceeding relating to denial of licensure by the disciplining authority, the board of chiropractic examiners, the board of dental examiners, and the board of medical examiners, if adopted pursuant to this chapter by the disciplinary authority.

NEW SECTION. Sec. 16. The following acts or parts of acts are each repealed:

(1) Section 14, chapter 168, Laws of 1983, section 29, chapter 287, Laws of 1984 and RCW 18.29.031;

(2) Section 34, chapter 16, Laws of 1923 and RCW 18.29.080;

(3) Section 35, chapter 16, Laws of 1923 and RCW 18.29.090; and

(4) Section 36, chapter 16, Laws of 1923, section 34, chapter 158, Laws of 1979 and RCW 18.29.100.

NEW SECTION. Sec. 17. Sections 1 through 8, 10, and 13 of this act are each added to chapter 18.29 RCW.

NEW SECTION. Sec. 18. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.