AN ACT Relating to professional licensing; amending RCW 18.32.035, 18.32.040, 18.29.060, 18.32.120, 18.29.020, 18.32.210, and 18.32.030; adding a new section to chapter 18.29 RCW; adding a new section to chapter 18.32 RCW; and repealing RCW 18.29.031.

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

Sec. 1. Section 2, chapter 112, Laws of 1935 as last amended by section 50, chapter 279, Laws of 1984 and RCW 18.32.035 are each amended to read as follows:

(1) There shall be a board of dental health examiners consisting of nine practicing dentists ((~~and one consumer member~~)), four practicing dental hygienists, and two public members, to be known as the Washington state board of dental health examiners.

(2) The members shall be appointed by the governor in the manner ((~~hereinafter~~)) set forth in this section and at the time of their appointment ((~~upon said~~)) to the board must be actual residents of the state ((in active practice of dentistry or dental surgery as hereinafter defined and must have been for a period of five years or more legally licensed to practice dentistry or dental surgery in this state: PROVIDED, HOWEVER, That)). The dentists appointed to the board shall be engaged in the active practice of dentistry as defined in RCW 18.32.020 and shall have been for a period of five years or more legally licensed to practice dentistry in this state. The dental hygienists appointed to the board shall be engaged in the active practice of dental hygiene as defined in this chapter and in chapter 18.29 RCW and shall have been for a period of five years or more legally licensed to practice as dental hygienists in this state. The public members appointed to the board shall not be members of any other licensing board, nor licensees of any health occupation board, nor employees of any health facility, nor derive their primary livelihood from the provision of health services at any level of responsibility. No person shall be eligible to appointment to said board who is in any way connected with or interested in any dental college or dental department or school of dental hygiene or dental hygiene department of any institution of learning. The members serving on the board on the effective date of this 1985 act shall continue to hold office for the terms for which they were appointed.

(3) Four dental hygienists and two public members shall be appointed to the board and shall take office within ninety days after the effective date of this 1985 act and shall continue to serve until their successors are appointed. One dental hygienist and one public member shall serve terms ending June 30, 1988, one dental hygienist and one public member shall serve terms ending June 30, 1989, and two dental hygienists shall serve terms ending June 30, 1990. The term of office of each such member shall be designated by the governor in making the appointment. Thereafter, members shall be appointed to the board to serve for terms of five years from July 1 of the year in which they are appointed.

(4) In case of a vacancy occurring on ((~~said~~)) the board, such vacancy shall be filled by the governor as ((~~herein~~)) provided in this section for the remainder of the term of the vacancy.

(5) (a) The authority to conduct examinations for licensure as provided in RCW 18.32.040 is vested in the dentist members and one public member of the board of dental health examiners, to be known as the dental examining panel of the board of dental health examiners. Six members of this panel constitute a quorum to transact business.

(b) The authority to conduct examinations for licensure as provided in section 4 of this 1985 act is vested in the dental hygienist examining panel of the board of dental health examiners. This panel shall consist of the four dental hygienist members of the board and two public members of the board. Three members of this panel constitute a quorum to transact business.

(c) The dentist and dental hygienist examining panels of the board shall each function independently of the other with respect to conducting examinations for licensure. The department of licensing shall provide these panels with such staff and support as is appropriate for the panels' performance of their powers and duties.

(d) The attorney general shall be counsel to the board and to the dental and dental hygienist examining panels of the board and shall represent them in all legal proceedings.

(6) The dental and dental hygienist examining panels of the board shall have the power to employ competent persons ((~~on a temporary basis~~)) to assist in ((~~conducting~~)) developing and administering examinations for licensure.

(7) The board shall have the authority to enter into compacts and agreements with other states and with organizations formed by several states, for the purpose of conducting multi-state licensing examinations. The board may enter into such compacts and agreements even though they would result in the examination of a candidate for a license in this state by an examiner or examiners from another state or states, and even though they would result in the examination of a candidate or candidates for a license in another state or states by an examiner or examiners from this state.

Sec. 2. Section 5, chapter 112, Laws of 1935 as amended by section 2, chapter 38, Laws of 1979 and RCW 18.32.040 are each amended to read as follows:

((~~Said~~)) The board shall make rules and regulations to establish a uniform and reasonable standard of educational requirements to be observed by ((~~dental~~)) schools, colleges, ((~~or dental~~)) and departments of universities teaching dentistry, and ((~~said~~)) the board may determine the reputability of these by reference to their compliance with ((~~said~~)) such rules or regulations.

The board shall demand that every applicant for a license to practice dentistry shall:

(1) ((~~Be a graduate or have fifteen units of high school work in acceptable subjects from a high or other secondary school approved by the board.~~

~~(2)~~)) Present satisfactory evidence of ((~~completion of predental and dental education under one of the following plans:~~

(a) Completion of a minimum of thirty semester hours of collegiate credit in acceptable subjects from a college or university approved by the board, and graduation from a dental college, school, or dental department of an institution requiring four courses of instruction of at least eight months each, approved by the board.

(b) Completion of a minimum of sixty semester hours of collegiate credit in acceptable subjects from a college or university approved by the board, and graduation from a dental school, college, or dental department of an institution requiring three courses of at least eight months each, approved by the board.

~~(3)~~)) graduation from a dental college, school, or dental department of an institution approved by the board;

(2) Submit, for the files of the board, a recent picture duly identified and attested((.

(4) Pass an examination given by the board of dental examiners in the theory and practice of the science of dentistry: PROVIDED, That the board may recognize a certificate granted by the national board of dental examiners in lieu of, or subject to, such examination as may be required: PROVIDED FURTHER, That the board may recognize passage of an examination given by another state or states, or by an organization formed by several states, with which the board has entered into a formal compact or agreement for the purpose of conducting a multi-state license examination: PROVIDED, HOWEVER, That nothing in this chapter shall be construed to prevent any dental school which may desire to do so from establishing for admission a higher standard of preliminary education than specified in this chapter)); and

(3) Pass an examination prepared or approved by and administered under the direction of the dental examining panel of the board. The dental licensing examination shall consist of practical and written tests upon such subjects and of such scope as the dental examining panel of the board determines. The dental examining panel of the board may accept, in lieu of all or part of a written examination, a certificate granted by a national or regional testing organization approved by the dental examining panel of the board. The standards for passing examinations shall be set by the dentist examining panel of the board. The director of licensing shall keep on file the examination papers all grading thereon, and the grading of the practical work for at least three years, which file shall be open for inspection by the applicant or the applicant's agent. All examinations shall be conducted by the dental examining panel of the board under fair and impartial methods.

NEW SECTION. Sec. 3. A new section is added to chapter 18.32 RCW to read as follows:

The board shall make rules and regulations to establish a uniform and reasonable standard of educational requirements to be observed by schools, colleges, and departments of universities teaching dental hygiene, and the board may determine the reputability of these by reference to their compliance with such rules or regulations.

The board shall demand that every applicant for a license to practice dental hygiene shall:

(1) Present satisfactory evidence of graduation from a dental hygiene school or department of an institution approved by the board;

(2) Submit, for the files of the board, a recent picture duly identified and attested; and

(3) Pass an examination prepared or approved by and administered under the direction of the dental hygienist examining panel of the board.

NEW SECTION. Sec. 4. A new section is added to chapter 18.29 RCW to read as follows:

When an application for licensure as a dental hygienist and the accompanying proof are found satisfactory, the director shall notify the applicant to appear before the dental hygienist examining panel of the board established under RCW 18.32.035 at a time and place to be fixed by the director, which time shall be not less than sixty days after the receipt of the application by the director.

The dental hygienist licensing examination shall consist of practical and written tests upon such subjects and of such scope as the dental hygienist examining panel of the board determines. The board of dental health examiners shall appoint two dentists to act as agents of the board for purposes of supervising the portions of the practical examination involving administering local anesthetic and restorative work. The dental hygienist examining panel of the board may accept, in lieu of all or part of a written examination, a certificate granted by a national or regional testing organization approved by the dental hygienist examining panel of the board. The standards for passing examinations shall be set by the dental hygienist examining panel of the board. The director of licensing shall keep on file the examination papers, all grading thereon, and the grading of the practical work for at least three years, which file shall be open for inspection by the applicant or the applicant's agent. All examinations shall be conducted by the dental hygienist examining panel of the board under fair and wholly impartial methods.

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

Sec. 5. Section 31, chapter 16, Laws of 1923 as last amended by section 21, chapter ... (SB 3041), Laws of 1985 and RCW 18.29.060 are each amended to read as follows:

Upon passing an examination as provided in ((~~RCW 18.29.031~~)) section 4 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 dental hygienist examining panel of the board by examination, continuing education, or under other standards determined by the dental hygienist examining panel.

Sec. 6. Section 5, chapter 93, Laws of 1953 as last amended by section 28, chapter 30, Laws of 1975 1st ex. sess. and RCW 18.32.120 are each amended to read as follows:

When the application and the accompanying proof are found satisfactory, the director shall notify the applicant to appear before the dental examining panel of the board of dental health examiners at a time and place to be fixed by the director, which time shall be not less than sixty days after the receipt of such application by the director.

((Examination shall be made in writing in all theoretic subjects. Both theoretic and practical examinations shall be of a character to give a fair test of the qualifications of the applicant to practice dentistry or dental surgery.

The examination papers, and all grading thereon, and the grading of the practical work, shall be deemed public documents, and preserved for a period of not less than three years 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 ((~~his~~)) the applicant's first examination is entitled to take as many subsequent examinations as ((~~he desires~~)) desired upon the prepayment of a fee determined by the director as provided in RCW ((~~43.24.085 as now or hereafter amended~~)) 43.24.086 for each subsequent examination. At least two examinations shall be given in each calendar year.

Sec. 7. 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 may file his 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 application proof of said applicant's graduation from a training school for dental hygienists. Said)) Applicants for a dental hygiene license shall file applications on forms furnished by the director, and therein state their name, age, place of residence, citizenship, the name of the school or schools attended, the period of such attendance, the date of graduation, whether they have ever been suspended or disbarred from the practice of dental hygiene, and a statement of all dental hygienist activities for the previous five years.

The application shall be signed by the applicant and sworn to ((~~by said applicant~~)) before some person authorized to administer oaths, and shall be accompanied by testimonials of the applicant's moral character, and proof of school attendance and graduation.

The applicant at the time of making application must, in addition to other requisites, be a citizen of the United States or have first papers for naturalization.

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. Applicants not licensed in another state and not residents of this state for at least six consecutive months shall pay an additional investigation fee determined by the director as provided in RCW 43.24.086.

Sec. 8. Section 13, chapter 112, Laws of 1935 as last amended by section 32, chapter 30, Laws of 1975 1st ex. sess. and RCW 18.32.210 are each amended to read as follows:

Any dentist who has been lawfully licensed to practice in another state or territory which has and maintains a standard for the practice of dentistry or dental surgery which in the opinion of the dental examining panel of the board is equal to that at the time maintained in this state, and who has been lawfully and continuously engaged in the practice of dentistry for five years or more immediately before filing ((~~his~~)) an application to practice in this state and who shall deposit in person with the director a duly attested certificate from the examining board of the state or territory in which ((he)) the applicant is registered, certifying to the fact of ((~~his~~)) the applicant's registration ((~~and of his being a person of~~)), good moral character, and ((of)) professional attainments, may, upon the payment of a fee determined by the director as provided in RCW ((~~43.24.085 as now or hereafter amended~~)) 43.24.086 and after satisfactory practical examination demonstrating ((~~his~~)) the applicant's proficiency, be granted a license to practice dentistry in this state, without being required to take an examination in theory: PROVIDED, HOWEVER, That no license shall be issued to any such applicant, unless the state or territory from which such certificate has been granted to such applicant shall have extended a like privilege to engage in the practice of dentistry within its own borders to dentists heretofore and hereafter licensed by this state, and removing to such other state: AND PROVIDED FURTHER, That the Washington state board of dental examiners shall have power to enter into reciprocal relations with similar boards of other states whose laws are ((~~practically identical with~~)) substantially equal to the provisions of this chapter.

Sec. 9. Section 1, chapter 130, Laws of 1951 as last amended by section 35, chapter 158, Laws of 1979 and RCW 18.32.030 are each amended to read as follows:

The following practices, acts ((~~and~~)), operations, and facilities are excepted from the operation of the provisions of this chapter:

(1) The rendering of dental relief in emergency cases in the practice of his or her profession by a physician or surgeon, licensed as such and registered under the laws of this state, unless he or she undertakes to or does reproduce lost parts of the human teeth in the mouth or to restore or to replace in the human mouth lost or missing teeth;

(2) The practice of dentistry in the discharge of official duties by dentists in the United States ((~~army, navy~~)) armed forces, public health service, veterans' bureau, or bureau of Indian affairs;

(3) Dental schools or colleges approved by the board((~~, and~~));

(4) The practice of dentistry or dental hygiene by students in dental or hygienist schools or colleges approved by the board, when such dental students are acting under the direction and supervision of ((~~registered and licensed dentists acting as instructors;~~

~~(4)~~)) dental faculty and when such hygiene students are acting under the direction and supervision of a dental or dental hygiene faculty; and by the dental or dental hygiene faculty at such schools or colleges while engaged in teaching or biological research activities;

(5) The practice of dentistry by licensed dentists of other states or countries while appearing as clinicians at meetings ((~~of the Washington state dental association, or component parts thereof, or at meetings sanctioned by them~~)) approved by the board;

((~~(5)~~)) (6) The use of roentgen and other rays for making radiograms or similar records of dental or oral tissues, under the supervision of a licensed ((~~dentist or~~)) physician;

((~~(6)~~)) (7) The making, repairing, altering or supplying of artificial restorations, substitutions, appliances, or materials for the correction of disease, loss, deformity, malposition, dislocation, fracture, injury to the jaws, teeth, lips, gums, cheeks, palate, or associated tissues or parts; providing the same are made, repaired, altered or supplied pursuant to the written instructions and order of a licensed dentist which may be accompanied by casts, models or impressions furnished by ((~~said~~)) such dentist, and ((~~said~~)) the prescriptions shall be retained and filed for a period of not less than three years and shall be available to and subject to the examination of the director of licensing or ((~~his~~)) the director's authorized representatives;

((~~(7)~~)) (8) The removal of deposits and stains from the surfaces of the teeth, the application of topical preventative or prophylactic agents, and the polishing and smoothing of restorations, when performed ((~~or prescribed~~)) by a dental hygienist licensed under the laws of this state;

((~~(8)~~)) (9) A qualified and licensed physician and surgeon extracting teeth or performing oral surgery;

((~~(9)~~)) (10) A legal practitioner of another state making a clinical demonstration before a medical or dental society, or at a convention approved by the ((~~Washington state medical or dental association or Washington progressive dental society~~)) board;

((~~(10) Students practicing or performing dental operations, under the supervision of competent instructors, in any reputable dental college;~~))

(11) The performing of dental operations or services by persons not licensed under this chapter when performed under the supervision of a licensed dentist: PROVIDED HOWEVER, That persons not licensed under this chapter or chapter 18.29 RCW shall not perform dental operations or services for which specified levels of education, training, and experience are required by rules of the board unless they have the required education, training, and experience: PROVIDED FURTHER, That such nonlicensed person shall in no event perform the following dental operations or services unless permitted to be performed by ((~~him~~)) such person under other provisions of this chapter or chapter 18.29 RCW:

(a) Any removal of or addition to the hard or soft tissue of the oral cavity;

(b) Any diagnosis of or prescription for treatment of disease, pain, deformity, deficiency, injury, or physical condition of the human teeth or jaws, or adjacent structure;

(d) Any oral prophylaxis;

(e) The taking of any impressions 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.

NEW SECTION. Sec. 10. Section 14, chapter 168, Laws of 1983, section 29, chapter 287, Laws of 1984 and RCW 18.29.031 are each repealed.