WSR 14-07-049 PROPOSED RULES DEPARTMENT OF HEALTH (Board of Denture Technology) [Filed March 13, 2014, 2:18 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-17-033.
Title of Rule and Other Identifying Information: WAC 246-812-240 Nonorthodontic removable oral devices and 246-812-250 Teeth whitening services, endorsements to denturist license. Creating new sections to specify the endorsement process, and the education and training standards for nonorthodontic removable oral devices and teeth whitening services.
Hearing Location(s): Department of Health, Town Center 3, Room 224, 243 Israel Road S.E., Tumwater, WA 98501, on April 25, 2014, at 10:30 a.m.
Date of Intended Adoption: April 25, 2014.
Submit Written Comments to: Vicki Brown, Program Manager, Health Professions and Facilities, Board of Denturists, P.O. Box 47852, Olympia, WA 98504-7852, e-mail [web site] http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by April 18, 2014.
Assistance for Persons with Disabilities: Contact Vicki Brown by April 18, 2014, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SHB 1271 (chapter 172, Laws of 2013) allows denturists to provide nonorthodontic removable oral devices and teeth whitening services with required education. Rule making is necessary to align the existing rules with the new legislation. The proposed rules: Establish a process to receive an endorsement on a denturist license; establish the level of education and training required prior to denturists providing these services; requires board approval of programs and curriculum [curricula]; and establishes what will be accepted as evidence of adequate education and training. In addition, the proposed rules will require the denturist to provide the patient with written and verbal information and answer any questions related to teeth whitening trays and teeth whitening solutions and will require the denturist to obtain and retain written patient consent on a board approved form for teeth whitening services.
Reasons Supporting Proposal: SHB 1271, codified as RCW 18.30.160 directs the board to adopt rules that specify the education and training necessary prior to providing nonorthodontic removable oral devices and teeth whitening services.
The proposed rules implement the statute by providing a process and establishing the education and training requirements necessary to obtain an endorsement to a denturist license in order to provide teeth whitening services and nonorthodontic removable oral devices.
Statutory Authority for Adoption: Chapter 18.30 RCW, SHB 1271 (chapter 172, Laws of 2013).
Statute Being Implemented: Chapter 18.30 RCW, SHB 1271 (chapter 172, Laws of 2013).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Board of denturists, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Vicki Brown, Program Manager, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4865.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Vicki Brown, Program Manager, Health Professions/Facilities, Board of Denturists, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-4865, fax (360) 236-2901, e-mail vicki.brown@doh.wa.gov.
March 12, 2014
Trina Castle
Executive Director
NEW SECTION
WAC 246-812-240 Nonorthodontic removable oral devices.
(1) A licensed denturist may provide nonorthodontic removable oral devices after completing and receiving an endorsement to his or her denturist license.
(2) Nonorthodontic removable oral devices are limited to:
(a) Bruxism devices also known as occlusal splints, occlusal bite guard, bruxism appliance, bite plate, and night guard;
(b) Sports mouth guards;
(c) Removable cosmetic appliances, regardless of whether the patient is missing teeth; and
(d) Snoring devices, but only after a physician has ruled out snoring associated with sleep breathing disorders to include obstructive sleep apnea.
(3) To qualify for an endorsement an applicant must complete the following education and training in nonorthodontic removable oral devices:
(a) A minimum of four hours of instruction in snore guards and sleep apnea; and
(b) A minimum of two hours in bruxism devices, sports mouth guards, and removable cosmetic appliances.
(4) Nonorthodontic removable oral devices education and training must be obtained through a board-approved program, or course curriculum.
(a) The curriculum must include training on each subject listed under subsection (2)(a) through (d) of this section.
(b) A presenter must submit the training curriculum to the board for review and approval.
(c) The board may review previously approved curriculums as necessary or as determined by the board.
(5) To receive a nonorthodontic removable oral devices endorsement, the applicant must provide evidence of successfully completing the education and training requirements in this section by submitting to the board:
(a) A declaration approved by the board that verifies proof of completion of education and training signed and dated by both the presenter and the denturist; or
(b) A declaration that the education and training was included in a board-approved educational program.
NEW SECTION
WAC 246-812-250 Teeth whitening services.
(1) A licensed denturist may provide teeth whitening services after completing and receiving an endorsement to his or her denturist license.
(2) Teeth whitening services include:
(a) Fabricating whitening trays;
(b) Providing nonprescription strength whitening solutions with over-the-counter equivalent concentrations; and
(c) Providing required follow-up care and instructions for use of the trays and solutions at home.
(3) To qualify for an endorsement an applicant must complete a minimum of two hours of instruction in teeth whitening services.
(4) Education and training in instruction in teeth whitening services must be obtained through a board-approved program or course curriculum.
(a) A presenter must submit the training curriculum to the board for review and approval.
(b) The board may review previously approved curriculums as necessary or as determined by the board.
(5) To receive an endorsement for teeth whitening services, the applicant must provide evidence of successfully completing the education and training requirement in this section by submitting to the board:
(a) A declaration approved by the board that verifies proof of completion of education and training signed and dated by both the presenter and the denturist; or
(b) A declaration that the education and training was included in a board-approved educational program.
(6) A denturist providing teeth whitening services to patients shall provide the patient with written and verbal information and answer any questions related to teeth whitening trays and teeth whitening solutions including:
(a) Procedure;
(b) Alternatives; and
(c) Risks.
(7) The denturist shall obtain written patient consent on a form approved by the board for the procedure(s) and retain the signed form in the patient record.
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