H-3509

AN ACT Relating to dental laboratories and technicians; amending RCW 18.130.040; and adding a new chapter to Title 18 RCW.

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

NEW SECTION. Sec. 1. After considering the information provided pursuant to RCW 18.120.030, the legislature finds that there is an overwhelming need to protect the health, safety, and welfare of the residents of Washington by requiring the licensing of dental laboratories and the certification of dental technicians. The legislature further finds that:

(1) Unregulated dental laboratories and technicians present clear and easily recognizable harm and endangerment to the public's health, safety, and welfare;

(2) The public requires and will benefit from an assurance of initial and continuing professional ability;

(3) There is no effective or more cost-efficient method to meet this need; and

(4) The protection offered by this chapter is the least restrictive alternative method of regulation.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Dental laboratory" means a corporation, partnership, or sole proprietorship that has met and passed the certified dental laboratory requirements and is engaged in the fabrication or repair of dental prosthetic appliances on the prescription of and for a licensed dentist or the work authorization of another properly authorized dental laboratory.

(2) "Dental technician" means any person who offers or undertakes to perform or accomplish dental technology.

(3) "Certified dental technician" means a dental technician who has been certified under this chapter.

(4) "Committee" means the advisory committee created by section 7 of this act.

(5) "Licensed dentist" mean any person duly licensed to practice dentistry under chapter 18.51 RCW, or dentists licensed in other states.

(6) "Prescription" means a written instrument executed by a licensed dentist and directed to a licensed dental laboratory authorizing the fabrication or repair of a dental prosthetic appliance for such licensed dentist.

(7) "Work authorization" means a written instrument executed by a licensed dental laboratory authorized by prescription by which the dental laboratory subcontracts all or part of the fabrication or repair of a dental prosthetic appliance authorized by prescription to another licensed dental laboratory.

(8) "Department" means the department of health.

(9) "Secretary" means the secretary of health.

NEW SECTION. Sec. 3. (1) After the effective date of this act, all dental laboratories operating, doing business, or intending to operate or do business within Washington shall be licensed under this chapter. To be licensed under this chapter, a dental laboratory shall:

(a) Be supervised by one or more certified dental technicians; and

(b) Practice infectious disease control utilizing standards prescribed by the secretary by rule. The secretary shall adopt disease control standards based on nationally recognized standards.

(2) A dental laboratory, wherever located, is considered to be operating or doing business in Washington if its work product is prepared pursuant to a written prescription or work authorization originating within the state of Washington.

(3) No licensed dentist engaged in the practice of dentistry shall own, operate, or be a shareholder, officer, director, or partner in a dental laboratory licensed under this chapter.

NEW SECTION. Sec. 4. No person may represent oneself to the public as a dental technician unless that person is certified by the department as a dental technician. The department shall certify a person as a dental technician when the person meets the credentialing requirements of RCW 18.122.080.

NEW SECTION. Sec. 5. This chapter does not apply to a person who falls within one or more of the exemptions outlined in RCW 18.122.040.

NEW SECTION. Sec. 6. The secretary shall have the authority necessary to accomplish the purposes of this chapter including those powers outlined in RCW 18.122.050, 18.122.090, 18.122.100, 18.122.110, 18.122.120, 18.122.130, and 18.122.140. The secretary shall keep an official record of all proceedings including a register of applicants under this chapter and the results of each application as required by RCW 18.122.060.

NEW SECTION. Sec. 7. The secretary shall appoint an advisory committee of dental laboratory practitioners according to, and which shall be governed by, RCW 18.122.070. For the first year after the effective date of this act, the certified dental technician positions on the committee may be filled by any dental technician. At the first meeting, the committee shall elect a chair and secretary to serve for one year and until their successors are elected. The committee shall advise the department in fulfilling the responsibilities and purposes of this chapter.

NEW SECTION. Sec. 8. The uniform disciplinary act, chapter 18.130 RCW, shall govern the issuance and denial of credentials, unauthorized practice, and the discipline of persons credentialed under this chapter. The secretary shall be the disciplining authority under this chapter.

Sec. 9. RCW 18.130.040 and 1990 c 3 s 810 are each amended to read as follows:

(1) This chapter applies only to the secretary 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 secretary has authority under this chapter in relation to the following professions:

(i) Dispensing opticians licensed under chapter 18.34 RCW;

(ii) Naturopaths licensed under chapter 18.36A RCW;

(iii) Midwives licensed under chapter 18.50 RCW;

(iv) Ocularists licensed under chapter 18.55 RCW;

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

(vi) Dental hygienists licensed under chapter 18.29 RCW;

(vii) Acupuncturists certified under chapter 18.06 RCW;

(viii) Radiologic technologists certified under chapter 18.84 RCW;

(ix) Respiratory care practitioners certified under chapter 18.89 RCW;

(x) Persons registered or certified under chapter 18.19 RCW;

(xi) Persons registered as nursing pool operators;

(xii) Nursing assistants-registered ((~~or certified~~)) under chapter ((~~18.52B~~)) 18.88A RCW;

(xiii) Dietitians and nutritionists certified under chapter 18.138 RCW; ((~~and~~))

(xiv) Dental laboratories and technicians licensed and certified, respectively, under sections 1 through 8 of this act; and

(xv) Sex offender treatment providers certified under chapter 18.155 RCW.

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

(i) The ((~~podiatry~~)) podiatric medical 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 examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW;

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

(xv) The veterinary board of governors as established in chapter 18.92 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 also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.

NEW SECTION. Sec. 10. Sections 1 through 8 of this act shall constitute a new chapter in Title 18 RCW.