S-3841

AN ACT Relating to removable dental prostheses; adding a new chapter to Title 19 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature finds that:

(1) Consumers spend hundreds of dollars for full or partial dentures which are not functionally or aesthetically acceptable. In some cases, after delivery of a removable dental prosthesis, the consumer is charged for office visits for required adjustments to the dental prosthesis. This discourages those with limited resources from acquiring needed modifications to successfully wear their removable dental prosthesis. Some consumers complain of intimidation by providers or their representatives or of having appointments made which are not convenient to the consumer;

(2) It has been documented that ill-fitting dentures decrease the consumer's ability to maintain good health; and

(3) This chapter will benefit all people of the state of Washington. Senior citizens, handicapped citizens, and citizens receiving medicaid will benefit most from this chapter because of limited health, transportation, and economic resources.

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

(1) "Removable dental prosthesis" means replacement of a tooth or of a section of teeth by a partial or full denture or modifications associated with a partial or full denture. This definition does not include a removable dental prosthesis associated with orthodontia and does not include dental splints.

(2) "Provider" means a dentist, denturist, prosthodontist, or any institution responsible for removable dental prosthesis delivery or any professional described in the laws of any state, province, or country as one who fabricates, is associated with the fabrication of, or delivers removable dental prostheses to the people of the state of Washington.

(3) "Consumer" means a purchaser who receives a removable dental prosthesis for his or her personal use from a provider.

NEW SECTION. Sec. 3. Any person who engages in the fitting and dispensing of a removable dental prosthesis shall provide, to each person who enters into an agreement to purchase a removable dental prosthesis, a receipt at the time of the agreement containing the following information:

(1) The consumer's name;

(2) The provider's name, signature, license number, address, and phone number of his or her regular place of business;

(3) A description of the materials used in the fabrication to substitute the natural dentition and related tissues;

(4) A disclosure of the cost of all services including, but not limited to, the cost of materials used in fabrication, impressions, study models, and any adjustments. These costs, which shall include embedding of the consumer's name within the removable dental prosthesis, shall be known as the total purchase price; and

(5) A statement of the purchaser's rescission rights under this chapter and an acknowledgement that the purchaser has read and understands these rights.

NEW SECTION. Sec. 4. (1) In addition to any other rights and remedies a purchaser may have, the purchaser of a removable dental prosthesis shall have the right to rescind the transaction for reasons other than the seller's breach of the purchase agreement if the purchaser:

(a) For reasonable cause, returns the removable dental prosthesis within forty-five days of delivery, or holds it at the seller's disposal, if the removable dental prosthesis is in its original condition less normal wear and tear. Reasonable cause, for purposes of this section, is defined as unacceptable aesthetics or not being able to correctly function with the removable dental prosthesis. Reasonable cause does not include a mere change of mind on the part of the purchaser about wearing a removable dental prosthesis.

(b) Sends notice of the cancellation to the provider at the provider's place of business by certified mail, return receipt requested, and the notice is mailed not later than forty-five days from the date of delivery. The purchaser and the provider may extend the deadline for mailing the notice of rescission by mutual, written agreement. In the event the removable dental prosthesis is in the possession of the provider or the provider's representative during the forty-five day period from the date of delivery, the deadline for mailing the notice of rescission is extended by the number of days that the removable dental prosthesis is in the possession of the provider or the provider's representative.

(c) The time for giving notice of rescission begins to run seven working days after notice under (c)(ii) of this subsection if: (i) A removable dental prosthesis is returned to the provider for any inspection, repair, or modification; (ii) the provider has notified the purchaser that the removable dental prosthesis is available for redelivery; and (iii) the purchaser has not responded by either taking possession of the removable dental prosthesis or instructing the provider to forward it to the purchaser.

(2) If a transaction is rescinded under this section, or as otherwise provided by law, and the removable dental prosthesis is returned to the provider or the provider's representative, the provider shall refund to the purchaser any payments or deposits for the removable dental prosthesis. The provider may retain for each removable dental prosthesis fifteen percent of the total purchase price or one hundred dollars, whichever is less. The purchaser shall incur no additional liability for rescission.

The provider shall also return any goods traded in contemplation of the sale, less any costs incurred by the provider in making those goods ready for resale.

Refunds under this subsection shall be made within ten days after rescission.

NEW SECTION. Sec. 5. The fitting of removable dental prostheses is a matter affecting the public interest for the purpose of applying chapter 19.86 RCW. The dispensing of ill-fitting removable dental prostheses is not reasonable in relation to the development and preservation of business. A violation of this chapter constitutes an unfair or deceptive act or practice in trade or commerce for the purpose of applying chapter 19.86 RCW.

NEW SECTION. Sec. 6. A person violating this chapter is guilty of a misdemeanor.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act shall constitute a new chapter in Title 19 RCW.