BP BHEAD INT S [atlas:bill]

AN ACT Relating to dental hygienists; amending RCW 18.29.021, 18.29.045, 18.29.060, 18.29.071, 18.29.120, 18.29.140, 18.29.150, 18.29.160, and 18.29.210; adding new sections to chapter 18.29 RCW; and repealing RCW 18.29.110, 18.29.130, 18.29.170, 18.29.190, and 18.29.200.

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

Sec. 1. RCW 18.29.021 and 1996 c 191 s 10 are each amended to read as follows:

(1) The ((~~department~~)) secretary shall issue a license to any applicant who((~~, as determined by the secretary~~)):

(a) Has successfully completed an educational program approved by the ((~~secretary~~)) board. This educational program shall include course work encompassing the subject areas within the scope of the license to practice dental hygiene in the state of Washington;

(b) Has successfully completed an examination administered or approved by the ((~~dental hygiene examining committee~~)) board; and

(c) Has not engaged in unprofessional conduct or is not unable to practice with reasonable skill and safety as a result of a physical or mental impairment.

(2) Applications for licensure must comply with administrative procedures, administrative requirements, and fees established according to RCW 43.70.250 and 43.70.280.

Sec. 2. RCW 18.29.045 and 1991 c 3 s 47 are each amended to read as follows:

An applicant holding a valid license and currently engaged in practice in another state may be granted a license without examination required by this chapter, on the payment of any required fees, if the secretary in consultation with the ((~~advisory committee~~)) board determines that the other state's licensing standards are substantively equivalent to the standards in this state: PROVIDED, That the secretary in consultation with the ((~~advisory committee~~)) board may require the applicant to: (1) File with the secretary documentation certifying the applicant is licensed to practice in another state; and (2) provide information as the secretary deems necessary pertaining to the conditions and criteria of the uniform disciplinary act, chapter 18.130 RCW and to demonstrate to the secretary a knowledge of Washington law pertaining to the practice of dental hygiene.

Sec. 3. RCW 18.29.060 and 1991 c 3 s 48 are each amended to read as follows:

Upon passing an examination and meeting the requirements as provided in RCW 18.29.021, the secretary of health 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. The licensee shall also wear a name badge identifying the licensee as an "L.D.H." when practicing dental hygiene.

Sec. 4. RCW 18.29.071 and 1996 c 191 s 11 are each amended to read as follows:

The ((~~secretary~~)) board shall establish the administrative procedures, administrative requirements, and fees for renewal of licenses as provided in this chapter and in RCW 43.70.250 and 43.70.280.

NEW SECTION. Sec. 5. A new section is added to chapter 18.29 RCW to read as follows:

(1) The board of dental hygiene is created. The board consists of five members who shall be appointed by the governor. Of the initial appointments, two shall be appointed for a term of two years, two for a term of three years, and one for a term of four years. Thereafter, all appointments shall be for terms of four years. Four members of the board shall be dental hygienists licensed under this chapter and residing in this state, shall have not less than five years' experience in the practice of dental hygiene, and shall be actively engaged in practice within two years of appointment. The fifth member shall be appointed from the public at large, shall have an interest in the rights of consumers of dental services, and shall not be or have been a member of any other licensing board, a licensee of any dental related board, an employee of any dental services facility, nor derive his or her primary livelihood from the provision of dental services at any level of responsibility. In the event that a member of the board cannot complete his or her term of office, another appointment shall be made by the governor in accordance with the procedure stated in this subsection to fill the remainder of the term. No member may serve for more than two successive four-year terms.

(2) The secretary of health shall furnish such secretarial, clerical, and other assistance as the board may require. Each member of the board shall be compensated in accordance with RCW 43.03.240, and be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

(3) For the purposes of this chapter, and unless the context clearly requires otherwise, "board" means the board of dental hygiene, created in this section.

NEW SECTION. Sec. 6. A new section is added to chapter 18.29 RCW to read as follows:

In addition to other duties specified in this chapter, the board has the following powers and duties:

(1) To develop and administer, or approve, or both, examinations to applicants for licensure under this chapter;

(2) To pass upon the qualifications of applicants for a license and to certify to the secretary duly qualified applicants;

(3) To adopt rules not inconsistent with the laws of this state as may be deemed necessary or proper to carry out the purposes of this chapter;

(4) To establish and administer requirements for continuing competency, which shall be a prerequisite to renewing a license under this chapter;

(5) To keep an official record of all board proceedings, which record shall be evidence of all proceedings of the board that are set forth in the official record; and

(6) To adopt rules not inconsistent with the laws of this state, when it deems appropriate, in response to questions put to it by professional dental related associations, dental hygienists, and consumers in this state concerning the authority of dental hygienists to perform certain acts.

NEW SECTION. Sec. 7. A new section is added to chapter 18.29 RCW to read as follows:

The board shall elect from its members a chair and vice-chair/secretary, who shall serve for one year or until their successors are elected. The board shall meet at least once a year and upon the call of the chair at such times and places as the chair designates. Three members constitute a quorum of the full board for the transaction of any business. 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.

Sec. 8. RCW 18.29.120 and 1995 c 198 s 5 are each amended to read as follows:

The ((~~secretary in consultation with the Washington dental hygiene examining committee~~)) board shall:

(1) Adopt rules in accordance with chapter 34.05 RCW necessary to prepare and conduct examinations for dental hygiene licensure;

(2) Require an applicant for licensure to pass an examination consisting of written and practical tests upon such subjects and of such scope as the ((~~committee~~)) board determines;

(3) Set the standards for passage of the examination;

(4) Administer at least two examinations each calendar year. Additional examinations may be given as necessary; and

(5) Establish by rule the procedures for an appeal of an examination failure.

Sec. 9. RCW 18.29.140 and 1991 c 3 s 54 are each amended to read as follows:

The ((~~secretary~~)) board shall establish by rule the standards and procedures for approval of educational programs and may contract with individuals or organizations having expertise in the profession or in education to report to the ((~~secretary~~)) board information necessary for the ((~~secretary~~)) board to evaluate the educational programs. The ((~~secretary~~)) board may establish a fee for educational program evaluation. The fee shall be set to defray the administrative costs for evaluating the educational program, including, but not limited to, costs for site evaluation.

Sec. 10. RCW 18.29.150 and 1991 c 3 s 55 are each amended to read as follows:

(1) The ((~~secretary~~)) board shall establish the date and location of the examination. Applicants who meet the education requirements for licensure shall be scheduled for the next examination following the filing of the application. The ((~~secretary~~)) board shall establish by rule the examination application deadline.

(2) The examination shall contain subjects appropriate to the scope of practice and on laws in the state of Washington regulating dental hygiene practice.

(3) The ((~~committee~~)) board shall establish by rule the requirements for a reexamination if the applicant has failed the examination.

(4) The ((~~committee~~)) board may approve an examination prepared or administered by a private testing agency or association of licensing authorities.

Sec. 11. RCW 18.29.160 and 1991 c 3 s 56 are each amended to read as follows:

The secretary, members of the ((~~committee~~)) board, and individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any acts performed in the course of their duties.

Sec. 12. RCW 18.29.210 and 1993 c 323 s 4 are each amended to read as follows:

The ((~~secretary in consultation with the dental hygiene examining committee~~)) board shall develop rules and definitions to implement this chapter.

NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:

(1) RCW 18.29.110 (Dental hygiene examining committee--Generally) and 1991 c 3 s 51 & 1989 c 202 s 3;

(2) RCW 18.29.130 (Secretary's authority--Generally--Continuing education) and 1991 c 3 s 53 & 1989 c 202 s 5;

(3) RCW 18.29.170 (Committee meetings--Quorum--Effect of vacancy) and 1989 c 202 s 9;

(4) RCW 18.29.190 (Temporary licenses) and 1993 c 323 s 2; and

(5) RCW 18.29.200 (Temporary licensees--Requirements for regular examination) and 1993 c 323 s 3.