[atlas:bill]

AN ACT Relating to the authority of the Washington state board of denturists; amending RCW 18.30.010, 18.30.020, 18.30.040, 18.30.050, 18.30.090, 18.30.100, and 18.30.140; adding a new section to chapter 18.30 RCW; and repealing RCW 18.30.080.

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

Sec. 1. RCW 18.30.010 and 1995 c 1 s 2 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Board" means the Washington state board of ((~~denture technology~~)) denturists.

(2) "Denture" means a removable full or partial upper or lower dental appliance to be worn in the mouth to replace missing natural teeth.

(3) "Denturist" means a person licensed under this chapter to engage in the practice of denturism.

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

(5) "Practice of denturism" means:

(a) Making, placing, constructing, altering, reproducing, or repairing a denture; and

(b) Taking impressions and furnishing or supplying a denture directly to a person or advising the use of a denture, and maintaining a facility for the same.

(6) "Secretary" means the secretary of health or the secretary's designee.

Sec. 2. RCW 18.30.020 and 1995 c 198 s 18 are each amended to read as follows:

(1) Before making and fitting a denture, a denturist shall examine the patient's oral cavity.

(a) If the examination gives the denturist reasonable cause to believe that there is an abnormality or disease process that requires medical or dental treatment, the denturist shall immediately refer the patient to a dentist or physician. In such cases, the denturist shall take no further action to manufacture or place a denture until the patient has been examined by a dentist or physician and the dentist or physician gives written clearance that the denture will pose no threat to the patient's health.

(b) If the examination reveals the need for tissue or teeth modification in order to assure proper fit of a full or partial denture, the denturist shall refer the patient to a dentist and assure that the modification has been completed before taking an impression for the completion of the denture.

(2) A denturist who makes or places a denture in a manner not consistent with this section is subject to the sanctions provided in chapter 18.130 RCW, the uniform disciplinary act.

(3) A denturist must successfully complete special training in oral pathology prescribed by the ((~~secretary~~)) board, whether as part of an approved associate degree program or equivalent training, and pass an examination prescribed by the ((~~secretary~~)) board, which may be a part of the examination for licensure to become a licensed denturist.

Sec. 3. RCW 18.30.040 and 1995 c 1 s 5 are each amended to read as follows:

Nothing in this chapter prohibits or restricts:

(1) The practice of a profession by an individual who is licensed, certified, or registered under other laws of this state and who is performing services within the authorized scope of practice;

(2) The practice of denturism by an individual employed by the government of the United States while the individual is engaged in the performance of duties prescribed by the laws and regulations of the United States;

(3) The practice of denturism by students enrolled in a school approved by the ((~~department~~)) board. The performance of services must be pursuant to a course of instruction or an assignment from an instructor and under the supervision of an instructor; or

(4) Work performed by dental labs and dental technicians under the written prescription of a dentist.

Sec. 4. RCW 18.30.050 and 1995 c 1 s 6 are each amended to read as follows:

(1) The Washington state board of ((~~denture technology~~)) denturists is created. The board shall consist of seven members appointed by the secretary as follows:

(a) Four members of the board must be denturists licensed under this chapter, except initial appointees, who must have five years' experience in the field of denturism or a related field.

(b) Two members shall be selected from persons who are not affiliated with any health care profession or facility, at least one of whom must be over sixty-five years of age representing the elderly.

(2) The members of the board shall serve for terms of three years. The terms of the initial members shall be staggered, with the members appointed under subsection (1)(a) of this section serving two-year and three-year terms initially and the members appointed under subsection (1)(b) and (c) of this section serving one-year, two-year, and three-year terms initially. Vacancies shall be filled in the same manner as the original appointments are made. Appointments to fill vacancies shall be for the remainder of the unexpired term of the vacant position.

(3) No appointee may serve more than two consecutive terms.

(4) Members of the board shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

(5) A member of the board may be removed for just cause by the secretary.

NEW SECTION. Sec. 5. A new section is added to chapter 18.30 RCW to read as follows:

The board shall:

(1) Determine the qualifications of persons applying for licensure under this chapter;

(2) Prescribe, administer, and determine the requirements for examinations under this chapter and establish a passing grade for licensure under this chapter;

(3) Adopt rules under chapter 34.05 RCW to carry out the provisions of this chapter in consultation and in agreement with the secretary; and

(4) Evaluate and approve those schools from which graduation is accepted as proof of an applicant's completion of coursework requirements for licensure.

Sec. 6. RCW 18.30.090 and 1995 c 198 s 20 are each amended to read as follows:

The secretary shall issue a license to practice denturism to an applicant who submits a completed application, pays the appropriate fees, and meets the following requirements:

(1) A person currently licensed to practice denturism under statutory provisions of another state, territory of the United States, District of Columbia, or Puerto Rico, with substantially equivalent licensing standards to this chapter shall be licensed without examination upon providing the department with the following:

(a) Proof of successfully passing a written and clinical examination for denturism in a state, territory of the United States, District of Columbia, or Puerto Rico, that the ((~~secretary~~)) board has determined has substantially equivalent licensing standards as those in this chapter ((in)), including but not limited to both the written and clinical examinations; and

(b) An affidavit from the ((~~state~~)) licensing agency where the person is licensed or certified attesting to the fact of the person's licensure or certification.

(2) A person graduating from a formal denturism program shall be licensed if he or she:

(a) Documents successful completion of formal training with a major course of study in denturism of not less than two years in duration at an educational institution ((~~recognized~~)) approved by the ((~~secretary~~)) board; and

(b) Passes a written and clinical examination approved by the ((~~secretary~~)) board.

((~~(3) An applicant who does not otherwise qualify under subsection (1) or (2) of this section shall be licensed within two years of December 8, 1994, if he or she:~~

(a) Provides to the secretary three affidavits by persons other than family members attesting to the applicant's employment in denture technology for at least five years, or provides documentation of at least four thousand hours of practical work within denture technology;

~~(b) Provides documentation of successful completion of a training course approved by the secretary or completion of an equivalent course approved by the secretary; and~~

~~(c) Passes a written and clinical examination administered by the secretary.~~))

Sec. 7. RCW 18.30.100 and 1995 c 198 s 21 are each amended to read as follows:

The ((~~secretary~~)) board shall administer the examinations for licensing under this chapter, subject to the following requirements:

(1) Examinations shall determine the qualifications, fitness, and ability of the applicant to practice denturism. The test shall include a written examination and a practical demonstration of skills.

(2) Examinations shall be held at least annually.

(3) The first examination shall be conducted not later than July 1, 1995.

(4) The written examination shall cover the following subjects: (a) Head and oral anatomy and physiology; (b) oral pathology; (c) partial denture construction and design; (d) microbiology; (e) clinical dental technology; (f) dental laboratory technology; (g) clinical jurisprudence; (h) asepsis; (i) medical emergencies; and (j) cardiopulmonary resuscitation.

(5) Upon payment of the appropriate fee, an applicant who fails either the written or practical examination may have additional opportunities to take the portion of the examination that he or she failed.

The secretary may hire trained persons licensed under this chapter to prepare, administer, and grade the examinations or may contract with regional examiners who meet qualifications adopted by the ((~~secretary~~)) board.

Sec. 8. RCW 18.30.140 and 1995 c 198 s 24 are each amended to read as follows:

(1) An individual may place his or her license on inactive status. The holder of an inactive license shall not practice denturism in this state without first activating the license.

(2) ((The inactive renewal fee shall be established by the secretary. Failure to renew an inactive license shall result in cancellation in the same manner as failure to renew an active license results in cancellation.

~~(3)~~)) An inactive license may be placed in an active status upon compliance with rules established by the ((~~secretary~~)) board.

((~~(4)~~)) (3) The provisions relating to denial, suspension, and revocation of a license are applicable to an inactive license, except that when proceedings to suspend or revoke an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed.

NEW SECTION. Sec. 9. RCW 18.30.080 (Secretary--Powers and duties) and 1995 c 198 s 19 & 1995 c 1 s 9 are each repealed.