SENATE BILL 5674
State of Washington
2019 Regular Session
BySenators Rivers and Cleveland
AN ACT Relating to creating the dental laboratory registry within the department of health and establishing minimum standards for dental laboratories serving dentists in Washington state; and adding a new chapter to Title 70
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. For the purposes of this chapter:
(1) "Certified dental technician" means a person certified by the national board for certification in dental laboratory technology.
(2) "Dental laboratory" means a facility that engages in the making, repairing, altering, or supplying of artificial restorations, substitutions, appliances, or materials for the correction of disease, loss, deformity, malposition, dislocation, fracture, injury to the jaws, teeth, lips, gums, cheeks, palate, or associated tissues or parts.
(3) "Dentist" means an individual licensed to practice dentistry pursuant to chapter 18.32
(4) "Department" means the department of health.
(5) "Material content disclosure" means a notice that contains the name, physical address, and registration number of the laboratory that received the dentist's work order and the city, state, and country of origin where the technological work was performed in whole or in part or laboratories that manufactured or repaired the dental prosthesis, either directly or indirectly, and the complete material content information of all patient contact materials used in a dental prosthetic appliance, including whether the United States food and drug administration compliant materials were used. The notice must be provided in a manner that can be easily entered into a patient record.
(6) "Work authorization" means a written instrument by which a dental laboratory subcontracts to another dental laboratory all or part of the manufacture or repair of a dental prosthetic appliance authorized by a work order from a licensed dentist.
(7) "Work order" means a written instrument prescribed by a licensed dentist directing a dental laboratory to manufacture or repair a dental prosthetic appliance for an individual patient.
NEW SECTION. Sec. 2. (1) Each dental laboratory operating, doing business, or intending to operate or do business in this state must register with the department and pay the fee established pursuant to sections 3 and 6 of this act.
(2) A dental laboratory is considered operating or doing business within this state if its work product is prepared pursuant to a work order or work authorization originating within this state.
(3) This chapter does not apply to a dental laboratory operating under the supervision of a practicing dentist licensed under chapter 18.32
RCW in a dental office or as a part of a dental practice, provided that the laboratory does not perform work pursuant to prescriptions or work orders originating from outside of the dental practice or supervising dentist's office, or in an educational institution as part of the institution's educational program provided that the laboratory does not routinely perform work pursuant to prescriptions or work orders originating from outside of the educational institution.
NEW SECTION. Sec. 3. (1) Each dental laboratory operating, doing business, or intending to operate or do business within this state must submit an application for registration of dental laboratory or renewal of registration of dental laboratory to the department on a form provided by the department accompanied with the registration or renewal fee required. The application must include:
(a) The name, mailing address, phone number, and email address of the dental laboratory;
(b) The physical address of the dental laboratory if different from the mailing address;
(c) The name, mailing address, phone number, and email address of the responsible person or the name and license number of the supervising dentist who is licensed under chapter 18.32
(d) A statement that the dental laboratory meets the infectious control requirements under the occupational safety and health administration and the centers for disease control and prevention of the United States public health service;
(e) An acknowledgment by the responsible person or the supervising dentist that the laboratory will provide material disclosure to the prescribing dentist that contains the manufacturer and brand name or the United States food and drug administration registration number of all patient contact materials contained in the prescribed restoration in order that the dentist may include those numbers in the patient's record; and
(f) An acknowledgment by the responsible person or the supervising dentist who is licensed in this state that he or she will disclose to the prescribing dentist the point of origin of the manufacture of the prescribed restoration. If the restoration was partially or entirely manufactured by a third-party provider, the point of origin disclosure must identify the portion manufactured by a third-party provider and the city, state, and country of the provider.
(2) Each dental laboratory shall pay a registration fee annually as determined by the secretary as provided in RCW 43.70.250
NEW SECTION. Sec. 4. (1) Upon granting a registration for a dental laboratory, the department shall assign the dental laboratory a dental registration number. The dental laboratory registration number must appear on all invoices or other correspondence of the dental laboratory.
(2) A dentist shall include the registration number of the dental laboratory on the dentist's work order.
NEW SECTION. Sec. 5. (1) Effective January 31, 2021, to be eligible for dental laboratory registration the applicant must document that the applicant or one of the applicant's employees who works at least thirty hours per week in the applicant's dental laboratory:
(a) Has successfully completed at least twelve hours of continuing education in dental laboratory technology approved by the national board for certification in dental laboratory technology during the twelve months immediately preceding their application for registration; or
(b) Is certified by the national board for certification in dental laboratory technology as a certified dental technician in good standing.
(2)(a) Effective January 31, 2025, the department may not issue a registration to a dental laboratory unless the applying dental laboratory documents that it employs a certified dental technician in good standing with the national board for certification in dental laboratory technology who works at least thirty hours per week in the applying dental laboratory or that the dental laboratory is operated under the supervision of a dentist licensed under chapter 18.32
(b) Subsection (2)(a) of this section does not apply to a dental laboratory that provides the department with documentation that the dental laboratory has been continuously owned and operated by the same individual since January 1, 1996.
(3) A dental laboratory must maintain a qualified owner or employee identified in subsections (1) and (2) of this section.
NEW SECTION. Sec. 6. Each dental laboratory registered with the department must renew its registration before July 31st each year by completing and submitting a renewal of registration of dental laboratory form and paying a fee determined by the secretary as provided in RCW 43.70.280.
NEW SECTION. Sec. 7. If a dental laboratory violates any provision of this chapter, the department may, in the manner provided by law and upon the advice of the attorney general who shall represent the department in the proceedings, maintain an action in the name of the state for an injunction or other process against any dental laboratory to restrain or prevent the operation of the establishment without a registration issued under this chapter.
NEW SECTION. Sec. 8. Sections 1 through 7 of this act do not apply to activities authorized under chapter 18.30 RCW. NEW SECTION. Sec. 9. Sections 1 through 8 of this act constitute a new chapter in Title 70 RCW.
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