| HB 295 - Dentistry; amend provisions |
First Reader Summary
A BILL to amend Chapter 11 of Title 43 of the Official Code of
Georgia Annotated, relating to the regulation of the practice of
dentistry, so as to change the provisions relating to
definitions; to change the eligibility requirements for members
of the Georgia Board of Dentistry; and for other purposes.
| Recorded Votes |
| Vote # |
SV99-176 |
PASSAGE BY SUBSTITUTE |
3/03/99 |
| Vote # |
HV99-917 |
PASS |
02/15/99 |
| House |
Action |
Senate |
| 1/28/99 |
Read 1st Time |
2/16/99 |
| 1/29/99 |
Read 2nd Time |
3/2/99 |
| 2/11/99 |
Favorably Reported |
3/1/99 |
| Sub |
Committee Amend/Sub |
Sub |
| 2/15/99 |
Read 3rd Time |
3/3/99 |
| 2/15/99 |
Passed/Adopted |
3/3/99 |
| CS |
Comm/Floor Amend/Sub |
CS |
| 3/17/99 |
Amend/Sub Agreed To |
|
| 4/12/99 |
Sent to Governor |
|
| 4/13/99 |
Signed by Governor |
|
| 156 |
Act/Veto Number |
|
| 4/13/99 |
Effective Date |
|
HB 295 HB 295/AP
H. B. No. 295 (AS PASSED HOUSE AND SENATE)
By: Representatives Childers of the 13th, Williams of the
114th, Jones of the 71st, Jackson of the 148th, Sauder of
the 29th and others
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 11 of Title 43 of the Official Code of
1- 2 Georgia Annotated, relating to the regulation of the
1- 3 practice of dentistry, so as to change the provisions
1- 4 relating to definitions; to change the eligibility
1- 5 requirements for members of the Georgia Board of Dentistry;
1- 6 to add the feminine pronoun in certain provisions which
1- 7 presently include only the masculine pronoun; to change the
1- 8 powers of said board; to change the provisions relating to a
1- 9 census by the board and posting of certain names; to change
1-10 the provisions relating to service of decisions, orders, or
1-11 subpoenas; to change the provisions relating to punishment
1-12 for contempt; to provide for training clinics and affiliated
1-13 sites, for activities of certain students, and for charges
1-14 for student services; to provide for clinical licensure
1-15 examinations and the conduct and eligibility therefor; to
1-16 change the provisions relating to certain exceptions to
1-17 applicability; to change the provisions regarding the
1-18 licensing of certain persons licensed in other states and
1-19 costs of and qualifications for teachers' and instructors'
1-20 licenses; to provide for powers, responsibilities, and
1-21 requirements of dentists regarding dental treatment, dental
1-22 practice, and other matters relating thereto; to provide for
1-23 rules and regulations; to change the provisions regarding
1-24 sanctions and disciplinary actions by said board; to provide
1-25 for investigations and the examination of physical premises
1-26 of dental practices; to change the provisions relating to
1-27 penalties and continuing education; to change the provisions
1-28 relating to applicability; to provide for an effective date;
1-29 to repeal conflicting laws; and for other purposes.
1-30 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-31 SECTION 1.
1-32 Chapter 11 of Title 43 of the Official Code of Georgia
1-33 Annotated, relating to the regulation of the practice of
1-34 dentistry, is amended by striking in its entirety Code
-1-
2- 1 Section 43-11-1, relating to definitions, and inserting in
2- 2 lieu thereof a new Code Section 43-11-1 to read as follows:
2- 3 "43-11-1.
2- 4 As used in this chapter, the term:
2- 5 (1) 'Accredited dental college' and 'accredited dental
2- 6 school,' or 'accredited school of dentistry' mean a
2- 7 dental school, college, or university accredited by the
2- 8 Commission on Dental Accreditation of the American
2- 9 Dental Association or its successor agency.
2-10 (2) 'Accredited dental hygiene school' means a dental
2-11 hygiene school or college accredited by the Commission
2-12 on Dental Accreditation of the American Dental
2-13 Association or its successor agency.
2-14 (1)(3) 'Board' means the Georgia Board of Dentistry.
2-15 (2)(4) 'Conscious sedation' means a depressed level of
2-16 consciousness, produced by a pharmacologic agent, which
2-17 retains the patient's ability to maintain independently
2-18 and continuously an airway and appropriately respond to
2-19 physical stimulation and verbal command. The use of
2-20 nitrous oxide as the only systemic sedative is not
2-21 considered conscious sedation for purposes of this
2-22 chapter.
2-23 (5) 'Dentistry' means the evaluation, diagnosis,
2-24 prevention, or treatment, or any combination thereof,
2-25 whether using surgical or nonsurgical procedures, of
2-26 diseases, disorders, or conditions, or any combination
2-27 thereof, of the oral cavity, maxillofacial area, or the
2-28 adjacent and associated structures, or any combination
2-29 thereof, and their impact on the human body provided by
2-30 a dentist, within the scope of his or her education,
2-31 training, and experience, in accordance with the ethics
2-32 of the profession and applicable law, including, but not
2-33 limited to, the acts specified in Code Section 43-11-17.
2-34 (3)(6) 'General anesthesia' means a controlled state of
2-35 depressed consciousness, produced by a pharmacologic
2-36 agent, which is accompanied by partial or complete loss
2-37 of protective reflexes, including the inability to
2-38 maintain independently an airway or respond purposefully
2-39 to physical stimulation or verbal command. For purposes
2-40 of this chapter, 'general anesthesia' includes deep
2-41 sedation.
-2-
3- 1 (7) 'Instructor' means either a dentist holding a dental
3- 2 license from another state or a dental hygienist holding
3- 3 a dental hygienist license from another state who has
3- 4 graduated from a school or college accredited by the
3- 5 Commission on Dental Accreditation of the American
3- 6 Dental Association or its successor agency and whom the
3- 7 state board has granted instructor status for the sole
3- 8 purpose of teaching or instructing in a training clinic
3- 9 or an accredited dental college or accredited dental
3-10 hygiene school in this state those procedures and
3-11 services recognized in this state to be within the scope
3-12 of practice of such person's license.
3-13 (8) 'Licensed dental hygienist' means a dental hygienist
3-14 licensed and in good standing in this state pursuant to
3-15 this chapter.
3-16 (9) 'Licensed dentist' means a dentist licensed and in
3-17 good standing in this state pursuant to this chapter.
3-18 (10) 'Training clinic' means a clinic operated as a
3-19 nonprofit facility by an accredited dental college or
3-20 accredited dental hygiene school primarily to train
3-21 students of such college or school."
3-22 SECTION 2.
3-23 Said chapter is further amended by striking in its entirety
3-24 Code Section 43-11-2, relating to the creation and
3-25 composition of the board, qualifications and voting rights
3-26 of members, terms of office, vacancies, and enjoining
3-27 violations, and inserting in lieu thereof a new Code Section
3-28 43-11-2 to read as follows:
3-29 "43-11-2.
3-30 (a) A board to be known as the Georgia Board of Dentistry
3-31 is created. The board shall consist of 11 members to be
3-32 appointed and commissioned by the Governor as provided in
3-33 subsection (b) of this Code section.
3-34 (b)(1) Nine members of the board shall be dentists and
3-35 shall be appointed as follows: The members of the board
3-36 who are dentists serving on July 1, 1981, shall continue
3-37 to serve out their respective terms of office. As each
3-38 such member's term of office subsequently expires, the
3-39 Governor shall appoint a new member who shall be a
3-40 practicing dentist licensed by this state. The Georgia
3-41 Dental Association may, at each annual meeting, nominate
3-42 four reputable practicing dentists for each expired or
-3-
4- 1 next expiring board member's term; and, from each group
4- 2 of four dentists so nominated, the Governor may appoint
4- 3 one as the new member of said board.
4- 4 (2) One member of the board shall be a dental hygienist
4- 5 who is not a dentist, who is a resident of this state,
4- 6 and who is a practicing dental hygienist in this state
4- 7 and shall be appointed by the Governor. No one shall be
4- 8 eligible as a dental hygienist member of the board
4- 9 unless he or she is a citizen of this state and has
4-10 lawfully practiced as a dental hygienist for five or
4-11 more years at the time of his or her appointment and is
4-12 not financially interested in, nor connected with, any
4-13 dental college or dental hygiene school. If such a
4-14 member ceases to be a resident of this state or ceases
4-15 practicing in this state, that position on the board
4-16 shall be deemed vacated. The Georgia Dental Hygienists
4-17 Association may nominate four reputable dental
4-18 hygienists who are not dentists for each expired or
4-19 expiring term; and, from each group of four dental
4-20 hygienists so nominated, the Governor may appoint one as
4-21 the new member of the board.
4-22 (3) One member of the board shall be a citizen of this
4-23 state who is not a dentist or a dental hygienist and
4-24 shall be appointed by the Governor.
4-25 (4) Except as otherwise provided in paragraphs (6) and
4-26 (7) of this subsection, the term of office of each
4-27 member of the board shall be for five years and until
4-28 the appointment and qualification of a successor.
4-29 (5) Each vacancy on the board shall be filled by the
4-30 Governor for the unexpired term in the same manner as
4-31 the original appointment.
4-32 (6) The term of the initial member appointed pursuant to
4-33 paragraph (2) of this subsection shall be for a term of
4-34 two years beginning July 1, 1978, and ending June 30,
4-35 1980.
4-36 (7) The term of the initial member appointed pursuant to
4-37 paragraph (3) of this subsection shall be for a term of
4-38 four years beginning July 1, 1978, and ending June 30,
4-39 1982.
4-40 (c) No one shall be eligible as a dentist member of the
4-41 board unless he or she is a citizen of this state and has
4-42 lawfully engaged in the practice of dentistry for five or
-4-
5- 1 more years at the time of his or her appointment and is
5- 2 not financially interested in, nor connected with, any
5- 3 dental college.
5- 4 (d)(1) The dental hygienist member of the board may vote
5- 5 only on matters relating to dental hygiene,
5- 6 administration, and policy which do not directly relate
5- 7 to practical or scientific examination of dentists for
5- 8 licensing in this state.
5- 9 (2) The citizen member of the board who is not a dentist
5-10 or dental hygienist may vote only on matters relating to
5-11 administration and policy which do not directly relate
5-12 to practical and scientific examination of dentists and
5-13 dental hygienists for licensing in this state.
5-14 (e) The board may bring an action to enjoin any person,
5-15 firm, or partnership, corporation, or other entity who
5-16 without being licensed or registered to do so by the board
5-17 engages in or practices the profession of dentistry. The
5-18 proceeding shall be filed in the county in which such
5-19 person resides or, in the case of a firm, partnership, or
5-20 corporation, or other entity where the firm, partnership,
5-21 or corporation, or other entity maintains its principal
5-22 office. Unless it shall be made to appear that such
5-23 person, firm, or partnership, corporation, or other entity
5-24 so engaging in or practicing dentistry is licensed or
5-25 registered, the injunction shall be issued, and such
5-26 person, firm, or partnership, corporation, or other entity
5-27 shall be perpetually enjoined from such activities
5-28 throughout the state. It shall not be necessary in order
5-29 to obtain the equitable relief provided in this subsection
5-30 that the board allege and prove that there is no adequate
5-31 remedy at law. It is declared that such unlicensed
5-32 activities as are mentioned in this Code section chapter
5-33 are a menace and a nuisance dangerous to the public
5-34 health, safety, and welfare."
5-35 SECTION 3.
5-36 Said chapter is further amended by striking in its entirety
5-37 Code Section 43-11-5, relating to the duty of members to
5-38 notify joint-secretary of address, and inserting in lieu
5-39 thereof a new Code Section 43-11-5 to read as follows:
5-40 "43-11-5.
5-41 Each member of the board, upon the receipt of his or her
5-42 commission, shall file with the joint-secretary his or her
-5-
6- 1 post office address and thereafter a notice of any change
6- 2 therein. Any notice mailed to such address by the
6- 3 joint-secretary shall be deemed to comply with the
6- 4 requirements of this chapter as notice to him or her."
6- 5 SECTION 4.
6- 6 Said chapter is further amended by striking in its entirety
6- 7 Code Section 43-11-7, relating to the powers and duties of
6- 8 board, and inserting in lieu thereof a new Code Section
6- 9 43-11-7 to read as follows:
6-10 "43-11-7.
6-11 The board shall perform such duties and possess and
6-12 exercise such powers, relative to the protection of the
6-13 public health and the control and regulation of the
6-14 practice of dentistry as this chapter prescribes and
6-15 confers upon it. The board shall have the power and
6-16 authority to promulgate rules and regulations to carry out
6-17 the performance of its duties as set forth in this
6-18 chapter."
6-19 SECTION 5.
6-20 Said chapter is further amended by striking in its entirety
6-21 Code Section 43-11-11, relating to the census of practicing
6-22 dentists and publication of names, and inserting in lieu
6-23 thereof a new Code Section 43-11-11 to read as follows:
6-24 "43-11-11.
6-25 The board may, from time to time, through its members or
6-26 other suitable persons, take a census of all practicing
6-27 dentists and dental hygienists of any locality, city, or
6-28 county in the state when it may consider it necessary for
6-29 the purpose of carrying out this chapter; the board may at
6-30 any time cause the names of all regularly licensed
6-31 dentists and dental hygienists in any locality, city, or
6-32 county to be posted or published; and the board is
6-33 authorized to pay for taking such census and posting or
6-34 publishing such names."
6-35 SECTION 6.
6-36 Said chapter is further amended by striking in its entirety
6-37 Code Section 43-11-12, relating to public inspection of
6-38 board records, copies of records as evidence, and
6-39 certification of copies, and inserting in lieu thereof a new
6-40 Code Section 43-11-12 to read as follows:
-6-
7- 1 "43-11-12.
7- 2 It shall be the duty of the joint-secretary to keep at his
7- 3 or her office the minutes of the board, together with all
7- 4 the books and records of the board, which books and
7- 5 records shall, except as provided in subsection (k) of
7- 6 Code Section 43-1-2, be public records open to inspection
7- 7 by the public except on Sundays and legal holidays. A copy
7- 8 of all or any part of any record or book certified by the
7- 9 joint-secretary, with the seal of the board attached,
7-10 shall be primary evidence in any court; and it shall be
7-11 the duty of the joint-secretary to furnish to any person
7-12 making application therefor a copy of any part or all of
7-13 any record or book of the board upon the applicant's
7-14 paying a fee prescribed by the joint-secretary. All of
7-15 such copies shall be certified by the joint-secretary and
7-16 be under the seal of the board."
7-17 SECTION 7.
7-18 Said chapter is further amended by striking subsection (a)
7-19 of Code Section 43-11-13, relating to service of orders and
7-20 subpoenas of the board, and inserting in lieu thereof a new
7-21 subsection (a) to read as follows:
7-22 "(a) It shall be the duty of the several sheriffs, their
7-23 deputies, and the constables to serve any and all lawful
7-24 orders and subpoenas of the board. The board may also
7-25 appoint any other person to serve any decision, order, and
7-26 or subpoena of the board, which person's duty it shall be
7-27 to execute the same."
7-28 SECTION 8.
7-29 Said chapter is further amended by striking in its entirety
7-30 Code Section 43-11-14, relating to enforcement of orders and
7-31 subpoenas of the board and contempt, and inserting in lieu
7-32 thereof a new Code Section 43-11-14 to read as follows:
7-33 "43-11-14.
7-34 The board shall have the power to enforce any and all of
7-35 its lawful orders or subpoenas; to punish as for a
7-36 contempt anyone obstructing or violating the same and
7-37 shall also have the power to conduct any and all hearings
7-38 before it in an orderly and legal manner; to punish anyone
7-39 as for a contempt who may attempt to or who shall
7-40 interfere with or in any manner obstruct such hearing; and
7-41 may also punish as for a contempt any act of indecorum or
7-42 discourtesy committed in the presence of the board when in
-7-
8- 1 session. The board may fine anyone an amount not exceeding
8- 2 $100.00 for a contempt and in default of the payment
8- 3 thereof may commit the offender to any common jail for not
8- 4 more than ten days make application to any superior court
8- 5 having jurisdiction to confine the offender to jail for
8- 6 not more than ten days."
8- 7 SECTION 9.
8- 8 Said chapter is further amended by striking paragraph (7) of
8- 9 subsection (a) of Code Section 43-11-17, relating to acts
8-10 which constitute the practice of dentistry, and inserting in
8-11 lieu thereof a new paragraph (7) to read as follows:
8-12 "(7) Undertakes to do or perform any physical evaluation
8-13 of a patient in his or her office or in a hospital,
8-14 clinic, or other medical or dental facility prior to,
8-15 incident to, and appropriate to the performance of any
8-16 dental services or oral or maxillofacial surgery;".
8-17 SECTION 10.
8-18 Said chapter is further amended by striking in its entirety
8-19 Code Section 43-11-19, relating to compliance with chapter
8-20 as prerequisite to collection of fees for services, and
8-21 inserting in lieu thereof a new Code Section 43-11-19 to
8-22 read as follows:
8-23 "43-11-19.
8-24 No person who practices dentistry in this state shall be
8-25 entitled to collect any fee or reward for his or her
8-26 services without first complying with this chapter."
8-27 SECTION 11.
8-28 Said chapter is further amended by striking in its entirety
8-29 Code Section 43-11-20, relating to college clinics, and
8-30 inserting in lieu thereof a new Code Section 43-11-20 to
8-31 read as follows:
8-32 "43-11-20.
8-33 (a) Nothing in this chapter shall prohibit regularly
8-34 chartered accredited dental colleges or dental departments
8-35 of reputable colleges and universities from maintaining
8-36 college on-campus training clinics and affiliated sites
8-37 for the purpose of educational training of dental students
8-38 approved by the board under the supervision of registered
8-39 demonstrators licensed dentists or instructors; nor shall
8-40 this chapter prevent regularly licensed dental
-8-
9- 1 practitioners of other states and countries from giving
9- 2 clinics before any dental society or association of this
9- 3 state whose objects are the advancement and improvement of
9- 4 dentistry as a science.
9- 5 (b) Nothing in this chapter shall prevent students of
9- 6 accredited dental colleges in this state from engaging in
9- 7 activities otherwise defined as the practice of dentistry,
9- 8 provided that said students work under the direct
9- 9 supervision and responsibility of a licensed dentist or
9-10 instructor as a part of a training clinic; nor shall this
9-11 chapter prevent students of accredited dental hygiene
9-12 schools in this state from engaging in activities
9-13 otherwise defined as the practice of dental hygiene,
9-14 provided that said students work under the direct
9-15 supervision and responsibility of a licensed dentist or
9-16 dental hygienist as a part of an on-campus training clinic
9-17 or at affiliated sites approved by said schools or
9-18 colleges and the board for the purpose of educational
9-19 training. Nothing in this chapter shall prevent regularly
9-20 chartered and accredited dental said schools or colleges
9-21 in this state of dentistry or dental hygiene from
9-22 establishing and collecting charges for services rendered
9-23 by training students under the supervision of a licensed
9-24 demonstrator dentist, licensed dental hygienist, or
9-25 instructor. These charges shall not exceed charges made
9-26 by similar dental schools and colleges located within the
9-27 United States.
9-28 (c) Nothing in this chapter shall be construed to prohibit
9-29 the administration of a board approved clinical licensure
9-30 examination as a prerequisite for licensure as a dentist
9-31 or dental hygienist in this state. Nothing in this
9-32 chapter shall prevent the conducting of a Georgia clinical
9-33 licensure examination by a board approved examiner who is
9-34 licensed as a dentist or dental hygienist in another
9-35 jurisdiction. Nothing in this chapter shall prevent the
9-36 taking of a Georgia clinical licensure examination by an
9-37 individual who is eligible to apply for licensure as a
9-38 dentist or dental hygienist in this state."
9-39 SECTION 12.
9-40 Said chapter is further amended by striking subsection (a)
9-41 of Code Section 43-11-21.1, relating to general anesthesia,
9-42 and inserting in lieu thereof a new subsection (a) to read
9-43 as follows:
-9-
10- 1 "(a) No dentist shall administer general anesthesia on an
10- 2 outpatient basis unless such dentist has been issued a
10- 3 permit by the board under the conditions specified in this
10- 4 Code section. Such permit shall be subject to biennial
10- 5 renewal at the time the dentist is required to renew his
10- 6 or her license to practice dentistry. It shall be the
10- 7 responsibility of the dentist to provide such information
10- 8 as the board may require and to pay the separate initial
10- 9 issuance and renewal fees for the permit as may be
10-10 established by the board."
10-11 SECTION 13.
10-12 Said chapter is further amended by striking in its entirety
10-13 Code Section 43-11-22, relating to exceptions to application
10-14 of chapter, and inserting in lieu thereof a new Code Section
10-15 43-11-22 to read as follows:
10-16 "43-11-22.
10-17 This chapter shall not apply to regularly licensed
10-18 physicians licensed in this state in extracting teeth or
10-19 performing surgical operations. This chapter also shall
10-20 not apply to any person who extracts any exfoliating
10-21 deciduous teeth."
10-22 SECTION 14.
10-23 Said chapter is further amended by striking in its entirety
10-24 Code Section 43-11-42, relating to reciprocity, and
10-25 inserting in lieu thereof a new Code Section 43-11-42 to
10-26 read as follows:
10-27 "43-11-42.
10-28 (a) The board may issue, in its discretion, without
10-29 examination, teachers' or instructors' licenses to
10-30 dentists holding a dental license from another state and
10-31 to dental hygienists holding a dental hygienist license
10-32 from another state. A teacher's or instructor's license
10-33 shall only be issued to a dentist or dental hygienist who
10-34 has graduated from a school or college accredited by the
10-35 Commission on Dental Accreditation of the American Dental
10-36 Association or its successor agency, if any, for the sole
10-37 purpose of teaching or demonstrating instructing, in a
10-38 regularly licensed in an accredited dental college or
10-39 training clinic or accredited dental hygiene school in
10-40 this state, those procedures and services recognized in
10-41 this state to be within the scope of practice of such
10-42 person's professional license.
-10-
11- 1 (b) The board may issue, in its discretion, without
11- 2 examination, a license to dentists for the sole purpose of
11- 3 practicing public health dentistry in an official state or
11- 4 a local health department or to render dental services to
11- 5 patients in state operated eleemosynary or correctional
11- 6 institutions, provided that these dentists possess a
11- 7 license in another state, are in good standing in said
11- 8 state, and have graduated from an accredited school of
11- 9 dentistry dental college. Such license shall be
11-10 considered to be a temporary license which shall be valid
11-11 for a period to be established by board rule.
11-12 (c) The cost of such teacher's, instructor's, or public
11-13 health temporary license shall be established by the
11-14 board.
11-15 (d) The board may also, in its discretion, enter into an
11-16 agreement with any similar board of any other state to the
11-17 effect that each party to such agreement, under the
11-18 conditions therein stipulated, will grant licenses to
11-19 practicing dentists on the basis of a license having been
11-20 granted by the other party to the agreement.
11-21 (e) Any license issued under this Code section shall be
11-22 subject to the disciplinary standards and procedures set
11-23 forth in Code Section 43-11-47."
11-24 SECTION 15.
11-25 Said chapter is further amended by striking in its entirety
11-26 Code Section 43-11-43, relating to fees, and inserting in
11-27 lieu thereof a new Code Section 43-11-43 to read as follows:
11-28 "43-11-43.
11-29 Each person applying for examination for a license to
11-30 practice dentistry shall, at the time of making his or her
11-31 application, pay to the joint-secretary a fee to be set by
11-32 the board. Each person applying for the renewal of a
11-33 license or authority to practice dentistry or for the
11-34 establishment of a license or authority that has been lost
11-35 shall, at the time of making his or her application, pay
11-36 to the joint-secretary a fee to be set by the board. Such
11-37 fee shall cover the entire service for granting or issuing
11-38 licenses to practice dentistry."
-11-
12- 1 SECTION 16.
12- 2 Said chapter is further amended by inserting after Code
12- 3 Section 43-11-43 a new Code Section 43-11-44 to read as
12- 4 follows:
12- 5 "43-11-44.
12- 6 It is a matter of public interest that all decisions
12- 7 involving or affecting the clinical dental treatment of a
12- 8 patient shall be left to the sole discretion of the
12- 9 licensed dentist providing treatment to the patient. The
12-10 board shall be authorized to promulgate rules and
12-11 regulations to supplement and ensure compliance with the
12-12 requirements of this Code section."
12-13 SECTION 17.
12-14 Said chapter is further amended by striking in its entirety
12-15 Code Section 43-11-47, relating to refusal to grant, or
12-16 revocation of, licenses and disciplining licensees, and
12-17 inserting in lieu thereof a new Code Section 43-11-47 to
12-18 read as follows:
12-19 "43-11-47.
12-20 (a) The board shall have the authority to refuse to grant
12-21 a license to an applicant or to revoke the license of a
12-22 dentist licensed by the board or to discipline a dentist
12-23 licensed under this chapter or any antecedent law upon a
12-24 finding by a majority of the entire board that the
12-25 licensee or applicant has:
12-26 (1) Failed to demonstrate the qualifications or
12-27 standards for a license contained in this chapter or in
12-28 the rules and regulations issued by the board, pursuant
12-29 to specific statutory authority; it shall be incumbent
12-30 upon the applicant to demonstrate to the satisfaction of
12-31 the board that he or she meets all the requirements for
12-32 the issuance of a license, and, if the board is not
12-33 satisfied as to the applicant's qualifications, it may
12-34 deny a license without a prior hearing; provided,
12-35 however, that the applicant shall be allowed to appear
12-36 before the board if he or she so desires;
12-37 (2) Knowingly made misleading, deceptive, untrue, or
12-38 fraudulent representations in the practice of dentistry
12-39 or on any document connected therewith; or practiced
12-40 fraud or deceit or intentionally made any false
12-41 statement in obtaining a license to practice dentistry;
-12-
13- 1 or made a false statement or deceptive annual
13- 2 registration with the board;
13- 3 (3) Been convicted of any felony or of any crime
13- 4 involving moral turpitude in the courts of this state or
13- 5 any other state, territory, or country or in the courts
13- 6 of the United States; as used in this subsection, the
13- 7 term 'felony' shall include any offense which, if
13- 8 committed in this state, would be deemed a felony
13- 9 without regard to its designation elsewhere; and, as
13-10 used in this subsection, the term 'conviction' shall
13-11 include a finding or verdict of guilty or a plea of
13-12 guilty, regardless of whether an appeal of the
13-13 conviction has been sought;
13-14 (4) Been arrested, charged, and sentenced for the
13-15 commission of any felony, or any crime involving moral
13-16 turpitude, where:
13-17 (A) A plea of nolo contendere was entered to the
13-18 charge;
13-19 (B) First offender treatment without adjudication of
13-20 guilt pursuant to the charge was granted; or
13-21 (C) An adjudication or sentence was otherwise withheld
13-22 or not entered on the charge.
13-23 The plea of nolo contendere or the order entered
13-24 pursuant to the provisions of Article 3 of Chapter 8 of
13-25 Title 42 or other first offender treatment shall be
13-26 conclusive evidence of arrest and sentencing for such
13-27 crime;
13-28 (5) Had his or her license to practice dentistry
13-29 revoked, suspended, or annulled by any lawful licensing
13-30 dental authority other than the board; or had other
13-31 disciplinary action taken against him or her by any
13-32 lawful licensing dental authority other than the board;
13-33 or was denied a license by any lawful licensing dental
13-34 authority other than the board, pursuant to disciplinary
13-35 proceedings; or was refused the renewal of a license by
13-36 any lawful licensing dental authority other than the
13-37 board, pursuant to disciplinary proceedings;
13-38 (6) Engaged in any unprofessional, immoral, unethical,
13-39 deceptive, or deleterious conduct or practice harmful to
13-40 the public, which conduct or practice materially affects
13-41 the fitness of the licensee or applicant to practice
13-42 dentistry, or of a nature likely to jeopardize the
-13-
14- 1 interest of the public, which conduct or practice need
14- 2 not have resulted in actual injury to any person or be
14- 3 directly related to the practice of dentistry but shows
14- 4 that the licensee or applicant has committed any act or
14- 5 omission which is indicative of bad moral character or
14- 6 untrustworthiness; unprofessional conduct shall also
14- 7 include any departure from, or the failure to conform
14- 8 to, the minimal standards of acceptable and prevailing
14- 9 dental practice;
14-10 (7)(A) Engaged in the practice of dentistry as an
14-11 employee of any individual not licensed to practice
14-12 dentistry in this state or engaged in the practice of
14-13 dentistry as an officer or employee of any corporation
14-14 other than one organized and existing pursuant to
14-15 Chapter 10 of Title 14, 'The Georgia Professional
14-16 Association Act,' or Chapter 7 of Title 14, the
14-17 'Georgia Professional Corporation Act,' or engaged in
14-18 the practice of dentistry as an employee, manager, or
14-19 member of any limited liability company organized and
14-20 existing pursuant to Chapter 11 of Title 14 or a
14-21 limited liability partnership pursuant to Chapter 8 of
14-22 Title 14 other than one in which all members are
14-23 licensed dentists and all professional services and
14-24 professional judgment decisions are delivered by and
14-25 made by licensed dentists, except as a licensed
14-26 dentist or an intern or resident of a hospital or
14-27 teaching institution licensed by this state;.
14-28 (B) Possession of an ownership interest of a deceased
14-29 licensed dentist in a limited liability company which
14-30 is wholly owned by licensed dentists as described in
14-31 subparagraph (A) of this paragraph shall not
14-32 constitute a violation of that subparagraph if that
14-33 interest is transferred to another licensed dentist
14-34 member or redeemed by the limited liability company
14-35 within six months after the date of death of that
14-36 licensed dentist member;
14-37 (8) Used any trade name or corporate name in connection
14-38 with the practice of dentistry except as authorized by
14-39 this paragraph, provided that the board shall be
14-40 notified in writing of the intended use of a trade name
14-41 or corporate name; the party submitting such name shall
14-42 be notified in writing within 90 days after submission
14-43 as to the approval or rejection of the proposed name; if
14-44 the proposed name is rejected, the party submitting same
-14-
15- 1 shall have 15 days from receipt of notice of the
15- 2 rejection to submit a new proposal or to appear before
15- 3 the board; the board shall have the authority to reject,
15- 4 in its discretion, and without a hearing in accordance
15- 5 with Chapter 13 of Title 50, the 'Georgia Administrative
15- 6 Procedure Act,' any proposed name which is misleading to
15- 7 the public or confusingly similar to other names having
15- 8 been approved by the board; the board shall not reject
15- 9 any proposed name without reasonable cause; the fact
15-10 that the name to be used is not the name of the party or
15-11 parties giving notice shall not be grounds to reject the
15-12 proposed name; no name rejected for any party shall be
15-13 approved for any other party without reasonable cause;
15-14 and the board shall be authorized to promulgate rules
15-15 and regulations to carry out the purposes of this
15-16 paragraph Reserved;
15-17 (9) Knowingly performed any act which in any way aids,
15-18 assists, procures, advises, or encourages any unlicensed
15-19 person or any licensee whose license has been suspended
15-20 or revoked by the board to practice dentistry or to
15-21 practice outside the scope of any disciplinary
15-22 limitation placed upon the licensee by the board;
15-23 (10) Violated a statute, law, or any rule or regulation
15-24 of this state, any other state, the board, the United
15-25 States, or any other lawful authority (without regard to
15-26 whether the violation is criminally punishable), which
15-27 statute, law, or rule or regulation relates to or in
15-28 part regulates the practice of dentistry, when the
15-29 licensee or applicant knows or should know that such
15-30 action is violative of such statute, law, or rule; or
15-31 violated a lawful order of the board previously entered
15-32 by the board in a disciplinary hearing, consent decree,
15-33 or license reinstatement;
15-34 (11) Been adjudged mentally incompetent by a court of
15-35 competent jurisdiction within or without outside this
15-36 state; any such adjudication shall automatically suspend
15-37 the license of any such person and shall prevent the
15-38 reissuance or renewal of any license so suspended for as
15-39 long as the adjudication of incompetence is in effect;
15-40 (12) Displayed an inability to practice dentistry with
15-41 reasonable skill and safety to patients or has become
15-42 unable to practice dentistry with reasonable skill and
15-43 safety to patients by reason of illness, use of alcohol,
15-44 drugs, narcotics, chemicals, or any other type of
-15-
16- 1 material, or as a result of any mental or physical
16- 2 condition, or by reason of displaying habitual
16- 3 intoxication, addiction to, or recurrent personal misuse
16- 4 of alcohol, drugs, narcotics, chemicals, or any other
16- 5 type of similar substances. In enforcing this paragraph,
16- 6 the board may, upon reasonable grounds, require a
16- 7 licensee or applicant to submit to a mental or physical
16- 8 examination by physicians designated by the board. The
16- 9 results of such examination shall be admissible in any
16-10 hearing before the board, notwithstanding any claim of
16-11 privilege under a contrary rule of law or statute. Every
16-12 person who shall accept the privilege of practicing
16-13 dentistry in this state, or shall file an application
16-14 for a license to practice dentistry in this state, shall
16-15 be deemed to have given that person's consent to submit
16-16 to such mental or physical examination and to have
16-17 waived all objections to the admissibility of the
16-18 results in any hearing before the board upon the grounds
16-19 that the same constitutes a privileged communication. If
16-20 a licensee or applicant fails to submit to such an
16-21 examination when properly directed to do so by the
16-22 board, unless such failure is due to circumstances
16-23 beyond his or her control, the board may enter a final
16-24 order upon proper notice, hearing, and proof of such
16-25 refusal. Any licensee or applicant who is prohibited
16-26 from practicing dentistry under this subsection shall at
16-27 reasonable intervals be afforded an opportunity to
16-28 demonstrate to the board that such person can resume or
16-29 begin the practice of dentistry with reasonable skill
16-30 and safety to patients;
16-31 (13) Reserved;
16-32 (14) Engaged in the excessive prescribing or
16-33 administering of drugs or treatment or the use of
16-34 diagnostic procedures which are detrimental to the
16-35 patient as determined by the customary practice and
16-36 standards of the local community of licensees; or
16-37 knowingly prescribed controlled drug substances or any
16-38 other medication without a legitimate dental purpose; or
16-39 knowingly overprescribed controlled drug substances or
16-40 other medication, in light of the condition of the
16-41 patient at the time of prescription; or
16-42 (15) Knowingly made any fraudulent, misleading, or
16-43 deceptive statement in any form of advertising or made
16-44 any statement in any advertisement concerning the
-16-
17- 1 quality of the dental services rendered by that dentist
17- 2 or any dentist associated with him or her. For purposes
17- 3 of this paragraph, 'advertising' shall include any
17- 4 information communicated in a manner designated to
17- 5 attract public attention to the practice of the
17- 6 licensee.
17- 7 (b) The provisions of Chapter 13 of Title 50, the 'Georgia
17- 8 Administrative Procedure Act,' with respect to emergency
17- 9 action by the board and summary suspension of a license
17-10 are adopted and incorporated by reference into this
17-11 chapter.
17-12 (c) For purposes of this Code section, the board may
17-13 obtain, and is authorized to subpoena, upon reasonable
17-14 grounds, any and all records relating to the mental or
17-15 physical condition of a licensee or applicant, and such
17-16 records shall be admissible in any hearing before the
17-17 board.
17-18 (d) When the board finds that any person is unqualified to
17-19 be granted a license or finds that any person should be
17-20 disciplined pursuant to subsection (a) of this Code
17-21 section, the board may take any one or more of the
17-22 following actions:
17-23 (1) Refuse to grant or renew a license to an applicant;
17-24 (2) Administer a public or private reprimand, but a
17-25 private reprimand shall not be disclosed to any person
17-26 except the licensee;
17-27 (3) Suspend any license for a definite period or for an
17-28 indefinite period in connection with any condition which
17-29 may be attached to the restoration of said license;
17-30 (4) Limit or restrict any license as the board deems
17-31 necessary for the protection of the public;
17-32 (5) Revoke any license; or
17-33 (6) Condition the penalty upon, or withhold formal
17-34 disposition pending, the applicant's or licensee's
17-35 submission to such care, counseling, or treatment as the
17-36 board may direct.
17-37 (e) In addition to and in conjunction with the actions
17-38 described in subsection (d) of this Code section, the
17-39 board may make a finding adverse to the licensee or
17-40 applicant but withhold imposition of judgment and penalty;
17-41 or it may impose the judgment and penalty but suspend
-17-
18- 1 enforcement thereof and place the licensee on probation,
18- 2 which probation may be vacated upon noncompliance with
18- 3 such reasonable terms as the board may impose.
18- 4 (f) Initial judicial review of a final decision of the
18- 5 board shall be had solely in the superior court of the
18- 6 county of domicile of the board.
18- 7 (g) In its discretion, the board may reinstate a license
18- 8 which has been revoked or issue a license which has been
18- 9 denied or refused, following such procedures as the board
18-10 may prescribe by rule; and, as a condition thereof, it may
18-11 impose any disciplinary or corrective method provided in
18-12 this chapter.
18-13 (h)(1) The joint-secretary is vested with the power and
18-14 authority to make, or cause to be made through employees
18-15 or agents of the board, such investigations as he or she
18-16 or the board may deem necessary or proper for the
18-17 enforcement of the provisions of this chapter. Any
18-18 person properly conducting an investigation on behalf of
18-19 the board shall have access to and may examine any
18-20 writing, document, or other material relating to the
18-21 fitness of any licensee or applicant. The
18-22 joint-secretary or his or her appointed representative
18-23 may issue subpoenas to compel such access upon a
18-24 determination that reasonable grounds exist for the
18-25 belief that a violation of this chapter or any other law
18-26 relating to the practice of dentistry may have taken
18-27 place. Upon approval of the board, any person properly
18-28 conducting an investigation on behalf of the board shall
18-29 have access to and shall have the right to examine the
18-30 physical premises of a dental practice.
18-31 (2) The results of all investigations initiated by the
18-32 board shall be reported solely to the board, and the
18-33 records of such investigations shall be kept for the
18-34 board by the joint-secretary, with the board retaining
18-35 the right to have access at any time to such records. No
18-36 part of any such records shall be released, except to
18-37 the board, for any purpose other than a hearing before
18-38 the board, nor shall such records be subject to
18-39 subpoena; provided, however, that the board shall be
18-40 authorized to release such records to another
18-41 enforcement agency or lawful licensing authority.
18-42 (3) All records relating to any patient of a licensee
18-43 who is the subject of a board inquiry shall be
-18-
19- 1 admissible at any hearing held to determine whether a
19- 2 violation of this chapter has taken place, regardless of
19- 3 any statutory privilege; provided, however, that any
19- 4 documentary evidence relating to a patient shall be
19- 5 reviewed in camera and shall not be disclosed to the
19- 6 public.
19- 7 (4) The board shall have the authority to exclude all
19- 8 persons during its deliberations on disciplinary
19- 9 proceedings and to discuss any disciplinary matter in
19-10 private with a licensee or applicant and the legal
19-11 counsel of that licensee or applicant.
19-12 (i) A person, firm, corporation, association, authority,
19-13 or other entity shall be immune from civil and criminal
19-14 liability for reporting or investigating the acts or
19-15 omissions of a licensee or applicant which violate the
19-16 provisions of subsection (a) of this Code section or any
19-17 other provision of law relating to a licensee's or
19-18 applicant's fitness to practice as a dentist, dental
19-19 hygienist, or dental assistant or for initiating or
19-20 conducting proceedings against such licensee or applicant,
19-21 if such report is made or action is taken in good faith,
19-22 without fraud or malice. Any person who testifies or who
19-23 makes a recommendation to the board in the nature of peer
19-24 review, in good faith, without fraud or malice, before the
19-25 board in any proceeding involving the provisions of
19-26 subsection (a) of this Code section or any other law
19-27 relating to a licensee's or applicant's fitness to
19-28 practice as a dentist or a dental hygienist shall be
19-29 immune from civil and criminal liability for so
19-30 testifying.
19-31 (j) Neither a denial of a license on grounds other than
19-32 those enumerated in subsection (a) nor the issuance of a
19-33 private reprimand nor the denial of a license by
19-34 reciprocity nor the denial of a request for reinstatement
19-35 of a revoked license nor the refusal to issue a previously
19-36 denied license nor the denial of an application to use a
19-37 particular corporate or trade name shall be considered to
19-38 be a contested case within the meaning of Chapter 13 of
19-39 Title 50, the 'Georgia Administrative Procedure Act';
19-40 notice and hearing within the meaning of Chapter 13 of
19-41 Title 50 shall not be required, but the applicant or
19-42 licensee shall be allowed to appear before the board if he
19-43 or she so requests.
-19-
20- 1 (k) If any licensee or applicant fails to appear at any
20- 2 hearing after reasonable notice, the board may proceed to
20- 3 hear the evidence against such licensee or applicant and
20- 4 take action as if such licensee or applicant had been
20- 5 present. A notice of hearing, initial or recommended
20- 6 decision, or final decision of the board in a disciplinary
20- 7 proceeding shall be served upon the licensee or applicant
20- 8 by certified mail, return receipt requested, to the last
20- 9 known address of record with the board. If such material
20-10 is returned marked 'unclaimed' or 'refused' or is
20-11 otherwise undeliverable and if the licensee or applicant
20-12 cannot, after diligent effort, be located, the
20-13 joint-secretary shall be deemed to be the agent for
20-14 service for such licensee or applicant for purposes of
20-15 this Code section, and service upon the joint-secretary
20-16 shall be deemed to be service upon the licensee or
20-17 applicant.
20-18 (l) The voluntary surrender of a license shall have the
20-19 same effect as a revocation of said license, subject to
20-20 reinstatement in the discretion of the board.
20-21 (m) This Code section shall apply equally to all licensees
20-22 or applicants whether individuals, partners, or members of
20-23 any other incorporated or unincorporated associations,
20-24 limited liability companies, corporations, or other
20-25 associations of any kind whatsoever.
20-26 (n) All subpoenas issued pursuant to the authority granted
20-27 in this chapter shall be subject to the general rules of
20-28 law with respect to distance, tender of fees and expenses,
20-29 and protective orders; provided, further, any motion made
20-30 with respect thereto shall be made to and passed on by a
20-31 judge of the superior court of the county of residence of
20-32 the person to whom the subpoena is directed."
20-33 SECTION 18.
20-34 Said chapter is further amended by striking in its entirety
20-35 Code Section 43-11-49, relating to burden of proof as to
20-36 authority to practice dentistry, and inserting in lieu
20-37 thereof a new Code Section 43-11-49 to read as follows:
20-38 "43-11-49.
20-39 On the trial of anyone charged with the violation of this
20-40 chapter or with the illegal practice of dentistry, it
20-41 shall be incumbent on the defendant, upon proof that he or
20-42 she practiced dentistry, to show that he or she had
-20-
21- 1 authority under the law to practice dentistry in order to
21- 2 exempt himself or herself from the penalty for such
21- 3 violation."
21- 4 SECTION 19.
21- 5 Said chapter is further amended by striking in its entirety
21- 6 Code Section 43-11-50, relating to practice of dentistry
21- 7 without a license, and inserting in lieu thereof a new Code
21- 8 Section 43-11-50 to read as follows:
21- 9 "43-11-50.
21-10 Any person, firm, partnership, corporation, or other
21-11 entity who practices dentistry in this state without
21-12 obtaining a license to practice from the board shall be
21-13 guilty of a misdemeanor upon conviction for the first such
21-14 offense, a high and aggravated misdemeanor upon conviction
21-15 for the second such offense, and a felony upon conviction
21-16 for the third or subsequent such offense."
21-17 SECTION 20.
21-18 Said chapter is further amended by striking in its entirety
21-19 Code Section 43-11-51, relating to practicing dentistry
21-20 under another's license, and inserting in lieu thereof a new
21-21 Code Section 43-11-51 to read as follows:
21-22 "43-11-51.
21-23 Any person, firm, partnership, corporation, or other
21-24 entity who practices dentistry or performs any dental
21-25 operation under the protection of another's license shall
21-26 be guilty of a misdemeanor."
21-27 SECTION 21.
21-28 Said chapter is further amended by striking in its entirety
21-29 Code Section 43-11-73.1, relating to continuing education
21-30 requirement, waiver, and authority of board, and inserting
21-31 in lieu thereof a new Code Section 43-11-73.1 to read as
21-32 follows:
21-33 "43-11-73.1.
21-34 (a) The board shall be authorized to require persons
21-35 seeking renewal of a dental hygienist license to complete
21-36 board approved continuing education of not less than 22 20
21-37 hours biennially. The board shall be authorized to
21-38 approve courses offered by institutions of higher learning
21-39 and professional organizations. At least 15 hours of
21-40 continuing education in each renewal cycle shall be
-21-
22- 1 scientifically based. Time required to obtain
22- 2 certification in cardiopulmonary resuscitation pursuant to
22- 3 subsection (c) of Code Section 43-11-73 shall not be
22- 4 includable as continuing education required by this
22- 5 subsection.
22- 6 (b) The board shall be authorized to waive the continuing
22- 7 education requirements in cases of hardship, disability,
22- 8 or illness or under such other circumstances as the board
22- 9 deems appropriate.
22-10 (c) The board shall be authorized to promulgate rules and
22-11 regulations to implement and ensure compliance with the
22-12 requirements of this Code section.
22-13 (d) This Code section shall apply to each licensing,
22-14 certification, and renewal cycle which begins after the
22-15 1990-1991 renewal."
22-16 SECTION 22.
22-17 Said chapter is further amended by striking in its entirety
22-18 Code Section 43-11-75, relating to the applicability of the
22-19 article, and inserting in lieu thereof a new Code Section
22-20 43-11-75 to read as follows:
22-21 "43-11-75.
22-22 This article shall not apply to licensed dentists, nor
22-23 shall this article apply to regularly licensed physicians
22-24 licensed in this state in extracting teeth or performing
22-25 surgical operations and in charging therefor or to
22-26 regularly chartered accredited schools of dentistry."
22-27 SECTION 23.
22-28 Said chapter is further amended by striking in its entirety
22-29 Code Section 43-11-82, relating to the applicability of the
22-30 article, and inserting in lieu thereof a new Code Section
22-31 43-11-82 to read as follows:
22-32 "43-11-82.
22-33 This article shall not apply to licensed dentists or
22-34 dental hygienists, nor shall this article apply to
22-35 regularly licensed physicians licensed in this state in
22-36 extracting teeth or performing surgical operations and in
22-37 charging therefor, or to regularly chartered accredited
22-38 schools of dentistry."
-22-
23- 1 SECTION 24.
23- 2 This Act shall become effective upon its approval by the
23- 3 Governor or upon its becoming law without such approval.
23- 4 SECTION 25.
23- 5 All laws and parts of laws in conflict with this Act are
23- 6 repealed.
-23-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/19/99
