08 SB363/FA/2
Senate
Bill 363
By:
Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Moody of
the 56th and Murphy of the 27th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating
to dentists and dental hygienists, so as to provide for advanced dental
education programs; to revise definitions; to revise certain provisions relating
to qualifications for a teacher´s or instructor´s license; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists
and dental hygienists, is amended by revising Code Section 43-11-1, relating to
definitions, as follows:
"43-11-1.
As
used in this chapter, the term:
(1)
'Accredited dental college' and 'accredited dental school' or 'accredited school
of dentistry' means a dental school, college, or university
with an
education program accredited by the
Commission on Dental Accreditation of the American Dental Association or its
successor agency.
(2)
'Accredited dental hygiene school' means a dental hygiene
school or
college
education
program accredited by the Commission on
Dental Accreditation of the American Dental Association or its successor
agency.
(3)
'Advanced dental education program' means an accredited dental advanced
specialty education program or accredited dental education program accredited by
the Commission on Dental Accreditation of the American Dental Association or its
successor agency.
(3)(4)
'Board' means the Georgia Board of Dentistry.
(4)(5)
'Conscious sedation' means a minimally depressed level of consciousness that
retains the patient´s ability to independently and continuously maintain an
airway and respond appropriately to physical stimulation or verbal command and
that is produced by a pharmacological or nonpharmacological method or
combination thereof. A patient whose only response is reflex withdrawal from
repeated painful stimuli shall not be considered to be in a state of conscious
sedation. The use of nitrous oxide is not considered conscious sedation for
purposes of this chapter.
(5)(6)
'Dentistry' means the evaluation, diagnosis, prevention, or treatment, or any
combination thereof, whether using surgical or nonsurgical procedures, of
diseases, disorders, or conditions, or any combination thereof, of the oral
cavity, maxillofacial area, or the adjacent and associated structures, or any
combination thereof, and their impact on the human body provided by a dentist,
within the scope of his or her education, training, and experience, in
accordance with the ethics of the profession and applicable law, including, but
not limited to, the acts specified in Code Section 43-11-17.
(6)(7)
'General anesthesia' means an induced state of depressed consciousness, or an
induced state of unconsciousness, accompanied by partial or complete loss of
protective reflexes, including the inability to continually and independently
maintain an airway and respond purposefully to physical stimulation or verbal
command, and produced by a pharmacological or nonpharmacological method or
combination thereof. For purposes of this chapter, 'general anesthesia'
includes deep sedation.
(7)(8)
'Instructor' means either a dentist or a dental hygienist whom the state board
has granted a teacher´s or instructor´s license pursuant to Code
Section 43-11-42.
(8)(9)
'Licensed dental hygienist' means a dental hygienist licensed and in good
standing in this state pursuant to this chapter.
(9)(10)
'Licensed dentist' means a dentist licensed and in good standing in this state
pursuant to this chapter.
(10)(11)
'Training clinic' means a clinic operated as a nonprofit facility by an
accredited dental
college,
advanced dental education program, or
accredited dental hygiene school primarily to train students
or
residents of such
college,
program, or school."
SECTION
2.
Said
chapter is further amended by revising Code Section 43-11-20, relating to
training and affiliated sites, as follows:
"43-11-20.
(a)
Nothing in this chapter shall prohibit accredited dental colleges
or advanced
dental education programs from
maintaining on-campus training clinics and affiliated sites for the purpose of
educational training of dental students
or dental
residents approved by the board under the
supervision of licensed dentists or instructors; nor shall this chapter prevent
licensed dental practitioners of other states and countries from giving clinics
before any dental society or association of this state whose objects are the
advancement and improvement of dentistry as a science.
(b)
Nothing in this chapter shall prevent students of accredited dental colleges
or residents
in advanced dental education programs in
this state from engaging in activities otherwise defined as the practice of
dentistry, provided that said students work under the direct supervision and
responsibility of a licensed dentist or instructor as a part of a training
clinic; nor shall this chapter prevent students of accredited dental hygiene
schools in this state from engaging in activities otherwise defined as the
practice of dental hygiene, provided that said students work under the direct
supervision and responsibility of a licensed dentist or dental hygienist as a
part of an on-campus training clinic or at affiliated sites approved by said
schools,
or
colleges, or
programs and the board for the purpose of
educational training. Nothing in this chapter shall prevent said schools or
colleges of dentistry or dental hygiene
or advanced
dental education programs from
establishing and collecting charges for services rendered by training students
or
residents under the supervision of a
licensed dentist, licensed dental hygienist, or instructor. These charges shall
not exceed charges made by similar dental schools and colleges
and advanced
dental education programs located within
the United States.
(c)
Nothing in this chapter shall be construed to prohibit the administration of a
board approved clinical licensure examination as a prerequisite for licensure as
a dentist or dental hygienist in this state. Nothing in this chapter shall
prevent the conducting of a Georgia clinical licensure examination by a board
approved examiner who is licensed as a dentist or dental hygienist in another
jurisdiction. Nothing in this chapter shall prevent the taking of a Georgia
clinical licensure examination by an individual who is eligible to apply for
licensure as a dentist or dental hygienist in this state."
SECTION
3.
Said
chapter is further amended by revising subsections (a.1) and (b) of Code Section
43-11-42, relating to reciprocity with other states for a teacher´s or
instructor´s license, as follows:
"(a.1)(1)
The board may issue, in its discretion, without examination, a teacher´s or
instructor´s license to a dentist who has graduated from a
school,
or
college, or
advanced dental education program approved
by the board and accredited by the Commission on Dental Accreditation of the
American Dental Association (ADA) or its successor agency, if any, for the sole
purpose of teaching or instructing, in an accredited dental
college,
advanced dental education program, or
training clinic in this state, those procedures and services recognized in this
state to be within the scope of practice of such person´s professional
license. Those applicants who have received a doctoral degree in dentistry from
a dental school not so accredited must comply with the following requirements in
order to submit an application for licensure:
(A)(i)
Successful completion at an accredited dental school approved by the board of
the last two years of a program leading to the doctor of dental surgery (D.D.S.)
or doctor of dental medicine (D.M.D.) degree; or
(ii)
Successful completion at an accredited dental school or college approved by the
board of at least a two-year advanced education program in one of the dental
specialties recognized by the American Dental Association (ADA) or in
an advanced
dental education program in general
dentistry;
or
(iii)
Successful completion of at least two one-year advanced dental education
programs in general dentistry at an accredited dental school or college approved
by the board; or
(iv)
Successful completion of a one-year program in operative dentistry at a dental
school or college approved by the board and a one-year advanced dental education
program in general dentistry at an accredited dental school or college approved
by the board; and
(B)
Certification by the dean of the accredited dental school where such
supplementary program was taken that the candidate has achieved the same level
of didactic and clinical competency as expected of a graduate of the school
receiving a doctor of dental surgery (D.D.S.) or doctor of dental medicine
(D.M.D.) degree.
(2)
The board may establish by rule or regulation the requirements for documentation
of an applicant´s educational and personal qualifications for
licensure.
(3)
In order to be granted a license under this subsection, all applicants must pass
a jurisprudence examination on the laws of this state and rules and regulations
as they relate to the practice of dentistry as established or approved by the
board, which shall be administered in the English language.
(b)
The board may issue, in its discretion, without examination, a license to
dentists for the sole purpose of practicing public health dentistry in an
official state or a local health department or to render dental services to
patients in state operated eleemosynary or correctional institutions, provided
that these dentists possess a license in another state, are in good standing in
said state, and have graduated from an accredited dental college. Such license
shall be considered to be a temporary license which shall be valid for a period
to be established by board rule."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.