OFFICE OF THE LIEUTENANT GOVERNOR ALASKA MEMORANDUM

Transcription

1 Byron Mallott Lieutenant Governor State Capitol Juneau, Alaska Fax TGOV.ALASKA.GOV 530 West 7th Ave, Suite 1700 Anchorage, Alaska L T.GOVERNOR@ALASKA.GOV OFFICE OF THE LIEUTENANT GOVERNOR ALASKA MEMORANDUM TO: FROM: DATE: RE: Jun Maiquis Department of Commerce, Community and Economic Development Scott Meriwether, Office of the Lieutenant Governor ~ February 11, 2016 Filed Permanent Regulations: Board of Dental Examiners Regulations re: courses of instruction in local anesthetics, permit requirements for use of parenteral sedation and inspections, restorative function courses, ethical standards, discipline, personal interviews, certification in cardiopulmonary resuscitation (CPR), continuing education, licensure by credentials, collaborative practice, and registration and inspection of dental radiological equipment (12 AAC (1); 12 AAC (b); 12 AAC (8); 12 AAC ; 12 AAC ; 12 AAC ; 12 AAC ; 12 AAC (b),(c); 12 AAC ; 12 AAC (a)(7)(B); 12 AAC ; 12 AAC ; 12 AAC ) Attorney General File: JU Regulation Filed: February 10, 2016 Effective Date: March 11, 2016 Print: 217, April 2016 cc with enclosures: Linda Miller, Department of Law Micaela Fowler, Department of Commerce, Community & Economic Development Dianne Blumer, Administrative Regulation Review Committee Judy Herndon, LexisNexis

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3 Register-2Q_, Ape;! 2016 PROFESSIONAL REGULATIONS Chapter 28. Board of Dental Examiners. 12 AAC (1) is amended to read: (1) at least 16 clock hours of didactic instruction [CLASSROOM LECTURE]; (Eff. 5/31/81 Register 7 am 3/ I Register 157 am 3 / JL1 :lot,6, Register J 11 ) Authority: AS Ei9hH.,, Wi+\,,n (zo\ 2)J a.&.cpt "~ b ~ n~.f,"?-r~l'c.q.. 12 AAC (b) is amended to read: (b) Before the issuance of a parenteral sedation permit and during the term of the permit, the board~ [WILL fn{its di cretionjrequire an on-site inspection of the pe1mittee's facilities and equipment and an evaluation of the ancillary staff [TO DETERMINE IF THE STANDARDS SET OUT IN 12 AAC AAC HAVE BEEN MET]. The evaluation may be carried out by the board or its designated representative. Inspections will be conducted according to the general guidelines described in the Anesthesia Evaluation Manual 9:;/;ighrEltllfurrlf>l& [(THIRD EDITION COPYRlGHT 1986)] ~i h.t-and. published by the American Association of Oral and Maxillofacial Surgeons (AA OMS). " (Eff 4/ 13/91, Regi ter 1I8 am 6/24/2012 Register 202; am _3j_l 1_/2oik,, Register~ Authority: AS [Ag ] 'r AS (=', G\~; p h!.~ b» re.je.ruict.._} Editor's note: A copy of the Anesthesia Evaluation Manuar~entione dl in 12 AAC /11.: (b ), can be obtained from the American Association of Oral and Maxillofacial Surgeons, 9700 West Bryn Mawr, Rosemont, Illinois AAC (8) is amended to read: File#JU ~

4 Register J_{L, Afc;I PROFESSIONAL REGULATIONS (8) didactic course [CLASSROOM] hours sufficient to meet the restorative course requirements of this section; (Eff. 3/18/2011, Register 197; am 6/24/2012, Register 202; am _J_jl!_j2fJl.b, Register 2!1.J Authority: AS AS AS AAC is amended to read: 12 AAC Ethical standards. (a) The "Code of Ethics for Dental Hygienists", as set out in the American Dental Hygienists' Association document titled [ ] ~ ~.J.~. Code of Ethi cs, dated June 23, 2014, is adopted by reference as the ethical standards for dental. ~u.1j...~ hygienists, and applies to all dental hygienists in the state. (b) The American Dental Association's Princi Jes of Ethics and Code of Professional t.::- ~t, with official advisory opinions revised to April 2012 [2002], is adopted by reference as -~ Y the ethical standards for dentists, and applies to all dentists in the state. (Eff. 5/29/98, Register 146 am I 115/2003 Register 165; am ~ ll! 201,b Register.1lJ_) lk~ Authority: AS AS AS AS Editor's note: A copy of the "Code of Ethics for Dental Hygienists," adopted by reference in 12 AAC , is available for inspection at the Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing, Juneau, Alaska, or may be obtained from the American Dental Hygienists' Association, 444 North Michigan Avenue, Suite 3400, Chicago, IL A copy of the Principles of Ethics and Code of Professional onduct adopted by reference in 12 AAC , ~~ is available for inspection at the Department of Commerce, Community, and Economic -Frl.e#JU20 l l ~ 2

5 Register-2.!_L,-1if_r_J_ 2016 PROFESSIONAL REGULATIONS Development, Division of Corporations, Business and Professional Licensing, Juneau, Alaska, or may be obtained from the American Dental Association, Council on Ethics, Bylaws and Judicial Affairs, 211 East Chicago A venue, Chicago, IL If(~~ i 'f'~ ~~ -f~cl<r-4~ ~ (J.~ 1 " ~ ~ -{~ I::?. f',a(_ ~g' 'itl r; ))) r.(.ch.),,, <L :t.:l..'i+io/\ i"() 12 AAC 28 is amended by adding a new section to read: t~i)s4:- '3'f~~iHe.ol, /'\ ~ A.J 0 ~ 3b. ~\S" _, li ( ~"',(.s for-) 12 AAC Disciplinary sanctions. ~A- of the following constitute$ disciplinary G.f ~ A 'A sanction~ee r AS and ia:eludes the fo ll ow in g~ (1) failing to prepare and maintain accurate, complete, and legible records in accordance with generally accepted standards of practice for each patient ~o make those records available to the board~ the board's representatives for inspection for investigation purposes; (2) failing to provide copies of complete patient records in the licensee's custody and control within 30 days after receipt of a written request from the patient or the patient's guardian; (3 ) violating p10 visio11s of any disciplinary sarctior issued under A~ " ((Th ~failing to cooperate with an official investigation by the board or the board's representatives, including failing to timely provide requested information; ffi)) ~ failing to allow the board or the board's representative, upon written request, to examine and have access to records maintained by the licensee that relate to the licensee's practice under AS 08.36; ~ S) ~+ <l!if failing to report to the board, no later than 30 days after the effective date of the action, any disciplinary action against the licensee taken by another licensing jurisdiction, health care entity or law enforcement agency. (E ff.... ~... Jj.J_j2.Df6, Regist e r~ File#JU I ~ 3

6 Register 2L2_, Apr;/ 2016 PROFESSIONAL REGULA TIO NS Authority: AS AS AAC is amended to read: 12 AAC Application deadline for personal interview. To be scheduled for a personal interview as required in AS , an applicant for licensure by credentials must file with the department a complete application at least 30 [45] days before [THE MEETING OF THE BOARD AT WHICH] the interview will be conducted. An application is considered complete when the completed application form, all supporting documents required in AS and 12 AAC , and the application and credential review fees required in 12 AAC are filed with the department. (Eff. 2/28/96, Register 137; am 5/29/98, Register 146; am 11/15/2005, Register 176; am 12/15/2013, Register 208; am if _j_j_j2016, Register Authority: AS AS AS AAC is amended to read: 1~ AAC CPR certification..(fil Certification in cardiopulmonary resuscitation (CPR) techniques required under this chapter for a license or license renewal must be based upon training equivalent to that required for completion of a cardiopulmonary resuscitation course certified by the American Heart Association or American Red Cross. Online courses are not acceptable, unless there is a hands-on component.,c:; h~ bo~\.r c\ f~~wvt c ~'IA:J..)JI - ~=?n~..l o p ul~oncvy resu;;c"1tl'l...t!cu1.!1'!1..y ;Y"f f(.>v~ b A waiver of them re uirernen s submission of documentation of a physical disability prohibiting the person from,. (:..v-ollc»pulm.ol\ (i...r re.~us d l e~-\-1 0'n. performing. A person with a waiver must work in close proximity to a staff person --!UWtJu:w l l ~ 4

7 A-pc; I 2016 PROF~SSIONAL REGULATIONS Regi ter~, l in ('4trali,., r ul1«,011 Glfy re.suscit,<l-1on J with current~ certifica~ (Eff. 4/8/93, Register 126; 12/15/2013, Register 208; am ~ 3 I JJ_j :lo lb, Register ~ Authority: AS AS AS AS (cf. '1!'4>~k i at XLl...w,: AA ~ 'l.'ll.:'3 7 C b)(~), c,.1.t..~ ~ (f-...uw...j......:tz.:... ~... _.at?...a>l, ~.1_.,._,...t;t_... I' a.f\ cl. II (',P?/~ 12 AAC (b) is amended by adding a new paragraph to read: ~ ~ ~xl;.:::i_ r.t>l~"- ~ -1A...:U>J I Z.. A,AC. 2-<l.'=J :S7 (b.)( S J)) (5) copies of certificates showing the applicant has completed 30 hours of continuing education during the three years immediately preceding the date of application as required under 12 AAC / The introductory language of 12 AAC (c)(4) is amended to rea~d : ~.:...r (4) an affidavit from the applicant documenting that [STATING FOR EACH OF] the five [TWO] years immediately preceding application 12 AAC (c)(7) is amended to read: (7) affidavits from three licensed dentists or licensed dental hygienists stating the applicant has been in [CONTINUOUS] active clinical practice documenting [AVERAGING] at ~ least 2,500 [700) hours~a YEAR FOR EACH OF] the five [TWO] years immediately preceding application. (Eff. 1/22/2004, Register 169; am 5/5/2006, Register 178; am 12/5/2009, Register 192; am 12/ 15/2013, Register 208 am 3 /_II_/ 2olb, Register ~\1 ) Authority: AS AS AS ~ i l e :/JJ I r , "\ 5

8 Register2!1. Apr: ( 2016 PROFESSIONAL REGULATIONS AS {(( "'P,.J,e~ :.:).t.ci,u_ v-u.-i L'f ) 2. IH\ c. 'Z.. ~ 9 s I ( b) ( 5 )J ck~j:a,.. ~ ~,ti>..a~ 1 o.m.a. eaj.{~ 11 <'"'- 0J1ol'.. ~-, :::tb ~..eu;l -~ cu...l~ l7f 1<.Lu.J l Z. AA. C. 2.~. Cf ~ \ (r- )( G). JJ) 12 AAC (b) is amended by adding a new paragraph to read: (6) copies of certificates showing the applicant has completed 48 hours of continuing education during the three years immediately preceding the date of application as required under 12 AAC ~ 12 AAC (c)(3) is amended to read:,«.. (3) a copy of the applicant's certificate of examination documenting graduation dental scltool accredited bv the Commission on Dental Accreditation of the American o.- c-.o f'y of '\-\U.. 0-ffl i l..cvl-t '.~ ) Dental As ociation 01 it.s successor a enc and cer 1ficate from the American Dental Association Joint Commission on National Dental Examination that the ~ ~as passed the written examination given by the commission [THAT MEETS THE REQUIREMENTS OF AS (a)(l)(A)]; 12 AAC (c)(6) is amended to read: EACH OF] the five years immediately preceding application (A) the dates and locations where the applicant has practiced dentistry; (B) [THAT] the applicant has been in [CONTINUOUS] active clinical practice documenting [AVERAGING] at least 5,000 [20] hours [PER WEEK!.rc H'. e~ eftr!j in1h1ediatelv precedirg appliear9rp'.. ' File#JY20 l !2_ 6

9 Register ::J.I], Apr;( PROFESSIONAL REGULATlONS 12 AAC 28.95l(c)(7) is repealed: (7) repealed -3J..L.L!2<lt"1 ; 12 AAC (c)(l l) is amended to read: (11) affidavits from three licensed dentists documenting [STA TING] the applicant has been in [CONTINUOUS] active clinical practice for [AVERAGING] at least 5,000. J.vrt'lj [20] hour [PER WEEK FOR EACH O F ]~ the five years immediately preceding the date of application; 12 AAC 28.95l(d) is amended to read: ( d) In addition to the requirements of [(b) AND ( c) OF] this section, an applicant for! dental license [LI CENSURE BY CREDENTIALS] must document completion of the [PASS THE WRITTEN ALASKA] jurisprudence examination prepared [AUTHORIZED UNDER AS AND CONDUCTED] by the board, covering the provisions of AS 08.32, AS 08.36, and this chapter relating to the practice of dentistry, with a passing score of at least 70 percent. 12 AAC l(f) is amended to read: (f) If the licensing requirements of another jurisdiction are determined to not be generally equivalent to those of this state because a subject area specified in ( e )(1) - (7) of this section was not included in the other jurisdiction's licensing examination, the board will determine!f [UNDER AS (a)(l)(B) THAT] the applicant meets the requirements for that subject area [IF THE APPLICANT HOLDS A SPECIALTY CERTIFICATION rn THE OMITTED Fi le#ju2ql52003 ~ 7

10 Register J.17 Apnl 2016 PROFESSIONAL REGULATIONS SUBJECT AREA]. (Eff. 2/18/93, Register 125; am 2/4/94, Register 129; am 2/22/98, Register 145; am 1128/2000, Register 153; am 8/15/2001, Register 159; am 1122/2004, Register 169; am 5/5/2006, Register 178; am 10/19/2008, Register 188; am 12/15/2013, Register 208; am _3j_JJ_J :;._ou,, Register ft.5 (j~.3(~.110 Authority: AS ~ ~.-----?~ ' 12 AAC (a)(7)(B) is amended to read: (B) identification of the procedures that can be performed in accordance with AS [AS OJ and standing orders that the dental hygienist must follow; (Eff. 12/5/2009, Register 192; am 6/24/2012, Register 202; am ~JJ...J 2ot~ Register~ Authority: AS AS AS AAC (a) is amended to read: (a) Dental radiological equipment with a valid registration from the Department of Health and Social Services under AS [AS ] as of September 6, 1998 is considered registered with the board under AS and this section. 12 AAC (b) is repealed: (b) Repealed _1J_1_1 I 20/fo. 12 AAC (c) is repealed: File#JU201526tl3 ~ 8

11 Regi ter-2.q_, Bpr;J 2016 PROFESSIONAL REGULATIONS (c) Repealed -2_/_l_r / 20th. (Eff. 11/7/99, Register 152; am 4/18/2002, Register 162; am 10/19/2008, Register 188; am ~_l_l 12.o lk, Register ;).1/ ) Authority: AS AS ;.,t.j AAC (b)(3) is amended to read: (3) meet or exceed, and must determine whether the equipment meets or exceeds, the standards applicable to dental radiological equipment in theffisuggested State Regulation~ for ~~ :'.-1.:.-..,f"""'\ '.~ the Control of Radiationf.J Part F, published by the Conference of Radiation Control Program ~~.._, Directors, Inc., May [DECEMBER], 2009 [2001] edition, adopted by reference. 12 AAC (c) is repealed: ( c) Repealed _J_; J!_j 2ot'7. 12 AAC (d) is repealed: ( d) Repealed ~_11_/ 2.CIC,. 12 AAC (e) is amended to read: ( e) Upon receipt of a form documenting an inspection that meets the requirements of ~~ AS and this section, the inspector [BOARDt wiiijissue to the owner or lessee of the dental radiological equipment, an inspection " seal indicating the date by when the equipment must be inspected again. The owner or lessee shall ensure that the inspection seal is placed on the equipment in a location visible to persons operating the equipment. 9

12 Register ;)..17 4f r:j 2016 PROFESSIONAL REGULATIONS 12 AAC (f) is amended to read: (f) Owners or lessees of dental radiological equipment shall maintain records that document compliance with the requirements of AS [AS (d)], 12 AAC , and this section. The records shall be made available to the board or its designee for inspection. 12 AAC (g) is repealed: (g) Repealed _3 1_tl_ /1Dlfti. 12 AAC (h) is amended to read: c~ in~f~dor~ (h),,.,j;eto1 s [Af(J ~ o:i' 5f'!!C'fOR r-ho IS ON THE LIST MAINTAINED UNDER (d) equipment shall complete and submit the form titled H nspection of Dental Radiological Equipment,Madopted by reference in 12 AAC (c), to the owner or lessee of the equipment [DEPARTMENT WITHIN 20 DAYS] after the inspection. (Eff. 11/7/99, Register 152; am 4/ 18/2002 Register 162 am Register 178 am 3_jJJ_12otb, Register J./f ) Authority: AS AS c-.., Editor's note: A copy of the f!'suggested State Regulations for the Control of RadiationH ~ Part F, published by the Conference of Radiation Control Program Directors, Inc., May [DECEMBER], 2009 [2001] edition, adopted by reference in 12 AAC , is available for inspection at the Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing, P.0. Box , Juneau, AK or may be obtained from the Conference of Radiation Control Program Directors, Inc., ~#J U2Q I 320f&~ 10

13 Register.2fl_ ftp r;/ 2016 PROFESSIONAL REGULATIONS 1030 Burlington Lane, Suite 4B [205 CAPITAL AVENUE], Frankfort, KY ; telephone: (502) f(l '"('~~-~ : 'f_unlt.. ~~-t(,l +-~~n JU~ -1.~- 1~.U""L 12 AAC. 2.l?. CfbS.-, )J) vu.tl 12 AAC is amended to read: 12 AAC Registration and inspection forms; review of completed forms. (a) A registration seal or inspection sea~ot be issued unless the information on the completed [COPY OF A] fonn meets [ADOPTED BY REFERENCE IN THIS SECTION DEMONSTRATES WHETHER] the requirements [FOR A REGISTRATION SEAL OR INSPECTION SEAL FOR DENTAL RADIOLOGICAL EQUIPMENT HA VE BEEN MET. IF THE INFORMATION ON A COMPLETED FORM DOES NOT ESTABLISH THAT THE REQUIREMENTS] of AS , and of 12 AAC and 12 AAC , as applicable [, HA VE BEEN MET, A REGISTRATION SEAL OR INSPECTION SEAL WILL NOT BE ISSUED UNLESS THE BOARD FURTHER REVIEWS THE FORM AND DETERMINES THAT THOSE REQUIREMENTS HA VE BEEN MET]. (b) The form titled ~~ adiological Equipment Registration Form.["]dated February 2014 [SEPTEMBER 2005], is adopted by reference. This form is established by the board for review by staff of the registration of dental radiological equipment under 12 AAC ( c) The form titled U~Jnspection of Dental Radiological Equipment,~Jdat ed February 2014 [SEPTEMBER 2005], is adopted by reference. This form is established by the board for use by inspectors of dental radiological equipment, and for review by staff of the documentation of the inspection of that equipment, under 12 AAC (Eff. 4/18/2002, Register 162; am 5/5/2006, Register 178; am _3_/Jl l2dlk, Register _J_i]) Authority: AS AS 08.J6.075 i;'i I e#ju l i\ 11

14 Regi ter--2.!1_,.bpiil 2016 PROFESSIONAL REGULATIONS Editor's note: The forms listed in 12 AAC are available at the Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing, P.O. Box , Juneau, AK ; phone (907) {((. ~\ea., i :/f._:j:.~ _.A,2.,C ~..I.. + ~ta..:1..;r- ~.t... 1 JL:~ '_., ~ ;;tl;it_._p~-1- /?. f\a ~ ::U,17o. ))) 12