A BILL TO BE ENTITLED
AN ACT TO INCREASE THE NUMBER OF QUALIFIED DENTAL PRACTITIONERS IN THE STATE BY AUTHORIZING THE BOARD OF DENTAL EXAMINERS TO LICENSE BY CREDENTIALS PERSONS WHO ARE LICENSED TO PRACTICE DENTISTRY OR DENTAL HYGIENE IN OTHER STATES AND WHO OTHERWISE MEET STATE REQUIREMENTS FOR LICENSE BY CREDENTIALS, TO ISSUE A LIMITED VOLUNTEER DENTAL LICENSE, TO ISSUE AN INSTRUCTOR'S LICENSE, AND TO IMPOSE APPLICATION AND RENEWAL FEES FOR LICENSURE AUTHORIZED UNDER THIS ACT. 
The General Assembly of North Carolina enacts:
SECTION 1.  Article 14 of Chapter 130A of the General Statutes is amended by adding the following new section to read:
"§ 130A-367.  Dental providers for problem access areas.
The State's dental public health program shall encourage the expansion of current educational and training programs for dentists, dental hygienists, and dental assistants targeted to serve citizens' unmet needs, particularly in the rural and low-income areas that have traditionally had problems in accessing dental care. The program shall also promote and encourage the recruitment of in-State and out-of-state private sector dental personnel to work in these dental health professional shortage areas."
SECTION 2.  G.S. 90‑36 reads as rewritten:
"§ 90‑36.  Licensing practitioners of other states.

(a)	The North Carolina State Board of Dental Examiners may issue a license by credentials to an applicant who has been licensed to practice dentistry in any state or territory of the United States if the applicant produces satisfactory evidence to the Board that the applicant has the required education, training, and qualifications, is in good standing with the licensing jurisdiction, has passed satisfactory examinations of proficiency in the knowledge and practice of dentistry as determined by the Board, and meets all other requirements of this section and rules adopted by the Board. The Board may conduct examinations and interviews to test the qualifications of the applicant and may require additional information that would affect the applicant's ability to render competent dental care. The Board may, in its discretion, refuse to issue a license by credentials to an applicant who the Board determines is unfit to practice dentistry.
(b)	The applicant for licensure by credentials shall be of good moral character and shall have graduated from and have a DDS or DMD degree from a program of dentistry in a school or college accredited by the Commission on Dental Accreditation of the American Dental Association and approved by the Board.
(c)	The applicant must meet all of the following conditions:
(1)	Has been actively practicing dentistry, as defined in G.S. 90-29(b)(1) through (b)(9), for a minimum of five years immediately preceding the date of application.(2)	Has not been the subject of final or pending disciplinary action in the military, in any state or territory in which the applicant is or has ever been licensed to practice dentistry, or in any state or territory in which the applicant has held any other professional license.
(3)	Presents evidence that the applicant has no felony convictions and that the applicant has no other criminal convictions that would affect the applicant's ability to render competent dental care.
(4)	Has not failed an examination conducted by the North Carolina State Board of Dental Examiners.
(d)	The applicant for licensure by credentials shall submit an application to the North Carolina State Board of Dental Examiners, the form of which shall be determined by the Board, pay the fee required by G.S. 90-39, successfully complete examinations in Jurisprudence and Sterilization and Infection Control, and meet the criteria or requirements established by the Board.
(e)	The holder of a license issued under this section shall establish a practice location and actively practice dentistry, as defined in G.S. 90-29(b)(1) through (b)(9), in North Carolina within one year from the date the license is issued. The license issued under this section shall be void upon a finding by the Board that the licensee fails to limit the licensee's practice to North Carolina or that the licensee no longer actively practices dentistry in North Carolina.
(f)	The Board may adopt temporary rules in accordance with G.S. 
150B-21.1(a10) to implement this section."
SECTION 3.  Article 16 of Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90-224.1. Licensure by credentials.
(a)	The Board may issue a license by credentials to an applicant who has been licensed to practice dental hygiene in any state or territory of the United States if the applicant produces satisfactory evidence to the Board that the applicant has the required education, training, and qualifications; is in good standing with the licensing jurisdiction; has passed the National Board Dental Hygiene Examination administered by the Joint Commission on National Dental Examinations; has passed satisfactory examinations of proficiency in the knowledge and practice of dental hygiene as determined by the Board; and meets all other requirements of this section and rules adopted by the Board. The Board may, in its discretion, refuse to issue a license by credentials to an applicant who the Board determines is unfit to practice dental hygiene.
(b)	The applicant for licensure shall be of good moral character, have graduated from an accredited high school or hold a high school equivalency certificate duly issued by a governmental agency or authorized unit, and have graduated from a dental hygiene program or school accredited by the Commission on Dental Accreditation of the American Dental Association and approved by the Board.
(c)	The applicant must meet all of the following conditions:
(1)	Has been actively practicing dental hygiene, as defined in G.S. 90-221, under the supervision of a licensed dentist for a minimum of two years immediately preceding the date of application.
(2)	Has no history of disciplinary action or pending disciplinary action in the military or in any state or territory in which the applicant is or has ever been licensed.
(3)	Has no felony convictions and has no other criminal convictions that would affect the applicant's ability to render competent dental hygiene care.
(4)	Has not failed a licensure examination administered by the North Carolina State Board of Dental Examiners.
(d)	The applicant for licensure by credentials shall submit an application, the form of which shall be determined by the Board, pay the fee required by G.S. 90-232, successfully complete examinations in Jurisprudence and Sterilization and Infection Control, and meet other criteria or requirements established by the Board, which may include an examination or interview before the Board or its authorized agents.
(e)	This section shall not be construed to include licensure by reciprocity, which is prohibited.
(f)	The Board may adopt temporary rules in accordance with G.S. 
150B-21.1(a10) to implement this section."
SECTION 4.  Article 2 of Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90-37.1. Limited volunteer dental license.
(a)	The North Carolina State Board of Dental Examiners may issue to an applicant a 'Limited Volunteer Dental License' to practice dentistry only in nonprofit health care facilities serving low-income populations in the State. Holders of a limited volunteer dental license may volunteer their professional services, without compensation, only for the purpose of helping to meet the dental health needs of these persons served by these facilities. The Board may issue a limited license to an applicant under this section who:
(1)	Has an out-of-state current or expired license, or an expired license in this State, or is authorized to treat veterans or personnel enlisted in the United States armed services; and
(2)	Has actively practiced dentistry, as defined in G.S. 90-29(b)(1) through (b)(9), within the past five years.
(b)	The limited license may be issued to an applicant who produces satisfactory evidence to the Board that the applicant has the required education, training, and qualifications; is in good standing with the licensing jurisdiction; has passed satisfactory examinations of proficiency in the knowledge and practice of dentistry as determined by the Board; and meets all other requirements of this section and rules adopted by the Board. The Board may conduct examinations and interviews to test the qualifications of the applicant and may require additional information that would affect the applicant's ability to render competent dental care. The Board may, in its discretion, refuse to issue a 'limited volunteer dental license' to an applicant who the Board determines is unfit to practice dentistry.
(c)	The applicant shall be of good moral character and shall have graduated from and have a DDS or DMD degree from a program of dentistry in a school or college accredited by the Commission on Dental Accreditation of the American Dental Association and approved by the Board.
(d)	The applicant shall meet all of the following conditions:
(1)	Show that the applicant has actively practiced dentistry, as defined in G.S. 90-29(b)(1) through (b)(9), for a minimum of five years.
(2)	Show that the applicant has not been the subject of final or pending disciplinary action in any state in which the applicant has ever been licensed to practice dentistry or in any state in which the applicant has held any other professional license.
(3)	Present evidence that the applicant has no felony convictions and that the applicant has no other criminal convictions that would affect the applicant's ability to render competent care.
(4)	Present evidence that the applicant has no pending Veterans Administration or military disciplinary actions or any history of such disciplinary action.
(5)	Show that the applicant has not failed an examination conducted by the North Carolina State Board of Dental Examiners.
(e)	The applicant shall submit an application, the form of which shall be determined by the Board, pay the fee required under G.S. 90-39, and successfully complete examinations in Jurisprudence and Sterilization and Infection Control. The Board may charge and collect fees for license application and annual renewal as required under G.S. 90-39, except that credentialing fees applicable under 
G.S. 90-39(13) are waived for holders of a limited volunteer dental license.
(f)	Holders of a limited volunteer dental license shall comply with the continuing dental education requirements adopted by the Board including CPR training.
(g)	The holder of a limited license under this section who practices dentistry other than as authorized in this section shall be guilty of a Class 1 misdemeanor with each day's violation constituting a separate offense. Upon proof of practice other than as authorized in this section, the Board may suspend or revoke the limited license after notice to the licensee. For violations of the dental practice act or rules adopted under the act that are applicable to a limited license practice, the Board has the same authority to investigate and impose sanctions on limited license holders as it has for those holding an unlimited license. 
(h)	The Board shall maintain a nonexclusive list of nonprofit health care facilities serving the dental health needs of low-income populations in the State. Upon request, the Board shall consider adding other facilities to the list.
(i)	The Board may adopt rules in accordance with Chapter 150B of the General Statutes to implement this section."
SECTION 5.  G.S. 90‑39 reads as rewritten:
"§ 90‑39.  Fees.
In order to provide the means of carrying out and enforcing the provisions of this Article and the duties devolving upon the North Carolina State Board of Dental Examiners, it is authorized to charge and collect fees established by its rules not exceeding the following: 
(1)	Each application for general dentistry examination	$500.00
(2)	Each general dentistry license renewal, which fee shall be annually fixed by the Board and not later than November 30 of each year it shall give written notice of the amount of the renewal fee to each dentist licensed to practice in this State by mailing such notice to the last address of record with the board of each such dentist	140.00
(2a)	Penalty for late renewal of any license or permit	50.00
(3)	Each provisional license	150.00
(4)	Each intern permit or renewal thereof	150.00
(5)	Each certificate of license to a resident dentist desiring to change to another state or territory	30.00
(6)	Repealed by Session Laws 1995, (Reg. Sess., 1996), c. 584, s. 1.
(7)	Each license to resume the practice issued to a dentist who has retired from and returned to this State	300.00
(8)	Each instructor's license or renewal thereof	140.00
(9)	With each renewal of a dentistry license, an annual fee to help fund special peer review organizations for impaired dentists	50.00
(10)	Each duplicate of any license, permit, or certificate issued by the Board	25.00
(11)	Each office inspection for general anesthesia and parenteral sedation permits	350.00
(12)	Each general anesthesia and parenteral sedation permit application or renewal of permit…………………………………………	50.00
(13)	Each application for license by credentials	2,000.00
(14)	Each application for limited volunteer dental license	100.00
(15)	Each limited volunteer dental license annual renewal	25.00."
SECTION 6.  G.S. 90‑232 reads as rewritten:
"§ 90‑232.  Fees.
In order to provide the means of carrying out and enforcing the provisions of this Article and the duties devolving upon the North Carolina State Board of Dental Examiners, it is authorized to charge and collect fees established by its rules  not exceeding the following:
(1)	Each applicant for examination	$125.00
(2)	Each renewal certificate, which fee shall be annually fixed by the Board and not later than November 30 of each year it 	shall give written notice of the amount of the renewal fee to 	each dental hygienist licensed to practice in this State by 	mailing such notice to the last address of record with the Board of each such dental hygienist	60.00
(3)	Each restoration of license	60.00
(4)	Each provisional license	60.00
(5)	Each certificate of license to a resident dental hygienist desiring to change to another state or territory	25.00
(6)	Annual fee to be paid upon license renewal to assist in funding programs for impaired dental hygienists	 40.00
(7)	Each license by credentials	1,000.00.
In no event may the annual fee imposed on dental hygienists to fund the impaired dental hygienists program exceed the annual fee imposed on dentists to fund the impaired dentist program. All fees shall be payable in advance to the Board and shall be disposed of by the Board in the discharge of its duties under this Article."
SECTION 7.  G.S. 90‑29.5 reads as rewritten:
"§ 90‑29.5.  Instructor's license.

(a)	The Board may issue an instructor's license to a person who is not otherwise licensed to practice dentistry in this State if the person meets both of the following conditions:
(1)	Is licensed to practice dentistry anywhere in the United States or in any country, territory, or other recognized jurisdiction.
(2)	Has met or been approved under the credentialing standards of a dental school or an academic medical center with which the person is to be affiliated; such dental school or academic medical center shall be accredited by the American Dental Association's Commission on Accreditation or the Joint Commission on Accreditation of Health Care Organizations.
(b)	The holder of an instructor's license may teach and practice dentistry:
(1)	In or on behalf of a dental school or college offering a doctoral degree in dentistry operated and conducted in this State and approved by the North Carolina State Board of Dental Examiners;
(2)	In connection with an academic medical center; and
(3)	At any teaching hospital adjacent to a dental school or an academic medical center.
(c)	Application for an instructor's license shall be made in accordance with the rules of the North Carolina State Board of Dental Examiners. On or after January 1, 2003, all dentists previously practicing under G.S. 90-29(c)(3) shall be granted an instructor's license upon application to the Board and payment of the required fee. The holder of an instructor's license shall be subject to the provisions of this Article."
SECTION 8.  G.S. 90‑29(c)(3) reads as rewritten:
"(3)	The teaching or practice of dentistry, in dental schools or colleges operated and conducted in this State and approved by the North Carolina State Board of Dental Examiners, by any person or persons licensed to practice dentistry anywhere in the United States or in any country, territory or other recognized jurisdiction until December 31, 2002. On or after January 1, 2003, all dentists previously practicing under G.S. 90-29(c)(3) shall be granted an instructor's license upon application to the Board and payment of the required fee."
SECTION 9.  G.S. 90‑41(f) reads as rewritten:
"(f)	As used in this section the term "licensee" includes licensees, provisional licensees and holders of intern permits, and the term "license" includes license, provisional license, instructor's license, and intern permit."
SECTION 10.  G.S. 90‑29.4(1) reads as rewritten:
"(1)	An intern permit shall be valid for no more than one year from the date of issue thereof; provided, however, that the Board may, in its discretion, renew such permit for not more than five additional one‑year periods; and, provided, further, that no person shall be granted an intern permit or intern permits embracing or covering an aggregate time span of more than  72 calendar months;".
SECTION 11.  G.S. 150B‑21.1 is amended by adding a new subsection to read:
"(a10)	Notwithstanding the provisions of subsection (a) of this section, the North Carolina State Board of Dental Examiners may adopt temporary rules to implement the provisions of G.S. 90-36 and G.S. 90-224.1. After having the proposed temporary rules published in the North Carolina Register and at least 30 days prior to adopting a temporary rule pursuant to this subsection, the Board shall:
(1)	Notify persons on its mailing list maintained pursuant to G.S. 
150B-21.2(d) and any other interested parties of its intent to adopt a temporary rule.
(2)	Accept oral and written comments on the proposed temporary rule.
(3)	Hold at least one public hearing on the proposed temporary rule.
When the Board adopts a temporary rule pursuant to this subsection, the Board must submit a reference to this subsection as the Board's statement of need to the Codifier of Rules.
Notwithstanding any other provision of this Chapter, the Codifier of Rules shall publish in the North Carolina Register a proposed temporary rule received from the Board in accordance with this subsection."
SECTION 12.  If any section of this act is declared to be unconstitutional, preempted, or otherwise invalid by the courts, except where a contrary intent is clearly indicated by the text of the section, it shall not affect the validity of the act as a whole or any part other than the section declared to be invalid, and any previous statutory law replaced or modified by the section declared invalid shall be reinstated as if the previous law had not been changed.  If any part of a numbered section of this act is declared invalid, the whole section shall fail.
SECTION 13. This act becomes effective July 1, 2003.