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Section: 332.0021 Dental board, members, qualifications, appointment, terms, vacancy, how filled--board may sue and be sued. RSMO 332.021


Published: 2015

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Missouri Revised Statutes













Chapter 332

Dentists

←332.011

Section 332.021.1

332.031→

August 28, 2015

Dental board, members, qualifications, appointment, terms, vacancy, how filled--board may sue and be sued.

332.021. 1. "The Missouri Dental Board" shall consist of seven

members including five registered and currently licensed dentists, one

registered and currently licensed dental hygienist with voting authority as

limited in subsection 4 of this section, and one voting public member. Any

currently valid certificate of registration or currently valid specialist's

certificate issued by the Missouri dental board as constituted pursuant to

prior law shall be a valid certificate of registration or a valid

specialist's certificate, as the case may be, upon October 13, 1969, and

such certificates shall be valid so long as the holders thereof comply with

the provisions of this chapter.



2. Any person other than the public member appointed to the board as

hereinafter provided shall be a dentist or a dental hygienist who is

registered and currently licensed in Missouri, is a United States citizen,

has been a resident of this state for one year immediately preceding his or

her appointment, has practiced dentistry or dental hygiene for at least

five consecutive years immediately preceding his or her appointment, shall

have graduated from an accredited dental school or dental hygiene school,

and at the time of his or her appointment or during his or her tenure on

the board has or shall have no connection with or interest in, directly or

indirectly, any dental college, dental hygiene school, university, school,

department, or other institution of learning wherein dentistry or dental

hygiene is taught, or with any dental laboratory or other business

enterprise directly related to the practice of dentistry or dental hygiene.



3. The governor shall appoint members to the board by and with the

advice and consent of the senate when a vacancy thereon occurs either by

the expiration of a term or otherwise; provided, however, that any board

member shall serve until his or her successor is appointed and has

qualified. Each appointee, except where appointed to fill an unexpired

term, shall be appointed for a term of five years. The president of the

Missouri Dental Association in office at the time shall, at least ninety

days prior to the expiration of the term of a board member other than the

dental hygienist or public member, or as soon as feasible after a vacancy

on the board otherwise occurs, submit to the director of the division of

professional registration a list of five dentists qualified and willing to

fill the vacancy in question, with the request and recommendation that the

governor appoint one of the five persons so listed, and with the list so

submitted, the president of the Missouri Dental Association shall include

in his or her letter of transmittal a description of the method by which

the names were chosen by that association.



4. The public member shall be at the time of his or her appointment a

citizen of the United States; a resident of this state for a period of one

year and a registered voter; a person who is not and never was a member of

any profession licensed or regulated pursuant to this chapter or the spouse

of such person; and a person who does not have and never has had a

material, financial interest in either the providing of the professional

services regulated by this chapter, or an activity or organization directly

related to any profession licensed or regulated pursuant to this chapter.

All members, including public members, shall be chosen from lists submitted

by the director of the division of professional registration. The list of

dentists submitted to the governor shall include the names submitted to the

director of the division of professional registration by the president of

the Missouri Dental Association. This list shall be a public record

available for inspection and copying under chapter 610. Lists of dental

hygienists submitted to the governor may include names submitted to the

director of the division of professional registration by the president of

the Missouri Dental Hygienists' Association. The duties of the dental

hygienist member shall not include participation in the determination for

or the issuance of a certificate of registration or a license to practice

as a dentist. The duties of the public member shall not include the

determination of the technical requirements to be met for licensure or

whether any person meets such technical requirements or of the technical

competence or technical judgment of a licensee or a candidate for

licensure.



5. The board shall have a seal which shall be in circular form and

which shall impress the word "SEAL" in the center and around said word the

words "Missouri Dental Board". The seal shall be affixed to such

instruments as hereinafter provided and to any other instruments as the

board shall direct.



6. The board may sue and be sued as the Missouri dental board, and

its members need not be named as parties. Members of the board shall not

be personally liable, either jointly or severally, for any act or acts

committed in the performance of their official duties as board members; nor

shall any board member be personally liable for any court costs which

accrue in any action by or against the board.



(L. 1969 S.B. 97, A.L. 1981 S.B. 16, A.L. 1983 S.B. 313, A.L. 1988

H.B. 1573, A.L. 1993 S.B. 27, A.L. 1999 H.B. 343, A.L. 2011 H.B.

464 merged with H.B. 555)





1999



1999



332.021. 1. "The Missouri Dental Board" shall consist of seven members

including five registered and currently licensed dentists, one registered and

currently licensed dental hygienist with voting authority as limited in

subsection 4 of this section, and one voting public member. Any currently

valid certificate of registration or currently valid specialist's certificate

issued by the Missouri dental board as constituted pursuant to prior law shall

be a valid certificate of registration or a valid specialist's certificate,

as the case may be, upon October 13, 1969, and such certificates shall be

valid so long as the holders thereof comply with the provisions of this

chapter.



2. Any person other than the public member appointed to the board as

hereinafter provided shall be a dentist or a dental hygienist who is

registered and currently licensed in Missouri, is a United States citizen,

has been a resident of this state for one year immediately preceding his or

her appointment, has practiced dentistry or dental hygiene for at least five

consecutive years immediately preceding his or her appointment, shall have

graduated from an accredited dental school or dental hygiene school, and at

the time of his or her appointment or during his or her tenure on the board

has or shall have no connection with or interest in, directly or indirectly,

any dental college, dental hygiene school, university, school, department, or

other institution of learning wherein dentistry or dental hygiene is taught,

or with any dental laboratory or other business enterprise directly related

to the practice of dentistry or dental hygiene.



3. The governor shall appoint members to the board by and with the

advice and consent of the senate when a vacancy thereon occurs either by the

expiration of a term or otherwise; provided, however, that any board member

shall serve until his or her successor is appointed and has qualified. Each

appointee, except where appointed to fill an unexpired term, shall be

appointed for a term of five years. The president of the Missouri Dental

Association in office at the time shall, at least ninety days prior to the

expiration of the term of a board member other than the dental hygienist or

public member, or as soon as feasible after a vacancy on the board otherwise

occurs, submit to the director of the division of professional registration a

list of five dentists qualified and willing to fill the vacancy in question,

with the request and recommendation that the governor appoint one of the five

persons so listed, and with the list so submitted, the president of the

Missouri Dental Association shall include in his or her letter of transmittal

a description of the method by which the names were chosen by that

association.



4. The public member shall be at the time of his or her appointment a

citizen of the United States; a resident of this state for a period of one

year and a registered voter; a person who is not and never was a member of

any profession licensed or regulated pursuant to this chapter or the spouse

of such person; and a person who does not have and never has had a material,

financial interest in either the providing of the professional services

regulated by this chapter, or an activity or organization directly related to

any profession licensed or regulated pursuant to this chapter. All members,

including public members, shall be chosen from lists submitted by the

director of the division of professional registration. Lists of dental

hygienists submitted to the governor may include names submitted to the

director of the division of professional registration by the president of the

Missouri Dental Hygienists' Association. The duties of the dental hygienist

member shall not include participation in the determination for or the

issuance of a certificate of registration or a license to practice as a

dentist. The duties of the public member shall not include the determination

of the technical requirements to be met for licensure or whether any person

meets such technical requirements or of the technical competence or technical

judgment of a licensee or a candidate for licensure.



5. The board shall have a seal which shall be in circular form and which

shall impress the word "SEAL" in the center and around said word the words

"Missouri Dental Board". The seal shall be affixed to such instruments as

hereinafter provided and to any other instruments as the board shall direct.



6. The board may sue and be sued as the Missouri dental board, and its

members need not be named as parties. Members of the board shall not be

personally liable, either jointly or severally, for any act or acts committed

in the performance of their official duties as board members; nor shall any

board member be personally liable for any court costs which accrue in any

action by or against the board.



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