201 KAR 8:532. Licensure of dentists

Link to law: http://www.lrc.ky.gov/kar/201/008/532.htm
Published: 2015

      201 KAR 8:532. Licensure of dentists.

 

      RELATES TO: KRS 39A.350-39A.366, 214.615,

218A.205, 304.040-075, 313.010(9), 313.030, 313.254

      STATUTORY AUTHORITY: KRS 214.615(2),

218A.205, 313.021(1)(a), (b), (c), 313.035(1), (3), 313.254

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

313.035 and 218A.205 require the board to promulgate administrative regulations

relating to requirements and procedures for the licensure of dentists. This

administrative regulation establishes requirements and procedures for licensure

of dentists.

 

      Section 1. General Licensure

Requirements. An applicant desiring dental licensure in the Commonwealth shall

at a minimum:

      (1) Understand, read, speak, and write

the English language with a comprehension and performance level equal to at

least the ninth grade of education, otherwise known as Level 4, verified by

testing as necessary;

      (2) Submit a completed, signed, and

notarized Application for Dental Licensure with an email contact address and

with an attached applicant photo taken within the past six (6) months;

      (3) Pay the fee required by 201 KAR

8:520;

      (4) Not be currently subject to

disciplinary action pursuant to KRS Chapter 313 that would prevent licensure;

      (5) Provide proof of completion of the

requirements of KRS 214.615(1);

      (6) Complete and pass the board’s jurisprudence

exam;

      (7) Provide proof of having current

certification in cardiopulmonary resuscitation (CPR) which meets or exceeds the

guidelines set forth by the American Heart Association;

      (8) Submit to a nation-wide criminal

background check by fingerprint through the Federal Bureau of Investigation or

by the Department of Kentucky State Police;

      (9) Provide verification within three (3)

months of the date the application is received at the office of the board of

any license to practice dentistry held previously or currently in any state or

jurisdiction;

      (10) Provide proof that the applicant is

a graduate of a Commission on Dental Accreditation (CODA) accredited dental

school or college or dental department of a university;

      (11) Provide proof that the applicant has

successfully completed Part I and Part II of the National Board Dental

Examination, which is written and theoretical, conducted by the Joint

Commission on National Dental Examinations; and

      (12) Provide a written explanation for

any positive returns on a query of the National Practitioner Data Bank.

 

      Section 2. Requirements for Licensure by

Examination. (1) Each individual desiring initial licensure as a dentist by

examination shall complete all of the requirements listed in Section 1 of this

administrative regulation.

      (2) Each individual desiring initial

licensure as a dentist by examination shall successfully complete a clinical

examination within the five (5) years preceding the filing of the application. The

board shall accept the following regional clinical examinations:

      (a) The examination of the Council of

Interstate Testing Agencies (CITA);

      (b) The examination of the Central

Regional Dental Testing Service (CRDTS);

      (c) The examination of a North East Regional

Board of Dental Examiners (NERB);

      (d) The examination of the Southern

Regional Testing Agency (SRTA); and

      (e) The examination of the Western

Regional Examining Board (WREB).

      (3) An individual desiring initial

licensure as a dentist by examination more than two (2) years after fulfilling

all of the requirements of his CODA accredited dental education shall:

      (a) Hold a license to practice dentistry

in good standing in another state or territory of the United States or the

District of Columbia; or

      (b) If the applicant does not hold a

license to practice dentistry in good standing, complete a board approved

refresher course prior to receiving a license to practice dentistry in the

Commonwealth of Kentucky.

      (4) An applicant who has taken a clinical

examination three (3) times and failed to achieve a passing score shall not be

allowed to sit for the examination again until the applicant has completed and

passed a remediation plan approved by the board.

 

      Section 3. Requirements for Licensure by

Credentials. Each individual desiring initial licensure as a dentist by

credentials shall:

      (1) Complete all of the requirements

listed in Section 1 of this administrative regulation;

      (2) Provide proof of having passed a

state, regional, or national clinical examination used to determine clinical

competency in a state or territory of the United States or the District of Columbia;

and

      (3) Provide proof that, for five (5) of

the six (6) years immediately preceding the filing of the application, the

applicant has been engaged in the active practice of dentistry when he or she

was legally authorized to practice dentistry in a state or territory of the

United States or the District of Columbia if the qualifications for the authorization

were equal to or higher than those of the Commonwealth of Kentucky.

 

      Section 4. Requirements for Student

Limited Licensure. (1) Each individual desiring a student limited license

shall:

      (a) Complete all of the requirements

listed in Section 1 of this administrative regulation with the exception of

subsections (10) and (11);

      (b) Provide a letter from the dean or

program director of a postgraduate, residency, or fellowship program in the

Commonwealth of Kentucky stating that the applicant has been accepted into the

program and the expected date of completion;

      (c) Submit a signed Statement Regarding

Student Licensure Limitations; and

      (d) Submit an official final transcript

of the applicant's dental coursework with the degree posted.

      (2) An individual licensed under this

section shall only practice dentistry in conjunction with programs of the

dental school where the individual is a student and shall only provide

professional services to patients of these programs.

      (3) Licenses issued under this section

shall be renewed with all other dental licenses issued by the board and shall

automatically expire upon the termination of the holder’s status as a student.

      (4) A program enrolling an individual

holding a student limited license shall notify the board in writing of the date

the student graduates from or exits the program.

      (5) Nothing in this section shall

prohibit:

      (a) A student from performing a dental

operation under the supervision of a competent instructor within the dental

school, college, or department of a university or private practice facility

approved by the board. The board may authorize a student of any dental college,

school, or department of a university to practice dentistry in any state or

municipal institution or public school, or under the board of health, or in a

public clinic or a charitable institution. A fee shall not be accepted by the

student beyond the expenses provided by the stipend;

      (b) A student limited license holder from

working under the general supervision of a licensed dentist within the confines

of the postgraduate training program; and

      (c) A volunteer health practitioner from

providing services under KRS 39A.350-39A.366.

 

      Section 5. Requirements for Faculty

Limited Licensure. (1) Each individual desiring a faculty limited license

shall:

      (a) Complete all of the requirements

listed in Section 1 of this administrative regulation with the exception of

subsections (10) and (11);

      (b) Provide a letter from the dean or

program director of the dental school showing a faculty appointment with one

(1) of the Commonwealth’s dental schools;

      (c) Submit a signed Statement Regarding

Faculty Licensure Limitations; and

      (d) Submit an official final transcript

of his or her dental coursework with the degree posted.

      (2) An individual licensed under this

section shall only practice dentistry in conjunction with programs of the

dental school where the individual is a faculty member and shall only provide

professional services to patients of these programs.

      (3) Licenses issued under this section

shall be renewed with all other dental licenses issued by the board and shall

automatically expire upon the termination of the holder’s status as a faculty

member.

      (4) A program employing an individual holding

a faculty limited license shall notify the board in writing of the date the

licensee exits the program.

 

      Section 6. Requirements for Licensure of

Foreign Trained Dentists. (1) Each individual desiring licensure as a dentist

who is a graduate of a non-CODA accredited dental program shall successfully

complete two (2) years of postgraduate training in a CODA accredited general

dentistry program and shall:

      (a) Provide proof of having passed the

Test of English as a Foreign Language (TOEFL) administered by the Educational

Testing Service with a score of 650 on the paper-based examination or a score

of 116 on the internet-based examination, if English is not the applicant's

native language;

      (b) Submit a completed, signed, and

notarized Application for Dental Licensure with an email contact address and

with an attached applicant photo taken within the past six (6) months;

      (c) Pay the fee required by 201 KAR

8:520;

      (d) Not be currently subject to

disciplinary action pursuant to KRS Chapter 313 that would prevent licensure;

      (e) Provide proof of having completed the

requirements of KRS 214.615(1);

      (f) Complete and pass the board’s jurisprudence

exam;

      (g) Provide proof of having current

certification in cardiopulmonary resuscitation (CPR) that meets or exceeds the

guidelines set forth by the American Heart Association;

      (h) Submit to a criminal background check

by fingerprint through the Federal Bureau of Investigation or by the Department

of Kentucky State Police;

      (i) Provide verification within three (3)

months of the date the application is received at the office of the board of

any license to practice dentistry held previously or currently in any state or

jurisdiction;

      (j) Provide proof of having successfully

completed two (2) years postgraduate training in a CODA accredited general

dentistry program;

      (k) Submit one (1) letter of

recommendation from the program director of each training site;

      (l) Provide proof of successful

completion of Part I and Part II of the National Board Dental Examination,

which is written and theoretical, conducted by the Joint Commission on National

Dental Examinations within the five (5) years preceding application for licensure;

      (m) Provide proof of successfully

completing within the five (5) years prior to application a clinical

examination required by Section 2(2) of this administrative regulation; and

      (n) Provide a written explanation for any

positive returns on a query of the National Practitioner Data Bank.

      (2) An individual desiring initial

licensure as a dentist who is a graduate of a non-CODA accredited dental

program and applies more than two (2) years after fulfilling all of the requirements

of his or her postgraduate training in a CODA accredited general dentistry program

shall:

      (a) Hold a license to practice dentistry

in good standing in another state or territory of the United States or the

District of Columbia; or

      (b) If the applicant does not hold a

license to practice dentistry in good standing, complete a board approved

refresher course prior to receiving a license to practice dentistry in the

Commonwealth of Kentucky.

 

      Section 7. Requirements for Charitable Limited

Licensure. (1) Each individual desiring a charitable limited license shall:

      (a) Understand, read, speak, and write

the English language with a comprehension and performance level equal to at

least the ninth grade of education, otherwise known as Level 4, verified by

testing as necessary;

      (b) Submit a completed, signed, and

notarized Application for Charitable Dental Licensure with an attached

applicant photo taken within the past six (6) months;

      (c) Not be subject to disciplinary action

pursuant to KRS Chapter 313 that would prevent licensure;

      (d) Have a license to practice dentistry

in good standing in another state or territory of the United States or the

District of Columbia; and

      (e) Provide a written explanation for any

positive returns on a query of the National Practitioner Data Bank.

      (2) An individual licensed under this

section shall:

      (a) Work only with charitable entities

registered with the Cabinet for Health and Family Services that have met the

requirements of KRS 313.254 and 201 KAR 8:581;

      (b) Only perform procedures allowed by

KRS 313.254(4) and (5) which shall be completed within the duration of the charitable

event;

      (c) Be eligible for the provisions of

medical malpractice insurance procured under KRS 304.40-075;

      (d) Perform these duties without

expectation of compensation or charge to the individual, and without payment or

reimbursement by any governmental agency or insurer;

      (e) Have a charitable limited license

that shall be valid for no more than two (2) years and shall expire during the

regular dental renewal cycle; and

      (f) Comply with reciprocity requirements

if applicable.

      1. A state that extends a reciprocal

agreement shall comply with this section.

      2. An individual shall notify the sponsor

of a charitable clinic and the board of the intent to conduct or participate in

the clinic.

      3. An individual conducting or

participating in a charitable clinic shall have a license to practice dentistry

in the state in which the dentist practices.

      (3) A dentist licensed under this section

shall not be allowed to prescribe any medications while practicing in the Commonwealth.

 

      Section 8. Requirements for Specialty

Licensure. Each individual desiring initial licensure as a specialist as

defined by KRS 313.010(9) shall:

      (1) Submit a completed, signed, and

notarized Application for Specialty Licensure with an attached applicant photo

taken within the past six (6) months;

      (2) Pay the fee required by 201 KAR

8:520;

      (3) Hold an active Kentucky license to practice

general dentistry prior to being issued a specialty license; and

      (4) Submit satisfactory evidence of

completing a CODA accredited graduate or postgraduate specialty program after

graduation from a dental school.

 

      Section 9. Minimum Continuing Education

Requirements. (1) Each individual desiring renewal of an active dental license

shall complete thirty (30) hours of continuing education that relates to or

advances the practice of dentistry and would be useful to the licensee's

practice.

      (2) Acceptable continuing education hours

shall include course content designed to increase:

      (a) Competency in treating patients who

are medically compromised or who experience medical emergencies during the

course of dental treatment;

      (b) Knowledge of pharmaceutical products

and the protocol of the proper use of medications;

      (c) Competence to diagnose oral

pathology;

      (d) Awareness of currently accepted

methods of infection control;

      (e) Knowledge of basic medical and

scientific subjects including biology, physiology, pathology, biochemistry,

pharmacology, epidemiology, and public health;

      (f) Knowledge of clinical and

technological subjects;

      (g) Knowledge of subjects pertinent to

patient management, safety, and oral healthcare;

      (h) Competency in assisting in mass

casualty or mass immunization situations;

      (i) Clinical skills through the volunteer

of clinical charitable dentistry that meets the requirements of KRS 313.254;

      (j) Knowledge of office business

operations and best practices; or

      (k) Participation in dental association

or society business meetings.

      (3) A minimum of ten (10) hours shall be

taken in a live interactive presentation format.

      (4) A maximum of ten (10) hours total may

be taken that meet the requirements of subsection (2)(i) - (k) of this section.

      (5) All continuing education hours shall

be verified by the receipt of a certificate of completion or certificate of

attendance bearing:

      (a) The signature of or verification by

the provider;

      (b) The name of the licensee in

attendance;

      (c) The title of the course or meeting

attended or completed;

      (d) The date of attendance or completion;

      (e) The number of hours earned; and

      (f) Evidence of the method of delivery if

the course was taken in a live interactive presentation format.

      (6) It shall be the sole responsibility

of the individual licensee to obtain documentation from the provider or

sponsoring organization verifying participation as established in subsection

(5) of this section and to retain the documentation for a minimum of five (5)

years.

      (7) At license renewal, each licensee

shall attest to the fact that he or she has complied with the requirements of

this section.

      (8) Each licensee shall be subject to

audit of proof of continuing education compliance by the board.

 

      Section 10. Requirements for Renewal of a

Dental License. (1) Each individual desiring renewal of an active dental

license shall:

      (a) Submit a signed, completed

Application for Renewal of Dental Licensure with an email contact address;

      (b) Pay the fee required by 201 KAR 8:520;

      (c) Maintain with no more than a thirty

(30) day lapse CPR certification that meets or exceeds the guidelines set forth

by the American Heart Association unless a hardship waiver is submitted to and

subsequently approved by the board;

      (d) Meet the requirements of KRS

214.615(1) regarding HIV/AIDS education for healthcare providers;

      (e) Obtain at least one and one-half

(1.5) hours of continuing education in the use of the Kentucky All Schedule

Prescription Electronic Reporting System, pain management, or addiction

disorders per year or a total of three (3) hours in a two (2) year renewal

cycle; and

      (f) Meet the continuing education

requirements as outlined in Section 9 of this administrative regulation except

in the following cases:

      1. If a hardship waiver has been

submitted to and is subsequently approved by the board;

      2. If the licensee graduated in the first

year of the renewal biennium, in which case the licensee shall complete

one-half (1/2) of the hours as outlined in Section 9 of this administrative regulation;

and

      3. If the licensee graduated in the

second year of the renewal biennium, in which case the licensee shall not be

required to complete the continuing education requirements outlined in Section

9 of this administrative regulation.

      (2) If a licensee has not actively

practiced dentistry in the two (2) consecutive years preceding the filing of

the renewal application, he or she shall complete and pass a board approved

refresher course prior to resuming the active practice of dentistry.

 

      Section 11. Retirement of a License. (1)

Each individual desiring retirement of a dental license shall submit a

completed and signed Retirement of License Form.

      (2) Upon receipt of this form, the board

shall send written confirmation of retirement to the address provided by the

licensee on the Retirement of License form.

      (3) A licensee shall not retire a license

that has a pending disciplinary action against it.

      (4) Each retirement shall be effective

upon the processing of the completed and signed Retirement of License Form by

the board.

 

      Section 12. Reinstatement of a License.

(1) Each individual desiring reinstatement of a properly retired dental license

shall:

      (a) Submit a completed, signed, and

notarized Application to Reinstate a Dental License with an attached applicant

photo taken within the past six (6) months;

      (b) Pay the fee required by 201 KAR

8:520;

      (c) Show proof of having current

certification in CPR that meets or exceeds the guidelines set forth by the

American Heart Association;

      (d) Provide verification within three (3)

months of the date the application is received at the office of the board of

any license to practice dentistry held previously or currently in any state or

jurisdiction;

      (e) Submit to a nation-wide criminal

background check by fingerprint through the Federal Bureau of Investigation or

by the Department of Kentucky State Police; and

      (f) Provide a written explanation for any

positive returns on a query of the National Practitioner Data Bank.

      (2) If an individual is reinstating a

license that was retired within the two (2) consecutive years immediately

preceding the filing of the reinstatement application, the individual shall provide

proof of having met the continuing education requirements as outlined in

Section 9 of this administrative regulation within those two (2) years.

      (3) If the applicant has not actively

practiced dentistry in the two (2) consecutive years immediately preceding the

filing of the reinstatement application, the applicant shall complete and pass

a refresher course approved by the board.

      (4) If a license is reinstated in the

first year of a renewal biennium, the licensee shall complete all of the

continuing education requirements as outlined in Section 9 of this

administrative regulation prior to the renewal of the license.

      (5) If a license is reinstated in the

second year of a renewal biennium, the licensee shall complete one-half (1/2)

of the hours as outlined in Section 9 of this administrative regulation prior

to the renewal of the license.

 

      Section 13. Requirements for Verification

of Licensure. Each individual desiring verification of a dental license shall:

      (1) Submit a signed and completed

Verification of Licensure or Registration Form; and

      (2) Pay the fee required by 201 KAR

8:520.

 

      Section 14. Requesting a Duplicate

License. Each individual desiring a duplicate dental license shall:

      (1) Submit a signed and completed

Duplicate License or Registration Request Form; and

      (2) Pay the fee required by 201 KAR

8:520.

 

      Section 15. Issuance of Initial

Licensure. If an applicant has completed all of the requirements for licensure

within six (6) months of the date the application was received at the office of

the board, the board shall:

      (1) Issue a license in sequential

numerical order; or

      (2) Deny licensure due to a violation of

KRS Chapter 313 or 201 KAR Chapter 8.

 

      Section 16. Incorporation by Reference.

(1) The following material is incorporated by reference:

      (a) "Application for Dental

Licensure", July 2010;

      (b) "Statement Regarding Student

Licensure Limitations", July 2010;

      (c) "Statement Regarding Faculty

Licensure Limitations", July 2010;

      (d) "Application for Charitable

Dental Licensure," March 2011;

      (e) "Application for Specialty

Licensure", July 2010;

      (f) "Application for Renewal of

Dental Licensure", May 2014;

      (g) "Retirement of License

Form", July 2010;

      (h) "Application to Reinstate a

Dental License", July 2010;

      (i) "Verification of Licensure or

Registration Form", July 2010;

      (j) "Duplicate License or

Registration Request Form", July 2010; and

      (k) "American Heart Association CPR

Guidelines", 2010.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at the Kentucky Board

of Dentistry, 312 Whittington Parkway, Suite 101, Louisville, Kentucky 40222,

Monday through Friday, 8 a.m. through 4:30 p.m. This material is also available

on the board’s Web site at http://dentistry.ky.gov.

(37 Ky.R. 3022; 38 Ky.R. 501, eff. 9-13-2011; 39 Ky.R. 514; 1378; eff.

2-1-2013; 40 Ky.R. 2328; 2680; eff. 6-18-2014.)
Read Entire Law on www.lrc.ky.gov