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House Amendment 1143

Amendment Text

PAG LIN
  1  1    Amend House File 335 as follows:
  1  2    #1.  Page 10, by inserting after line 22 the
  1  3 following:
  1  4    "Sec.    .  Section 147.13, subsection 8, Code
  1  5 1997, is amended to read as follows:
  1  6    8.  For dentistry and dental hygiene, dental
  1  7 examiners.
  1  8    Sec.    .  Section 147.13, Code 1997, is amended by
  1  9 adding the following new subsection:
  1 10    NEW SUBSECTION.  19.  For dental hygienists, dental
  1 11 hygiene examiners.
  1 12    Sec.    .  Section 147.14, Code 1997, is amended by
  1 13 adding the following new subsection:
  1 14    NEW SUBSECTION.  17.  For dental hygiene examiners,
  1 15 four members licensed to practice dental hygiene, one
  1 16 member licensed to practice dentistry who has
  1 17 supervised or worked in collaboration with a dental
  1 18 hygienist for at least four out of the immediately
  1 19 preceding five years, and two members not licensed to
  1 20 practice dentistry or dental hygiene who shall
  1 21 represent the general public.  A majority of the
  1 22 members of the board constitutes a quorum.
  1 23    Sec.    .  Section 147.74, Code 1997, is amended by
  1 24 adding the following new subsection:
  1 25    NEW SUBSECTION.  19A.  A dental hygienist licensed
  1 26 under chapter 153 may use the words "licensed dental
  1 27 hygienist" after the person's name or signify the same
  1 28 by the use of the letters "L.D.H." after the person's
  1 29 name.
  1 30    Sec.    .  Section 147.80, subsection 11, Code
  1 31 1997, is amended to read as follows:
  1 32    11.  License to practice dental hygiene issued upon
  1 33 the basis of an examination given by the board of
  1 34 dental hygiene examiners, license to practice dental
  1 35 hygiene issued under a reciprocal agreement, renewal
  1 36 of a license to practice dental hygiene."
  1 37    #2.  Page 10, by inserting after line 30 the
  1 38 following:
  1 39    "Sec.    .  Section 153.15, Code 1997, is amended
  1 40 to read as follows:
  1 41    153.15  DENTAL HYGIENISTS – SCOPE OF TERM.
  1 42    A licensed dental hygienist may perform those
  1 43 services which are educational, therapeutic, and
  1 44 preventive in nature which attain or maintain optimal
  1 45 oral health as determined by the board of dentistry
  1 46 dental hygienists and may include but are not
  1 47 necessarily limited to complete oral prophylaxis,
  1 48 application of preventive agents to oral structures,
  1 49 exposure and processing of radiographs, administration
  1 50 of medicaments prescribed by a licensed dentist,
  2  1 obtaining and preparing nonsurgical, clinical and oral
  2  2 diagnostic tests for interpretation by the dentist,
  2  3 preparation of preliminary written records of oral
  2  4 conditions for interpretation by the dentist.  Such
  2  5 services shall be performed under supervision of a
  2  6 licensed dentist and in a dental office, a public or
  2  7 private school, public health agencies, hospitals, and
  2  8 the armed forces, but nothing herein shall be
  2  9 construed to authorize a dental hygienist to practice
  2 10 dentistry.
  2 11    Sec.    .  Section 153.15A, subsection 1,
  2 12 unnumbered paragraph 1, Code 1997, is amended to read
  2 13 as follows:
  2 14    In addition to requirements adopted by rule by the
  2 15 board of dental hygienists, in order to obtain a
  2 16 license as a dental hygienist, an applicant shall
  2 17 present evidence to the board of both of the
  2 18 following:
  2 19    Sec.    .  Section 153.23, Code 1997, is amended to
  2 20 read as follows:
  2 21    153.23  NOTICE OF INTENTION NOT TO RENEW LICENSE.
  2 22    If, prior to the renewal of any license to practice
  2 23 dentistry or dental hygiene, the board of dental
  2 24 examiners or the board of dental hygiene examiners,
  2 25 respectively, is informed upon oath or affirmation
  2 26 lawfully administered, that any such applicant has
  2 27 during the term of the applicant's last license or the
  2 28 last renewal thereof violated any of the provisions of
  2 29 this chapter or chapter 147 or committed any of the
  2 30 acts of unprofessional conduct as defined in this
  2 31 chapter, or if any member of the board certifies in
  2 32 writing that the member is credibly informed that such
  2 33 violation of law or act of unprofessional conduct has
  2 34 been so committed by such applicant, then the board
  2 35 shall notify such applicant, by certified letter, with
  2 36 postage prepaid, mailed to the applicant's address as
  2 37 shown by the records of said the board that such
  2 38 information or certificate has come to the attention
  2 39 of the board, and that on a day and hour specified the
  2 40 applicant may appear before the board at such place
  2 41 stated in such notice and show cause why said the
  2 42 license should be renewed.  In such event the renewal
  2 43 of such the license shall not be made prior to the
  2 44 date so fixed and the making of such a showing by the
  2 45 applicant.
  2 46    Sec.    .  Section 153.24, Code 1997, is amended to
  2 47 read as follows:
  2 48    153.24  TIME AND PLACE OF HEARING.
  2 49    The time and place of such hearing before the board
  2 50 of dental examiners or the board of dental hygiene
  3  1 examiners shall be open to public inspection at all
  3  2 reasonable hours.
  3  3    Sec.    .  Section 153.25, Code 1997, is amended to
  3  4 read as follows:
  3  5    153.25  HEARING CONFIDENTIAL.
  3  6    At such hearing, which shall be confidential unless
  3  7 the applicant requests it be a public one, any person
  3  8 having knowledge of the facts pertaining to the
  3  9 propriety of the renewal of such license may testify
  3 10 thereto, and the chairperson of the board of dental
  3 11 examiners or the board of dental hygiene examiners is
  3 12 hereby empowered to and shall administer oaths to all
  3 13 such persons offering testimony.
  3 14    Sec.    .  Section 153.26, Code 1997, is amended to
  3 15 read as follows:
  3 16    153.26  REJECTION OF RENEWAL.
  3 17    If at said the hearing, or upon appeal if taken as
  3 18 hereinafter provided, it shall be established that the
  3 19 applicant has theretofore failed to comply with all of
  3 20 the provisions of this chapter or has during the term
  3 21 of the license or the last renewal thereof committed
  3 22 any of the acts of unprofessional conduct as defined
  3 23 in this chapter, then the board of dental examiners or
  3 24 the board of dental hygiene examiners shall reject
  3 25 such application and said the license shall not be
  3 26 renewed except as hereinafter provided.
  3 27    Sec.    .  Section 153.27, Code 1997, is amended to
  3 28 read as follows:
  3 29    153.27  MINUTES OF EVIDENCE.
  3 30    The minutes of all evidence heard by the said board
  3 31 of dental examiners or the board of dental hygiene
  3 32 examiners or exhibits introduced at said the hearing
  3 33 for or against the granting of said the application
  3 34 for license, together with the order of the board
  3 35 granting or rejecting such application for renewal of
  3 36 license, which shall be in writing, shall be and
  3 37 become a part of the records of said the board and
  3 38 shall be open to public inspection at all reasonable
  3 39 hours.  Written notice of said the order shall
  3 40 forthwith be mailed to the applicant by the board.
  3 41    Sec.    .  Section 153.28, Code 1997, is amended to
  3 42 read as follows:
  3 43    153.28  JUDICIAL REVIEW.
  3 44    Judicial review of actions of the board of dental
  3 45 examiners or the board of dental hygiene examiners may
  3 46 be sought in accordance with the terms of the Iowa
  3 47 administrative procedure Act.
  3 48    Sec.    .  Section 153.29, Code 1997, is amended to
  3 49 read as follows:
  3 50    153.29  ORDER STANDS DURING REVIEW.
  4  1    Notwithstanding the terms of the Iowa
  4  2 administrative procedure Act, chapter 17A, the order
  4  3 of the board of dental examiners or the board of
  4  4 dental hygiene examiners rejecting such application,
  4  5 and refusing to renew such license, shall remain in
  4  6 force and effect until such petition for judicial
  4  7 review is finally determined and disposed of upon the
  4  8 merits and no new or temporary license shall be issued
  4  9 to the applicant pending such disposition.
  4 10    Sec.    .  Section 153.30, Code 1997, is amended to
  4 11 read as follows:
  4 12    153.30  REINSTATEMENT – EXAMINATION.
  4 13    Any former licensee whose application for renewal
  4 14 of license has been rejected by the board of dental
  4 15 examiners or the board of dental hygiene examiners and
  4 16 who has not successfully prosecuted a proceeding for
  4 17 judicial review therefrom as herein provided shall not
  4 18 thereafter receive such license or renewal thereof
  4 19 unless same such license or renewal shall be granted
  4 20 by the board and upon payment of the renewal fees then
  4 21 due.  Said The board may require examination of the
  4 22 former licensee, in which case the former licensee
  4 23 shall pay the examination fees provided by law.
  4 24    Sec.    .  Section 153.31, Code 1997, is amended to
  4 25 read as follows:
  4 26    153.31  FALSIFICATION IN APPLICATION FOR RENEWAL.
  4 27    A license to practice either dentistry or dental
  4 28 hygiene shall be revoked or suspended in the manner
  4 29 and upon the grounds elsewhere provided in this
  4 30 chapter, and also when the certificate accompanying
  4 31 the application of such licensee for renewal of
  4 32 license filed with the board of dental examiners or
  4 33 the board of dental hygiene examiners is not in all
  4 34 material respects true.
  4 35    Sec.    .  Section 153.33, unnumbered paragraph 1,
  4 36 Code 1997, is amended to read as follows:
  4 37    Subject to the provisions of this chapter, any
  4 38 provision of this subtitle to the contrary
  4 39 notwithstanding, the board of dental examiners or the
  4 40 board of dental hygiene examiners shall exercise the
  4 41 following powers:
  4 42    Sec.    .  Section 153.34, unnumbered paragraph 1,
  4 43 Code 1997, is amended to read as follows:
  4 44    The board of dental examiners or the board of
  4 45 dental hygiene examiners may issue an order to
  4 46 discipline a licensed dentist or dental hygienist for
  4 47 any of the grounds set forth in this chapter, chapter
  4 48 272C, or title IV.  Notwithstanding section 272C.3,
  4 49 licensee discipline may include a civil penalty not to
  4 50 exceed ten thousand dollars.  Pursuant to this
  5  1 section, the board may discipline a licensee for any
  5  2 of the following reasons:
  5  3    Sec.    .  NEW SECTION.  153.34A  REFERENCES TO
  5  4 BOARDS.
  5  5    All references to "board" within this chapter refer
  5  6 to the board of dental examiners for dentists and to
  5  7 the board of dental hygiene examiners for dental
  5  8 hygienists.  The board of dental hygiene examiners
  5  9 shall act only on matters pertaining to dental
  5 10 hygienists, the licensure, discipline, and education
  5 11 of dental hygienists, and the practice of dental
  5 12 hygiene."
  5 13    #3.  Page 11, by inserting after line 13 the
  5 14 following:
  5 15    "Sec.    .  Section 272C.1, subsection 6, Code
  5 16 1997, is amended by adding the following new
  5 17 paragraph:
  5 18    NEW PARAGRAPH.  cc.  The board of dental hygiene
  5 19 examiners, created pursuant to chapter 147.
  5 20    Sec.    .  CURRENT RULES AND LICENSES.
  5 21    1.  All rules pertaining to dental hygiene and
  5 22 dental hygienists in force at the time the board of
  5 23 dental hygiene examiners is created shall remain in
  5 24 force and be enforced by the board of dental hygiene
  5 25 examiners until amended or repealed by the board of
  5 26 dental hygiene examiners.
  5 27    2.  All persons holding a valid dental hygiene
  5 28 license granted under the authority of the board of
  5 29 dental examiners shall continue to hold such license
  5 30 for its term unless revoked or suspended by the board
  5 31 of dental hygiene examiners pursuant to this chapter."
  5 32    #4.  Title page, line 5, by inserting after the
  5 33 word "fees," the following:  "creating a board of
  5 34 dental hygiene examiners,".
  5 35    #5.  By renumbering as necessary.  
  5 36 
  5 37 
  5 38                               
  5 39 HAHN of Muscatine
  5 40 
  5 41 
  5 42                               
  5 43 KLEMME of Plymouth
  5 44 
  5 45 
  5 46                               
  5 47 THOMSON of Linn
  5 48 
  5 49 
  5 50                               
  6  1 JACOBS of Polk
  6  2 
  6  3 
  6  4                               
  6  5 GIPP of Winneshiek
  6  6 
  6  7 
  6  8                               
  6  9 KREMER of Buchanan
  6 10 
  6 11 
  6 12                               
  6 13 NELSON of Marshall
  6 14 
  6 15 
  6 16                               
  6 17 DODERER of Johnson
  6 18 HF 335.301 77
  6 19 pf/cf/28
     

Text: H01142                            Text: H01144
Text: H01100 - H01199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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