65-1423. Act inapplicable to certain practices, acts and operations; definitions.
65-1423
65-1423. Act inapplicable to certain practices, actsand operations; definitions.(a) Nothing in this act shall apply to the following practices, acts andoperations:
(1) To the practice of a person licensed to practicemedicine and surgery under the laws of this state, unless such person practicesdentistry as a specialty;
(2) to the performance by a licensed nurse of a task aspart of theadministration of an anaesthetic for a dental operation under the directsupervision of alicensed dentist or person licensed to practice medicine andsurgery so long as the anaesthetic given under the direct supervision of alicensed dentist is consistent with the anaesthetic the dentist is authorizedto administer under K.S.A. 65-1444, and amendments thereto,and consistent with subsection (a) of K.S.A. 65-1162, and amendmentsthereto, and subsection (e) of K.S.A. 65-1163, and amendmentsthereto;
(3) to the giving by a registered nurse anesthetist of ananaesthetic fora dental operation in an interdependent role as a member of a physician ordentist directed health care team;
(4) the practice of dentistry in the discharge of their officialduties by graduate dentists or dental surgeons in the United Statesarmy, navy, air force, marines, public health service, coast guard orveterans' administration;
(5) the practice of dentistry by a licensed dentist or licensed dentalhygienist of other statesor countries at meetings of the Kansas state dental association orcomponents thereof, or other like dental organizations approved by theboard, while appearing as clinicians;
(6) to the filling of prescriptions of a licenseddentist as hereinafter provided by any person or persons, association,corporation or other entity, for the construction, reproduction orrepair of prosthetic dentures, bridges, plates or appliances to be usedor worn as substitutes for natural teeth, provided that such person orpersons, associations, corporation or other entity, shall not solicitor advertise, directly or indirectly by mail, card, newspaper, pamphlet,radio or otherwise, to the general public to construct, reproduce orrepair prosthetic dentures, bridges, plates or other appliances to beused or worn as substitutes for natural teeth;
(7) to the use of roentgen or x-ray machines or other rays formaking radiograms or similar records, of dental or oral tissues underthe supervision of a licensed dentist or physicianexcept that such service shall not be advertised by any name whatever as anaid or inducement to secure dental patronage, and no person shall advertisethat such person has, leases, owns or operates a roentgen or x-ray machine forthe purpose of making dental radiograms of the human teeth or tissues or theoral cavity, or administering treatment thereto for any disease thereof;
(8) except as hereinafter limited to the performance of any dentalservice of any kind by any person who is not licensed under this act, ifsuch service is performed under the supervision of a dentist licensedunder this act at the office of such licensed dentist except that suchnonlicensed person shall not be allowed to performor attempt to perform the following dental operations or services:
(A) Any and all removal of or addition to the hard or softtissue of the oral cavity;
(B) any and all diagnosis of or prescription for treatment fordisease, pain, deformity, deficiency, injury or physical condition ofthe human teeth or jaws, or adjacent structure;
(C) any and all correction of malformation of teeth or of the jaws;
(D) any and all administration of general or localanaesthesia of anynature in connection with a dental operation; or
(E) a prophylaxis, exceptthat individuals who are not licensed but who are operating under thedirect supervision of a dentist may(i) coronal polish teeth as defined by rules and regulationsof the boardand (ii) coronal scale teeth above the gum line as long as suchprocedure is not performed on a patient who has undergone local or generalanesthesia at the time of the procedure, is undertaken by a nonlicensed personwho has successfully completed necessary training for performing such dentalprocedure in a course of study approved by the board, which course of study isconsistent with American dental association accreditation standards andincludesbut is not limited to adequate instruction on scaling the teeth and recognitionof periodontal disease, is undertaken by a person who has met the experiencerequirements for performing such procedures as established by the board;
(9) the practice of dentistryby a dental student, the practice of dental hygiene by a dental hygienestudent or the performance of duties permitted under the dental practices actto unlicensed persons by a dental assisting student, provided that (i) theprocedures are performed as part of the educational program of dental, dentalhygiene or dental assisting that has been approved by the board and in afacility operated or overseen by the approved program and (ii) the student isunder the supervision of a dentist or dental hygienist who is either licensedin the stateof Kansas or who is eligible to be licensed in Kansas and has an application tobe licensed in Kansas pending, serving as a faculty member of the program;
(10) the actions of persons while they are taking examinations for licensureadministered or approved by the board; or
(11) the actions of persons while administering examinations approved by theboard.
(b) As used in this section:
(1) "Removal of or addition to the hard or soft tissue of the oral cavity"means: (A) A surgical or cutting procedure on hard or soft tissues; (B) thegrafting of hard or soft tissues; (C) the final placement or intraoraladjustment of a fixed crown or fixed bridge; and (D) root planing or thesmoothing of roughened root surfaces.
(2) "Diagnosis of or prescription for treatment for disease, pain,deformity, deficiency, injury or physical condition of the human teeth or jawsor adjacent structure" means: (A) A comprehensive examination; (B) diagnosisand treatment planning; and (C) the prescription of a drug, medication or workauthorization.
(3) "Correction of malformation of teeth or the jaws" means surgery, cuttingor any other irreversible procedure.
(4) "General or local anesthesia of any nature in connection with a dentaloperation" means any general anaesthetic and any local anaesthetic whetherblock or infiltration but shall not include the administration and monitoringof the analgesic use of nitrous oxide or oxygen, or both.
History: L. 1943, ch. 221, § 6;L. 1967, ch. 341, § 1;L. 1994, ch. 169, § 1;L. 1997, ch. 30, § 1;L. 1998, ch. 141, § 1;L. 2000, ch. 169, § 3;L. 2001, ch. 145, § 1;L. 2008, ch. 36, § 1; July 1.