65-1434. Licenses issued without examination; qualifications of applicants; appearance before board; "applicant" defined.

65-1434

Chapter 65.--PUBLIC HEALTH
Article 14.--REGULATION OF DENTISTS AND DENTAL HYGIENISTS

      65-1434.   Licenses issued without examination;qualifications of applicants;appearance before board; "applicant" defined.(a) The board, without examination, may issue a license as a dentist ordental hygienist to an applicant holding a license in another state uponcompliance with the requirements of professional qualification and experienceset forth in subsection (b). The board shall prepare and adopt a form ofapplication to be submitted by an applicant for a license to be issued underthis section. On the receipt of any such application, the board shall conductsuch review, verification or other investigation of the applicant and theprofessional qualifications, background, experience and practice of theapplicant as the board deems necessary to assure full compliance with therequirements of this section. Any license so issued may be revoked by theboard upon evidence that an applicant has obtaineda license under this section through misrepresentation or omission of amaterial fact in the application or other information submitted to the board.

      (b)   Each applicant for licensure under this section must evidence thequalifications and meet the following requirements:

      (1)   Each applicant for licensure as a dentist under this section mustmeet the requirements set forth in K.S.A. 65-1426, and amendments thereto.Each applicant for licensure as a dental hygienist must meet any applicablerequirements set forth in K.S.A. 65-1455, and amendments thereto.

      (2)   Each applicant shall show evidence of having successfully completedboth a national board examination or an equivalent examination acceptedby the state in which the applicant has been previously licensed, and aclinical examination, administered by any state or clinical dental testingagency, of equivalent merit to the clinical examination accepted by theboard at the time such applicant completed such examinations.

      (3)   Each applicant for licensure as a dentist under this section shallhave held a license to practice dentistry in one or more other states ofthe United States for the five-year period immediately preceding the dateof application and shall have engaged in the active practice of dentistryfor at least five years prior to the date of application. Each applicantfor licensure as a dental hygienist under this section shall have helda license to practice dental hygiene in another state of the United Statesfor the three-year periodimmediately preceding the date of application and shall have engaged inthe active practice of dental hygiene for at least three years prior tothe date of application. Successive and continuous periods of active practicein other states will comply with the active practice requirements of thisparagraph (3). For the purpose of determining the period ofpractice, periods of military service will be considered to the extentapproved by the Kansas dental board. Service as a full-time faculty memberin a school of dentistry will be considered the practice of dentistry tothe extent service involved full-time instruction in dentistry includingclinical dentistry. Service as a faculty member in a school of dental hygienewill be considered the practice of dental hygiene to the extent such serviceinvolved instruction in dental hygiene including clinical dental hygiene.To be considered for the purposes of this statute, any such school of dentistryor dental hygiene must be approved by the Kansas dental board within themeaning of K.S.A. 65-1426 and amendments thereto.

      (4)   Each such applicant shall show evidence that the applicanthas fully complied with all continuing education requirements imposed bythe state or states in which the applicant has been licensed and has practicedduring the five years immediatelypreceding the date of the application. In theevent the state or states in which theapplicant has been licensed and practicedhas no such requirement, the applicant shallprovide such information concerningcontinuing education received by the applicant during the five-year periodpreceding application as may be required by the board. All applicants musthave completed continuing education sufficient to comply with that continuingeducation required of Kansas licensees during thetwenty-four-month period priorto the date of the application for licensure unless the Kansas dental boarddetermines, for good cause shown, that the requirement will work an unduehardship upon the applicant and the requirement is not necessary for theprotection of the people of Kansas based upon the training and experience ofthe applicant.

      (5)   The applicant shall provide such other information concerningthe applicant and the dental education, qualification, experience andprofessional conduct of the applicant as the board in its discretion deemsnecessary to its determination to issue a license.

      (6)   Each applicant shall provide a certificate of theexecutive director of the board or other agency governing licensure ofdentists or dental hygienistsof the state in which the applicant has been licensed and has practicedduring the required period preceding the date of the application. Suchcertificate shall state that: (A) The applicant is licensed to practicedentistry or dental hygiene in the state; (B) the license of the applicanthas never been suspended or revoked; (C) the applicant has never been thesubject of any proceeding for suspension, revocation or other disciplinaryaction initiated by the board of licensure of any such state during theperiod the applicant has held a license to practice dentistry or dentalhygiene in such state; and (D) no complaint has been filed against theapplicant of such substance as, in the judgment of the board of licensure ofsuch state, has required the initiation of proceedings against the applicant.In the event the applicant has practiced dentistry or dental hygiene in morethan one other state in the United States, the applicant shall file a similarcertificate with respect to such period or periods during which the applicanthas practiced in each such state.

      (c)   The Kansas dental boardmay direct an applicant to appear before the board at a date, time andplace to be determined by the Kansas dental board toanswer questions and provide such information concerning the qualifications,background, experience and practice of the applicant as the Kansas dentalboard may deem necessary.

      (d)   The term "applicant" as used in this section shall apply to bothapplicants for licensure as a dentist and applicants for licensure as a dentalhygienist unless the context otherwise indicates.

      History:   L. 1943, ch. 221, § 18;L. 1983, ch. 209, § 5;L. 1984, ch. 229, § 1;L. 1999, ch. 34, § 3;L. 2002, ch. 38, § 5;L. 2008, ch. 36, § 2; July 1.