6044669 Health, Department of- Proposed Rulemaking for the Licensure and Regulation of Teaching Licenses for Dentists and Dental Hygienists  

  • DEPARTMENT OF HEALTH

     

    NOTICE OF PROPOSED RULEMAKING

     

    The Director of the Department of Health (Department), pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1203.02(14) (2012 Repl.)), Mayor's Order 98-140, dated August 20, 1998, and the Omnibus Health Regulation Amendment Act of 2014, effective March 26, 2014 (D.C. Law 20-0096; 61 DCR 3751(April 11, 2014)) (the Act), hereby gives notice of the intent to take final rulemaking action to adopt the following new Chapter 92 of Title 17 (Business, Occupations, and Professionals) of the District of Columbia Municipal Regulations (DCMR), entitled “Teaching Licenses for Dentistry and Dental Hygiene,” in not less than thirty (30) days from the date of publication of this notice in the D.C. Register

     

    The adoption of Chapter 92 is necessary to implement Section 508b of the Act, D.C. Official Code § 3-1205.08b, which authorizes the Board of Dentistry to issue teacher’s licenses in dentistry and dental hygiene.

     

    Chapter 92, TEACHING LICENSES FOR DENTISTRY AND DENTAL HYGIENE, of Title 17 DCMR, BUSINESS, OCCUPATIONS, AND PROFESSIONALS, is added as follows:

     

    CHAPTER 92           TEACHING LICENSES FOR DENTISTRY AND DENTAL HYGIENE

     

    Secs.

    9200                General Provisions

    9201                Licensure Required to Teach Dentistry or Dental Hygiene

    9202                Term of License

    9203                Eligibility Requirements for a Teacher’s License in Dentistry

    9204                Education and Professional Prerequisites for a Teacher’s License in

                            Dentistry

    9205                Application for a Teacher’s License in Dentistry

    9206                Eligibility Requirements for a Teacher’s License in Dental Hygiene

    9207                Education and Professional Prerequisites for a Teacher’s License in

                            Dental Hygiene

    9208                Application for a Teacher’s License in Dental Hygiene

    9209                Scope of Practice for a Teacher’s License in Dentistry

    9210                Scope of Practice for a Teacher’s License in Dental Hygiene

    9299                Definitions

     

    9200                GENERAL PROVISIONS

     

    9200.1             This chapter shall apply to applicants for and holders of a teacher’s license in dentistry or dental hygiene.

     

    9200.2             Chapter 40 (Health Occupations: General Rules), 41 (Health Occupations: Administrative Procedures), 42 (Dentistry), and 43 (Dental Hygiene) of Title 17 of the District of Columbia Municipal Regulations shall supplement this chapter. 

     

    9200.3             A holder of a teacher’s license in dentistry shall comply with all the requirements for the practice of dentistry under this chapter and the Act.

     

    9200.4             A holder of a teacher’s license in dental hygiene shall comply with all the requirements for the practice of dental hygiene under this Act.     

     

    9201                LICENSURE REQUIRED TO TEACH DENTISTRY OR DENTAL HYGIENE

     

    9201.1             No person unlicensed to practice dentistry or dental hygiene in the District of Columbia shall be permitted to teach dentistry or dental hygiene, respectively, within the District, without a teacher’s license.

     

    9201.2             For a period of one year after the effective date of these regulations an applicant who is not eligible to teach dentistry under § 9203 of this chapter, or is not eligible to teach dental hygiene under § 9206 of this chapter, may engage in the teaching of dentistry or dental hygiene, respectively, if the applicant:

                           

    (a)                Has received training to enable him or her to competently and safely teach dentistry; and

     

    (b)               Engages in dental or dental hygiene teaching under the general supervision of a licensed dentist.

     

    9202                TERM OF LICENSE

     

    9202.1             A teacher’s license in dentistry and a teacher’s license in dental hygiene shall expire on the earlier of:

     

    (a)                The date set in § 9202.3, unless the license is renewed for an additional term; or

     

    (b)               The date when the licensee ceases to be a full-time or part-time faculty member at the institution named on the license.

     

    9202.2             The holder of a teacher’s license in dentistry or dental hygiene shall surrender the license to the Board within thirty (30) days of ceasing to be a full-time or part-time faculty member at the institution named on the license.

     

    9202.3             Subject to § 9202.4, a teacher’s license in dentistry and a teacher’s license in dental hygiene issued pursuant to this chapter shall expire at 11:59 PM of December 31st of each odd-numbered year.

     

    9202.4             If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a teacher’s license in dentistry and a teacher’s license in dental hygiene issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the registration or other date established by the Director.

     

    9203                ELIGIBILITY REQUIREMENTS FOR A TEACHER’S LICENSE IN DENTISTRY

     

    9203.1             To be eligible for a teacher’s license in dentistry, an applicant shall:

     

    (a)                Have an appointment or a promise of an appointment as a full-time or part-time faculty member at an accredited dental school located in the District of Columbia and the institution where the dentist is appointed shall provide documentation satisfactory to the Board of the appointment;

     

    (b)               Meet the education and professional prerequisites set forth under § 9204.1, or § 9204.2;

     

    (c)                Have successfully completed Part I and Part II of the examination of the Joint Commission on National Dental Examinations;

     

    (d)               Be at least twenty-one (21) years of age;

     

    (e)                Be of good moral character and professionally competent;

     

    (f)                Not have failed the ADEX clinical examination, or its successor, for a license to practice dentistry in the District of Columbia, unless having subsequently passed;

     

    (g)               Be a United States citizen or an alien lawfully admitted to the United States;

     

    (h)               Not be currently under investigation or pending charges by any state licensing board, peer review authority, or law enforcement authority;

     

    (i)                 Not have a health professional license that is suspended, revoked, or otherwise not in good standing, as determined by the Board, in another state or jurisdiction; and

     

    (j)                 Not have been convicted or disciplined by a court of any state or country for a crime involving moral turpitude or that bears directly upon the fitness of the applicant to be licensed.

     

    9204                EDUCATION AND PROFESSIONAL PREREQUISITES FOR A TEACHER’S LICENSE IN DENTISTRY

     

    9204.1             Except as otherwise provided in § 9204.2, an applicant shall furnish proof satisfactory to the Board that the applicant:

     

    (a)                Has successfully completed an educational program in the practice of dentistry at an institution accredited by the Commission on Dental Accreditation of the American Dental Association (“CODA”), and holds a Degree of Doctor of Dental Surgery (DDS), Doctor of Dental Medicine (DMD), or its equivalent, from a college or university that is authorized by any state of the United States or any province of Canada to grant a degree and is recognized by the Board of Dentistry as requiring adequate professional collegiate training and as maintaining an acceptable course of dental instruction; and

     

    (b)               Is licensed to practice dentistry, in good standing, in any other state.

     

    9204.2             An applicant that does not meet the requirements set forth in § 9204.1, may be granted licensure if the dean of the dental school where the dentist will practice requests that the dentist be granted the license, circumstances exist that justify granting the request, and the applicant furnishes proof satisfactory to the Board that the applicant:

     

    (a)                Holds a DDS or DMD degree, or an equivalent degree from a school, college, or faculty of dentistry, recognized by the appropriate civil authorities of the jurisdiction in which the institution is located, which includes completion of a total of not less than six (6) total academic years of pre-professional and professional education, including courses in general chemistry, organic chemistry, biology or zoology, and physics, and for which at least four (4) academic years shall be professional dental education; and

     

    (a)                Has at least two (2) years of clinical dental experience.

     

    9205                APPLICATION FOR A TEACHER’S LICENSE IN DENTISTRY

     

    9205.1             To apply for a teacher’s license in dentistry an applicant shall:

     

    (a)  Submit a completed application to the Board on the required forms and include: 

     

    (1)               The applicant’s social security number on the application. If the applicant does not have a social security number, the applicant shall:

     

    (i)                 Submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number; and

     

    (ii)               Submit proof acceptable to the Board that he or she is legally authorized to be in the United States, such as a Resident Alien Card, a valid foreign passport with a visa, or a work permit card from the Department of Homeland Security (I-766 or I-688B);

     

    (2)               Two (2) recent passport-type photographs of the applicant’s face measuring two inches by two inches (2” x 2”), which clearly expose the area from the top of the forehead to the bottom of the chin; and

     

    (3)               One (1) clear photocopy of a U.S. government-issued photo ID, such as a driver’s license, as proof of identity; and

     

    (b)               Submit a formal request for licensure and promise of appointment or confirmation of appointment from the Dean of the dental school where the applicant will be appointed.  The request shall be submitted in a sealed envelope bearing the seal of the institution;

     

    (c)                Submit an official transcript mailed directly from the educational institution(s) in a sealed envelope, which shall verify that the applicant has successfully met the education requirements set forth in § 9204.1 or § 9204.2 of this chapter;

     

    (d)               Submit the applicant’s examination results, which have been certified or validated by the Joint Commission of National Dental Examiners;

     

    (e)                Submit proof acceptable to the Board that the applicant has not failed the ADEX clinical examination, or its successor, or proof that the applicant subsequently passed the examination which shall be certified or validated by the ADEX or its successor;

     

    (f)                Submit a copy of his or her current dental license; or if not licensed in another state, proof acceptable to the Board of having two (2) years of active clinical practice;

     

    (g)               Obtain verification from each state in which the applicant holds or has ever held a professional health occupation license, if applicable, that the license is current and in good standing, or if the license is no longer active, that it was in good standing immediately prior to its expiration.  The licensure verification form shall be sent directly to the Board by the verifying board;

     

    (h)               Pass the District of Columbia Dental Law Examination;

     

    (i)                 Submit two letters of recommendation from the applicant’s clinical colleagues, which shall certify to the board the good moral character of the applicant, and the applicant’s qualifications, background, and experience.

     

    (j)                 Undergo a criminal background check; and

     

    (k)               Pay all required fees.

     

    9206                ELIGIBILITY REQUIREMENTS FOR A TEACHER’S LICENSE IN DENTAL HYGIENE    

     

    9206.1             To be eligible for a teacher’s license in dental hygiene, an applicant shall:   

                           

    (a)                Have an appointment or a promise of an appointment as a full-time or part-time faculty member in a dental hygiene program at an accredited dental school located in the District of Columbia and the institution where the dental hygienist is appointed provides documentation satisfactory to the Board of the appointment.

     

    (b)               Meet the education and professional prerequisites set forth under § 9207.1;

     

    (c)                Have successfully completed the National Board of Dental Hygiene Examination;

     

    (d)               Be of good moral character and professionally competent;

     

    (e)                Not have failed the ADEX clinical examination, or its successor, unless having subsequently passed;

     

    (f)                Be a United States citizen or an alien lawfully admitted to the United States;

     

    (g)               Not be currently under investigation or pending charges by any state licensing board, peer review authority, or law enforcement authority;

     

    (h)               Not have a health professional license that is suspended, revoked, or otherwise not in good standing, as determined by the Board, in another state or jurisdiction; and

     

    (i)                 Not have been convicted or disciplined by a court of any state or country for a crime involving moral turpitude or that bears directly upon the fitness of the applicant to be licensed. 

     

    9207                EDUCATION AND PROFESSIONAL PREREQUISITES FOR A TEACHER’S LICENSE IN DENTAL HYGIENE

     

    9207.1             An applicant shall furnish proof satisfactory to the Board that the applicant:

     

    (a)                Has successfully completed an educational program in the practice of dental hygiene of at least two academic years at an institution accredited by the CODA at the time the applicant graduated; or the applicant demonstrates to the satisfaction of the Board that the applicant’s education and training are substantially equivalent to the requirements of this section; and

     

    (b)               Submits evidence satisfactory to the Board that the applicant has been actively engaged in the practice of dental hygiene for the three (3) years immediately preceding the application, and has at least one hundred and fifty (150) hours of active dental hygiene practice.

     

    9208                APPLICATION FOR A TEACHER’S LICENSE IN DENTAL HYGIENE

     

    9208.1             To apply for a teacher’s license in dental hygiene, an applicant shall:

     

    (a)        Submit a completed application to the Board on the required forms and include: 

     

    (1)               The applicant’s social security number on the application. If the applicant does not have a social security number, the applicant shall:

     

    (i)                 Submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number; and

     

    (ii)               Submit proof acceptable to the Board that he or she is legally authorized to be in the United States, such as a Resident Alien Card, a valid foreign passport with a visa, or a work permit card from the Department of Homeland Security (I-766 or I-688B);

     

    (2)               Two (2) recent passport-type photographs of the applicant’s face measuring two inches by two inches (2” x 2”), which clearly expose the area from the top of the forehead to the bottom of the chin; and

     

    (3)               One (1) clear photocopy of a U.S. government-issued photo ID,   such as a driver’s license, as proof of identity; and

     

    (b)        Submit a formal request for licensure and promise of appointment or confirmation of appointment from the Dean of the dental school or   dental hygiene school where the applicant will be appointed.  The request shall be submitted in a sealed envelope bearing the seal of the institution;

     

    (c)                Submit an official transcript mailed directly from the educational institution(s) in a sealed envelope, which shall verify that the applicant has successfully met the education requirements set forth in § 9207.1 of this chapter;

     

    (d)               Submit the applicant’s examination results, which have been certified or validated by the National Board of Dental Hygiene Examination;

     

    (e)                Submit proof acceptable to the Board that the applicant has not failed the ADEX clinical examination, or its successor, or proof that the applicant subsequently passed the examination which shall be certified or validated by the ADEX or its successor;

     

    (f)                Submit proof acceptable to the Board that the applicant has been actively engaged in the practice of dental hygiene for the three (3) years immediately preceding the application, and has at least one hundred fifty (150) hours of active dental hygiene practice;

     

    (g)               Obtain verification from each state in which the applicant holds or has ever held a professional health occupation license, if applicable, that the license is current and in good standing, or if the license is no longer active, that it was in good standing immediately prior to its expiration. The licensure verification form shall be sent directly to the Board by the verifying board;

     

    (h)        Pass the District of Columbia Dental Law Examination;

     

    (i)         Submit two (2) letters of recommendation from the applicant’s clinical colleagues, which shall certify to the board the good moral character of the applicant, and the applicant’s qualifications, background, and experience.

     

    (j)         Undergo a criminal background check; and

     

    (k)        Pay all required fees.

     

    9209                SCOPE OF PRACTICE FOR A TEACHER’S LICENSE IN DENTISTRY

     

    9209.1             The holder of an active teacher’s license in dentistry shall:

                           

    (a)                   Teach dentistry at only the institution named on the license, which includes, and is limited to the primary facilities within the dental school, and shall not engage in clinical teaching at a satellite location or other off-campus sites, such as clinics, unless the location or site is part of a program operated by the institution as confirmed by formal affiliation agreements; and

     

    (b)                  Practice, adjunct to instruction, only at the institution named on the license to the same extent as other faculty members who hold general licenses to practice dentistry; provided that a licensed dentist employed by the school provides general supervision in all clinical practice.

     

    9209.2             For purposes of this chapter, “teach” shall mean to provide clinical and didactic instruction and training at the institution to students formally enrolled in an educational program in the practice of dentistry at that institution.

     

    9209.3             The holder of a teacher’s license in dentistry shall not establish a dental practice in the District of Columbia, or engage in the practice of dentistry in any manner outside of the educational institution named on the license, without first obtaining an unrestricted dental license to practice dentistry in the District of Columbia.

     

    9210                SCOPE OF PRACTICE FOR A TEACHER’S LICENSE IN DENTAL HYGIENE

     

    9210.1             The holder of an active teacher’s license in dental hygiene shall:

                           

    (a)                Teach dental hygiene only at the institution named on the license, which includes, and is limited to the primary facilities within the dental school, and shall not engage in clinical teaching at a satellite location or other off-campus sites, such as clinics, unless the location or site is part of a program operated by the institution as confirmed by formal affiliation agreements; and

     

    (b)               Practice, adjunct to instruction, only at the institution named on the license to the same extent as other faculty members who hold general licenses to practice dental hygiene, and only under the direct supervision of a licensed dentist employed by the institution named on the license.

     

    9210.2             For purposes of this chapter, “teach” shall mean to provide clinical and didactic instruction and training at the institution to students formally enrolled in an educational program in the practice of dental hygiene at that institution.

     

    9210.3             The holder of a teacher’s license in dental hygiene shall not engage in the practice of dental hygiene in any manner outside of the educational institution named on the license, without first obtaining an unrestricted license to practice dental hygiene in the District of Columbia.

     

    9299                DEFINITIONS

     

                            As used in this chapter, the following terms shall have the meaning as ascribed:

     

    Act – the Omnibus Health Regulation Amendment Act of 2014, effective March 26, 2014 (D.C. Law 20-0096; 61 DCR 3751 (April 11, 2014)).

     

    Board – the Board of Dentistry.

     

    Direct supervision- means that a licensed dentist is physically present and reviews the work of the holder of a teacher’s license in dental hygiene before a patient leaves.

     

    Director – the Director of the Department of Health.

     

    General supervision – means that a licensed dentist is physically present or available by telecommunications device to supervise the holder of a teacher’s license in dentistry.

     

    Licensed Dentist – a person who is licensed by the Board as a Dentist.

     

     

    All persons desiring to comment on the subject matter of this proposed rulemaking action shall submit written comments, not later than thirty (30) days after the date of publication of this notice in the D.C. Register, to Phillip Husband, General Counsel, Department of Health, Office of the General Counsel, 899 North Capitol Street, N.E., 5th Floor, Washington D.C. 20002.    Copies of the proposed rules may be obtained between the hours of 8:00 a.m. and 4:00 p.m. at the address listed above, or by contacting Angli Black, Administrative Assistant, at Angli.Black@dc.gov, (202) 442-5977.