Administrative Rule Review Report  AR07-065

Legislative Service Office

07-Nov-26

 

AGENCY:                                        Board of Dental Examiners.

 

DATE SUBMITTED:                      November 6, 2007.

 

SUBJECT:                                       Chapter 3, Requirements for Licensure; and Chapter 10, Fees.

 

NATURE OF RULES:                     Legislative and Procedural.

 

STATUTORY AUTHORITY:         W.S. 33-15-108(h) and W.S. 33-15-131.

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.

 

SUMMARY OF RULES:

 

The Board of Dental Examiners adopted rules to amend Chapter 3 to make the examination administered by the Western Regional Examination Agency (WREA) comparable to the other regional board examinations.  Pursuant to the Legislature's amendment of W.S. 33-15-106, effective July 1, 2007, the Board also adopted a new Chapter 10 which establishes fees for the issuance of licenses and the administration of examinations.

 

Chapter 3 was specifically amended to accept WREB scores with the addition of Part I Computer-Based Examination and Part III Prosthodontics Examination of the ADEX exam.

 

A new Chapter 10 was added which establishes fees.  Specifically, the following fees were established:  a dental examination fee of $250; a dental licensure by credentials fee of $750 plus the cost of PBIS fee at a Level II; an annual dental license renewal fee of $175; a anesthesia permit fee of $100; a anesthesia office audit fee of $500 per site plus travel expenses; a x-ray machine inspection fee paid directly to the inspector; a hygiene examination fee of $130; a hygiene licensure by credentials fee of $200 plus the cost of PBIS fee at Level II; an annual hygiene license renewal fee of $85; an expanded functions application fee of $20; an expanded function renewal fee of $10 for each expanded function certificate held; a renewal late fee of double the renewal fee and paid within three (3) months after December 31st; a dental assistant radiology permit fee of $15; a license verification fee of $25; a replacement document fee of $25 and a roster-dental or hygiene fee of $25 for professional requests and $1 per license for profit requests.

 

The new Chapter 10 establishes the type of payment accepted and mandates that the collected fees are non-refundable and must be paid in the exact amount, in advance.

 

FINDINGS:  Except as noted below, the rules appear to be within the scope of statutory authority and legislative intent.

 

In Section 2(p) of the newly-created Chapter 10, the Board proposes a new fee for providing dental or hygiene rosters.  The fee is $25 for professional requests and $1 per license for profit requests.  The LSO has discussed this rule with the Executive Director and confirmed that this provision would charge a different fee for identical information, dependent upon the intended use of the information, for profit or not-for-profit.  There is nothing in the Public Records Act which permits charging a different fee based on the intended use of identical information.  This provision appears to exceed statutory authority.

 

STAFF RECOMMENDATION:  That the Council recommend that the Governor exercise his line-item veto power to delete one of the two fees proposed in Chapter 10, Section 2(p).  In the alternative, if the Governor determines the use of his line-item veto is not appropriate, the Council recommends that the Governor direct the Board of Dental Examiners to amend Chapter 10, Section 2(p) to charge only one fee for all dental or hygiene rosters.

 

 

 

                                                                        _______________________

                                                                        Ian Shaw

                                                                        Staff Attorney

 

 

                                                                        _______________________

                                                                        David K. Gruver

                                                                        Assistant Director

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