Administrative Rule Review Report  #AR08-050

Legislative Service Office

30-Jun-08

AGENCY: Board of Dental Examiners.

DATE SUBMITTED: June 27, 2008.

SUBJECT: Chapter 8, Disciplinary Action or Denial of License.

NATURE OF RULES:                     Legislative and Interpretive.

STATUTORY AUTHORITY:         W.S. 33-15-101.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:

Apparently complete to date.  The Wyoming Dental Association did request a public hearing and submitted comments to the proposed rules.  Some of the comments were incorporated into the final adopted rules.  The changes made appear to be nonsubstantive and therefore comport with the "substantial compliance" requirement of the Wyoming Administrative Procedure Act (W.S 16-3-103(c)).

SUMMARY OF RULES:

These rules were promulgated after the Legislature made revisions to the Wyoming Dental Practices Act, W.S. 22-15-101 through 33-15-131.  The rules amend Chapter 8 of the Board's rules by deleting sections (1) and (2) of Chapter 8 and by adopting language concerning the discipline, suspension and license revocation of dentists and hygienists.  The language of the new rules is taken directly from W.S. 33-15-112(a) and W.S. 33-15-121.  The new rules permit suspension, revocation or reprimand for criminal conduct, for renting or loaning a license or diploma for use by other persons, for soliciting patients in a false or misleading manner, for being unfit or incompetent to practice, for being disciplined in another jurisdiction, for fraud, deceit or misrepresentations and for willful violations of the Board's Practice Act or its rules and regulations.  Consistent with W.S. 33-15-112 and W.S. 33-15-121, the rule also permits suspension, revocation and discipline for "unprofessional conduct" and specifically defines conduct which is unprofessional.

Pursuant to the adopted rules, unprofessional conduct includes failing to conform to the standards of acceptable and professional practices, including:  being grossly ignorant of heath care and dental related standards; being inefficient by failing to provide timely care or failing to refer a patient; engaging in conduct indicating compromised competency; being impaired by drug abuse, alcohol abuse or a physical or mental condition which compromises patient safety; employing unlicensed persons to perform tasks for which a license is required; violating patient confidences; failing to keep and maintain records; failing to provide information to a patient or to the Board; falsifying, deceiving or defrauding the Board; failing to verify that employees are properly licensed or certified; exploiting a patient's trust; performing studies or research without following proper protocol; failing to maintain CPR certification; being disciplined for cheating or plagiarizing; financial insolvency which might jeopardize patient treatment; violating any order, term, restriction or condition imposed by the Board and failing to conform with any statutory or regulatory provision of the Board, as well as the Board's Code of Ethics and the American Dental Association's Principles of Ethics and Code of Professional Conduct.

The new rules leave in place the existing portion of Chapter 8 dealing with reinstatement of a license.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Ian Shaw

Staff Attorney

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Dan Pauli

Director

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