GENERAL GOVERNMENT CABINET

Kentucky Board of Dentistry

(Amendment)

 

      201 KAR 8:532. Licensure of dentists.

 

      RELATES TO: KRS 39A.350-39A.366, 214.615, 218A.205, 304.040-075, 313.010(9), 313.030, 313.254

      STATUTORY AUTHORITY: KRS 214.615(2), 218A.205, 313.021(1)(a), (b), (c), 313.035(1), (3), 313.254

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 313.035 and 218A.205 require the board to promulgate administrative regulations relating to requirements and procedures for the licensure of dentists. This administrative regulation establishes requirements and procedures for licensure of dentists.

 

      Section 1. General Licensure Requirements. An applicant desiring dental licensure in the Commonwealth shall at a minimum:

      (1) Understand, read, speak, and write the English language with a comprehension and performance level equal to at least the ninth grade of education, otherwise known as Level 4, verified by testing as necessary;

      (2) Submit a completed, signed, and notarized Application for Dental Licensure with an email contact address and with an attached applicant photo taken within the past six (6) months;

      (3) Pay the fee required by 201 KAR 8:520;

      (4) Not be currently subject to disciplinary action pursuant to KRS Chapter 313 that would prevent licensure;

      (5) Provide proof of completion of the requirements of KRS 214.615(1);

      (6) Complete and pass the board’s jurisprudence exam;

      (7) Provide proof of having current certification in cardiopulmonary resuscitation (CPR) which meets or exceeds the guidelines set forth by the American Heart Association;

      (8) Submit to a nation-wide criminal background check by fingerprint through the Federal Bureau of Investigation or by the Department of Kentucky State Police;

      (9) Provide verification within three (3) months of the date the application is received at the office of the board of any license to practice dentistry held previously or currently in any state or jurisdiction;

      (10) Provide proof that the applicant is a graduate of a Commission on Dental Accreditation (CODA) accredited dental school or college or dental department of a university;

      (11) Provide proof that the applicant has successfully completed Part I and Part II of the National Board Dental Examination, which is written and theoretical, conducted by the Joint Commission on National Dental Examinations; and

      (12) Provide a written explanation for any positive returns on a query of the National Practitioner Data Bank.

 

      Section 2. Requirements for Licensure by Examination. (1) Each individual desiring initial licensure as a dentist by examination shall complete all of the requirements listed in Section 1 of this administrative regulation.

      (2) Each individual desiring initial licensure as a dentist by examination shall successfully complete a clinical examination within the five (5) years preceding the filing of the application.[(a) Prior to July 15, 2013,] The board shall accept the following regional clinical examinations:

      (a)[1.] The examination of the Council of Interstate Testing Agencies (CITA);

      (b)[2.] The examination of the Central Regional Dental Testing Service (CRDTS);

      (c)[3.] The examination of a North East Regional Board of Dental Examiners (NERB);

      (d)[4.] The examination of the Southern Regional Testing Agency (SRTA); and

      (e)[5.] The examination of the Western Regional Examining Board (WREB).[(b) After July 15, 2013, the board shall only accept a nationalized clinical examination.]

      (3) An individual desiring initial licensure as a dentist by examination more than two (2) years after fulfilling all of the requirements of his CODA accredited dental education shall:

      (a) Hold a license to practice dentistry in good standing in another state or territory of the United States or the District of Columbia; or

      (b) If the applicant does not hold a license to practice dentistry in good standing, complete a board approved refresher course prior to receiving a license to practice dentistry in the Commonwealth of Kentucky.

      (4) An applicant who has taken a clinical examination three (3) times and failed to achieve a passing score shall not be allowed to sit for the examination again until the applicant has completed and passed a remediation plan approved by the board.

 

      Section 3. Requirements for Licensure by Credentials. Each individual desiring initial licensure as a dentist by credentials shall:

      (1) Complete all of the requirements listed in Section 1 of this administrative regulation;

      (2) Provide proof of having passed a state, regional, or national clinical examination used to determine clinical competency in a state or territory of the United States or the District of Columbia; and

      (3) Provide proof that, for five (5) of the six (6) years immediately preceding the filing of the application, the applicant has been engaged in the active practice of dentistry when he or she was legally authorized to practice dentistry in a state or territory of the United States or the District of Columbia if the qualifications for the authorization were equal to or higher than those of the Commonwealth of Kentucky.

 

      Section 4. Requirements for Student Limited Licensure. (1) Each individual desiring a student limited license shall:

      (a) Complete all of the requirements listed in Section 1 of this administrative regulation with the exception of subsections (10) and (11);

      (b) Provide a letter from the dean or program director of a postgraduate, residency, or fellowship program in the Commonwealth of Kentucky stating that the applicant has been accepted into the program and the expected date of completion;

      (c) Submit a signed Statement Regarding Student Licensure Limitations; and

      (d) Submit an official final transcript of the applicant's dental coursework with the degree posted.

      (2) An individual licensed under this section shall only practice dentistry in conjunction with programs of the dental school where the individual is a student and shall only provide professional services to patients of these programs.

      (3) Licenses issued under this section shall be renewed with all other dental licenses issued by the board and shall automatically expire upon the termination of the holder’s status as a student.

      (4) A program enrolling an individual holding a student limited license shall notify the board in writing of the date the student graduates from or exits the program.

      (5) Nothing in this section shall prohibit:

      (a) A student from performing a dental operation under the supervision of a competent instructor within the dental school, college, or department of a university or private practice facility approved by the board. The board may authorize a student of any dental college, school, or department of a university to practice dentistry in any state or municipal institution or public school, or under the board of health, or in a public clinic or a charitable institution. A fee shall not be accepted by the student beyond the expenses provided by the stipend;

      (b) A student limited license holder from working under the general supervision of a licensed dentist within the confines of the postgraduate training program; and

      (c) A volunteer health practitioner from providing services under KRS 39A.350-39A.366.

 

      Section 5. Requirements for Faculty Limited Licensure. (1) Each individual desiring a faculty limited license shall:

      (a) Complete all of the requirements listed in Section 1 of this administrative regulation with the exception of subsections (10) and (11);

      (b) Provide a letter from the dean or program director of the dental school showing a faculty appointment with one (1) of the Commonwealth’s dental schools;

      (c) Submit a signed Statement Regarding Faculty Licensure Limitations; and

      (d) Submit an official final transcript of his or her dental coursework with the degree posted.

      (2) An individual licensed under this section shall only practice dentistry in conjunction with programs of the dental school where the individual is a faculty member and shall only provide professional services to patients of these programs.

      (3) Licenses issued under this section shall be renewed with all other dental licenses issued by the board and shall automatically expire upon the termination of the holder’s status as a faculty member.

      (4) A program employing an individual holding a faculty limited license shall notify the board in writing of the date the licensee exits the program.

 

      Section 6. Requirements for Licensure of Foreign Trained Dentists. (1) Each individual desiring licensure as a dentist who is a graduate of a non-CODA accredited dental program shall successfully complete two (2) years of postgraduate training in a CODA accredited general dentistry program and shall:

      (a) Provide proof of having passed the Test of English as a Foreign Language (TOEFL) administered by the Educational Testing Service with a score of 650 on the paper-based examination or a score of 116 on the internet-based examination, if English is not the applicant's native language;

      (b) Submit a completed, signed, and notarized Application for Dental Licensure with an email contact address and with an attached applicant photo taken within the past six (6) months;

      (c) Pay the fee required by 201 KAR 8:520;

      (d) Not be currently subject to disciplinary action pursuant to KRS Chapter 313 that would prevent licensure;

      (e) Provide proof of having completed the requirements of KRS 214.615(1);

      (f) Complete and pass the board’s jurisprudence exam;

      (g) Provide proof of having current certification in cardiopulmonary resuscitation (CPR) that meets or exceeds the guidelines set forth by the American Heart Association;

      (h) Submit to a criminal background check by fingerprint through the Federal Bureau of Investigation or by the Department of Kentucky State Police;

      (i) Provide verification within three (3) months of the date the application is received at the office of the board of any license to practice dentistry held previously or currently in any state or jurisdiction;

      (j) Provide proof of having successfully completed two (2) years postgraduate training in a CODA accredited general dentistry program;

      (k) Submit one (1) letter of recommendation from the program director of each training site;

      (l) Provide proof of successful completion of Part I and Part II of the National Board Dental Examination, which is written and theoretical, conducted by the Joint Commission on National Dental Examinations within the five (5) years preceding application for licensure;

      (m) Provide proof of successfully completing within the five (5) years prior to application a clinical examination required by Section 2(2) of this administrative regulation; and

      (n) Provide a written explanation for any positive returns on a query of the National Practitioner Data Bank.

      (2) An individual desiring initial licensure as a dentist who is a graduate of a non-CODA accredited dental program and applies more than two (2) years after fulfilling all of the requirements of his or her postgraduate training in a CODA accredited general dentistry program shall:

      (a) Hold a license to practice dentistry in good standing in another state or territory of the United States or the District of Columbia; or

      (b) If the applicant does not hold a license to practice dentistry in good standing, complete a board approved refresher course prior to receiving a license to practice dentistry in the Commonwealth of Kentucky.

 

      Section 7. Requirements for Charitable Limited Licensure. (1) Each individual desiring a charitable limited license shall:

      (a) Understand, read, speak, and write the English language with a comprehension and performance level equal to at least the ninth grade of education, otherwise known as Level 4, verified by testing as necessary;

      (b) Submit a completed, signed, and notarized Application for Charitable Dental Licensure with an attached applicant photo taken within the past six (6) months;

      (c) Not be subject to disciplinary action pursuant to KRS Chapter 313 that would prevent licensure;

      (d) Have a license to practice dentistry in good standing in another state or territory of the United States or the District of Columbia; and

      (e) Provide a written explanation for any positive returns on a query of the National Practitioner Data Bank.

      (2) An individual licensed under this section shall:

      (a) Work only with charitable entities registered with the Cabinet for Health and Family Services that have met the requirements of KRS 313.254 and 201 KAR 8:581;

      (b) Only perform procedures allowed by KRS 313.254(4) and (5) which shall be completed within the duration of the charitable event;

      (c) Be eligible for the provisions of medical malpractice insurance procured under KRS 304.40-075;

      (d) Perform these duties without expectation of compensation or charge to the individual, and without payment or reimbursement by any governmental agency or insurer;

      (e) Have a charitable limited license that shall be valid for no more than two (2) years and shall expire during the regular dental renewal cycle; and

      (f) Comply with reciprocity requirements if applicable.

      1. A state that extends a reciprocal agreement shall comply with this section.

      2. An individual shall notify the sponsor of a charitable clinic and the board of the intent to conduct or participate in the clinic.

      3. An individual conducting or participating in a charitable clinic shall have a license to practice dentistry in the state in which the dentist practices.

      (3) A dentist licensed under this section shall not be allowed to prescribe any medications while practicing in the Commonwealth.

 

      Section 8. Requirements for Specialty Licensure. Each individual desiring initial licensure as a specialist as defined by KRS 313.010(9) shall:

      (1) Submit a completed, signed, and notarized Application for Specialty Licensure with an attached applicant photo taken within the past six (6) months;

      (2) Pay the fee required by 201 KAR 8:520;

      (3) Hold an active Kentucky license to practice general dentistry prior to being issued a specialty license; and

      (4) Submit satisfactory evidence of completing a CODA accredited graduate or postgraduate specialty program after graduation from a dental school.

 

      Section 9. Minimum Continuing Education Requirements. (1) Each individual desiring renewal of an active dental license shall complete thirty (30) hours of continuing education that relates to or advances the practice of dentistry and would be useful to the licensee's practice.

      (2) Acceptable continuing education hours shall include course content designed to increase:

      (a) Competency in treating patients who are medically compromised or who experience medical emergencies during the course of dental treatment;

      (b) Knowledge of pharmaceutical products and the protocol of the proper use of medications;

      (c) Competence to diagnose oral pathology;

      (d) Awareness of currently accepted methods of infection control;

      (e) Knowledge of basic medical and scientific subjects including biology, physiology, pathology, biochemistry, pharmacology, epidemiology, and public health;

      (f) Knowledge of clinical and technological subjects;

      (g) Knowledge of subjects pertinent to patient management, safety, and oral healthcare;

      (h) Competency in assisting in mass casualty or mass immunization situations;

      (i) Clinical skills through the volunteer of clinical charitable dentistry that meets the requirements of KRS 313.254;

      (j) Knowledge of office business operations and best practices; or

      (k) Participation in dental association or society business meetings.

      (3) A minimum of ten (10) hours shall be taken in a live interactive presentation format.

      (4) A maximum of ten (10) hours total may be taken that meet the requirements of subsection (2)(i) - (k) of this section.

      (5) All continuing education hours shall be verified by the receipt of a certificate of completion or certificate of attendance bearing:

      (a) The signature of or verification by the provider;

      (b) The name of the licensee in attendance;

      (c) The title of the course or meeting attended or completed;

      (d) The date of attendance or completion;

      (e) The number of hours earned; and

      (f) Evidence of the method of delivery if the course was taken in a live interactive presentation format.

      (6) It shall be the sole responsibility of the individual licensee to obtain documentation from the provider or sponsoring organization verifying participation as established in subsection (5) of this section and to retain the documentation for a minimum of five (5) years.

      (7) At license renewal, each licensee shall attest to the fact that he or she has complied with the requirements of this section.

      (8) Each licensee shall be subject to audit of proof of continuing education compliance by the board.

 

      Section 10. Requirements for Renewal of a Dental License. (1) Each individual desiring renewal of an active dental license shall:

      (a) Submit a signed, completed[, signed, and notarized] Application for Renewal of Dental Licensure with an email contact address[and with an attached applicant photo taken within the past six (6) months];

      (b) Pay the fee required by 201 KAR 8:520;

      (c) Maintain with no more than a thirty (30) day lapse CPR certification that meets or exceeds the guidelines set forth by the American Heart Association unless a hardship waiver is submitted to and subsequently approved by the board;

      (d) Meet the requirements of KRS 214.615(1) regarding HIV/AIDS education for healthcare providers;

      (e) Obtain at least one and one-half (1.5) hours of continuing education in the use of the Kentucky All Schedule Prescription Electronic Reporting System, pain management, or addiction disorders per year or a total of three (3) hours in a two (2) year renewal cycle; and

      (f) Meet the continuing education requirements as outlined in Section 9 of this administrative regulation except in the following cases:

      1. If a hardship waiver has been submitted to and is subsequently approved by the board;

      2. If the licensee graduated in the first year of the renewal biennium, in which case the licensee shall complete one-half (1/2) of the hours as outlined in Section 9 of this administrative regulation; and

      3. If the licensee graduated in the second year of the renewal biennium, in which case the licensee shall not be required to complete the continuing education requirements outlined in Section 9 of this administrative regulation.

      (2) If a licensee has not actively practiced dentistry in the two (2) consecutive years preceding the filing of the renewal application, he or she shall complete and pass a board approved refresher course prior to resuming the active practice of dentistry.

 

      Section 11. Retirement of a License. (1) Each individual desiring retirement of a dental license shall submit a completed and signed Retirement of License Form.

      (2) Upon receipt of this form, the board shall send written confirmation of retirement to the address provided by the licensee on the Retirement of License form.

      (3) A licensee shall not retire a license that has a pending disciplinary action against it.

      (4) Each retirement shall be effective upon the processing of the completed and signed Retirement of License Form by the board.

 

      Section 12. Reinstatement of a License. (1) Each individual desiring reinstatement of a properly retired dental license shall:

      (a) Submit a completed, signed, and notarized Application to Reinstate a Dental License with an attached applicant photo taken within the past six (6) months;

      (b) Pay the fee required by 201 KAR 8:520;

      (c) Show proof of having current certification in CPR that meets or exceeds the guidelines set forth by the American Heart Association;

      (d) Provide verification within three (3) months of the date the application is received at the office of the board of any license to practice dentistry held previously or currently in any state or jurisdiction;

      (e) Submit to a nation-wide criminal background check by fingerprint through the Federal Bureau of Investigation or by the Department of Kentucky State Police; and

      (f) Provide a written explanation for any positive returns on a query of the National Practitioner Data Bank.

      (2) If an individual is reinstating a license that was retired within the two (2) consecutive years immediately preceding the filing of the reinstatement application, the individual shall provide proof of having met the continuing education requirements as outlined in Section 9 of this administrative regulation within those two (2) years.

      (3) If the applicant has not actively practiced dentistry in the two (2) consecutive years immediately preceding the filing of the reinstatement application, the applicant shall complete and pass a refresher course approved by the board.

      (4) If a license is reinstated in the first year of a renewal biennium, the licensee shall complete all of the continuing education requirements as outlined in Section 9 of this administrative regulation prior to the renewal of the license.

      (5) If a license is reinstated in the second year of a renewal biennium, the licensee shall complete one-half (1/2) of the hours as outlined in Section 9 of this administrative regulation prior to the renewal of the license.

 

      Section 13. Requirements for Verification of Licensure. Each individual desiring verification of a dental license shall:

      (1) Submit a signed and completed Verification of Licensure or Registration Form; and

      (2) Pay the fee required by 201 KAR 8:520.

 

      Section 14. Requesting a Duplicate License. Each individual desiring a duplicate dental license shall:

      (1) Submit a signed and completed Duplicate License or Registration Request Form; and

      (2) Pay the fee required by 201 KAR 8:520.

 

      Section 15. Issuance of Initial Licensure. If an applicant has completed all of the requirements for licensure within six (6) months of the date the application was received at the office of the board, the board shall:

      (1) Issue a license in sequential numerical order; or

      (2) Deny licensure due to a violation of KRS Chapter 313 or 201 KAR Chapter 8.

 

      Section 16. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Application for Dental Licensure", July 2010;

      (b) "Statement Regarding Student Licensure Limitations", July 2010;

      (c) "Statement Regarding Faculty Licensure Limitations", July 2010;

      (d) "Application for Charitable Dental Licensure," March 2011;

      (e) "Application for Specialty Licensure", July 2010;

      (f) "Application for Renewal of Dental Licensure", January 2011;

      (g) "Retirement of License Form", July 2010;

      (h) "Application to Reinstate a Dental License", July 2010;

      (i) "Verification of Licensure or Registration Form", July 2010;

      (j) "Duplicate License or Registration Request Form", July 2010; and

      (k) "American Heart Association CPR Guidelines", 2010.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Dentistry, 312 Whittington Parkway, Suite 101, Louisville, Kentucky 40222, Monday through Friday, 8 a.m. through 4:30 p.m. This material is also available on the board’s Web site at http://dentistry.ky.gov.

 

DR. JASON E. FORD, DMD, Board President

      APPROVED BY AGENCY: March 8, 2014

      FILED WITH LRC: March 13, 2014 at 2 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Friday, April 21, 2014, at 9:00 a.m. at the office of the Board of Dentistry, 312 Whittington Parkway, Suite 101, Louisville, Kentucky 40222. Individuals interested in being heard at this hearing shall notify this agency in writing no later than five (5) work days prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the emergency administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the emergency administrative regulation. Written comments shall be accepted until April 30, 2014. Send written notification of intent to be heard at the public hearing or written comments on the administrative regulation to the contact person.

      CONTACT PERSON: David J. Beyer, Executive Director, Board of Dentistry, 312 Whittington Parkway, Suite 101, Louisville, Kentucky 40222, phone (502) 429-7280, fax (502) 429-7282,

email david.beyer@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: David J. Beyer

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes requirements and procedures for the licensure of dentists as mandated by KRS 313.035.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to implement KRS 313.035, which requires the board to promulgate administrative regulations regarding the licensure of dentists.

      (c) How this administrative regulation conforms to the content of the authorizing statute: This administrative regulation provides information necessary about the classification of and licensure of dentists, by examination or credentials, the licensure of specialists, student limited licenses, faculty limited licenses, reciprocity, retirement of a license, reinstatement of a license, charity licenses and renewal programs as required by KRS 313.035.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation sets out the procedure for the licensure of dentists, by examination or credentials, the licensure of specialists, student limited licenses, faculty limited licenses, reciprocity, retirement of a license, reinstatement of a license, charity licenses and renewal programs as required by KRS 313.035.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: The reference to a "nationalized clinical examination" is being removed from Section 2 as a "nationalized clinical examination" currently does not exist as was anticipated when this regulation was originally enacted. The requirement for a "notarized" application and a "photo taken within the past six (6) months" is being deleted as it is no longer necessary.

      (b) The necessity of the amendment to this administrative regulation: See (a) above.

      (c) How the amendment conforms to the content of the authorizing statute: This administrative regulation establishes requirements and procedures for the licensure of dentists as mandated by KRS 313.035.

      (d) How the amendment will assist in the effective administration of the statutes: Removes a mandate this is impossible to fulfill as a "nationalized clinical examination" currently does not exist as was anticipated when this regulation was originally enacted. Moreover, the amendment removes an unnecessary administrative burden by removing the requirement for a "notarized" application and a "photo taken within the past six (6) months."

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation will impact 3,119 currently licensed dentists and approximately 125 new applicants per year. Additionally, the Kentucky Board of Dentistry will be affected by this administrative regulation.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: There are no new actions for licensees to take in order to comply with this administrative regulation. The Kentucky Board of Dentistry is charged by KRS 313.035 to regulate the practice of dentistry in the Commonwealth.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): From 201 KAR 8:520E:

      1. There will be no additional costs to licensees. The initial licensure fee for a general dental license applied for in a non-renewal year will remain the same as it has been under the current regulation which is $325.

      2. There will be no additional costs to licensees. The initial licensure fee for a general dental license applied for in a renewal year will remain the same as it has been under the current regulation which is $175.

      3. There will be no additional costs to licensees. The renewal fee for a general dental license appropriately renewed on or before the expiration of the license will remain the same as it has been under the current regulation which is $295.

      4. The renewal reinstatement fee for a general dental license renewed between January 1 and January 15 of the year following the expiration of the license will remain the same as it has been under the current regulation which is $280 in addition to the renewal fee.

      5. There will be no additional costs to licensees. The renewal reinstatement fee for a general dental license renewed between January 16 and January 31 of the year following the expiration of the license will remain the same as it has been under the current regulation which is $560 in addition to the renewal fee.

      6. There will be no additional costs to licensees The renewal reinstatement fee for a general dental license renewed on or after February 1 of the year following the expiration of the license will remain the same as it has been under the current regulation which is $1,120 in addition to the renewal fee.

      7. There will be no additional costs to licensees. The initial fee for a dental anesthesia or sedation permit will remain the same as it has been under the current regulation which is $250.

      8. There will be no additional costs to licensees. The renewal fee for a dental anesthesia or sedation permit will remain the same as it has been under the current regulation which is seventy-five (75) dollars and is in addition to the renewal fee for a general dental license.

      9. There will be no additional costs to licensees. The initial fee for an anesthesia or sedation facility certificate will remain the same as it has been under the current regulation which is $250.

      10. The renewal fee for an anesthesia or sedation facility certificate will remain the same as it has been under the current regulation which is seventy-five (75) dollars.

      11. There will be no additional costs to licensees. The specialty license application fee will remain the same as it has been under the current regulation which is $100.

      12. There will be no additional costs to licensees The specialty license renewal fee will remain the same as it has been under the current regulation which is fifty (50) dollars and is in addition to the renewal fee for a general dental license.

      13. There will be no additional costs to licensees .The fee for reinstatement of a properly retired general dental license will remain the same as it has been under the current regulation which is $350.

      14. There will be no additional costs to licensees. The fee for reinstatement of a properly retired specialty license will remain the same as it has been under the current regulation which is fifty (50) dollars and is in addition to the renewal fee for a general dental license. The board is a self-funded agency whose budget was approved in HB 265 of the Regular Session of the General Assembly. HB 265 provided for FY 2012 – 2013 an allotment of $753,000 and for FY 2013 – 2014 and allotment of $760,900. The Kentucky Board of Dentistry receives no monies from the General Fund.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The Kentucky Board of Dentistry is the regulatory agency and accrues no benefits from the regulations but rather provides enforcement of the chapter and processes for its licensees to legally practice dentistry in the Commonwealth.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation: The board is a self-funded agency whose budget was approved in HB 265 of the Regular Session of the General Assembly. HB 265 provided for FY 2012 – 2013 an allotment of $753,000 and for FY 2013 – 2014 and allotment of $760,900. The Kentucky Board of Dentistry receives no monies from the General Fund.

      (a) Initially: No additional costs are expected.

      (b) On a continuing basis: No additional costs are expected.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The implementation and enforcement of this regulation are fully funded by licensing fees paid by dentists as part of compliance with this regulation.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: The fees found in 201 KAR 8:520 make the agency financially solvent.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This administrative regulation does not establish fees or directly or indirectly increase any fees.

      (9) TIERING: Is tiering applied? This administrative regulation applies tiering by identifying each classification of licensure available to dentists in the Commonwealth of Kentucky. General dental licenses are the standard, full license type available, and applicants are therefore subject to the full complement of requirements. Reporting requirements are reduced for student, faculty, and charitable limited license applicants as they are subject to restrictions of practice. Specialty license holders are subject to additional reporting requirements as they hold a more advanced license than general dentists.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky Board of Dentistry is the only state government entity which will be impacted by this regulation.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. 2010 Ky. Acts ch. 85

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. There will be no new net fiscal effect on the Kentucky Board of Dentistry as the agency is a fully self- funded agency and receives no general fund dollars.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? Compliance with this regulation will provide the agency with enough money to meets its budgetary obligations as set forth in HB 265 of the Regular Session of the General Assembly.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? Compliance with this regulation will provide the agency with enough money to meets its budgetary obligations as set forth in HB 265 of the Regular Session of the General Assembly.

      (c) How much will it cost to administer this program for the first year? The board is a self-funded agency whose budget was approved in HB 265 of the Regular Session of the General Assembly. HB 265 provided for FY 2012 – 2013 an allotment of $753,000 and for FY 2013 – 2014 and allotment of $760,900. The Kentucky Board of Dentistry receives no monies from the General Fund.

      (d) How much will it cost to administer this program for subsequent years? The board is a self-funded agency whose budget was approved in HB 265 of the Regular Session of the General Assembly. HB 265 provided for FY 2012 – 2013 an allotment of $753,000 and for FY 2013 – 2014 and allotment of $760,900. The Kentucky Board of Dentistry receives no monies from the General Fund.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: