2014 Kentucky Revised Statutes
CHAPTER 313 - DENTISTS AND DENTAL SPECIALISTS
313.060 Administrative regulations governing minimal requirements for documentation, oath for disease control compliance, sedation of patients, and compliance with federal statutes and regulations -- Death or incapacity of dentist -- Telehealth -- Continuing education.
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<![CDATA[313.060 Administrative regulations governing minimal requirements for
documentation, oath for disease control compliance, sedation of patients,
and compliance with federal statutes and regulations -- Death or
incapacity of dentist -- Telehealth -- Continuing education.
(1)
(2)
(3)
(4)
(5)
(6)
The board shall promulgate administrative regulations in accordance with KRS
Chapter 13A relating to dental practices which shall include minimal
requirements for documentation, Centers for Disease Control compliance,
conscious sedation of patients, compliance with federal controlled substances
regulations, and any applicable federal statute or regulation.
Any person practicing or offering to practice dentistry or dental surgery shall
practice under his or her own name or the name of a deceased or
incapacitated dentist for whom the person practicing dentistry has contracted to
perform continuing operations.
No person shall conduct a dental office in his or her name nor advertise his or
her name in connection with any dental office unless he or she personally
performs services as a dentist or dental surgeon in such office or personally
supervises such services as are performed in such office during a portion of
the time such office is operated by him or her only, and shall not use his or her
name in connection with that of any other dentist, except as provided for
deceased or incapacitated dentists in subsection (4) of this section.
The executor or administrator of a deceased dentist's estate, or the legal
guardian or authorized representative of a dentist who has become
incapacitated, may contract with another dentist or dentists to continue the
operations of the deceased or incapacitated dentist's practice if the practice of
the deceased or incapacitated dentist is a:
(a) Sole proprietorship;
(b) Corporation in which the deceased or incapacitated dentist is the sole
shareholder; or
(c) Limited liability company in which the deceased or incapacitated dentist is
the sole member.
Contracts to continue the operations of a deceased or incapacitated dentist's
practice may extend until the practice is sold.
Prior to contracting with another dentist or dentists to continue operations of a
deceased or incapacitated dentist's practice, the executor, administrator,
guardian, or authorized representative shall file a notification of intent to
contract for continuation of practice with the board on a form prescribed by the
board. The notification shall include the following information:
(a) The name and license number of the deceased or incapacitated dentist;
(b) The name and address of the dental practice;
(c) The name, address, and tax identification number of the estate;
(d) The name and license number of each dentist who will provide services in
the dental practice;
(e) An affirmation, under penalty of perjury, that the information provided is
true and correct and that the executor, administrator, guardian, or
authorized representative understands that any interference by the
executor, administrator, guardian, or authorized representative, or any
agent or assignee of the executor, administrator, guardian, or authorized
representative, with the contracting dentist's or dentists' practice of
dentistry or professional judgment or any other violation of this chapter is
grounds for an immediate termination of the operations of the dental
practice; and
(f) Any other information the board deems necessary for the administration
of this chapter.
(7) Within thirty (30) days after the death or incapacitation of a dentist, the
executor, administrator, guardian, or authorized representative shall send
notification of the death or incapacitation by mail to the last known address of
each patient of record that has received treatment by the deceased or
incapacitated dentist within the previous twelve (12) months, with an
explanation of how copies of the practitioner's records may be obtained. This
notice may also contain any other relevant information concerning the
continuation of dental practice.
(8) A treating dentist who provides or facilitates the use of telehealth shall ensure:
(a) That the informed consent of the patient, or another appropriate person
with authority to make the health care treatment decision for the patient, is
obtained before services are provided through telehealth; and
(b) That the confidentiality of the patient's medical information is maintained
as required by this chapter and other applicable law. At a minimum,
confidentiality shall be maintained through appropriate processes,
practices, and technology as designated by the board and that conform to
applicable federal law.
(9) The board shall promulgate administrative regulations in accordance with KRS
Chapter 13A to implement this section and as necessary to:
(a) Prevent abuse and fraud through the use of telehealth services;
(b) Prevent fee-splitting through the use of telehealth services; and
(c) Utilize telehealth in the provision of dental services and in the provision of
continuing education.
(10) A licensed dentist may delegate to a licensed dental hygienist the
administration of block and infiltration anesthesia and nitrous oxide analgesia
under the direct supervision of a dentist if the dental hygienist completes the
following requirements and receives a certificate of verification from the board:
(a) Formal training from a dental or dental hygiene school accredited by the
Commission on Dental Accreditation;
(b) A minimum of thirty-two (32) hours covering all of the following topics,
including but not limited to anatomical considerations, basic injunction
technique, basic placement technique, nitrous oxide administration,
recordkeeping, armamentarium exercise, local anesthesia and nitrous
oxide, techniques of maxillary anesthesia, techniques of mandibular
injections, partner injections and partner administration of nitrous oxide,
neurophysiology, pharmacology of local anesthetics and nitrous oxide,
pharmacology of vasoconstrictors, physical and psychological evaluation,
local and systemic complications, and contraindications;
(c)
A minimum of two (2) hours of clinical education for nitrous oxide
administration with successful completion of administration, monitoring,
and removal of nitrous oxide on at least two (2) patients;
(d) A minimum of twelve (12) hours demonstrating mastery of local
anesthesia applications and successful completion of at least three (3)
injections each of all maxillary and mandibular injection sites; and
(e) A score that exceeds seventy-four percent (74%) on a written
examination administered after coursework and clinical training.
(11) The board shall approve all continuing education courses and require them for
individuals holding anesthesia registration for over one (1) year without
practical application. The courses shall be developed and implemented by
dental education institutions accredited by the Commission on Dental
Accreditation.
Effective:July 15, 2010
History: Repealed and reenacted 2010 Ky. Acts ch. 85, sec. 10, effective July 15,
2010. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. sec. 2636-10.
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