SB 382 — Disaster Relief-3/Budget/Various Law Changes.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 21 SENATE BILL 382 House Committee Substitute Favorable 6/14/23 Short Title:

Senators Perry, Corbin, and Johnson (Primary Sponsors).

Rules and Operations of the Senate March 29, 2023 A BILL TO BE ENTITLED AN ACT MAKING VARIOUS CHANGES TO THE LAWS OF DENTISTRY.

*S382-v-2**S382-v-1* General Assembly Of North Carolina Session 2023 The applicant for a license to practice dentistry shall be of good moral character, at least 18 years of age at the time the application is filed.

students at long-term care facilities, group care home programs, State-operated facilities with resident populations, hospitals, State or county health departments, Area Health Education Centers, Federally Qualified Health Centers, and other nonprofit healthcare organizations recommended by the State Health Director or the State Health Director's designee, and subject to review and approval or disapproval bytheby the said Board of Dental Examiners when in the opinion of the dean of such dental school or college or his designee, the students' dental education and experience are adequate therefor, and such practice is a part of the course of instruction of such students, is performed under the direct supervision of a duly licensed Page 2 Senate Bill 382-Second Edition General Assembly Of North Carolina Session 2023 dentist acting as a teacher or instructor, and is without remuneration except for expenses and subsistence all as defined and permitted by the rules and regulations of said Board of Dental Examiners.

Should the Board disapprove a specific program, the Board shall within 90 days inform the dean of its actions.Nothinghereinshallbeconstruedtopermittheteachingof,delegationactions. to or performance by any dental hygienist, dental assistant, or other auxiliary relative to any program of extramural rotation, of any function not heretofore permitted by the Dental Practice Act, the Dental Hygiene Act or by the rules and regulations of the Board;Board.

StudentsNothing enrolledherein inshall dentalbe schoolsconstrued orto collegespermit locatedthe out-of-statePage and2 approvedSenate byBill the382-First BoardEdition mayGeneral performAssembly clinicalOf servicesNorth andCarolina otherSession services2023 consistentteaching withof, thisdelegation subdivisionto asor internsperformance orby externs,any ifdental thehygienist, studentdental submitsassistant, toor theother Boardauxiliary writtenrelative permissionto fromany theprogram deanof extramural rotation, of theirany dentalfunction schoolnot orheretofore collegepermitted andby athe writtenDental supervisionPractice agreementAct, withthe aDental dentistHygiene licensedAct toor practiceby dentistrythe inrules thisand State;regulations of the Board;Board.

Students enrolled in dental schools or colleges located out-of-state and approved bythe Board may perform clinical services and other services consistent with this subdivision as interns or externs, if the student submits to the Board written permission from the dean of their dental school or college and a written supervision agreement with a dentist licensed to practice dentistry in this State;

Any applicant who applies for a license bycredentials in accordance with subdivision (b1)(2) of this section shall meet the requirements of subsections (c) and (d) of this section and shall have passed satisfactory examinations of proficiency in the knowledge and practice of dentistry as set Senate Bill 382-Second Edition Page 3 General Assembly Of North Carolina Session 2023 out in subsection (a) of this section.has held an Instructor's License pursuant to G.S.

The applicant applying for a license by credentials in accordance with this subsection must have been engaged in the teaching and practice of clinical dentistry for a minimum of 2,000 hours in the two years Senate Bill 382-First Edition Page 3 General Assembly Of North Carolina Session 2023 immediately preceding the date of application.

Failure to comply with an order pursuant to this subsection may be considered unprofessional conduct;conduct under subdivision (26) of this subsection;

… Page 4 Senate Bill 382-Second Edition General Assembly Of North Carolina Session 2023 (26) Has engaged in any unprofessional conduct as the same may be, from time to time, defined by the rules and regulations of the Board;

…." SECTIONPage 1.(g)4 G.S.Senate Bill 382-First Edition General Assembly Of North Carolina Session 2023 SECTION 2.

90-229 reads as rewritten:

"§ 90-229.

Disciplinary measures.

(a) The North Carolina State Board of Dental Examiners shall have the power and authorityto(i)Refusetoissuealicensetopracticedentalhygiene;(ii)Refusetoissueacertificate ofrenewal topracticedentalhygiene;

(iii)Revoke orsuspendalicenseto practicedentalhygiene;

[and] (iv) Invoke such other disciplinary measures, censure or probative terms against a licensee as it deems proper;

in any instance or instances in which the Board is satisfied that such applicant or licensee:

… (14) Is unable to practice dental hygiene with reasonable skill and safetyto patients by reason of illness, drunkenness, excessive use of alcohol, drugs, chemicals, or any other type of material or by reason of any physical or mental abnormality.

The Board is empowered and authorized to require an applicant or licensee to submit to a mental or physical examination by physicians or physician assistants, or mental examinations by other licensed health care providers acting within the scope of their practice as allowed by law designated by the Board during the pendency of a license application and before or after charges may be presented against the applicant or licensee, and the results of the examination shall be admissible in evidence in a hearing before the Board.

Failure to comply with an order pursuant to this subsection may be considered unprofessional conduct.

…." SECTION 2.

G.S.

90-414.4 reads as rewritten:

"§ 90-414.4.

Required participation in HIE Network for some providers.

… (a1) Mandatory Connection to HIE Network.

– Notwithstanding the voluntary nature of the HIE Network under G.S.

90-414.2, the following providers and entities shall be connected to the HIE Network and begin submitting data through the HIE Network pertaining to services rendered to Medicaid beneficiaries and to other State-funded health care program beneficiaries and paid for with Medicaid or other State-funded health care funds in accordance with the following time line:

… (4) The following entities shall begin submitting demographic and clinical data by January 1, 2023:

a.

Physicians who perform procedures at ambulatory surgical centers as defined in G.S.

131E-146.

b.

Dentists licensedunderArticle2ofChapter90oftheGeneral Statutes.

c.

Licensed physicians whose primary area of practice is psychiatry.

d.