Relating to the practice of dentistry and dental hygiene; to amend Sections 34-9-1, 34-9-5, 34-9-10, 34-9-1...
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HB 285 — Relating to the practice of dentistry and dental hygiene; to amend Sections 34-9-1, 34-9-5, 34-9-10, 34-9-11, 34-9-15, 34-9-26, 34-9-27, 34-9-43, 34-9-60, 34-9-63, and 34-9-86, Code of Alabama 1975; to further provide for penalties for violations; and qualifications for licensure and administration of controlled substances by dentists and dental hygienists.
Last action — Enacted as 2023-362
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced April 11, 2023. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 4 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Board of dental examiners, dentists and dental hygienists, revises licensure and fee requirements , qualifications for administering controlled substances to patients,
Bill Text
What changed in the latest version
826 added · 825 removedPlain-language change summary
The recently passed HB 285 makes some important updates to the regulations governing dentistry and dental hygiene in Alabama. Specifically, it clarifies the definitions related to administering controlled substances and includes provisions for penalties for violations. These changes aim to ensure that dentists and dental hygienists meet appropriate standards for licensure and safe practice, ultimately enhancing patient care and safety.
HB285 ENGROSSEDENROLLED PZ5TGR-2PZ5TGR-3 By Representative Lipscomb RFD:
11-Apr-23 2023 Regular Session Page 0 HB285 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 9 Relating to the practice of dentistry and dental hygiene;
The documentary evidence that the board has renewed the authority of the licensee to Page 1 HB285 Engrossed practice dentistry or dental hygiene in this state.
When used in reference to a controlled Page 1 HB285 Enrolled substance, the delivery of a controlled substance to a patient by a dentist, including the prescribing and administering of a controlled substance.
Page 2 HB285 Engrossed (8)(10) LICENSED DENTIST.
The elimination of sensations, especially pain in one part of the body by topical Page 2 HB285 Enrolled application or regional injection of a drug.
The rendering of treatment to a patient located within this state by a dentist located outside this state as a result of transmission of individual patient data by Page 3 HB285 Engrossed electronic or other means from this state to the dentist or his or her agent.
Page 3 HB285 Enrolled b.
This definition is not intended to include an informal consultation between a licensed dentist located in this state and a dentist located outside this state provided that the consultation is conducted without compensation or the 95 expectation of compensation to either dentist, and does not result in the formal rendering of a written or otherwise documented professional opinion concerning the diagnosis or treatment of a patient by the dentist located outside the state.
A technician 95 employed by a dentist or group of dentists for a specified salary.
A depressed level of consciousness that retains the patient's ability to independently and continuously maintain an airway and respond appropriately to physical stimulation or verbal command, produced by a pharmacologic method." "§34-9-5 Any person individual who shall engage engages in the practice of dentistry across state lines or practice dentistry or dental hygiene in this state within the meaning of this chapter without having first obtained from the board a license Page 4 HB285 Engrossed and an annual registration certificate, when the certificate is required by this chapter, or who violates this chapter, or who willfully violates any published rule or regulation of the board, or who does any act described in this chapter as unlawful, the penalty for which is not herein specifically provided, to practice dentistry shall be guilty of a Page 4 HB285 Enrolled misdemeanor and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000) for each offense, to be fixed by the court trying the case, and in addition thereto may be, in the discretion of the court, sentenced to hard labor for the county for a period not to exceed 12 months Class C felony and shall be punished as prescribed by law." "§34-9-10 (a)(1) Every person individual who desires to practice dentistry within the State of Alabama shall file an application accompanied by the appropriate fee prescribed by the board.
(2) Notwithstanding the any particular requirement or method of obtaining licensure or any particular requirement set forth herein, every person as a prerequisite to licensure applicant shall be at least 19 years of age, of good moral character, a citizen of the United States or, if not a citizen of the United States, a person an individual who is legally present in the United States with appropriate documentation from the federal government, and a graduate of a dental school or college accredited by the American Dental Association Commission on Dental Accreditation and approved by the board, and shall satisfy any other requirement set forth in any rule Page 5 HB285 Engrossed adopted by the board.
(3) The board may issue a license to practice dentistry to any applicant who meets the licensure requirements set forth in this chapter and the applicable rules of the board, and may refrain from issuing a license to any applicant if the board determines that doing so would be inconsistent with the Page 5 HB285 Enrolled public interest and the promotion of public health and safety.
(c) Any individual applicant who possesses a current license in any state, who has passed an examination approved by the board and who has, since graduation from dental or dental hygiene school, practiced or participated in a clinical residency or practiced dentistry or dental hygiene in the Armed Forces or with the public health service shall be Page 6 HB285 Engrossed eligible for licensure if an his or her application is received by the board within five years of the completion of the subject residency or Armed Forces or public health service commitment.
(d) Licensure by credentials may be utilized to Page 6 HB285 Enrolled evaluate the theoretical knowledge and clinical skill of a dentist or dental hygienist when an applicant for licensure by credentials holds a dental or dental hygiene license in another state.
Page 7 HB285 Engrossed (4) The dentist or dental hygienist shall Is not be the subject of a pending disciplinary action in any state in which the individual he or she has been licensed which shall beas verified by a query to the National Practitioner Data Bank, the Health Integrity Protection Data Bank, the American Association of Dental Boards Clearing House for Disciplinary Page 7 HB285 Enrolled Information, or any other pertinent bank currently existing or which may exist in the future.
The dental hygiene applicant shall submit Submits affidavits as a dental hygienist applicant from two licensed dentists or two licensed dental hygienists, or any combination of two thereof, practicing in the same geographical area where Page 8 HB285 Engrossed the applicant he or she is then practicing or teaching, attesting to the his or her moral character, standing, and ability of the applicant.
(9) The applicant shall provide Provides the board with an official transcript with school seal from the school of dentistry or school of dental hygiene which that issued the Page 8 HB285 Enrolled applicant's his or her professional degree, or execute executes a request and authorization allowing the board to obtain the transcript.
Background checks for criminal or fraudulent Page 9 HB285 Engrossed activities.
Page 9 HB285 Enrolled h.
Provided, however, that any discipline that results only from a failure to timely renew a registration or permit shall not prevent an applicant him or her from being eligible for this Page 10 HB285 Engrossed method of licensure.
Page 10 HB285 Enrolled (15)(f) In addition to the requirements for applicants seeking licensure by credentials, an applicant desiring to practice a specialty only shall satisfy the following requirements:
However, if the applicant has passed a general dentistry examination or has holds a general dentistry Page 11 HB285 Engrossed license, was practicing practices a specialty, and then decides not to continue that specialty and but to practice only general dentistry, the applicant is eligible for licensure by credentials as a general dentist.
(e)(g)(1) Notwithstanding the provisions of subsection (a), the board shall issue a special purpose license to Page 11 HB285 Enrolled practice dentistry across state lines to an applicant who has met the following requirements:
(f)(2) A special purpose license issued by the board to practice dentistry across state lines limits the licensee Page 12 HB285 Engrossed solely to the practice of dentistry across state lines.
Failure to renew a license according to the renewal schedule established by the board shall cause Page 12 HB285 Enrolled the special purpose license to be inactive.
It is the stated intent of this section that dentists who hold a full and current license authorizing him or her to practice in the State of Alabama shall be afforded the opportunity to obtain, on a reciprocal basis, a reciprocal license to practice dentistry across state lines in any other state or territory of the United States as a precondition to the issuance of a special purpose license as authorized by this section to a dentist Page 13 HB285 Engrossed licensed in the other state or territory.
(h) Any individual applicant who does not qualify for licensure pursuant to any of the above subsections but who has Page 13 HB285 Enrolled passed an out-of-state examination approved by the board and possesses a current license in good standing authorizing the applicant to practice in the state of issuance another state is eligible to apply for licensure upon payment of a fee established by the board.
It is provided Provided, however, that the board may recognize any written parts of an examination given Page 14 HB285 Engrossed by the Joint Commission on National Dental Examinations in lieu of such or subject to the board examinations or subject to such examinations as the board may approve.
Those found qualified by the board, consistent with Section 34-9-10(a), shall be granted a license and a license certificate which shall bear a serial number, the full name of the licensee, the Page 14 HB285 Enrolled date of issuance, and the seal of the board, and shall be signed by each member of the board." "§34-9-15 (a) No person individual shall practice dentistry or dental hygiene in the State of Alabama unless licensed or permitted by the board and registered annually as required by this chapter.
(2) On or before October 1 of each year, every dentist and dental hygienist licensed or permitted to practice dentistry or dental hygiene in the state shall transmit either online or by United States mail to the secretary-treasurer of Page 15 HB285 Engrossed the board the completed form prescribed by the board, together with a fee established by the board pursuant to this chapter, and receive thereafter the current annual registration certificate authorizing him or her to continue the practice of dentistry or dental hygiene in the state for a period of one year.
Notwithstanding Section 34-9-16, the total amount of any Page 15 HB285 Enrolled administrative fines and costs assessed upon the licensee pursuant to Section 34-9-18 in a final and non-appealable order or agreement shall be added to and made a part of the fee.
(2) Upon failure of any licensee or permittee to file application for the annual registration certificate and pay the annual registration fee on or before November 30, each year, the board shall notify the licensee or permittee by mail addressed to the last address of record that the application and fee have not been received and that, unless the application and fee are received on or before the first day of Page 16 HB285 Engrossed January, the license or permit shall be automatically suspended.
(d)(1) The board shall waive the annual payment of fees Page 16 HB285 Enrolled herein provided for and issue a current annual registration certificate to any licensee or permittee who, because of age or physical disability, has retired from the practice of dentistry or dental hygiene because of age or physical disabilityor who is suffering a malady of a lingering or permanent nature.
After that date, the The successful completion of continuing education program requirements shall be a requisite for renewal of licenses and permits issued pursuant to this chapter." "§34-9-26 (a)(1) No person individual shall practice as a dental hygienist in this state until such person has passed an Page 17 HB285 Engrossed examination given by the board or approved by the board, or both, under rules and regulations as the board may promulgate and the payment of a fee he or she is duly licensed and currently registered as a dental hygienist pursuant to this chapter.
(b) The board shall may issue licenses and license Page 17 HB285 Enrolled certificates to practice as dental hygienists to those personsapplicants who have passed the examination and have been found qualified by the board.
(1) shall be a graduate of Has graduated from a school of dental hygiene which has been approved by the board., or in lieu thereof, shall have (2) Has served as a dental assistant for a period of time established by board rule and shall have served at least one year as a dental hygienist trainee under a training permit issued by the board to a qualified dentist practicing in this Page 18 HB285 Engrossed state in accordance with the dental hygienist training program established by the board.
(f) Any person practicing in violation of this section shall be guilty of a misdemeanor, and the board may impose the penalties outlined in Section 34-9-18 for such violation." "§34-9-27 Page 18 HB285 Enrolled (a) A dental hygienist Dental hygienists shall work only under the direct supervision of a duly licensed dentist practicing in this state.
(c) The board may impose any of the penalties outlined in Section 34-9-18 against any dentist who shall permit any dental hygienist working under his or her supervision to perform any operation other than those permitted under this section, and may impose the penalties outlined in Section 34-9-18 against any dental hygienist who shall perform performs any operation other than those permitted under this section." "§34-9-43 (a) The board shall exercise, subject to this chapter, Page 19 HB285 Engrossed the following powers and duties:
(3) Conduct or participate in examinations to ascertain Page 19 HB285 Enrolled the qualification and fitness of applicants for licenses as dentists and dental hygienists.
Show all 58 changed lines (18 more)
Employ an attorney or attorneys, subject to the Page 20 HB285 Engrossed approval of the Attorney General, to advise and assist in the carrying out and enforcing of the provisions of this chapter.
Provided, however, that if the board contracts with an outside attorney to be general counsel to the board, that attorney or any member of a law firm with which he or she is associated shall not function as the board's prosecutor at disciplinary Page 20 HB285 Enrolled hearings.
(12) Attend meetings, seminars, workshops, or events Page 21 HB285 Engrossed that may improve the function and efficiency of the board or improve the ability of the board to enforce and administer this chapter.
The board Page 21 HB285 Enrolled may adopt rules for the purpose of establishing additional ethical guidelines." "§34-9-60 Any person individual licensed or permitted to practice dentistry in the State of Alabama shall be authorized to use anesthesia in accordance with the provisions of this section.all of the following:
Has completed a minimum of one year of advanced training in anesthesiology and related academic subjects (or its equivalent) beyond the undergraduate dental school level in a training program as described in Part II of the Page 22 HB285 Engrossed guidelines for teaching the comprehensive control of pain and anxiety in dentistry;
Is a diplomate of the American Board of Oral and Maxillofacial Surgery, or is eligible for examination by the American Board of Oral and Maxillofacial Surgery, or is a member of the American Association of Oral and Maxillofacial Page 22 HB285 Enrolled Surgeons;
Prior to the issuance of suchthe permit, the Board of Dental Examinersboard, at its discretion, may require an on-site inspection of the facility, equipment, and personnel Page 23 HB285 Engrossed to determine if, in fact, the aforementioned requirements in paragraph a.
These examiners shall be dentists who are authorized to administer general Page 23 HB285 Enrolled anesthesiaThe team of examiners shall consist of at least one licensed dentist who holds a general anesthesia permit and at least two other persons as prescribed by the board pursuant to its rules.
(4) Each dentist who has not been using general anesthesia prior to May 29, 1985, may be granted by the board a temporary provisional permit based on the applicant's Page 24 HB285 Engrossed producing evidence that he or she has complied with paragraph a.
of subdivision (2) of this section." "§34-9-63 Page 24 HB285 Enrolled (a) The issuance of a permit for general anesthesia shall include the privilege of administering parenteral sedation in accordance with this section.
Page 25 HB285 Engrossed 3.c.
The Page 25 HB285 Enrolled certification of the formal training shall specify the total number of hours, the number of didactic hours, and the number of patient contact hours.
If he or she meets the requirements of this section, or currently holds a valid Page 26 HB285 Engrossed intravenous sedation permit, he or she shall be issued such a permit subject to all renewal and regulatory requirements of Section 34-9-64.
of subdivision (1) of this sectionsubdivision (b)(2), or does not currently hold a valid intravenous sedation permit, he or she may be entitled to a Page 26 HB285 Enrolled "parenteral sedation permit" if the applicant passes, to the satisfaction of the board, an on-site inspection to the board's satisfaction.
(3) A dentist utilizing parenteral sedation and the auxiliary personnel of the dentist shall be currently certified in cardiopulmonary resuscitation and the dentist shall be trained in advanced cardiac life support(d) A dentist utilizing parenteral sedation shall have successfully completed training in Advanced Cardiovascular Life Support Page 27 HB285 Engrossed (ACLS), and his or her auxiliary personnel shall have successfully completed training in Basic Life Support (BLS).
(4)(e) Each dentist who has not been using parenteral sedation, pending complete processing of an application and a thorough on-site evaluation, may be granted one temporary provisional permit by the board at a time, if the applicant Page 27 HB285 Enrolled produces evidence that he or she has complied with this section." "§34-9-86 The board, prior Prior to issuance of a permit for oral conscious sedation, the board may require an on-site inspection of the personnel, the facility, and the equipment to determine if the requirements of this article have been met.
Page 28 HB285 EngrossedEnrolled House________________________________________________ Speaker of Representativesthe ReadHouse forof theRepresentatives first________________________________________________ timePresident and referredPresiding ................11-Apr-23Officer toof the Senate House of Representatives committeeI onhereby Boards,certify Agenciesthat andthe Commissionswithin ReadAct fororiginated thein second time and placedwas ................11-May-23passed onby the calendar:House 18-May-23, as amended.
amendment Read for the third time and passed ................18-May-23 as amended Yeas 100 Nays 0 Abstains 4 John Treadwell Clerk Senate 25-May-23 Passed Page 29
Show all 58 changed rows (18 more)
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill updates various definitions and licensure requirements in the practice of dentistry and dental hygiene in Alabama, while also modifying penalties for violations.
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§34-9-1
(1) ADMINISTER. When used in reference to a controlled substance, the direct application of a controlled substance to the body of a patient by a dentist, by injection, inhalation, ingestion, or other means.→ (1) ADMINISTER. When used in reference to a controlled substance, the direct application of a controlled substance to the body of a patient by a dentist, by injection, inhalation, ingestion, or other means.This change does not alter the definition, as the text for the term 'ADMINISTER' is repeated.
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§34-9-1
(12) PRACTICE OF DENTISTRY ACROSS STATE LINES.→ (14) PRACTICE OF DENTISTRY ACROSS STATE LINES.This change renumbers the definition for clarity as it is moved from (12) to (14).
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§34-9-5
Any person individual who shall engage engages in the practice of dentistry across state lines or practice dentistry or dental hygiene in this state within the meaning of this chapter without having first obtained from the board a license and an annual registration certificate, when the certificate is required by this chapter, or who violates this chapter, or who willfully violates any published rule or regulation of the board, or who does any act described in this chapter as unlawful, the penalty for which is not herein specifically provided, to practice dentistry shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000) for each offense, to be fixed by the court trying the case, and in addition thereto may be, in the discretion of the court, sentenced to hard labor for the county for a period not to exceed 12 months Class C felony and shall be punished as prescribed by law.→ Any individual who shall engage in the practice of dentistry across state lines or practice dentistry or dental hygiene in this state within the meaning of this chapter without having first obtained from the board a license and an annual registration certificate, when the certificate is required by this chapter, or who violates this chapter, or who willfully violates any published rule or regulation of the board, or who does any act described in this chapter as unlawful, the penalty for which is not herein specifically provided, to practice dentistry shall be guilty of a Class C felony and shall be punished as prescribed by law; and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000) for each offense, to be fixed by the court trying the case, and in addition may be, in the discretion of the court, sentenced to hard labor for the county for a period not to exceed 12 months.This change elevates the penalty for unauthorized practice of dentistry to a Class C felony.
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§34-9-10
Every person individual who desires to practice dentistry within the State of Alabama shall file an application accompanied by the appropriate fee prescribed by the board.→ Every individual who desires to practice dentistry within the State of Alabama shall file an application accompanied by the appropriate fee prescribed by the board.This change updates the language from 'person individual' to just 'individual' for clarity.
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§34-9-10
Notwithstanding the any particular requirement or method of obtaining licensure or any particular requirement set forth herein, every person as a prerequisite to licensure applicant shall be at least 19 years of age, of good moral character, a citizen of the United States or, if not a citizen of the United States, a person an individual who is legally present in the United States with appropriate documentation from the federal government, and a graduate of a dental school or college accredited by the American Dental Association Commission on Dental Accreditation and approved by the board, and shall satisfy any other requirement set forth in any rule adopted by the board.→ Notwithstanding any particular requirement or method of obtaining licensure or any particular requirement set forth herein, every applicant shall be at least 19 years of age, of good moral character, a citizen of the United States or, if not a citizen of the United States, an individual who is legally present in the United States with appropriate documentation from the federal government, and a graduate of a dental school or college accredited by the American Dental Association Commission on Dental Accreditation and approved by the board, and shall satisfy any other requirement set forth in any rule adopted by the board.This change simplifies the language regarding applicant qualifications.
Amendments
4 amendments- Amendment XIK477-1 Show changes
- Amendment 0NJ2GG-1 Show changes
- Boards, Agencies and Commissions Amendment HHAF66-1 Show changes
- Boards, Agencies and Commissions Amendment P57JGG-1 Show changes
Click Show changes on an amendment above to see how it modifies the bill.
Action History
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Enrolled
Sponsors
- Craig Lipscomb · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 139 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 22 | 0 | 0 | 3 |
| D | 6 | 0 | 0 | 2 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 5 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Not Voting |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Yea |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Yea |
| April Weaver | R | Not Voting |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Not Voting |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Yea |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Not Voting |
| Lance Bell | R | Yea |
| Larry Stutts | R | Yea |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 68 | 0 | 0 | 3 |
| D | 25 | 0 | 0 | 1 |
| Total | 98 | 0 | 0 | 4 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 67 | 0 | 0 | 4 |
| D | 25 | 0 | 0 | 1 |
| Total | 97 | 0 | 0 | 5 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 67 | 0 | 0 | 4 |
| D | 25 | 0 | 0 | 1 |
| Total | 97 | 0 | 0 | 5 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (102)
Subjects
Frequently asked questions
- What does HB 285 do?
- Board of dental examiners, dentists and dental hygienists, revises licensure and fee requirements , qualifications for administering controlled substances to patients,
- Who sponsors HB 285?
- HB 285 is sponsored by Craig Lipscomb (R).
- What is the current status of HB 285?
- This bill has been enacted into law. Introduced April 11, 2023. Enacted.
- Where can I track HB 285?
- Track HB 285 free on One Click Politics — get push/email alerts when it moves.
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