Report Title:

Dentistry

Description:

Prohibits interference in the practice of dentistry by an unlicensed person or entity.  (SD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	2301
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO DENTISTRY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 448, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§448‑   Prohibition on ownership and interference. (a)  No dentist licensed pursuant to this chapter who engages in the practice of dentistry shall permit a person or entity, other than a dentist licensed pursuant to this chapter, to directly or indirectly own, direct, control, or interfere with the licensee's practice of dentistry; provided that this section shall not apply to the State or any county, any legally incorporated eleemosynary dispensary or infirmary, private school, or welfare center.

(b)  A licensed dentist shall not permit a non-dentist to:

(1) Direct or interfere with the licensee's clinical judgment and competent practice of dentistry;

(2) Select a course of treatment for a patient, the procedures or materials to be used as part of the course of treatment, and the manner in which such course of treatment is carried out by the licensee;

(3) Exercise control of the patient's records; or

(4) Prohibit or limit access to the dental office, facilities, and equipment necessary to provide service to the licensee's patients."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon approval.