SB2492

THE SENATE	S.B. NO.	2492
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

relating to dental licensure.

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

SECTION 1. The legislature finds that the majority of state dental boards grant licenses to dentists to practice in any setting, if those dentists are currently licensed and in active, continuous practice for a specified period of time in another jurisdiction, without further theoretical and clinical examination. This license recognition system for dentists, often referred to as licensure by credentials, may also be referred to as licensure by reciprocity, endorsement, or criteria.

The legislature further finds that the American Dental Association supports licensure by credentials. According to American Dental Association policy, "requiring a candidate who is seeking licensure in several jurisdictions to demonstrate his or her theoretical knowledge and clinical skill on separate examinations for each jurisdiction seems unnecessary duplication." The American Dental Association also believes that "an evaluation of a practicing dentist's theoretical knowledge and clinical skill based on his or her performance record can provide as much protection to the public as would an evaluation based on examination."

The legislature additionally finds that dental boards in forty-six states, plus the District of Columbia and Puerto Rico, have the authority to grant licensure by credentials. Hawaii is one of only four states that do not permit licensure by credentials. This creates difficulties for otherwise well-qualified dentists who seek to relocate to Hawaii. Failure to issue licensure by credentials also burdens those dentists with roots in Hawaii who went to school on the mainland, as the legislature notes that the State lacks a school of dentistry, practiced on the mainland for a number of years, but still maintain close ties with Hawaii.

Accordingly, the purpose of this Act is to increase access to high-quality dental care in Hawaii, while still maintaining appropriate consumer protections, by requiring the board of dental examiners to issue a license by credentials to a practicing dentist who is licensed in another state and meets other specific requirements.

SECTION 2. Chapter 448, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§448- Licensure by credentials. The board shall issue a license by credentials to a dentist if:

(1) The applicant:

(A) Files an application for licensure by credentials and pays any fees as prescribed by the board; and

(B) Is a practicing dentist who:

(i) Graduated from an accredited school of dentistry;

(ii) Holds a license to practice dentistry in another state whose licensing requirements include passage of the ADEX examination, its predecessor examination, or another nationally recognized, substantially equivalent examination recommended by the American Dental Association;

(iii) Is in good standing in the state of licensure; and

(iv) Has engaged in the active practice of dentistry in another state for a minimum of five years immediately preceding the date the application was received; and

(2) The board determines that no disciplinary action has been taken by any dental licensing authority and the applicant has not been the subject of adverse judgments or settlements resulting from the practice of dentistry that the board determines constitute evidence of a pattern of negligence or incompetence."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________