HB1498

SECTION 1. The legislature finds that occupational licensing systems must achieve an important balance. Occupational licensing protects public health and safety by ensuring that persons meet minimum educational requirements and industry oversight; supports career development and pathways for licensed workers; and steps in when market forces fail to achieve the desired outcome. However, unnecessary and burdensome occupational licensing systems can reduce employment, reduce market competition and innovation, increase the price of goods and services, disproportionately burden certain populations of workers, and impede worker mobility without countervailing benefits.

The legislature further finds that certain aspects of the occupational licensing requirement for dentists in the State impede mobility for otherwise well-qualified dentists who seek to relocate to Hawaii, which can impact overall access to high-quality dental care. Specifically, the legislature notes 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. The legislature additionally finds that the American Dental Association supports this license recognition system for dentists, which is often referred to as licensure by credentials and may also be referred to as licensure by reciprocity, endorsement, or criteria. However, Hawaii is one of a small minority of states that do not permit licensure by credentials.

The legislature also finds that the existing law requiring passage of the American Board of Dental Examiners (ADEX) examination for licensure as a dentist in the State was originally enacted in 2005 to allow Hawaii to participate in a standardized national examination process. However, limiting the approved examination to only the ADEX examination has created difficulties for dentists seeking to obtain licensure in Hawaii. For example, experienced, qualified, and competent dentists who have been practicing licensed dentistry in other states prior to 2005 and who desire to relocate and practice dentistry in Hawaii have been unable to do so because they did not take and pass the ADEX examination.

Accordingly, the purpose of this Act is to:

(1) Require the board of dentistry to issue a license by credentials to a practicing dentist who is licensed in another state and meets other specific professional qualification requirements; and

(2) Expand the required qualifications for dental licensure to include passage of any other nationally recognized clinical dental examination recommended by the American Dental Association and dental licensure in another state; provided certain requirements are met.

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, territory, or the District of Columbia whose licensing requirements include passage of the American Board of Dental Examiners (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. Section 448-9.4, Hawaii Revised Statutes, is amended to read as follows:

"§448-9.4 [~~American Board of Dental Examiners (ADEX) examination; regional examinations.~~] Dental licensure examination; other licensing qualifications. An applicant shall [~~take~~]:

(1) Take and pass the [~~ADEX~~] American Board of Dental Examiners (ADEX) examination[~~, and neither the state examination nor any regional examination shall be accepted.~~] or any other nationally recognized clinical dental examination recommended by the American Dental Association; or

(2) Be a practicing dentist who meets the requirements of section 448- ."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2022.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1498
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII