CHAPTER 406

FORMERLY

HOUSE BILL NO. 567

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO DENTISTRY AND DENTAL HYGIENE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter V, Chapter 11, Title 24 of the Delaware Code by adding a new §1194, which new Section shall read as follows:

"§1194. Appeal Panel.

a) Prior to the administration of the first practical examination each year by the Board, the Director of the Division of Professional Regulation shall appoint an appeal panel to hear appeals as a result of denial of licensure by the Board for failure of a practical examination. For appeals arising from the failure of the dental practical examination, the appeal panel shall consist of two dentists licensed to practice in this state and one public member. For appeals arising from the failure of the dental hygiene practical examination, the appeal panel shall consist of one dentist licensed to practice in this state, one dental hygienist and one public member.

b) The licensed professional members of the respective panels shall have at least three years' of experience practicing in their respective professions. A professional member shall not have served on the Board of Dental Examiners nor on the Dental Hygiene Advisory Committee for at least five years preceding his or her appointment to the panel; nor shall such professional member be an officer or other elected official in a professional association of dentists or dental hygienists. The public member shall not have been a dentist nor dental hygienist, nor a member of the immediate family of a dentist or dental hygienist, nor have been employed by a dentist, nor have a material interest in the providing of goods and services to dentists, nor have been engaged in an activity directly related to dentistry or dental hygiene.

c) Each member of the appeal panel shall serve for a term of one year, and shall be eligible for one additional reappointment to the appeal panel.

d) In the event an applicant for licensure has failed a practical examination administered by the Board of Dental Examiners, he or she has the right to appeal the decision by the Board. Such appeal shall be filed in writing with the Director of the Division of Professional Regulation within 20 days of the date of notification by the Board. Upon receipt of the applicant's written appeal of the Board's decision, the Director shall convene the appeal panel within 30 days. The Director shall notify the appellant by certified mail of the date set for the hearing.

e) The conduct of all hearings and the issuance of orders shall be in accordance with procedures established pursuant to this Section, Chapter 101, Title 29 of the Delaware Code and §8810, Title 29 of the Delaware Code. Where such provisions conflict with the provisions of this Section, this Section shall govern.

(f) The applicant may appeal any denial of licensure by the panel to the Superior Court within 30 days' notice of denial. Such appeal shall be on the record.

g) In the event that an appeal is remanded from Superior Court, such appeal will be heard by the original appeal panel."

Section 2. The provisions of Section I of this Act notwithstanding, the Director of Professional Regulation shall appoint the members of the first appeal panel as soon as practical after enactment of this Act.

Approved June 27, 1996