CHAPTER 309

FORMERLY

HOUSE BILL NO. 392

AS AMENDED BY

HOUSE AMENDMENT NO. 1

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 Chapter 11 of Title 24 of the Delaware Code by enacting as a new “Subchapter VI. Volunteer License Provisions” to read as follows:

“Subchapter VI. Volunteer License Provisions.

§ 1196. Volunteer License, Application Procedures.

In order to apply for a volunteer license, an applicant must:

(a) Submit proof of current license or proof of licensure within the past two (2) years (from another US state and/or Canadian province);

(b) Submit record of continuing education (CE) credit that meets the State of Delaware’s requirement for the preceding two (2) years as determined in the Board’s rules and regulations;

(c) Submit to background check, both professional and criminal;

(d) Pass the Jurisprudence test for the State of Delaware;

(e) Show proof of 25 years of continuous licensure in another US state or states and/or Canadian province or provinces; and

(f) Have no verifiable complaints on the National Practitioner Data Bank.

§ 1197. Restrictions under the Volunteer License for Practicing Dentistry.

(a) Cannot practice dentistry for payment/profit;

(b) License is site-specific to charitable clinics as approved by the Delaware State Board of Dental Examiners;

(c) Must work under the supervision of the dentist in charge of the approved, site-specific clinic; and

(d) Must renew license annually. A two (2) year license will not be issued.

§ 1198. Volunteer License; Maintenance Requirements.

In order to maintain a license under this Section, an applicant:

(a) Must complete a minimum of 125 hours of volunteer dentistry per year; and

(b) Must follow any other requirements that any licensed dentist in this State must follow (e.g., CPR, CE requirements, etc.).

§ 1199. Evaluation of Volunteer License.

(a) Every volunteer dentist, hygienist and dental assistant will be evaluated using an evaluation/review form by the supervising dentist. This form will be developed by the Delaware State Board of Dental Examiners and will be submitted bimonthly for the first six (6) months and once every six (6) months after the initial six (6) month period.

(b) If the supervising dentist finds that the volunteer dentist is incompetent and/or is a danger to the public, the supervising dentist shall immediately notify the Delaware State Board of Dental Examiners. The Board may suspend the license until a hearing is held based on the notification. The complaint and hearing process in § 1127 through § 1130 in this Title is incorporated herein.

§ 1199A. Penalties, Civil Violation.

Penalties for violating the requirement of not practicing dentistry for profit will result in a $2500 fine for each offense.”.

Section 2. Sunset Provision.

This Act will be reviewed for its effectiveness after two (2) years of its passage and if not re-enacted, this Act will expire two (2) years from date of enactment.

Approved July 3, 2008