(a) The board shall carry out the purposes and enforce theprovisions of this act. The board shall consist of six (6) members appointed bythe governor with the advice and consent of the state senate. Appointments madebetween sessions of the legislature shall be made in accordance with W.S.28-12-101. The interim appointments are not considered a term for the purposesof subsection (c) of this section, relating to reappointment to the board.
(b) The term for board members is four (4) years, and expireson March 1. Effective July 1, 1979, appointments and terms shall be inaccordance with W.S. 28-12-101 through 28-12-103.
(c) No person is eligible to membership on the board who is notlegally qualified to practice; who has not engaged in the active practice ofdentistry in the state of Wyoming for at least five (5) continuous yearsimmediately prior to appointment; who does not at the time of his appointmenthold a certificate entitling him to practice dentistry in the state of Wyoming;and who is not a resident of the state of Wyoming. One (1) appointed member ofthe board shall be a dental hygienist who has the qualifications provided inthis act. No member shall succeed himself in office for more than two (2)successive terms.
(d) Any vacancy upon the board caused by the resignation, deathor removal of a member shall be filled by the governor by appointment for theunexpired term of that member. Any appointment to fill a vacancy shall be madewithin ninety (90) days after the vacancy occurs.
(e) Appointments by the governor to the board shall be madefrom a list of recommended names submitted by the Wyoming Dental Associationand Wyoming Dental Hygiene Association as follows:
(i) The Wyoming Dental Association shall, through itssecretary, present to the governor within fifteen (15) days after its regularannual meeting a list of the names of not less than ten (10) candidates fromwhich appointments for vacancies on the board occurring during the ensuing yearshall be made; and
(ii) The Wyoming Dental Hygiene Association shall, through itssecretary, present to the governor within fifteen (15) days after its regularannual meeting a list of not less than three (3) candidates from whichappointments for vacancies on the board occurring during the ensuing year shallbe made.
(f) Each member of the board shall, before entering upon theduties of his office, take and subscribe an oath or affirmation that he willsupport the constitution and the laws of the United States and the state ofWyoming, and that he will faithfully perform the duties as a member of theboard.
(g) Repealed By Laws 2007, Ch. 210, 3.
33-15-102. Board of dental examiners; officers; seal; meetings; quorum.
(a) The board shall elect from its members a president,vice-president and a secretary-treasurer. The board shall have a common seal.The board shall meet in June each year, and more often if necessary, at suchtimes and places designated by the president and the board. The meeting of theboard shall be at the call of the president and the secretary-treasurer. Five(5) days notice shall be given by the secretary-treasurer to all board membersof the time and place of the meeting. A majority of the board constitutes aquorum.
(b) Repealed by Laws 1981, ch. 172, 3.
33-15-103. Board of dental examiners; removal of members.
Thegovernor may remove any member as provided in W.S. 9-1-202 or for discontinuedresidence in Wyoming.
33-15-104. Board of dental examiners; indebtedness; compensation.
Theboard shall not create any indebtedness on behalf of the state of Wyoming,except as provided in this section. Out of the funds assessed by the board,each of the members of the board shall receive compensation for each day orpart of a day in which they are engaged in performance of their officialduties, including necessary travel, at the same rate as state legislators andshall be reimbursed for actual and necessary expenses, and mileage incurred inthe performance of their official duties. The secretary of the board shallreceive compensation for his services.
33-15-105. Disposition of monies received and collected under provisionsof chapter; report.
(a) All monies shall be received and collected as provided bylaw. The state treasurer shall place the money in a separate account, whichshall only be paid out upon an authorized voucher duly verified by the boardpresident and signed by the president and either the secretary of the board, orhis designee, showing that the expenditure is a necessary expense and has beenactually and properly incurred by the board. Upon presentation of the voucher,the auditor shall draw the warrant upon the treasurer but no warrant shall bedrawn unless and until there are sufficient monies in the account to pay sameand the expenses of the board shall not be charged upon any other state fund oraccount. Any money on hand at the dissolution of the board or the repeal ofthis act shall be paid to the credit of the common school permanent land fundaccount.
(b) The board shall report annually to the governor respectingall activities, as required by W.S. 9-2-1014.
33-15-106. Determination of fees.
Theboard shall establish fees by rule and regulation for the issuance of licensesand administration of examinations pursuant to this act.
33-15-107. Sale of license.
Anymember of the board who sells or offers to sell any license, or modify scoringor grading of a test to issue a license is subject to prosecution under W.S.6-5-102.
(a) Any person of good moral character, who has graduated andattained the degree of doctor of dental surgery or doctor of dental medicinefrom a college or university in the United States or Canada accredited by thecommission on dental accreditation of the American Dental Association, mayapply to the board to have the applicant's qualifications considered forlicensure to practice dentistry. The applicant shall pass a written andpractical examination in a manner satisfactory to the board. The writtenexamination shall consist of part I and part II of the national board of dentalexaminations administered by the joint commission on national dentalexaminations of the American Dental Association and an examination on theWyoming Dental Practice Act and the rules and regulations of the board ofdental examiners. The clinical practical examination shall be based onsatisfactory completion of a clinical examination acceptable to the board.
(b) The board shall set the examination fee and allreexamination fees shall be the same as the current fee for the initialexamination. Fees shall be paid to the board office before the examination.The fee shall be paid by money order, cashier's check or certified check, andin no case shall the fee be refunded.
(c) The applicant shall be informed in writing by certifiedmail of the results of his examination within thirty (30) days after theexamination.
(d) Repealed By Laws 2009, Ch. 181, 2.
(e) If the applicant fails the board examination three (3)times, he shall show evidence of additional education to the satisfaction ofthe board before he may be reexamined.
(f) The board shall keep a record book in which is recorded thenames and addresses of all applicants and such other matters as affords a fullrecord of the actions of the board. The records or transcripts of the records,duly certified by the president and secretary of the board with the seal of theboard attached, is prima facie evidence before all courts of this state of theentries therein.
(g) The board shall make and prescribe all reasonable rules forits government and for the conduct of its business.
(h) The board may make and prescribe rules and regulations forthe licensure and practice of dentistry in the state of Wyoming, notinconsistent with this act. For purposes of this subsection, "practice ofdentistry" includes the work of dental hygienists, dental auxiliaries,dental technicians and dental laboratories.
33-15-109. Renewal license certificate.
(a) On or before December 31 each year, each dentist licensedto practice dentistry in this state and wishing to continue in the practice ofdentistry shall submit a license renewal application with the applicablerenewal fee. Any license granted by the board shall be cancelled after ten(10) days notice by registered mail if the holder fails to secure the renewalcertificate within three (3) months after December 31 each year.
(b) Any dentist whose application for renewal indicates thatthe dentist has not actively practiced dentistry or engaged in teachingdentistry or dental hygiene for the preceding five (5) years shall be issued arenewal certificate only after demonstrating to the board that the dentist hasmaintained the qualifications set forth in this act. The board may requirereexamination if it finds good cause to believe that the person has notmaintained the professional ability and knowledge required of an originallicensee.
(c) The board may set continuing education requirements forrenewal certificates and relicensure certificates.
33-15-110. Certificate entitles dentist to practice in any county; lostcertificates.
Thecertificate provided for in this act entitles the holder to practice dentistryin any county in Wyoming. The board, upon satisfactory proof of loss of thecertificate issued under this act, shall issue a new certificate. The cost ofreplacement shall be determined by the board and paid by the person requestingreplacement.
33-15-111. List of licensees filed with board office.
Theboard shall annually publish a list of all dentists and dental hygienistslicensed under this act. The list shall contain the name and address of eachdentist and dental hygienist and such other information as the board deemsadvisable. The board office shall furnish copies to the public upon request orby access to the board's website.
33-15-112. Grounds and procedure for revocation or suspension oflicense.
(a) The board may refuse to issue or renew a license, maysuspend or revoke a license, may reprimand, restrict or impose conditions onthe practice of a dentist for any one (1) or more of the following causes:
(i) Conviction of, entry of a plea of nolo contendere to orentry of a deferred prosecution agreement pursuant to W.S. 7-13-301 to a felonyor misdemeanor that relates adversely to the practice of dentistry or theability to practice dentistry;
(ii) Renting or loaning to another person the dentist's licenseor diploma to be used as a license or diploma for the other person;
(iii) Unprofessional conduct as defined in rules and regulationsof the board;
(iv) Advertising or soliciting patients, in any form ofcommunication, in a manner that is false or misleading in any material respect;
(v) Being unfit or incompetent to practice dentistry for anyreason, including but not limited to:
(A) Inability to practice dentistry with reasonable skill andsafety because of physical or mental disability or the use of alcohol,prescription drugs, nonprescription drugs or other psychoactive substance;
(B) Performance of unsafe dental practice or failure to conformto the standards of acceptable professional dental practice, whether or notactual injury results.
(vi) Professional discipline by a professional licensing boardin any jurisdiction;
(vii) Fraud, deceit or misrepresentation in providing anyinformation or record to the board; or
(viii) Willful violation of any provisions of this act or rulesand regulations of the board.
(b) The proceedings under this section may be taken by theboard from matters within its knowledge or upon information from another. Ifthe informant is a member of the board, the other members of the board shalljudge the accused. All complaints shall be in writing, verified by some partyfamiliar with the facts alleged or by additional information or data whichsupports the complaint and shall be filed with the board. Upon receiving thecomplaint, the board shall proceed as in a contested case under the WyomingAdministrative Procedure Act and rules and regulations of the board. Uponrevocation of any license, the fact shall be noted upon the records of theboard and the license shall be marked cancelled upon the date of itsrevocation.
(c) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-15-113. Repealed By Laws 2007, Ch. 210, 3.
33-15-114. Persons deemed to be practicing dentistry; workauthorizations from licensed dentist.
(a) Except as provided by paragraph (xii) of this subsection,any person is deemed to be practicing dentistry within the meaning of this act:
(i) Who performs, or attempts, or advertises to perform, orcauses to be performed by the patient or any other person, or instructs in theperformance of any dental operation or oral surgery or dental service of anykind gratuitously or for a salary, fee, money or other remuneration paid, or tobe paid, directly or indirectly, to himself or to any other person or agency;
(ii) Who is a manager, proprietor, operator or a conductor of aplace where dental operations, oral surgery or dental services are performed;
(iii) Who directly or indirectly by any means or methodfurnishes, supplies, constructs, reproduces or repairs any prosthetic denture,bridge, appliance or other structure to be worn in the human mouth, or placessuch appliance or structure in the human mouth or attempts to adjust the same;
(iv) Who advertises to the public by any method to furnish,supply, construct, reproduce or repair any prosthetic denture, bridge,appliance or other structure to be worn in the human mouth;
(v) Who diagnoses or professes to diagnose, prescribes for orprofesses to prescribe for, treats or professes to treat disease, pain,deformity, deficiency, injury or physical condition of human teeth or jaws, oradjacent structure;
(vi) Who extracts or attempts to extract human teeth, orcorrects or professes to correct malpositions of teeth or of the jaw;
(vii) Who gives or professes to give interpretations or readingsof dental radiographs;
(viii) Who administers an anesthetic of any nature in connectionwith dental operations;
(ix) Who uses the words "dentist", "dentalsurgeon" or "oral surgeon", the letters "D.D.S.","D.M.D." or any other words, letters, title or descriptive matterwhich in any way represents him as being able to diagnose, treat, prescribe oroperate for any disease, pain, deformity, deficiency, injury or physicalcondition of human teeth or jaws, or adjacent structures;
(x) Who states or advertises or permits to be stated throughany medium of communication that the licensee can perform or will attempt toperform dental treatment or render a diagnosis in connection therewith; or
(xi) Who engages in any of the practices included in thecurriculum of an approved dental college;
(xii) A dental laboratory or dental technician is not practicingdentistry within the meaning of this act when engaged in the construction,making, alteration or repairing of bridges, crowns, dentures or otherprosthetic or surgical appliances, or orthodontic appliances if the casts ormolds or impressions upon which the work is constructed have been made by aregularly licensed and practicing dentist, and if all crowns, bridges, denturesor prosthetic appliances, surgical appliances or orthodontic appliances arereturned to the dentist upon whose order the work is constructed.
(b) Any licensed dentist who employs or engages the service ofany person, firm or corporation to construct, reproduce, make, alter or repairbridges, crowns, dentures or other prosthetic, surgical or orthodonticappliances shall furnish the person with a written work authorization on formsprescribed by the board, which contain:
(i) The name and address of the person to whom the workauthorized is directed;
(ii) The patient's name or identification number, but if only anumber is used the patient's name shall be written upon the duplicate copy ofthe work authorization retained by the dentist;
(iii) The date on which the work authorization was written;
(iv) A description of the work to be done, including diagrams,if necessary;
(v) A specification of the type and quality of the material tobe used;
(vi) The signature of the dentist and the number of his licenseto practice dentistry.
(c) The person, firm or corporation receiving a workauthorization from a licensed dentist shall retain the original workauthorization and the dentist shall retain the duplicate copy for inspection atany reasonable time by the board or its authorized agents for two (2) yearsfrom date of issuance.
33-15-115. Persons to whom chapter inapplicable.
(a) Nothing in this act contained applies:
(i) To a legally qualified medical doctor;
(ii) To a legally qualified dental hygienist or dentist engaged infull-time duties with the United States armed forces, public health service,veterans administration or other federal agencies;
(iii) To a legally qualified dental hygienist or dentist ofanother state making a clinical demonstration before a meeting of dentists ordental auxiliaries; or
(iv) To dental and dental hygiene students actively enrolled inany American Dental Association accredited dental educational programperforming services as a part of the curriculum of that program under thedirect supervision of a Wyoming licensed dentist or Wyoming licensed dentalhygienist instructor.
33-15-116. Certain persons prohibited from soliciting patronage ofgeneral public.
Noperson engaged in business of constructing, altering or repairing bridges,crowns, dentures or other prosthetic appliances, surgical appliances ororthodontic appliances shall directly or indirectly solicit the patronage ofthe general public.
33-15-117. Dental laboratory technicians.
Dentistsmay employ one (1) or more dental laboratory technicians who work only underthe direction and supervision of the dentist and who shall not be permittedunder any circumstances to do any work upon any patient. Dental laboratorytechnicians shall not be allowed to do laboratory work of any kind except atthe direction of dentists duly licensed to practice, and then only upon writtenprescription issued by the dentists.
33-15-118. Repealed by Laws 1981, ch. 172, 3.
33-15-119. Dental hygienists; generally.
Anydentist authorized to practice dentistry within the state may employ dentalhygienists who shall be examined and possess the qualifications provided inthis act. A dental hygienist may perform any services for a patient which areconsistent with what dental hygienists are trained to do in accredited dentalhygiene schools accredited by the commission on dental accreditation of theAmerican Dental Association. Hygienists shall not perform any other operationon the teeth or mouth and shall be regulated by the rules and regulationspromulgated by the board. The above services shall be performed under thesupervision of a licensed dentist. Dental hygienists shall practice in theoffice of any licensed dentist, or in any public or private institution underthe supervision of a licensed dentist. The board may revoke or suspend thelicense of any dentist who permits any dental hygienist operating under hissupervision to perform any operations or functions other than those permittedunder this act.
(a) Any person of good moral character who is a graduate of adental hygiene program accredited by the commission on dental accreditation ofthe American Dental Association, who has passed in a manner satisfactory to theboard the dental hygiene national board examination administered by the jointcommission on national dental examinations of the American Dental Associationand who passes any clinical board accepted by the board may apply to the boardto have the person's qualifications considered for licensure to practice dentalhygiene. Applicants shall be required to pass a written examinationsatisfactory to the board.
(b) If the applicant fails the board examination three (3)times, he shall show evidence of additional education to the satisfaction ofthe board before reexamination.
(c) If the applicant successfully completes the requirementsfor licensure, the applicant shall be licensed as a dental hygienist. If theexpanded duties applicant has successfully met the requirements for expandedduties, the applicant shall be certified in those expanded duties. Thecertificate issued by the board shall list the expanded duties which thehygienist is qualified and permitted to perform. On or before December 31 eachyear, each dental hygienist licensed to practice dental hygiene and wishing tocontinue in the practice of dental hygiene shall submit a license renewalapplication with the applicable renewal fee. The renewal certificate shall bemade available to the supervising dentist. Any license granted by the boardshall be cancelled after ten (10) days notice by registered mail if the holderfails to secure the renewal certificate within three (3) months after December31 each year. Any license cancelled may be restored by the board upon paymentof a fee set by the board, if paid by December 31 of the year the license wascancelled.
(d) Any dental hygienist whose application for renewalindicates that the hygienist has not actively practiced dental hygiene orengaged in teaching dental hygiene for the preceding five (5) years shall beissued a renewal certificate only after demonstrating to the board that thehygienist has maintained the qualifications set forth in this act. The boardmay require reexamination if it finds good cause to believe that the person hasnot maintained the professional ability and knowledge required of an originallicensee under this act.
(e) The board shall promulgate reasonable rules and regulationsfor the licensure of dental hygienists and the practice of dental hygiene, andmay prescribe continuing education requirements for renewal certificates andrelicensure.
33-15-121. Grounds and proceedings for suspension of, revocation of, orrefusal to renew license.
(a) The board may refuse to issue or renew, or may suspend orrevoke, the license of any dental hygienist for any of the following causes:
(i) Conviction of, entry of a plea of nolo contendere to orentry of a deferred prosecution agreement pursuant to W.S. 7-13-301 to a felonyor misdemeanor that relates adversely to the practice of dental hygiene or theability to practice dental hygiene;
(ii) Unprofessional conduct, as defined in rules and regulationsof the board;
(iii) Advertising or soliciting patients, in any form ofcommunication, in a manner that is false or misleading in any material respect;
(iv) Renting or loaning to another person the hygienist'slicense or diploma to be used as a license or diploma for the other person;
(v) Being unfit or incompetent to practice dental hygiene forany reason, including but not limited to:
(A) Inability to practice dental hygiene with reasonable skilland safety because of physical or mental disability or the use of alcohol,prescription drugs, nonprescription drugs or other psychoactive substance; or
(B) Performance of unsafe dental hygiene practice or failure toconform to the standards of acceptable professional dental hygiene practice,whether or not actual injury results.
(vi) Professional discipline by a professional licensing boardin any jurisdiction;
(vii) Fraud, deceit or misrepresentation in providing anyinformation or record to the board; or
(viii) For willful violation of any provision of this act or rulesand regulations of the board.
(b) All proceedings by the board pursuant to subsection (a) ofthis section shall be as set forth in W.S. 33-15-112(b) for the revocation orsuspension of a dentist's license.
(c) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-15-122. Repealed By Laws 2007, Ch. 210, 3.
33-15-123. Duties of other dental auxiliary.
Dutiesof all other dental auxiliary personnel not mentioned in this act shall be setand governed by the rules and regulations of the board.
33-15-124. Violations.
Anyperson who practices dentistry without being properly qualified and licensed,or who violates any provisions of this act is subject to a fine not to exceedone thousand dollars ($1,000.00), or imprisonment not more than two (2) yearsin the penitentiary, or both. Each separate violation of this act constitutes aseparate offense.
33-15-125. Repealed by Laws 1981, ch. 172, 3.
33-15-126. Regulation of proceedings relating to revocation orsuspension of licenses.
Allproceedings before the board relating to the revocation or suspension oflicenses shall be conducted according to the Wyoming Administrative ProcedureAct, except appeals under the Wyoming Administrative Procedure Act shall not beallowed for revocations, suspensions or other restrictions imposed on licensespursuant to W.S. 33-15-112(c) or 33-15-121(c).
33-15-127. Action for injunction.
Theboard in its own name may bring an action for an injunction, and courts of thisstate may enjoin any person from violation of this act. Such proceedings shallbe prosecuted by the attorney general's office or by private counsel.
33-15-128. Definitions.
(a) As used in this act:
(i) "Board" means the Wyoming board of dentalexaminers established by this act;
(ii) "Dentistry" means the healing art practiced by adentist which is concerned with the examination, diagnosis, treatment, planningand care of conditions within the human oral cavity and its adjacent tissuesand structures;
(iii) "Dentist" means a person who performs anyintraoral and extraoral procedure required in the practice of dentistry and towhom is reserved:
(A) The responsibility for final diagnosis of conditions withinthe human mouth and its adjacent tissues and structures;
(B) The responsibility of the final treatment plan of anydental patient;
(C) The responsibility for prescribing drugs which are administeredto patients in the practice of dentistry;
(D) The responsibility for overall quality of patient carewhich is rendered or performed in the practice of dentistry regardless ofwhether the care is rendered personally by the dentist or by a dentalauxiliary; and
(E) Other specific services within the scope of the practice ofdentistry.
(iv) "Dental" means pertaining to dentistry;
(v) "Dental hygienist" means a person who issupervised by a dentist and is licensed to render the educational, preventiveand therapeutic dental services defined in this act, as well as any extraoralprocedure required in the practice of a dental hygienist's duties;
(vi) "Dental assistant" means a person who issupervised by a dentist and renders assistance to a dentist, dental hygienist,dental technician or another dental assistant as described in this act;
(vii) "Dental laboratory" means an enterprise engagedin making, repairing, providing or altering oral prosthetic appliances andother artificial materials and devices which are returned to the dentist andinserted into the human mouth or which come into contact with its adjacentstructures and tissues;
(viii) "Dental laboratory technician" means a personwho, at the direction of a licensed dentist, makes, provides, repairs or altersoral prosthetic appliances and other artificial devices which are inserted intothe human mouth or which come into contact with the human mouth and itsadjacent tissues and structures. A dental technician is a dental prostheticauxiliary working under the supervision of a licensed dentist;
(ix) "Dental auxiliary" means any person who worksunder the supervision of a dentist and who provides dental care services to apatient;
(x) "Supervision" of a dental auxiliary means the actof directing or overseeing duties performed by a dental auxiliary, as definedby rules and regulations of the board;
(xi) Repealed By Laws 2007, Ch. 210, 3.
(xii) "Proprietor" includes any person who:
(A) Employs dentists, dental hygienists or dental auxiliariesin the operation of a dental office, except as defined in this act; or
(B) Places in the possession of a dentist, dental hygienist ordental auxiliary or other agent such dental material or equipment as may benecessary for the management of a dental office on the basis of a lease or anyother agreement for compensation for the use of such material, equipment oroffices; or
(C) Retains the ownership or control of dental equipment ormaterial or office and makes the same available in any manner for the use bydentists, dental hygienists, dental auxiliaries or any other agents, exceptingthat nothing in this subparagraph shall apply to bona fide sales of dentalequipment or material secured by a chattel mortgage or retain-title agreementor the loan of articulators.
(xiii) "Expanded duties" means those patient's serviceswhich are beyond those regularly practiced by dental hygienists or dentaltechnicians or other dental auxiliary functions and which require additionaleducation which shall be approved by the board of dental examiners of Wyomingand are to be performed under the direct supervision of a licensed dentist;
(xiv) "Specialty" means a special area of dentalpractice for ethical specialty announcement and limitation of practice whichare dental public health, endodontics, oral pathology, oral and maxillofacialsurgery, orthodontics, pediatric dentistry, periodontics, prosthodontics, oraland maxillofacial radiology and any other specialty area recognized by the boardof dental examiners of Wyoming;
(xv) "Radiograph" means the film used with an x-raymachine and includes the product of a film exposed by an x-ray machine;
(xvi) "X-ray machine" means an assemblage of componentsfor the controlled production of x-rays. It includes at a minimum an x-rayhigh voltage generator, an x-ray control, a tube housing assembly, a beamlimiting device and the necessary supporting structures;
(xvii) "This act" means W.S. 33-15-101 through 33-15-133and may be cited as the "Wyoming Dental Practice Act".
33-15-129. Radiograph use permits.
(a) Any dental assistant who places or exposes radiographsshall hold a radiograph use permit.
(b) Any licensed dentist using an x-ray machine shall have thatmachine inspected by a qualified radiation expert periodically as determined bythe board.
(c) The board shall promulgate reasonable rules and regulationsnecessary for granting or revoking a radiograph use permit and for inspectionof x-ray machines.
33-15-130. General anesthesia or parenteral sedation permit.
(a) Any dentist licensed under this act who administers generalanesthesia or parenteral sedation shall apply for and receive a generalanesthesia or parenteral sedation permit. The permit shall be issued to a licenseddentist who passes an appropriate examination and has the necessary equipmentas defined by the board.
(b) The board shall provide for the inspection of theanesthesia and sedation equipment of permitted dentists on a regular basis toinsure the equipment is of the appropriate type and is in working order.
(c) Any dentist using general anesthesia or parenteral sedationwithout a permit may have his license revoked or suspended.
(d) The board shall promulgate reasonable rules and regulations,including establishing examination fees, as necessary to carry out thissection.
33-15-131. Dentist and dental hygienist volunteer license.
(a) As used in this section:
(i) "Low income uninsured person" means a person whomeets all of the following requirements:
(A) The person's income is not greater than two hundred percent(200%) of the current poverty level as defined by federal law, as amended;
(B) The person currently is not receiving medical, disabilityor other assistance under any federal or state government health care program;and
(C) Either of the following applies:
(I) The person is not a policyholder, certificate holder,insured, contract holder, subscriber, enrollee, member, beneficiary or othercovered individual under a health insurance or health care policy, contract orplan; or
(II) The person is a policyholder, certificate holder, insured,contract holder, subscriber, enrollee, member, beneficiary or other coveredindividual under a health insurance or health care policy, contract or plan,but the insurer, policy, contract or plan denies coverage or is the subject ofinsolvency or bankruptcy proceedings in any jurisdiction.
(ii) "Nonprofit health care facility" means acharitable nonprofit corporation or association organized and operated undertitle 17, chapter 19 or 22 of the Wyoming statutes, or any charitableorganization not organized and not operated for profit, that provides healthcare services to low income uninsured persons, except that "health carefacility" does not include a hospital, including a swing bed hospital,facility or center defined under W.S. 35-2-901 or any other medical facilitythat is operated for profit.
(b) For purposes of this section, a person shall be consideredretired from practice if the person's license or certificate has expired.
(c) The state board of dental examiners may issue, with orwithout examination, a volunteer's certificate to a person who is retired frompractice so that the person may provide dental services to low income uninsuredpersons at nonprofit health care facilities. The board shall deny issuance of avolunteer's certificate to a person who is not qualified under this section tohold a volunteer's certificate.
(d) An application for a volunteer's certificate shall includeall of the following:
(i) A copy of the applicant's dentistry or dental hygienistdegree;
(ii) One (1) of the following, as applicable:
(A) A copy of the applicant's most recent license orcertificate authorizing the practice of dentistry or dental hygiene issued by ajurisdiction in the United States that licenses persons to practice dentistryor dental hygiene; or
(B) A copy of the applicant's most recent license equivalent toa license to practice dentistry or dental hygiene in one (1) or more branchesof the United States armed services that the United States government issued.
(iii) Evidence of one (1) of the following, as applicable:
(A) That the applicant has maintained for at least ten (10)years immediately prior to retirement full licensure in good standing in anyjurisdiction in the United States that licenses persons to practice as adentist or dental hygienist; or
(B) That the applicant has practiced for at least ten (10)years immediately prior to retirement in good standing as a dentist or dentalhygienist in one (1) or more of the branches of the United States armedservices; and
(iv) A notarized statement from the applicant, on a formprescribed by the board, that the applicant:
(A) Will not accept any form of remuneration for any dental ordental hygiene services rendered while in possession of a volunteer'scertificate;
(B) Will devote his practice exclusively and totally toproviding dental or dental hygiene services to low income uninsured persons ata nonprofit health care facility in this state; and
(C) Will provide any other documentation that the boardreasonably may require.
(e) The holder of a volunteer's certificate may provide dentalor dental hygiene services only on the premises of a nonprofit health carefacility in this state and only to low income uninsured persons. The holdershall not accept any form of remuneration for providing dental or dentalhygiene services while in possession of the certificate. The board may revoke avolunteer's certificate on receiving proof satisfactory to the board that theholder has engaged in practice in this state outside the scope of thecertificate.
(f) A volunteer's certificate shall be valid for a period ofone (1) year, unless earlier revoked under subsection (e) of this section orpursuant to title 33, chapter 15 of the Wyoming statutes. A volunteer'scertificate may be renewed upon the application of the holder. The board shallmaintain a register of all persons who hold volunteer's certificates. The boardshall not charge a fee for issuing or renewing a certificate pursuant to thissection.
(g) To be eligible for renewal of a volunteer's certificate,the holder of the certificate shall certify to the board completion of anycontinuing education required under this act as if the holder of thecertificate were in active practice. The board shall not renew a certificate ifthe holder has not complied with the continuing education requirements. Thenonprofit health care facility in which the holder provides dental or dentalhygiene services may pay for or reimburse the holder for any costs incurred inobtaining the required continuing education.
(h) The board shall issue to each person who qualifies underthis section a volunteer's certificate that states the certificate holder isauthorized to provide dental or dental hygiene services pursuant to the laws ofthis state.
(j) Except as provided in this section, any person holding avolunteer's certificate issued by the board under this section shall be subjectto the requirements of this act and the jurisdiction of the board as if he werelicensed to practice dentistry or dental hygiene under this act.
(k) The board shall adopt rules to administer and enforce thissection.
33-15-132. Immunity from personal liability.
(a) Members, agents and employees of the board and any personreporting information to the board under oath shall be immune from personalliability with respect to acts done and actions taken in good faith withoutfraud or malice.
(b) The immunity provided by this section shall extend to themembers of any professional review committee, investigators and witnessesappearing before the board.
33-15-133. Temporary educator's license.
(a) A temporary license may be issued to any dentist or dentalhygienist who has applied for licensure and who exhibits good standing inanother jurisdiction of the United States or Canada and has qualified for therequirements to be employed as an instructor at a dental hygiene school.
(b) The temporary educator's license shall be valid only untilthe meeting of the board at which the educator's application for standardlicensure is considered.
(c) The temporary educator license does not permit the licenseeto practice outside of the educational institution at which the licensee isemployed as an instructor.
(a) The board shall carry out the purposes and enforce theprovisions of this act. The board shall consist of six (6) members appointed bythe governor with the advice and consent of the state senate. Appointments madebetween sessions of the legislature shall be made in accordance with W.S.28-12-101. The interim appointments are not considered a term for the purposesof subsection (c) of this section, relating to reappointment to the board.
(b) The term for board members is four (4) years, and expireson March 1. Effective July 1, 1979, appointments and terms shall be inaccordance with W.S. 28-12-101 through 28-12-103.
(c) No person is eligible to membership on the board who is notlegally qualified to practice; who has not engaged in the active practice ofdentistry in the state of Wyoming for at least five (5) continuous yearsimmediately prior to appointment; who does not at the time of his appointmenthold a certificate entitling him to practice dentistry in the state of Wyoming;and who is not a resident of the state of Wyoming. One (1) appointed member ofthe board shall be a dental hygienist who has the qualifications provided inthis act. No member shall succeed himself in office for more than two (2)successive terms.
(d) Any vacancy upon the board caused by the resignation, deathor removal of a member shall be filled by the governor by appointment for theunexpired term of that member. Any appointment to fill a vacancy shall be madewithin ninety (90) days after the vacancy occurs.
(e) Appointments by the governor to the board shall be madefrom a list of recommended names submitted by the Wyoming Dental Associationand Wyoming Dental Hygiene Association as follows:
(i) The Wyoming Dental Association shall, through itssecretary, present to the governor within fifteen (15) days after its regularannual meeting a list of the names of not less than ten (10) candidates fromwhich appointments for vacancies on the board occurring during the ensuing yearshall be made; and
(ii) The Wyoming Dental Hygiene Association shall, through itssecretary, present to the governor within fifteen (15) days after its regularannual meeting a list of not less than three (3) candidates from whichappointments for vacancies on the board occurring during the ensuing year shallbe made.
(f) Each member of the board shall, before entering upon theduties of his office, take and subscribe an oath or affirmation that he willsupport the constitution and the laws of the United States and the state ofWyoming, and that he will faithfully perform the duties as a member of theboard.
(g) Repealed By Laws 2007, Ch. 210, 3.
33-15-102. Board of dental examiners; officers; seal; meetings; quorum.
(a) The board shall elect from its members a president,vice-president and a secretary-treasurer. The board shall have a common seal.The board shall meet in June each year, and more often if necessary, at suchtimes and places designated by the president and the board. The meeting of theboard shall be at the call of the president and the secretary-treasurer. Five(5) days notice shall be given by the secretary-treasurer to all board membersof the time and place of the meeting. A majority of the board constitutes aquorum.
(b) Repealed by Laws 1981, ch. 172, 3.
33-15-103. Board of dental examiners; removal of members.
Thegovernor may remove any member as provided in W.S. 9-1-202 or for discontinuedresidence in Wyoming.
33-15-104. Board of dental examiners; indebtedness; compensation.
Theboard shall not create any indebtedness on behalf of the state of Wyoming,except as provided in this section. Out of the funds assessed by the board,each of the members of the board shall receive compensation for each day orpart of a day in which they are engaged in performance of their officialduties, including necessary travel, at the same rate as state legislators andshall be reimbursed for actual and necessary expenses, and mileage incurred inthe performance of their official duties. The secretary of the board shallreceive compensation for his services.
33-15-105. Disposition of monies received and collected under provisionsof chapter; report.
(a) All monies shall be received and collected as provided bylaw. The state treasurer shall place the money in a separate account, whichshall only be paid out upon an authorized voucher duly verified by the boardpresident and signed by the president and either the secretary of the board, orhis designee, showing that the expenditure is a necessary expense and has beenactually and properly incurred by the board. Upon presentation of the voucher,the auditor shall draw the warrant upon the treasurer but no warrant shall bedrawn unless and until there are sufficient monies in the account to pay sameand the expenses of the board shall not be charged upon any other state fund oraccount. Any money on hand at the dissolution of the board or the repeal ofthis act shall be paid to the credit of the common school permanent land fundaccount.
(b) The board shall report annually to the governor respectingall activities, as required by W.S. 9-2-1014.
33-15-106. Determination of fees.
Theboard shall establish fees by rule and regulation for the issuance of licensesand administration of examinations pursuant to this act.
33-15-107. Sale of license.
Anymember of the board who sells or offers to sell any license, or modify scoringor grading of a test to issue a license is subject to prosecution under W.S.6-5-102.
(a) Any person of good moral character, who has graduated andattained the degree of doctor of dental surgery or doctor of dental medicinefrom a college or university in the United States or Canada accredited by thecommission on dental accreditation of the American Dental Association, mayapply to the board to have the applicant's qualifications considered forlicensure to practice dentistry. The applicant shall pass a written andpractical examination in a manner satisfactory to the board. The writtenexamination shall consist of part I and part II of the national board of dentalexaminations administered by the joint commission on national dentalexaminations of the American Dental Association and an examination on theWyoming Dental Practice Act and the rules and regulations of the board ofdental examiners. The clinical practical examination shall be based onsatisfactory completion of a clinical examination acceptable to the board.
(b) The board shall set the examination fee and allreexamination fees shall be the same as the current fee for the initialexamination. Fees shall be paid to the board office before the examination.The fee shall be paid by money order, cashier's check or certified check, andin no case shall the fee be refunded.
(c) The applicant shall be informed in writing by certifiedmail of the results of his examination within thirty (30) days after theexamination.
(d) Repealed By Laws 2009, Ch. 181, 2.
(e) If the applicant fails the board examination three (3)times, he shall show evidence of additional education to the satisfaction ofthe board before he may be reexamined.
(f) The board shall keep a record book in which is recorded thenames and addresses of all applicants and such other matters as affords a fullrecord of the actions of the board. The records or transcripts of the records,duly certified by the president and secretary of the board with the seal of theboard attached, is prima facie evidence before all courts of this state of theentries therein.
(g) The board shall make and prescribe all reasonable rules forits government and for the conduct of its business.
(h) The board may make and prescribe rules and regulations forthe licensure and practice of dentistry in the state of Wyoming, notinconsistent with this act. For purposes of this subsection, "practice ofdentistry" includes the work of dental hygienists, dental auxiliaries,dental technicians and dental laboratories.
33-15-109. Renewal license certificate.
(a) On or before December 31 each year, each dentist licensedto practice dentistry in this state and wishing to continue in the practice ofdentistry shall submit a license renewal application with the applicablerenewal fee. Any license granted by the board shall be cancelled after ten(10) days notice by registered mail if the holder fails to secure the renewalcertificate within three (3) months after December 31 each year.
(b) Any dentist whose application for renewal indicates thatthe dentist has not actively practiced dentistry or engaged in teachingdentistry or dental hygiene for the preceding five (5) years shall be issued arenewal certificate only after demonstrating to the board that the dentist hasmaintained the qualifications set forth in this act. The board may requirereexamination if it finds good cause to believe that the person has notmaintained the professional ability and knowledge required of an originallicensee.
(c) The board may set continuing education requirements forrenewal certificates and relicensure certificates.
33-15-110. Certificate entitles dentist to practice in any county; lostcertificates.
Thecertificate provided for in this act entitles the holder to practice dentistryin any county in Wyoming. The board, upon satisfactory proof of loss of thecertificate issued under this act, shall issue a new certificate. The cost ofreplacement shall be determined by the board and paid by the person requestingreplacement.
33-15-111. List of licensees filed with board office.
Theboard shall annually publish a list of all dentists and dental hygienistslicensed under this act. The list shall contain the name and address of eachdentist and dental hygienist and such other information as the board deemsadvisable. The board office shall furnish copies to the public upon request orby access to the board's website.
33-15-112. Grounds and procedure for revocation or suspension oflicense.
(a) The board may refuse to issue or renew a license, maysuspend or revoke a license, may reprimand, restrict or impose conditions onthe practice of a dentist for any one (1) or more of the following causes:
(i) Conviction of, entry of a plea of nolo contendere to orentry of a deferred prosecution agreement pursuant to W.S. 7-13-301 to a felonyor misdemeanor that relates adversely to the practice of dentistry or theability to practice dentistry;
(ii) Renting or loaning to another person the dentist's licenseor diploma to be used as a license or diploma for the other person;
(iii) Unprofessional conduct as defined in rules and regulationsof the board;
(iv) Advertising or soliciting patients, in any form ofcommunication, in a manner that is false or misleading in any material respect;
(v) Being unfit or incompetent to practice dentistry for anyreason, including but not limited to:
(A) Inability to practice dentistry with reasonable skill andsafety because of physical or mental disability or the use of alcohol,prescription drugs, nonprescription drugs or other psychoactive substance;
(B) Performance of unsafe dental practice or failure to conformto the standards of acceptable professional dental practice, whether or notactual injury results.
(vi) Professional discipline by a professional licensing boardin any jurisdiction;
(vii) Fraud, deceit or misrepresentation in providing anyinformation or record to the board; or
(viii) Willful violation of any provisions of this act or rulesand regulations of the board.
(b) The proceedings under this section may be taken by theboard from matters within its knowledge or upon information from another. Ifthe informant is a member of the board, the other members of the board shalljudge the accused. All complaints shall be in writing, verified by some partyfamiliar with the facts alleged or by additional information or data whichsupports the complaint and shall be filed with the board. Upon receiving thecomplaint, the board shall proceed as in a contested case under the WyomingAdministrative Procedure Act and rules and regulations of the board. Uponrevocation of any license, the fact shall be noted upon the records of theboard and the license shall be marked cancelled upon the date of itsrevocation.
(c) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-15-113. Repealed By Laws 2007, Ch. 210, 3.
33-15-114. Persons deemed to be practicing dentistry; workauthorizations from licensed dentist.
(a) Except as provided by paragraph (xii) of this subsection,any person is deemed to be practicing dentistry within the meaning of this act:
(i) Who performs, or attempts, or advertises to perform, orcauses to be performed by the patient or any other person, or instructs in theperformance of any dental operation or oral surgery or dental service of anykind gratuitously or for a salary, fee, money or other remuneration paid, or tobe paid, directly or indirectly, to himself or to any other person or agency;
(ii) Who is a manager, proprietor, operator or a conductor of aplace where dental operations, oral surgery or dental services are performed;
(iii) Who directly or indirectly by any means or methodfurnishes, supplies, constructs, reproduces or repairs any prosthetic denture,bridge, appliance or other structure to be worn in the human mouth, or placessuch appliance or structure in the human mouth or attempts to adjust the same;
(iv) Who advertises to the public by any method to furnish,supply, construct, reproduce or repair any prosthetic denture, bridge,appliance or other structure to be worn in the human mouth;
(v) Who diagnoses or professes to diagnose, prescribes for orprofesses to prescribe for, treats or professes to treat disease, pain,deformity, deficiency, injury or physical condition of human teeth or jaws, oradjacent structure;
(vi) Who extracts or attempts to extract human teeth, orcorrects or professes to correct malpositions of teeth or of the jaw;
(vii) Who gives or professes to give interpretations or readingsof dental radiographs;
(viii) Who administers an anesthetic of any nature in connectionwith dental operations;
(ix) Who uses the words "dentist", "dentalsurgeon" or "oral surgeon", the letters "D.D.S.","D.M.D." or any other words, letters, title or descriptive matterwhich in any way represents him as being able to diagnose, treat, prescribe oroperate for any disease, pain, deformity, deficiency, injury or physicalcondition of human teeth or jaws, or adjacent structures;
(x) Who states or advertises or permits to be stated throughany medium of communication that the licensee can perform or will attempt toperform dental treatment or render a diagnosis in connection therewith; or
(xi) Who engages in any of the practices included in thecurriculum of an approved dental college;
(xii) A dental laboratory or dental technician is not practicingdentistry within the meaning of this act when engaged in the construction,making, alteration or repairing of bridges, crowns, dentures or otherprosthetic or surgical appliances, or orthodontic appliances if the casts ormolds or impressions upon which the work is constructed have been made by aregularly licensed and practicing dentist, and if all crowns, bridges, denturesor prosthetic appliances, surgical appliances or orthodontic appliances arereturned to the dentist upon whose order the work is constructed.
(b) Any licensed dentist who employs or engages the service ofany person, firm or corporation to construct, reproduce, make, alter or repairbridges, crowns, dentures or other prosthetic, surgical or orthodonticappliances shall furnish the person with a written work authorization on formsprescribed by the board, which contain:
(i) The name and address of the person to whom the workauthorized is directed;
(ii) The patient's name or identification number, but if only anumber is used the patient's name shall be written upon the duplicate copy ofthe work authorization retained by the dentist;
(iii) The date on which the work authorization was written;
(iv) A description of the work to be done, including diagrams,if necessary;
(v) A specification of the type and quality of the material tobe used;
(vi) The signature of the dentist and the number of his licenseto practice dentistry.
(c) The person, firm or corporation receiving a workauthorization from a licensed dentist shall retain the original workauthorization and the dentist shall retain the duplicate copy for inspection atany reasonable time by the board or its authorized agents for two (2) yearsfrom date of issuance.
33-15-115. Persons to whom chapter inapplicable.
(a) Nothing in this act contained applies:
(i) To a legally qualified medical doctor;
(ii) To a legally qualified dental hygienist or dentist engaged infull-time duties with the United States armed forces, public health service,veterans administration or other federal agencies;
(iii) To a legally qualified dental hygienist or dentist ofanother state making a clinical demonstration before a meeting of dentists ordental auxiliaries; or
(iv) To dental and dental hygiene students actively enrolled inany American Dental Association accredited dental educational programperforming services as a part of the curriculum of that program under thedirect supervision of a Wyoming licensed dentist or Wyoming licensed dentalhygienist instructor.
33-15-116. Certain persons prohibited from soliciting patronage ofgeneral public.
Noperson engaged in business of constructing, altering or repairing bridges,crowns, dentures or other prosthetic appliances, surgical appliances ororthodontic appliances shall directly or indirectly solicit the patronage ofthe general public.
33-15-117. Dental laboratory technicians.
Dentistsmay employ one (1) or more dental laboratory technicians who work only underthe direction and supervision of the dentist and who shall not be permittedunder any circumstances to do any work upon any patient. Dental laboratorytechnicians shall not be allowed to do laboratory work of any kind except atthe direction of dentists duly licensed to practice, and then only upon writtenprescription issued by the dentists.
33-15-118. Repealed by Laws 1981, ch. 172, 3.
33-15-119. Dental hygienists; generally.
Anydentist authorized to practice dentistry within the state may employ dentalhygienists who shall be examined and possess the qualifications provided inthis act. A dental hygienist may perform any services for a patient which areconsistent with what dental hygienists are trained to do in accredited dentalhygiene schools accredited by the commission on dental accreditation of theAmerican Dental Association. Hygienists shall not perform any other operationon the teeth or mouth and shall be regulated by the rules and regulationspromulgated by the board. The above services shall be performed under thesupervision of a licensed dentist. Dental hygienists shall practice in theoffice of any licensed dentist, or in any public or private institution underthe supervision of a licensed dentist. The board may revoke or suspend thelicense of any dentist who permits any dental hygienist operating under hissupervision to perform any operations or functions other than those permittedunder this act.
(a) Any person of good moral character who is a graduate of adental hygiene program accredited by the commission on dental accreditation ofthe American Dental Association, who has passed in a manner satisfactory to theboard the dental hygiene national board examination administered by the jointcommission on national dental examinations of the American Dental Associationand who passes any clinical board accepted by the board may apply to the boardto have the person's qualifications considered for licensure to practice dentalhygiene. Applicants shall be required to pass a written examinationsatisfactory to the board.
(b) If the applicant fails the board examination three (3)times, he shall show evidence of additional education to the satisfaction ofthe board before reexamination.
(c) If the applicant successfully completes the requirementsfor licensure, the applicant shall be licensed as a dental hygienist. If theexpanded duties applicant has successfully met the requirements for expandedduties, the applicant shall be certified in those expanded duties. Thecertificate issued by the board shall list the expanded duties which thehygienist is qualified and permitted to perform. On or before December 31 eachyear, each dental hygienist licensed to practice dental hygiene and wishing tocontinue in the practice of dental hygiene shall submit a license renewalapplication with the applicable renewal fee. The renewal certificate shall bemade available to the supervising dentist. Any license granted by the boardshall be cancelled after ten (10) days notice by registered mail if the holderfails to secure the renewal certificate within three (3) months after December31 each year. Any license cancelled may be restored by the board upon paymentof a fee set by the board, if paid by December 31 of the year the license wascancelled.
(d) Any dental hygienist whose application for renewalindicates that the hygienist has not actively practiced dental hygiene orengaged in teaching dental hygiene for the preceding five (5) years shall beissued a renewal certificate only after demonstrating to the board that thehygienist has maintained the qualifications set forth in this act. The boardmay require reexamination if it finds good cause to believe that the person hasnot maintained the professional ability and knowledge required of an originallicensee under this act.
(e) The board shall promulgate reasonable rules and regulationsfor the licensure of dental hygienists and the practice of dental hygiene, andmay prescribe continuing education requirements for renewal certificates andrelicensure.
33-15-121. Grounds and proceedings for suspension of, revocation of, orrefusal to renew license.
(a) The board may refuse to issue or renew, or may suspend orrevoke, the license of any dental hygienist for any of the following causes:
(i) Conviction of, entry of a plea of nolo contendere to orentry of a deferred prosecution agreement pursuant to W.S. 7-13-301 to a felonyor misdemeanor that relates adversely to the practice of dental hygiene or theability to practice dental hygiene;
(ii) Unprofessional conduct, as defined in rules and regulationsof the board;
(iii) Advertising or soliciting patients, in any form ofcommunication, in a manner that is false or misleading in any material respect;
(iv) Renting or loaning to another person the hygienist'slicense or diploma to be used as a license or diploma for the other person;
(v) Being unfit or incompetent to practice dental hygiene forany reason, including but not limited to:
(A) Inability to practice dental hygiene with reasonable skilland safety because of physical or mental disability or the use of alcohol,prescription drugs, nonprescription drugs or other psychoactive substance; or
(B) Performance of unsafe dental hygiene practice or failure toconform to the standards of acceptable professional dental hygiene practice,whether or not actual injury results.
(vi) Professional discipline by a professional licensing boardin any jurisdiction;
(vii) Fraud, deceit or misrepresentation in providing anyinformation or record to the board; or
(viii) For willful violation of any provision of this act or rulesand regulations of the board.
(b) All proceedings by the board pursuant to subsection (a) ofthis section shall be as set forth in W.S. 33-15-112(b) for the revocation orsuspension of a dentist's license.
(c) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-15-122. Repealed By Laws 2007, Ch. 210, 3.
33-15-123. Duties of other dental auxiliary.
Dutiesof all other dental auxiliary personnel not mentioned in this act shall be setand governed by the rules and regulations of the board.
33-15-124. Violations.
Anyperson who practices dentistry without being properly qualified and licensed,or who violates any provisions of this act is subject to a fine not to exceedone thousand dollars ($1,000.00), or imprisonment not more than two (2) yearsin the penitentiary, or both. Each separate violation of this act constitutes aseparate offense.
33-15-125. Repealed by Laws 1981, ch. 172, 3.
33-15-126. Regulation of proceedings relating to revocation orsuspension of licenses.
Allproceedings before the board relating to the revocation or suspension oflicenses shall be conducted according to the Wyoming Administrative ProcedureAct, except appeals under the Wyoming Administrative Procedure Act shall not beallowed for revocations, suspensions or other restrictions imposed on licensespursuant to W.S. 33-15-112(c) or 33-15-121(c).
33-15-127. Action for injunction.
Theboard in its own name may bring an action for an injunction, and courts of thisstate may enjoin any person from violation of this act. Such proceedings shallbe prosecuted by the attorney general's office or by private counsel.
33-15-128. Definitions.
(a) As used in this act:
(i) "Board" means the Wyoming board of dentalexaminers established by this act;
(ii) "Dentistry" means the healing art practiced by adentist which is concerned with the examination, diagnosis, treatment, planningand care of conditions within the human oral cavity and its adjacent tissuesand structures;
(iii) "Dentist" means a person who performs anyintraoral and extraoral procedure required in the practice of dentistry and towhom is reserved:
(A) The responsibility for final diagnosis of conditions withinthe human mouth and its adjacent tissues and structures;
(B) The responsibility of the final treatment plan of anydental patient;
(C) The responsibility for prescribing drugs which are administeredto patients in the practice of dentistry;
(D) The responsibility for overall quality of patient carewhich is rendered or performed in the practice of dentistry regardless ofwhether the care is rendered personally by the dentist or by a dentalauxiliary; and
(E) Other specific services within the scope of the practice ofdentistry.
(iv) "Dental" means pertaining to dentistry;
(v) "Dental hygienist" means a person who issupervised by a dentist and is licensed to render the educational, preventiveand therapeutic dental services defined in this act, as well as any extraoralprocedure required in the practice of a dental hygienist's duties;
(vi) "Dental assistant" means a person who issupervised by a dentist and renders assistance to a dentist, dental hygienist,dental technician or another dental assistant as described in this act;
(vii) "Dental laboratory" means an enterprise engagedin making, repairing, providing or altering oral prosthetic appliances andother artificial materials and devices which are returned to the dentist andinserted into the human mouth or which come into contact with its adjacentstructures and tissues;
(viii) "Dental laboratory technician" means a personwho, at the direction of a licensed dentist, makes, provides, repairs or altersoral prosthetic appliances and other artificial devices which are inserted intothe human mouth or which come into contact with the human mouth and itsadjacent tissues and structures. A dental technician is a dental prostheticauxiliary working under the supervision of a licensed dentist;
(ix) "Dental auxiliary" means any person who worksunder the supervision of a dentist and who provides dental care services to apatient;
(x) "Supervision" of a dental auxiliary means the actof directing or overseeing duties performed by a dental auxiliary, as definedby rules and regulations of the board;
(xi) Repealed By Laws 2007, Ch. 210, 3.
(xii) "Proprietor" includes any person who:
(A) Employs dentists, dental hygienists or dental auxiliariesin the operation of a dental office, except as defined in this act; or
(B) Places in the possession of a dentist, dental hygienist ordental auxiliary or other agent such dental material or equipment as may benecessary for the management of a dental office on the basis of a lease or anyother agreement for compensation for the use of such material, equipment oroffices; or
(C) Retains the ownership or control of dental equipment ormaterial or office and makes the same available in any manner for the use bydentists, dental hygienists, dental auxiliaries or any other agents, exceptingthat nothing in this subparagraph shall apply to bona fide sales of dentalequipment or material secured by a chattel mortgage or retain-title agreementor the loan of articulators.
(xiii) "Expanded duties" means those patient's serviceswhich are beyond those regularly practiced by dental hygienists or dentaltechnicians or other dental auxiliary functions and which require additionaleducation which shall be approved by the board of dental examiners of Wyomingand are to be performed under the direct supervision of a licensed dentist;
(xiv) "Specialty" means a special area of dentalpractice for ethical specialty announcement and limitation of practice whichare dental public health, endodontics, oral pathology, oral and maxillofacialsurgery, orthodontics, pediatric dentistry, periodontics, prosthodontics, oraland maxillofacial radiology and any other specialty area recognized by the boardof dental examiners of Wyoming;
(xv) "Radiograph" means the film used with an x-raymachine and includes the product of a film exposed by an x-ray machine;
(xvi) "X-ray machine" means an assemblage of componentsfor the controlled production of x-rays. It includes at a minimum an x-rayhigh voltage generator, an x-ray control, a tube housing assembly, a beamlimiting device and the necessary supporting structures;
(xvii) "This act" means W.S. 33-15-101 through 33-15-133and may be cited as the "Wyoming Dental Practice Act".
33-15-129. Radiograph use permits.
(a) Any dental assistant who places or exposes radiographsshall hold a radiograph use permit.
(b) Any licensed dentist using an x-ray machine shall have thatmachine inspected by a qualified radiation expert periodically as determined bythe board.
(c) The board shall promulgate reasonable rules and regulationsnecessary for granting or revoking a radiograph use permit and for inspectionof x-ray machines.
33-15-130. General anesthesia or parenteral sedation permit.
(a) Any dentist licensed under this act who administers generalanesthesia or parenteral sedation shall apply for and receive a generalanesthesia or parenteral sedation permit. The permit shall be issued to a licenseddentist who passes an appropriate examination and has the necessary equipmentas defined by the board.
(b) The board shall provide for the inspection of theanesthesia and sedation equipment of permitted dentists on a regular basis toinsure the equipment is of the appropriate type and is in working order.
(c) Any dentist using general anesthesia or parenteral sedationwithout a permit may have his license revoked or suspended.
(d) The board shall promulgate reasonable rules and regulations,including establishing examination fees, as necessary to carry out thissection.
33-15-131. Dentist and dental hygienist volunteer license.
(a) As used in this section:
(i) "Low income uninsured person" means a person whomeets all of the following requirements:
(A) The person's income is not greater than two hundred percent(200%) of the current poverty level as defined by federal law, as amended;
(B) The person currently is not receiving medical, disabilityor other assistance under any federal or state government health care program;and
(C) Either of the following applies:
(I) The person is not a policyholder, certificate holder,insured, contract holder, subscriber, enrollee, member, beneficiary or othercovered individual under a health insurance or health care policy, contract orplan; or
(II) The person is a policyholder, certificate holder, insured,contract holder, subscriber, enrollee, member, beneficiary or other coveredindividual under a health insurance or health care policy, contract or plan,but the insurer, policy, contract or plan denies coverage or is the subject ofinsolvency or bankruptcy proceedings in any jurisdiction.
(ii) "Nonprofit health care facility" means acharitable nonprofit corporation or association organized and operated undertitle 17, chapter 19 or 22 of the Wyoming statutes, or any charitableorganization not organized and not operated for profit, that provides healthcare services to low income uninsured persons, except that "health carefacility" does not include a hospital, including a swing bed hospital,facility or center defined under W.S. 35-2-901 or any other medical facilitythat is operated for profit.
(b) For purposes of this section, a person shall be consideredretired from practice if the person's license or certificate has expired.
(c) The state board of dental examiners may issue, with orwithout examination, a volunteer's certificate to a person who is retired frompractice so that the person may provide dental services to low income uninsuredpersons at nonprofit health care facilities. The board shall deny issuance of avolunteer's certificate to a person who is not qualified under this section tohold a volunteer's certificate.
(d) An application for a volunteer's certificate shall includeall of the following:
(i) A copy of the applicant's dentistry or dental hygienistdegree;
(ii) One (1) of the following, as applicable:
(A) A copy of the applicant's most recent license orcertificate authorizing the practice of dentistry or dental hygiene issued by ajurisdiction in the United States that licenses persons to practice dentistryor dental hygiene; or
(B) A copy of the applicant's most recent license equivalent toa license to practice dentistry or dental hygiene in one (1) or more branchesof the United States armed services that the United States government issued.
(iii) Evidence of one (1) of the following, as applicable:
(A) That the applicant has maintained for at least ten (10)years immediately prior to retirement full licensure in good standing in anyjurisdiction in the United States that licenses persons to practice as adentist or dental hygienist; or
(B) That the applicant has practiced for at least ten (10)years immediately prior to retirement in good standing as a dentist or dentalhygienist in one (1) or more of the branches of the United States armedservices; and
(iv) A notarized statement from the applicant, on a formprescribed by the board, that the applicant:
(A) Will not accept any form of remuneration for any dental ordental hygiene services rendered while in possession of a volunteer'scertificate;
(B) Will devote his practice exclusively and totally toproviding dental or dental hygiene services to low income uninsured persons ata nonprofit health care facility in this state; and
(C) Will provide any other documentation that the boardreasonably may require.
(e) The holder of a volunteer's certificate may provide dentalor dental hygiene services only on the premises of a nonprofit health carefacility in this state and only to low income uninsured persons. The holdershall not accept any form of remuneration for providing dental or dentalhygiene services while in possession of the certificate. The board may revoke avolunteer's certificate on receiving proof satisfactory to the board that theholder has engaged in practice in this state outside the scope of thecertificate.
(f) A volunteer's certificate shall be valid for a period ofone (1) year, unless earlier revoked under subsection (e) of this section orpursuant to title 33, chapter 15 of the Wyoming statutes. A volunteer'scertificate may be renewed upon the application of the holder. The board shallmaintain a register of all persons who hold volunteer's certificates. The boardshall not charge a fee for issuing or renewing a certificate pursuant to thissection.
(g) To be eligible for renewal of a volunteer's certificate,the holder of the certificate shall certify to the board completion of anycontinuing education required under this act as if the holder of thecertificate were in active practice. The board shall not renew a certificate ifthe holder has not complied with the continuing education requirements. Thenonprofit health care facility in which the holder provides dental or dentalhygiene services may pay for or reimburse the holder for any costs incurred inobtaining the required continuing education.
(h) The board shall issue to each person who qualifies underthis section a volunteer's certificate that states the certificate holder isauthorized to provide dental or dental hygiene services pursuant to the laws ofthis state.
(j) Except as provided in this section, any person holding avolunteer's certificate issued by the board under this section shall be subjectto the requirements of this act and the jurisdiction of the board as if he werelicensed to practice dentistry or dental hygiene under this act.
(k) The board shall adopt rules to administer and enforce thissection.
33-15-132. Immunity from personal liability.
(a) Members, agents and employees of the board and any personreporting information to the board under oath shall be immune from personalliability with respect to acts done and actions taken in good faith withoutfraud or malice.
(b) The immunity provided by this section shall extend to themembers of any professional review committee, investigators and witnessesappearing before the board.
33-15-133. Temporary educator's license.
(a) A temporary license may be issued to any dentist or dentalhygienist who has applied for licensure and who exhibits good standing inanother jurisdiction of the United States or Canada and has qualified for therequirements to be employed as an instructor at a dental hygiene school.
(b) The temporary educator's license shall be valid only untilthe meeting of the board at which the educator's application for standardlicensure is considered.
(c) The temporary educator license does not permit the licenseeto practice outside of the educational institution at which the licensee isemployed as an instructor.
(a) The board shall carry out the purposes and enforce theprovisions of this act. The board shall consist of six (6) members appointed bythe governor with the advice and consent of the state senate. Appointments madebetween sessions of the legislature shall be made in accordance with W.S.28-12-101. The interim appointments are not considered a term for the purposesof subsection (c) of this section, relating to reappointment to the board.
(b) The term for board members is four (4) years, and expireson March 1. Effective July 1, 1979, appointments and terms shall be inaccordance with W.S. 28-12-101 through 28-12-103.
(c) No person is eligible to membership on the board who is notlegally qualified to practice; who has not engaged in the active practice ofdentistry in the state of Wyoming for at least five (5) continuous yearsimmediately prior to appointment; who does not at the time of his appointmenthold a certificate entitling him to practice dentistry in the state of Wyoming;and who is not a resident of the state of Wyoming. One (1) appointed member ofthe board shall be a dental hygienist who has the qualifications provided inthis act. No member shall succeed himself in office for more than two (2)successive terms.
(d) Any vacancy upon the board caused by the resignation, deathor removal of a member shall be filled by the governor by appointment for theunexpired term of that member. Any appointment to fill a vacancy shall be madewithin ninety (90) days after the vacancy occurs.
(e) Appointments by the governor to the board shall be madefrom a list of recommended names submitted by the Wyoming Dental Associationand Wyoming Dental Hygiene Association as follows:
(i) The Wyoming Dental Association shall, through itssecretary, present to the governor within fifteen (15) days after its regularannual meeting a list of the names of not less than ten (10) candidates fromwhich appointments for vacancies on the board occurring during the ensuing yearshall be made; and
(ii) The Wyoming Dental Hygiene Association shall, through itssecretary, present to the governor within fifteen (15) days after its regularannual meeting a list of not less than three (3) candidates from whichappointments for vacancies on the board occurring during the ensuing year shallbe made.
(f) Each member of the board shall, before entering upon theduties of his office, take and subscribe an oath or affirmation that he willsupport the constitution and the laws of the United States and the state ofWyoming, and that he will faithfully perform the duties as a member of theboard.
(g) Repealed By Laws 2007, Ch. 210, 3.
33-15-102. Board of dental examiners; officers; seal; meetings; quorum.
(a) The board shall elect from its members a president,vice-president and a secretary-treasurer. The board shall have a common seal.The board shall meet in June each year, and more often if necessary, at suchtimes and places designated by the president and the board. The meeting of theboard shall be at the call of the president and the secretary-treasurer. Five(5) days notice shall be given by the secretary-treasurer to all board membersof the time and place of the meeting. A majority of the board constitutes aquorum.
(b) Repealed by Laws 1981, ch. 172, 3.
33-15-103. Board of dental examiners; removal of members.
Thegovernor may remove any member as provided in W.S. 9-1-202 or for discontinuedresidence in Wyoming.
33-15-104. Board of dental examiners; indebtedness; compensation.
Theboard shall not create any indebtedness on behalf of the state of Wyoming,except as provided in this section. Out of the funds assessed by the board,each of the members of the board shall receive compensation for each day orpart of a day in which they are engaged in performance of their officialduties, including necessary travel, at the same rate as state legislators andshall be reimbursed for actual and necessary expenses, and mileage incurred inthe performance of their official duties. The secretary of the board shallreceive compensation for his services.
33-15-105. Disposition of monies received and collected under provisionsof chapter; report.
(a) All monies shall be received and collected as provided bylaw. The state treasurer shall place the money in a separate account, whichshall only be paid out upon an authorized voucher duly verified by the boardpresident and signed by the president and either the secretary of the board, orhis designee, showing that the expenditure is a necessary expense and has beenactually and properly incurred by the board. Upon presentation of the voucher,the auditor shall draw the warrant upon the treasurer but no warrant shall bedrawn unless and until there are sufficient monies in the account to pay sameand the expenses of the board shall not be charged upon any other state fund oraccount. Any money on hand at the dissolution of the board or the repeal ofthis act shall be paid to the credit of the common school permanent land fundaccount.
(b) The board shall report annually to the governor respectingall activities, as required by W.S. 9-2-1014.
33-15-106. Determination of fees.
Theboard shall establish fees by rule and regulation for the issuance of licensesand administration of examinations pursuant to this act.
33-15-107. Sale of license.
Anymember of the board who sells or offers to sell any license, or modify scoringor grading of a test to issue a license is subject to prosecution under W.S.6-5-102.
(a) Any person of good moral character, who has graduated andattained the degree of doctor of dental surgery or doctor of dental medicinefrom a college or university in the United States or Canada accredited by thecommission on dental accreditation of the American Dental Association, mayapply to the board to have the applicant's qualifications considered forlicensure to practice dentistry. The applicant shall pass a written andpractical examination in a manner satisfactory to the board. The writtenexamination shall consist of part I and part II of the national board of dentalexaminations administered by the joint commission on national dentalexaminations of the American Dental Association and an examination on theWyoming Dental Practice Act and the rules and regulations of the board ofdental examiners. The clinical practical examination shall be based onsatisfactory completion of a clinical examination acceptable to the board.
(b) The board shall set the examination fee and allreexamination fees shall be the same as the current fee for the initialexamination. Fees shall be paid to the board office before the examination.The fee shall be paid by money order, cashier's check or certified check, andin no case shall the fee be refunded.
(c) The applicant shall be informed in writing by certifiedmail of the results of his examination within thirty (30) days after theexamination.
(d) Repealed By Laws 2009, Ch. 181, 2.
(e) If the applicant fails the board examination three (3)times, he shall show evidence of additional education to the satisfaction ofthe board before he may be reexamined.
(f) The board shall keep a record book in which is recorded thenames and addresses of all applicants and such other matters as affords a fullrecord of the actions of the board. The records or transcripts of the records,duly certified by the president and secretary of the board with the seal of theboard attached, is prima facie evidence before all courts of this state of theentries therein.
(g) The board shall make and prescribe all reasonable rules forits government and for the conduct of its business.
(h) The board may make and prescribe rules and regulations forthe licensure and practice of dentistry in the state of Wyoming, notinconsistent with this act. For purposes of this subsection, "practice ofdentistry" includes the work of dental hygienists, dental auxiliaries,dental technicians and dental laboratories.
33-15-109. Renewal license certificate.
(a) On or before December 31 each year, each dentist licensedto practice dentistry in this state and wishing to continue in the practice ofdentistry shall submit a license renewal application with the applicablerenewal fee. Any license granted by the board shall be cancelled after ten(10) days notice by registered mail if the holder fails to secure the renewalcertificate within three (3) months after December 31 each year.
(b) Any dentist whose application for renewal indicates thatthe dentist has not actively practiced dentistry or engaged in teachingdentistry or dental hygiene for the preceding five (5) years shall be issued arenewal certificate only after demonstrating to the board that the dentist hasmaintained the qualifications set forth in this act. The board may requirereexamination if it finds good cause to believe that the person has notmaintained the professional ability and knowledge required of an originallicensee.
(c) The board may set continuing education requirements forrenewal certificates and relicensure certificates.
33-15-110. Certificate entitles dentist to practice in any county; lostcertificates.
Thecertificate provided for in this act entitles the holder to practice dentistryin any county in Wyoming. The board, upon satisfactory proof of loss of thecertificate issued under this act, shall issue a new certificate. The cost ofreplacement shall be determined by the board and paid by the person requestingreplacement.
33-15-111. List of licensees filed with board office.
Theboard shall annually publish a list of all dentists and dental hygienistslicensed under this act. The list shall contain the name and address of eachdentist and dental hygienist and such other information as the board deemsadvisable. The board office shall furnish copies to the public upon request orby access to the board's website.
33-15-112. Grounds and procedure for revocation or suspension oflicense.
(a) The board may refuse to issue or renew a license, maysuspend or revoke a license, may reprimand, restrict or impose conditions onthe practice of a dentist for any one (1) or more of the following causes:
(i) Conviction of, entry of a plea of nolo contendere to orentry of a deferred prosecution agreement pursuant to W.S. 7-13-301 to a felonyor misdemeanor that relates adversely to the practice of dentistry or theability to practice dentistry;
(ii) Renting or loaning to another person the dentist's licenseor diploma to be used as a license or diploma for the other person;
(iii) Unprofessional conduct as defined in rules and regulationsof the board;
(iv) Advertising or soliciting patients, in any form ofcommunication, in a manner that is false or misleading in any material respect;
(v) Being unfit or incompetent to practice dentistry for anyreason, including but not limited to:
(A) Inability to practice dentistry with reasonable skill andsafety because of physical or mental disability or the use of alcohol,prescription drugs, nonprescription drugs or other psychoactive substance;
(B) Performance of unsafe dental practice or failure to conformto the standards of acceptable professional dental practice, whether or notactual injury results.
(vi) Professional discipline by a professional licensing boardin any jurisdiction;
(vii) Fraud, deceit or misrepresentation in providing anyinformation or record to the board; or
(viii) Willful violation of any provisions of this act or rulesand regulations of the board.
(b) The proceedings under this section may be taken by theboard from matters within its knowledge or upon information from another. Ifthe informant is a member of the board, the other members of the board shalljudge the accused. All complaints shall be in writing, verified by some partyfamiliar with the facts alleged or by additional information or data whichsupports the complaint and shall be filed with the board. Upon receiving thecomplaint, the board shall proceed as in a contested case under the WyomingAdministrative Procedure Act and rules and regulations of the board. Uponrevocation of any license, the fact shall be noted upon the records of theboard and the license shall be marked cancelled upon the date of itsrevocation.
(c) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-15-113. Repealed By Laws 2007, Ch. 210, 3.
33-15-114. Persons deemed to be practicing dentistry; workauthorizations from licensed dentist.
(a) Except as provided by paragraph (xii) of this subsection,any person is deemed to be practicing dentistry within the meaning of this act:
(i) Who performs, or attempts, or advertises to perform, orcauses to be performed by the patient or any other person, or instructs in theperformance of any dental operation or oral surgery or dental service of anykind gratuitously or for a salary, fee, money or other remuneration paid, or tobe paid, directly or indirectly, to himself or to any other person or agency;
(ii) Who is a manager, proprietor, operator or a conductor of aplace where dental operations, oral surgery or dental services are performed;
(iii) Who directly or indirectly by any means or methodfurnishes, supplies, constructs, reproduces or repairs any prosthetic denture,bridge, appliance or other structure to be worn in the human mouth, or placessuch appliance or structure in the human mouth or attempts to adjust the same;
(iv) Who advertises to the public by any method to furnish,supply, construct, reproduce or repair any prosthetic denture, bridge,appliance or other structure to be worn in the human mouth;
(v) Who diagnoses or professes to diagnose, prescribes for orprofesses to prescribe for, treats or professes to treat disease, pain,deformity, deficiency, injury or physical condition of human teeth or jaws, oradjacent structure;
(vi) Who extracts or attempts to extract human teeth, orcorrects or professes to correct malpositions of teeth or of the jaw;
(vii) Who gives or professes to give interpretations or readingsof dental radiographs;
(viii) Who administers an anesthetic of any nature in connectionwith dental operations;
(ix) Who uses the words "dentist", "dentalsurgeon" or "oral surgeon", the letters "D.D.S.","D.M.D." or any other words, letters, title or descriptive matterwhich in any way represents him as being able to diagnose, treat, prescribe oroperate for any disease, pain, deformity, deficiency, injury or physicalcondition of human teeth or jaws, or adjacent structures;
(x) Who states or advertises or permits to be stated throughany medium of communication that the licensee can perform or will attempt toperform dental treatment or render a diagnosis in connection therewith; or
(xi) Who engages in any of the practices included in thecurriculum of an approved dental college;
(xii) A dental laboratory or dental technician is not practicingdentistry within the meaning of this act when engaged in the construction,making, alteration or repairing of bridges, crowns, dentures or otherprosthetic or surgical appliances, or orthodontic appliances if the casts ormolds or impressions upon which the work is constructed have been made by aregularly licensed and practicing dentist, and if all crowns, bridges, denturesor prosthetic appliances, surgical appliances or orthodontic appliances arereturned to the dentist upon whose order the work is constructed.
(b) Any licensed dentist who employs or engages the service ofany person, firm or corporation to construct, reproduce, make, alter or repairbridges, crowns, dentures or other prosthetic, surgical or orthodonticappliances shall furnish the person with a written work authorization on formsprescribed by the board, which contain:
(i) The name and address of the person to whom the workauthorized is directed;
(ii) The patient's name or identification number, but if only anumber is used the patient's name shall be written upon the duplicate copy ofthe work authorization retained by the dentist;
(iii) The date on which the work authorization was written;
(iv) A description of the work to be done, including diagrams,if necessary;
(v) A specification of the type and quality of the material tobe used;
(vi) The signature of the dentist and the number of his licenseto practice dentistry.
(c) The person, firm or corporation receiving a workauthorization from a licensed dentist shall retain the original workauthorization and the dentist shall retain the duplicate copy for inspection atany reasonable time by the board or its authorized agents for two (2) yearsfrom date of issuance.
33-15-115. Persons to whom chapter inapplicable.
(a) Nothing in this act contained applies:
(i) To a legally qualified medical doctor;
(ii) To a legally qualified dental hygienist or dentist engaged infull-time duties with the United States armed forces, public health service,veterans administration or other federal agencies;
(iii) To a legally qualified dental hygienist or dentist ofanother state making a clinical demonstration before a meeting of dentists ordental auxiliaries; or
(iv) To dental and dental hygiene students actively enrolled inany American Dental Association accredited dental educational programperforming services as a part of the curriculum of that program under thedirect supervision of a Wyoming licensed dentist or Wyoming licensed dentalhygienist instructor.
33-15-116. Certain persons prohibited from soliciting patronage ofgeneral public.
Noperson engaged in business of constructing, altering or repairing bridges,crowns, dentures or other prosthetic appliances, surgical appliances ororthodontic appliances shall directly or indirectly solicit the patronage ofthe general public.
33-15-117. Dental laboratory technicians.
Dentistsmay employ one (1) or more dental laboratory technicians who work only underthe direction and supervision of the dentist and who shall not be permittedunder any circumstances to do any work upon any patient. Dental laboratorytechnicians shall not be allowed to do laboratory work of any kind except atthe direction of dentists duly licensed to practice, and then only upon writtenprescription issued by the dentists.
33-15-118. Repealed by Laws 1981, ch. 172, 3.
33-15-119. Dental hygienists; generally.
Anydentist authorized to practice dentistry within the state may employ dentalhygienists who shall be examined and possess the qualifications provided inthis act. A dental hygienist may perform any services for a patient which areconsistent with what dental hygienists are trained to do in accredited dentalhygiene schools accredited by the commission on dental accreditation of theAmerican Dental Association. Hygienists shall not perform any other operationon the teeth or mouth and shall be regulated by the rules and regulationspromulgated by the board. The above services shall be performed under thesupervision of a licensed dentist. Dental hygienists shall practice in theoffice of any licensed dentist, or in any public or private institution underthe supervision of a licensed dentist. The board may revoke or suspend thelicense of any dentist who permits any dental hygienist operating under hissupervision to perform any operations or functions other than those permittedunder this act.
(a) Any person of good moral character who is a graduate of adental hygiene program accredited by the commission on dental accreditation ofthe American Dental Association, who has passed in a manner satisfactory to theboard the dental hygiene national board examination administered by the jointcommission on national dental examinations of the American Dental Associationand who passes any clinical board accepted by the board may apply to the boardto have the person's qualifications considered for licensure to practice dentalhygiene. Applicants shall be required to pass a written examinationsatisfactory to the board.
(b) If the applicant fails the board examination three (3)times, he shall show evidence of additional education to the satisfaction ofthe board before reexamination.
(c) If the applicant successfully completes the requirementsfor licensure, the applicant shall be licensed as a dental hygienist. If theexpanded duties applicant has successfully met the requirements for expandedduties, the applicant shall be certified in those expanded duties. Thecertificate issued by the board shall list the expanded duties which thehygienist is qualified and permitted to perform. On or before December 31 eachyear, each dental hygienist licensed to practice dental hygiene and wishing tocontinue in the practice of dental hygiene shall submit a license renewalapplication with the applicable renewal fee. The renewal certificate shall bemade available to the supervising dentist. Any license granted by the boardshall be cancelled after ten (10) days notice by registered mail if the holderfails to secure the renewal certificate within three (3) months after December31 each year. Any license cancelled may be restored by the board upon paymentof a fee set by the board, if paid by December 31 of the year the license wascancelled.
(d) Any dental hygienist whose application for renewalindicates that the hygienist has not actively practiced dental hygiene orengaged in teaching dental hygiene for the preceding five (5) years shall beissued a renewal certificate only after demonstrating to the board that thehygienist has maintained the qualifications set forth in this act. The boardmay require reexamination if it finds good cause to believe that the person hasnot maintained the professional ability and knowledge required of an originallicensee under this act.
(e) The board shall promulgate reasonable rules and regulationsfor the licensure of dental hygienists and the practice of dental hygiene, andmay prescribe continuing education requirements for renewal certificates andrelicensure.
33-15-121. Grounds and proceedings for suspension of, revocation of, orrefusal to renew license.
(a) The board may refuse to issue or renew, or may suspend orrevoke, the license of any dental hygienist for any of the following causes:
(i) Conviction of, entry of a plea of nolo contendere to orentry of a deferred prosecution agreement pursuant to W.S. 7-13-301 to a felonyor misdemeanor that relates adversely to the practice of dental hygiene or theability to practice dental hygiene;
(ii) Unprofessional conduct, as defined in rules and regulationsof the board;
(iii) Advertising or soliciting patients, in any form ofcommunication, in a manner that is false or misleading in any material respect;
(iv) Renting or loaning to another person the hygienist'slicense or diploma to be used as a license or diploma for the other person;
(v) Being unfit or incompetent to practice dental hygiene forany reason, including but not limited to:
(A) Inability to practice dental hygiene with reasonable skilland safety because of physical or mental disability or the use of alcohol,prescription drugs, nonprescription drugs or other psychoactive substance; or
(B) Performance of unsafe dental hygiene practice or failure toconform to the standards of acceptable professional dental hygiene practice,whether or not actual injury results.
(vi) Professional discipline by a professional licensing boardin any jurisdiction;
(vii) Fraud, deceit or misrepresentation in providing anyinformation or record to the board; or
(viii) For willful violation of any provision of this act or rulesand regulations of the board.
(b) All proceedings by the board pursuant to subsection (a) ofthis section shall be as set forth in W.S. 33-15-112(b) for the revocation orsuspension of a dentist's license.
(c) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-15-122. Repealed By Laws 2007, Ch. 210, 3.
33-15-123. Duties of other dental auxiliary.
Dutiesof all other dental auxiliary personnel not mentioned in this act shall be setand governed by the rules and regulations of the board.
33-15-124. Violations.
Anyperson who practices dentistry without being properly qualified and licensed,or who violates any provisions of this act is subject to a fine not to exceedone thousand dollars ($1,000.00), or imprisonment not more than two (2) yearsin the penitentiary, or both. Each separate violation of this act constitutes aseparate offense.
33-15-125. Repealed by Laws 1981, ch. 172, 3.
33-15-126. Regulation of proceedings relating to revocation orsuspension of licenses.
Allproceedings before the board relating to the revocation or suspension oflicenses shall be conducted according to the Wyoming Administrative ProcedureAct, except appeals under the Wyoming Administrative Procedure Act shall not beallowed for revocations, suspensions or other restrictions imposed on licensespursuant to W.S. 33-15-112(c) or 33-15-121(c).
33-15-127. Action for injunction.
Theboard in its own name may bring an action for an injunction, and courts of thisstate may enjoin any person from violation of this act. Such proceedings shallbe prosecuted by the attorney general's office or by private counsel.
33-15-128. Definitions.
(a) As used in this act:
(i) "Board" means the Wyoming board of dentalexaminers established by this act;
(ii) "Dentistry" means the healing art practiced by adentist which is concerned with the examination, diagnosis, treatment, planningand care of conditions within the human oral cavity and its adjacent tissuesand structures;
(iii) "Dentist" means a person who performs anyintraoral and extraoral procedure required in the practice of dentistry and towhom is reserved:
(A) The responsibility for final diagnosis of conditions withinthe human mouth and its adjacent tissues and structures;
(B) The responsibility of the final treatment plan of anydental patient;
(C) The responsibility for prescribing drugs which are administeredto patients in the practice of dentistry;
(D) The responsibility for overall quality of patient carewhich is rendered or performed in the practice of dentistry regardless ofwhether the care is rendered personally by the dentist or by a dentalauxiliary; and
(E) Other specific services within the scope of the practice ofdentistry.
(iv) "Dental" means pertaining to dentistry;
(v) "Dental hygienist" means a person who issupervised by a dentist and is licensed to render the educational, preventiveand therapeutic dental services defined in this act, as well as any extraoralprocedure required in the practice of a dental hygienist's duties;
(vi) "Dental assistant" means a person who issupervised by a dentist and renders assistance to a dentist, dental hygienist,dental technician or another dental assistant as described in this act;
(vii) "Dental laboratory" means an enterprise engagedin making, repairing, providing or altering oral prosthetic appliances andother artificial materials and devices which are returned to the dentist andinserted into the human mouth or which come into contact with its adjacentstructures and tissues;
(viii) "Dental laboratory technician" means a personwho, at the direction of a licensed dentist, makes, provides, repairs or altersoral prosthetic appliances and other artificial devices which are inserted intothe human mouth or which come into contact with the human mouth and itsadjacent tissues and structures. A dental technician is a dental prostheticauxiliary working under the supervision of a licensed dentist;
(ix) "Dental auxiliary" means any person who worksunder the supervision of a dentist and who provides dental care services to apatient;
(x) "Supervision" of a dental auxiliary means the actof directing or overseeing duties performed by a dental auxiliary, as definedby rules and regulations of the board;
(xi) Repealed By Laws 2007, Ch. 210, 3.
(xii) "Proprietor" includes any person who:
(A) Employs dentists, dental hygienists or dental auxiliariesin the operation of a dental office, except as defined in this act; or
(B) Places in the possession of a dentist, dental hygienist ordental auxiliary or other agent such dental material or equipment as may benecessary for the management of a dental office on the basis of a lease or anyother agreement for compensation for the use of such material, equipment oroffices; or
(C) Retains the ownership or control of dental equipment ormaterial or office and makes the same available in any manner for the use bydentists, dental hygienists, dental auxiliaries or any other agents, exceptingthat nothing in this subparagraph shall apply to bona fide sales of dentalequipment or material secured by a chattel mortgage or retain-title agreementor the loan of articulators.
(xiii) "Expanded duties" means those patient's serviceswhich are beyond those regularly practiced by dental hygienists or dentaltechnicians or other dental auxiliary functions and which require additionaleducation which shall be approved by the board of dental examiners of Wyomingand are to be performed under the direct supervision of a licensed dentist;
(xiv) "Specialty" means a special area of dentalpractice for ethical specialty announcement and limitation of practice whichare dental public health, endodontics, oral pathology, oral and maxillofacialsurgery, orthodontics, pediatric dentistry, periodontics, prosthodontics, oraland maxillofacial radiology and any other specialty area recognized by the boardof dental examiners of Wyoming;
(xv) "Radiograph" means the film used with an x-raymachine and includes the product of a film exposed by an x-ray machine;
(xvi) "X-ray machine" means an assemblage of componentsfor the controlled production of x-rays. It includes at a minimum an x-rayhigh voltage generator, an x-ray control, a tube housing assembly, a beamlimiting device and the necessary supporting structures;
(xvii) "This act" means W.S. 33-15-101 through 33-15-133and may be cited as the "Wyoming Dental Practice Act".
33-15-129. Radiograph use permits.
(a) Any dental assistant who places or exposes radiographsshall hold a radiograph use permit.
(b) Any licensed dentist using an x-ray machine shall have thatmachine inspected by a qualified radiation expert periodically as determined bythe board.
(c) The board shall promulgate reasonable rules and regulationsnecessary for granting or revoking a radiograph use permit and for inspectionof x-ray machines.
33-15-130. General anesthesia or parenteral sedation permit.
(a) Any dentist licensed under this act who administers generalanesthesia or parenteral sedation shall apply for and receive a generalanesthesia or parenteral sedation permit. The permit shall be issued to a licenseddentist who passes an appropriate examination and has the necessary equipmentas defined by the board.
(b) The board shall provide for the inspection of theanesthesia and sedation equipment of permitted dentists on a regular basis toinsure the equipment is of the appropriate type and is in working order.
(c) Any dentist using general anesthesia or parenteral sedationwithout a permit may have his license revoked or suspended.
(d) The board shall promulgate reasonable rules and regulations,including establishing examination fees, as necessary to carry out thissection.
33-15-131. Dentist and dental hygienist volunteer license.
(a) As used in this section:
(i) "Low income uninsured person" means a person whomeets all of the following requirements:
(A) The person's income is not greater than two hundred percent(200%) of the current poverty level as defined by federal law, as amended;
(B) The person currently is not receiving medical, disabilityor other assistance under any federal or state government health care program;and
(C) Either of the following applies:
(I) The person is not a policyholder, certificate holder,insured, contract holder, subscriber, enrollee, member, beneficiary or othercovered individual under a health insurance or health care policy, contract orplan; or
(II) The person is a policyholder, certificate holder, insured,contract holder, subscriber, enrollee, member, beneficiary or other coveredindividual under a health insurance or health care policy, contract or plan,but the insurer, policy, contract or plan denies coverage or is the subject ofinsolvency or bankruptcy proceedings in any jurisdiction.
(ii) "Nonprofit health care facility" means acharitable nonprofit corporation or association organized and operated undertitle 17, chapter 19 or 22 of the Wyoming statutes, or any charitableorganization not organized and not operated for profit, that provides healthcare services to low income uninsured persons, except that "health carefacility" does not include a hospital, including a swing bed hospital,facility or center defined under W.S. 35-2-901 or any other medical facilitythat is operated for profit.
(b) For purposes of this section, a person shall be consideredretired from practice if the person's license or certificate has expired.
(c) The state board of dental examiners may issue, with orwithout examination, a volunteer's certificate to a person who is retired frompractice so that the person may provide dental services to low income uninsuredpersons at nonprofit health care facilities. The board shall deny issuance of avolunteer's certificate to a person who is not qualified under this section tohold a volunteer's certificate.
(d) An application for a volunteer's certificate shall includeall of the following:
(i) A copy of the applicant's dentistry or dental hygienistdegree;
(ii) One (1) of the following, as applicable:
(A) A copy of the applicant's most recent license orcertificate authorizing the practice of dentistry or dental hygiene issued by ajurisdiction in the United States that licenses persons to practice dentistryor dental hygiene; or
(B) A copy of the applicant's most recent license equivalent toa license to practice dentistry or dental hygiene in one (1) or more branchesof the United States armed services that the United States government issued.
(iii) Evidence of one (1) of the following, as applicable:
(A) That the applicant has maintained for at least ten (10)years immediately prior to retirement full licensure in good standing in anyjurisdiction in the United States that licenses persons to practice as adentist or dental hygienist; or
(B) That the applicant has practiced for at least ten (10)years immediately prior to retirement in good standing as a dentist or dentalhygienist in one (1) or more of the branches of the United States armedservices; and
(iv) A notarized statement from the applicant, on a formprescribed by the board, that the applicant:
(A) Will not accept any form of remuneration for any dental ordental hygiene services rendered while in possession of a volunteer'scertificate;
(B) Will devote his practice exclusively and totally toproviding dental or dental hygiene services to low income uninsured persons ata nonprofit health care facility in this state; and
(C) Will provide any other documentation that the boardreasonably may require.
(e) The holder of a volunteer's certificate may provide dentalor dental hygiene services only on the premises of a nonprofit health carefacility in this state and only to low income uninsured persons. The holdershall not accept any form of remuneration for providing dental or dentalhygiene services while in possession of the certificate. The board may revoke avolunteer's certificate on receiving proof satisfactory to the board that theholder has engaged in practice in this state outside the scope of thecertificate.
(f) A volunteer's certificate shall be valid for a period ofone (1) year, unless earlier revoked under subsection (e) of this section orpursuant to title 33, chapter 15 of the Wyoming statutes. A volunteer'scertificate may be renewed upon the application of the holder. The board shallmaintain a register of all persons who hold volunteer's certificates. The boardshall not charge a fee for issuing or renewing a certificate pursuant to thissection.
(g) To be eligible for renewal of a volunteer's certificate,the holder of the certificate shall certify to the board completion of anycontinuing education required under this act as if the holder of thecertificate were in active practice. The board shall not renew a certificate ifthe holder has not complied with the continuing education requirements. Thenonprofit health care facility in which the holder provides dental or dentalhygiene services may pay for or reimburse the holder for any costs incurred inobtaining the required continuing education.
(h) The board shall issue to each person who qualifies underthis section a volunteer's certificate that states the certificate holder isauthorized to provide dental or dental hygiene services pursuant to the laws ofthis state.
(j) Except as provided in this section, any person holding avolunteer's certificate issued by the board under this section shall be subjectto the requirements of this act and the jurisdiction of the board as if he werelicensed to practice dentistry or dental hygiene under this act.
(k) The board shall adopt rules to administer and enforce thissection.
33-15-132. Immunity from personal liability.
(a) Members, agents and employees of the board and any personreporting information to the board under oath shall be immune from personalliability with respect to acts done and actions taken in good faith withoutfraud or malice.
(b) The immunity provided by this section shall extend to themembers of any professional review committee, investigators and witnessesappearing before the board.
33-15-133. Temporary educator's license.
(a) A temporary license may be issued to any dentist or dentalhygienist who has applied for licensure and who exhibits good standing inanother jurisdiction of the United States or Canada and has qualified for therequirements to be employed as an instructor at a dental hygiene school.
(b) The temporary educator's license shall be valid only untilthe meeting of the board at which the educator's application for standardlicensure is considered.
(c) The temporary educator license does not permit the licenseeto practice outside of the educational institution at which the licensee isemployed as an instructor.
