65-1431. Renewal of license; application; continuing education; biennial license renewal fee; cancellation; penalty fee; waiver for retired or disabled persons; examination for persons returning to ac
65-1431
65-1431. Renewal of license; application; continuingeducation; bienniallicense renewal fee; cancellation; penalty fee; waiver forretired or disabled persons; examination for persons returning to activepractice after retirement or disability.(a) Each license to practice as a dentist or dental hygienist issued by theboard, shall expire on December 1 of the year specified by the board for theexpiration of the license and shall be renewed on a biennial basis. Eachapplication for renewal shall be made on a form prescribed and furnished by theboard. Every licensed dentist or dental hygienist shall pay to the board arenewal fee fixed by the board as provided in K.S.A. 65-1447, and amendmentsthereto.
(b) To provide for a staggered system of biennial renewal of licenses, theboard may renew licenses for less than two years.
(c) On or before December 1 ofthe year in which the licensee's license expires, the licenseeshalltransmit to theboard a renewal application, upona form prescribed bythe board, which shall include such licensee's signature, post office address,the number of thelicense of such licensee, whether such licensee has beenengagedduring the preceding licensure period in active and continuous practice whetherwithinor without this state, and such other information as may be required by theboard, together with the biennial licensure fee for a dental hygienist which isfixed by the board pursuant to K.S.A. 65-1447 and amendments thereto.
(d) The board shall require every licensee to submit withtherenewalapplication evidence of satisfactory completion of a program ofcontinuing education required by the board. The board by duly adoptedrules and regulations shall establish the requirements for such programof continuing education as soon as possible after the effective date ofthis act.
(e) Upon fixing the biennial licenserenewal fee, the board shall immediatelynotify all licensees of the amount of the fee for the ensuinglicensure period.Upon receipt of such fee and upon receiptof evidence that the licensee has satisfactorily completed a program ofcontinuing education required by the board, the licensee shall be issueda renewal license authorizing the licensee tocontinue to practicein this state for a period of no more than two years.
(f) (1) Any license granted under authority of this actshallautomaticallybe canceled if the holder thereof fails to apply for and obtain renewalprior to March 1 of the year following the December in whicha renewal application is due.
(2) Any licensee whose license isrequired to be renewed for the next biennial period may obtain renewal,prior to February 1, by submitting to the board the required renewalapplication, payment of the biennial renewal fee and proof that such licenseehas satisfactorily completed a program of continuing education required by theboard. Any licensee whose license is required to be renewed for the nextbiennial period may obtain renewal, between February 1 and March 1, bysubmitting to the board the required renewal application, payment of thebiennial renewal fee, payment of a penalty fee of not to exceed $500 as fixedby rules and regulations by the board and proof that such licensee hassatisfactorily completed a program of continuing education required by theboard.The penalty fee in effect immediately prior to the effective date of thisact shall continue in effect until rules and regulations establishing a penaltyfee under this section become effective.
(g) Upon failure of any licenseeto pay the applicable renewalfee or to present proof of satisfactory completion ofthe required program of continuing education by February 1 of the yearfollowing the December in which arenewal application is due, the board shall notify such licensee, inwriting, bymailing notice to such licensee's last registered address. Failure to mailor receive such notice shall not affect the cancellation of thelicense of such licensee.
(h) The board may waive the payment of biennialfees and the continuingeducation requirements for the renewal of licenseswithout the paymentof any fee for a person who has held a Kansaslicense topractice dentistry or dental hygiene if such licensee has retired from suchpractice or has become temporarily or permanently disabled and such licenseefiles with the board a certificate stating either of the following:
(1) A retiring licensee shall certify to the board that the licensee is notengaged, except as provided inK.S.A. 65-1466 and amendments thereto, in the provision of anydental service, the performance of any dental operation or procedure orthe delivery of any dental hygiene service as defined by the statutes ofthe state of Kansas; or
(2) a disabled licensee shall certify to the board that such licenseeis no longer engaged in the provision of dental services, the performanceof any dental operation or the provision of any dental hygiene servicesas defined by the statutes of the state of Kansas by reason of any physicaldisability, whether permanent or temporary, and shall describe the natureof such disability.
(i) The waiver of fees under subsection (h) shall continuesolong asthe retirement or physical disability exists. Except as provided in K.S.A.65-1466 and amendments thereto, in the event the licenseereturns to the practice for which such person is licensed, the requirementfor payment of fees and continuing education requirements shall be reimposedcommencing with and continuing after the date the licensee returns to suchactive practice. Except as provided in K.S.A. 65-1466 and amendmentsthereto,the performance of any dental service, including consultingservice, or the performance of any dental hygiene service, including consultingservice, shall be deemed the resumption of such service, requiring paymentof license fees.
(j) The Kansas dental board may adopt such rules andregulationsrequiringthe examination and providing means for examination of those persons returningto active practice after a period of retirement or disability as the boardshall deem necessary and appropriate for the protection of the people ofthe state of Kansasexcept that for an applicant to practice dental hygienewho is returning to active practice after a period of retirement or disability,the board shall authorize as an alternative to the requirement for anexamination that the applicant successfully complete a refresher courseas defined by the board in an approved dental hygieneschool.
History: L. 1943, ch. 221, § 15;L. 1953, ch. 289, § 2;L. 1955, ch. 290, § 3;L. 1963, ch. 315, § 1;L. 1974, ch. 251, § 1;L. 1976, ch. 274, § 2;L. 1980, ch. 189, § 3;L. 1983, ch. 209, § 4;L. 1996, ch. 85, § 2;L. 1996, ch. 210, § 3;L. 1999, ch. 34, § 1;L. 1999, ch. 149, § 5;L. 2000, ch. 169, § 7;L. 2001, ch. 155, § 1;L. 2002, ch. 38, § 3;L. 2007, ch. 69, § 1; July 1.