65-1466. Dental services for dentally indigent persons; entities authorized to employ or contract with persons licensed under dental practices act for such services; reports by federally qualified hea
65-1466
65-1466. Dental services for dentally indigentpersons; entitiesauthorized to employ or contract with persons licensed under dental practicesact for such services;reports by federally qualified health centers and clinics employing a nationalhealth service corps dentist;requirements for retired dentists providing suchdental services.(a) (1) Notwithstanding any other provision of the dentalpractices act, a not-for-profit corporation having the status of anorganization under 26 United States Code Annotated 501(c)(3)which is also a facility qualified under subsection (b) of K.S.A. 65-431 andamendments thereto to select and employ professional personnel, anindigenthealth care clinic as defined by the rules and regulations of the secretary ofhealth and environment, or a localhealthdepartment may employ or otherwise contract with a person licensed under thedental practices act to provide dental services to dentally indigent persons.
(2) Notwithstanding any other provision of the dental practices act, afederally qualified health center or national health service corps site mayemploy or otherwise contract with a person licensed under the dental practicesact to provide services to any person except that a federally qualified healthcenter and a clinic employing a national health service corps dentist shallreport annually to the health care reform legislative oversight committeeindicating the income level of their patients and the percentage of patientscovered by dental insurance in the preceding year.
(b) Dentally indigent persons are those persons who are: (1) Determined tobe a member of a family unit earning at or below 200% of poverty incomeguidelines based on the annual update of "poverty income guidelines" publishedin the federal register by the United States department of health and humanservices and are not indemnified against costs arising from dental care by apolicy of accident and sickness insuranceoran employee health benefits plan;or (2) eligible for medicaid; or (3)eligible for the Kansas federal children's health insurance program; or (4)eligible for other publicly funded health care programs as defined by theKansas dental board; or (5)qualified for Indian health services.This subsection shall not be construed to prohibit an entity under subsection(a) which enters into an arrangement with a licensee under the dental practicesact for purposes of providing services to dentally indigent persons pursuant tosubsection (a) from defining "dentally indigent persons" more restrictivelythan such term is defined under this subsection.
(c) A licensee under the dental practices act who enters into anarrangement with an entity under subsection (a) to provide dental servicespursuant to subsection (a): (1) Shall not be subject to having thelicensee'slicense suspended or revoked by the board solely as a resultofsuch arrangement; and (2) may not permitanother person who is not licensed in Kansas as a dentist, and is not otherwisecompetent, to engage in the clinical practice of dentistry. No entity undersubsection (a) or any other person may direct or interfere or attempt to director interfere with a licensed dentist's professional judgment and competentpractice of dentistry.
(d) A dentist who is classified as "retired" by the Kansas dental board isnot required to pay the biennial renewal fee or complywith the dental continuingeducation requirements if the dentist elects to provide dental services to theindigent through one of the entities specified in subsection (a). A "retired"dentist providing such services shall be required to comply with therenewalrequirements of the Kansas dental board.
(e) The Kansas dental board may adopt rules and regulations as necessaryto carry out the provisions of this section, except that no such rule andregulation shall alter or affect the intentofparagraph (2) of subsection (a).
(f) This section shall be part of and supplemental to the dentalpracticesact.
History: L. 1996, ch. 210, § 1;L. 1998, ch. 141, § 4;L. 2000, ch. 169, § 17; July 1.