GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 583

Short Title:  Dental Labs/Dental Technicians.	(Public)
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Sponsors: Senators Sands; Lee, Kaplan, Daniel, Odom, Plexico, Soles, Seymour, Walker, and Allran.
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Referred to:  Judiciary I.
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April 20, 1993

A BILL TO BE ENTITLED
AN ACT TO ASSURE STANDARD INFECTION CONTROL PROCEDURES REGARDING THE INFECTIOUS DISEASES THAT CAN BE TRANSMITTED THROUGH THE FABRICATION OF DENTAL PROSTHETIC APPLIANCES BY REQUIRING THE LICENSURE OF COMMERCIAL DENTAL LABORATORIES AND THE REGISTRATION OF DENTAL LABORATORY TECHNICIANS.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 90 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 16A.
"Commercial Dental Laboratories and Dental
Laboratory Technicians.
"§ 90-233.10.  Definitions.
As used in this Article, unless the context clearly provides otherwise:
(1)	'Board' means the Board of Dental Laboratories and Dental Laboratory Technicians.
(2)	'Certified dental technician'  means a dental technician who is currently certified as a result of passing written and practical examinations and satisfying standards developed or adopted by the Board.
(3)	'Commercial dental laboratory' means a facility owned or operated as a corporation, partnership, or sole proprietorship that is engaged in or undertakes to be engaged in the fabrication, manufacture, or repairing of dental prosthetic appliances on the prescription or work authorization of a licensed dentist or another dental laboratory.  A commercial dental laboratory is not a dental practice laboratory.
(4)	'Dental laboratory technician' means an owner or employee of a commercial dental laboratory charged to fabricate, manufacture, or repair dental prosthetic appliances.
(5)	'Dental practice laboratory' means a laboratory that is located on the same premises as a dental practice, operates under the direct supervision of that licensed dentist, and serves only that licensed dentist's dental practice.
(6)	'Dental prosthetic appliance' means a cast metal appliance, denture, dental crown or cap, dental inlay, dental bridge, dental implant appliance, orthodontic corrective appliance, or other fixed or removable restoration for the oral cavity.
(7)	'Laboratory doing business in this State' means a laboratory preparing a work product pursuant to a prescription or work authorization originating in North Carolina.
(8)	'Licensed dentist' means any person duly licensed to practice dentistry pursuant to Article 2 of this Chapter.
(9)	'Prescription' means a written instrument or work order that has been executed by a licensed dentist and directed to a commercial dental laboratory authorizing the fabrication, manufacture, or repair of a dental prosthetic appliance for the licensed dentist.
(10)	'National Board for Certification in Dental Laboratory Technology, Inc.', means the trust established by the National Association of Dental Laboratories for the purpose of testing and certifying dental laboratory technicians in the following specialties based on written and practical examinations: ceramics, crown and bridge, dentures, partial dentures, and orthodontics.
(11)	'Work authorization' means a written instrument or subwork order that has been executed by a commercial dental laboratory authorized by a prescription whereby a commercial dental laboratory subcontracts all or part of the fabrication, manufacture, or repair of dental prosthetic appliances to another commercial dental laboratory.
"§ 90-233.11.  The Board of Dental Laboratories and Dental Laboratory Technicians.
(a)	The Board of Dental Laboratories and Dental Laboratory Technicians is established for the purposes of assuring the use of standard infection control procedures in commercial dental laboratories by registering dental laboratory technicians, establishing or approving a process of certifying dental laboratory technicians, and licensing qualified commercial dental laboratories operating, doing business, or intending to operate or do business in this State.
(b)	The Board shall consist of five members.  The Governor shall appoint all members to the Board.  At least three members shall be registered certified dental laboratory technicians.  Two members shall be representative of the public.  The Governor shall select the members who must be registered certified dental laboratory technicians from a list provided by the N. C. Dental Laboratory Association, Inc., or any other nonprofit association in North Carolina representing dental laboratory technicians who are certified in accordance with the Board's requirements.  As the terms of the members who must be registered certified dental laboratory technicians expire, applications from eligible registered certified dental laboratory technicians shall be reviewed and nominations made to the Governor not less than two months prior to a vacancy.  The nominations shall consist of at least three names for each vacancy.
(c)	By March 1, 1994, the Governor shall make the initial appointments to the Board.  Two of these members shall serve an initial three-year term, two shall serve an initial two-year term, and one shall serve an initial one-year term.  At least one registered certified dental laboratory technician shall serve during each of these staggered terms.  Subsequent terms shall be three-year terms.  No member shall serve more than three consecutive terms.  The Board shall elect one member to serve as the chair at the Board's pleasure.  In the event of a vacancy among the members, the Governor shall appoint a member to serve the unexpired term from the same category of members as the predecessor member.
(d)	To be eligible for membership on the Board, one must be a United States citizen and a legal resident of North Carolina.  Subject to subsection (f) of this section, a registered certified dental laboratory technician is eligible to serve on the Board if the technician:
(1)	Is the owner, officer, manager, or employee of a licensed commercial dental laboratory located in the State; and
(2)	Has a minimum of five years experience as a certified dental laboratory technician.
(e)	The Board shall determine the time and place of its meetings, so long as it meets at least twice each year.  A meeting shall be called by a majority of the Board.  Notice of all meetings shall be given to all Board members not less than seven days before any meeting.  A majority of the members of the Board shall constitute a quorum for the transaction of business.
(f)	A certified dental laboratory technician is eligible to serve during an initial term of the Board even though the dental laboratory technician is not registered and the commercial dental laboratory for which the technician is an owner, officer, manager, or employee is not licensed under this Article.
"§ 90-233.12.  Duties and powers of the Board.
(a)	The duties of the Board shall include, but not be limited to:
(1)	Establishing or adopting standard infectious disease controls that reduce the possibility of cross contamination among dental prosthetic appliances and contamination of employees by infectious diseases.
	(2)	Providing for on-site inspections of licensed commercial dental laboratories to ensure compliance with all standard infection control procedures or any other requirements for licensure.
(3)	Reviewing licensure applications for new licenses and license renewals submitted by commercial dental laboratories to determine if the applicant meets the requirements of this Article.
(4)	Issuing licenses to commercial dental laboratories that meet the requirements of this Article and annually renewing licenses for a laboratory that applies for renewal and continues to meet the requirements of this Article.
(5)	Providing, on an annual basis, each dentist licensed in the State with a list of licensed commercial dental laboratories, including the name and address of the commercial dental laboratory, its license number, and any other information the Board determines is necessary.
(6)	Reviewing applications for initial registration and annual registration renewals of dental laboratory technicians.
(7)	Issuing certificates of registration to dental laboratory technicians and renewed certificates of registration.
(8)	Examining and certifying dental laboratory technicians, or in lieu thereof, specifying standards and requirements of certification of dental laboratory technicians.
(9)	Establishing or adopting criteria for continuing education in dental laboratory technology.
(10)	Adopting rules to implement this Article, including, but not limited to, rules regarding:
a.	Procedures and qualifications for licensing dental laboratories;
b.	Procedures and qualifications for registering dental laboratory technicians;
c.	Procedures, qualifications, examinations, and standards for certifying dental laboratory technicians;
d.	Fee schedules for licensing and registration under this Article, including fees for duplicate licenses and certificates and procedures for collection and distribution of these fees;
e.	Procedures for issuing annual renewals of licenses and registrations;
f.	Procedures for the review of Board decisions;
g.	Procedures establishing reciprocity with other states regarding licensing;
h.	Procedures for the revocation, suspension, or denial of a license, a registration, or a certification;
i.	Appropriate penalties; and
j.	Any other rule deemed by the Board to be necessary to implement this Article.
(b)	The Board may apply for injunctive relief pursuant to G.S. 90-233.20.
(c)	The Board may employ personnel as it determines is necessary to carry out its duties and functions as well as employ counsel to advise it on any matters it determines are appropriate.
(d)	Each Board member shall receive a per diem and reimbursement for expenses pursuant to G.S. 138-5.
(e)	Any member of the Board shall not be held liable in a civil action for any act performed in good faith and in the execution of duties as a Board member.
"§ 90-233.13.  Expenses payable from fees collected by Board.
(a)	All salaries, compensation, and expenses incurred or allowed for the purposes of carrying out this Article shall be paid by the Board exclusively out of the fees received by the Board as authorized by this Article, or funds received from other sources.  In no case shall any salary, expense, or other obligation of the Board be charged against the treasury of the State of North Carolina.  All moneys and receipts shall be kept in a special fund by and for the use of the Board for the exclusive purpose of carrying out the provisions of this Article.
(b)	The schedule of fees shall not exceed the following rates:
Application for original license
for dental laboratory	$ 150.00
Application for renewal of license
for a dental laboratory	  100.00
Application for registration as a
dental laboratory technician	   25.00
Application for renewal of registration
as a dental laboratory technician	   20.00
Application for reciprocity of a license
for a dental laboratory	  150.00
(c)	No refund of fees will be made.
"§ 90-233.14.  License of commercial dental laboratories required.
Effective July 1, 1994, all commercial dental laboratories operating, doing business, or intending to operate or do business within this State must be licensed under this Article regardless of its geographic location.
"§ 90-233.15.  Eligibility requirements for license; annual license renewal; reciprocity.
(a)	Subject to subsection (b) of this section, a commercial dental laboratory shall be licensed by the Board if:
(1)	The dental laboratory is operated under the supervision of one or more certified dental laboratory technicians who:
a.	Work full time on the premises of that dental laboratory; and
b.	On or after January 1, 1995, are registered pursuant to this Article.
(2)	The dental laboratory practices those standard infectious disease controls that are established or adopted by the Board.
(3)	The owner, officer, or manager of each commercial dental laboratory completes an application for a license as prescribed by the Board for each commercial dental laboratory doing business or intending to do business in this State with which that individual has any connection or interest.
(b)	Any commercial dental laboratory doing business in this State on January 1, 1994, is eligible for licensure even though the laboratory is operated under the supervision of a dental laboratory technician who is not certified.  If a change of ownership subsequently occurs for a commercial dental laboratory that is licensed pursuant to this subsection, that laboratory shall apply for a new license under this Article in 30 days or less from the date of the change of ownership, unless the Board determines that circumstances warrant more than 30 days.
(c)	Every license issued under this Article shall be renewed annually.  On or before the expiration date, any commercial dental laboratory that desires to continue to operate as a commercial dental laboratory shall apply for licensure renewal to the Board on forms prescribed by the Board.  The Board shall not renew the license unless the commercial dental laboratory provides evidence with its renewal application that at least one full-time employee in a supervisory position working on the premises of that commercial dental laboratory has completed a minimum of 10 hours of continuing education.
(d)	The Board may extend reciprocity to laboratories located in any other state with similar licensure if the out-of-state commercial dental laboratory applies for a license.  The Board shall determine whether the out-of-state dental laboratory is subject to similar licensure requirements.
"§ 90-233.16.  Registration of dental laboratory technicians; annual renewal.
(a)	Effective January 1, 1995, all dental laboratory technicians practicing in North Carolina must be registered under this Article.
(b)	All dental laboratory technicians shall register with the Board by filing an application for registration and, thereafter, by filing an application for annual renewal on forms prescribed by the Board.
"§ 90-233.17.  Qualifications for certification as a dental laboratory technician.
(a)	The Board shall develop standards, examinations, and procedures for certification of dental laboratory technicians or shall adopt the examinations, standards, and procedures of another entity selected by the Board for certification of dental laboratory technicians for the purposes of this Article.
(b)	Dental laboratory technicians do not have to be certified to practice as dental laboratory technicians in this State.
"§ 90-233.18.  Dental laboratory technicians previously certified.
On January 1, 1994, any dental laboratory technician who is currently certified by the National Board for Certification in Dental Laboratory Technology, Inc., shall be certified under the provisions of this Article, but shall otherwise comply with the provisions of this Article, including the provisions of G.S. 90-233.16.
"§ 90-233.19.  Exemptions.
Dental laboratories operated by and for any branch of the armed services, or by and for any agency or governmental subdivision of the State, and dental practice laboratories do not have to be licensed pursuant to this Article.  Students of schools of dentistry, students of schools of dental laboratory technology, and employees of dental practice laboratories do not have to be registered pursuant to this Article.
"§ 90-233.20.  Required acts.
(a)	The owner, officer, or manager of a commercial dental laboratory shall notify the Board of any change in ownership of the commercial dental laboratory within 30 days of the change of ownership.
(b)	Each commercial dental laboratory shall publish its license number on all invoices and shall furnish the license number of its subcontractor dental laboratory upon request.
(c)	A registered dental laboratory technician shall notify the Board of any change of the technician's address within 30 days of the change of address.
(d)	All licensed commercial dental laboratories shall prominently display its license at its place of business.
(e)	All registered dental laboratory technicians shall prominently display their current certificates of registration at their places of employment.
(f)	All certified dental laboratory technicians shall prominently display their certifications at their places of employment.
"§ 90-233.21.  Prohibited acts.
(a)	No person shall practice or offer to practice as or use any card, title, or abbreviation to indicate that the person is a licensed commercial dental laboratory unless that person is currently licensed pursuant to this Article.
(b)	No person shall use any card, title, or abbreviation to indicate that person is a registered dental laboratory technician unless that person is currently registered pursuant to this Article.
(c)	No person shall use any card, title, or abbreviation to indicate that person is a certified dental laboratory technician unless that person is certified pursuant to this Article.
(d)	No person, other than a licensed commercial dental laboratory or a dental practice laboratory, shall fill a prescription or a work authorization for the fabrication, manufacture, or repair of a dental prosthetic appliance.
(e)	A licensed commercial dental laboratory shall not knowingly issue a work authorization to another dental laboratory that is not licensed pursuant to this Article.
"§ 90-233.22.  Penalties.
(a)	A person who violates any provision of this Article is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000).
(b)	The Board may apply to superior court for a restraining order or an injunction to enforce this Article or any rules adopted pursuant to this Article.
(c)	The Board shall determine the penalty for the failure of a commercial dental laboratory to obtain a license or to renew its license pursuant to this Article.
(d)	The Board shall determine the penalty for the failure of a dental laboratory technician to register or renew registration pursuant to this Article."
Sec. 2.  G.S. 90-29.2 is amended by adding a new subsection to read:
"( a1)	A licensed dentist shall employ the services of a dental practice laboratory, as defined in G.S. 90-322.10, or a commercial dental laboratory, as defined in G.S. 90-322.10, that is licensed pursuant to Article 16A of this Chapter, to construct or repair, extraorally, prosthetic dentures, bridges, orthodontic appliances, or other replacements for a part of a tooth, a tooth, or teeth."
Sec. 3.  G.S. 90-29.2 is amended by adding a new subsection to read:
"( f)	Any licensed dentist engages in unethical conduct if the dentist knowingly prescribes, orders, or receives a prosthetic denture, bridge, orthodontic appliance, or other replacement, for a part of a tooth, a tooth, or teeth from an unlicensed commercial dental laboratory, as defined in G.S. 90-233.10; and the North Carolina State Board of Dental Examiners shall determine an appropriate penalty."
Sec. 4.  The provisions of this act are severable, and if any provision of this act is held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions of the act which can be given effect without the invalid provision.
Sec. 5.  This act becomes effective January 1, 1994.