201 Ky. Admin. Regs. 8:533

Current through Register Vol. 51, No. 5, November 1, 2024

Section 201 KAR 8:533 - Licensure of dentists

RELATES TO: KRS 39A.350-39A.366, 218A.205, 304.40-075, 313.010(9), 313.030, 313.254

NECESSITY, FUNCTION, AND CONFORMITY: KRS 313.035 and 218A.205 require the board to promulgate administrative regulations relating to requirements and procedures for the licensure of dentists. This administrative regulation establishes requirements and procedures for licensure of dentists.

Section 1. General Licensure Requirements. An applicant desiring initial licensure in Kentucky as a general dentist shall:

(1) Understand, read, speak, and write the English language with a comprehension and performance level equal to at least the ninth grade of education, verified by testing as necessary;

(2) Submit a completed, signed, and notarized Application for Dental Licensure with an attached applicant photo taken within the past six (6) months;

(3) Pay the fee required by 201 KAR 8:520;

(4) Not be subject to disciplinary action pursuant to KRS Chapter 313 that would prevent licensure;

(5) Complete and pass the board's jurisprudence exam;

(6) Hold an active certification in cardiopulmonary resuscitation (CPR) or a more comprehensive program which meets or exceeds the American Heart Association Guidelines for CPR and ECC;

(7) Submit to a nationwide state and federal criminal background check by fingerprint through the Department of Kentucky State Police;

(8) Provide verification of any license to practice dentistry held previously or currently in any state or other licensing jurisdiction;

(9) Hold a Doctor of Medicine in Dentistry (DMD) or Doctor of Dental Surgery (DDS) degree from a dental school, college, or department of a university accredited by the Commission on Dental Accreditation (CODA);

(10) Successfully complete the National Board Dental Examination (NBDE) Part I and Part II or the Integrated National Board Dental Examination (INBDE), conducted by the Joint Commission on National Dental Examinations (JCNDE);

(11) Provide a written explanation for any positive returns on a query of the National Practitioner Data Bank; and

(12) Complete all additional requirements for one (1) of the following:

(a) Licensure by clinical examination;

(b) Licensure by credentials; or

(c) Licensure by foreign training.

Section 2. Requirements for Licensure by Clinical Examination.

(1) An individual desiring initial licensure in Kentucky as a general dentist by clinical examination shall:

(a) Complete all requirements in Section 1 of this administrative regulation; and

(b) Successfully complete all components of one (1) of the following clinical examinations within the five (5) years preceding the filing of the application:

1. The examination of the Council of Interstate Testing Agencies (CITA);

2. The examination of the Central Regional Dental Testing Service (CRDTS);

3. The examination of the Commission on Dental Competency Assessments (CDCA);

4. The examination of the States Resources for Testing and Assessments (SRTA);

5. The examination of the Western Regional Examining Board (WREB); or

6. The Dental Licensure Objective Structured Clinical Examination (DLOSCE) of the JCNDE.

(2) An individual applying more than two (2) years after graduating with a DDS or DMD, shall:

(a) Hold a license to practice dentistry in good standing in another state or territory of the United States or the District of Columbia; or

(b) Complete a continuing education plan approved by the board.

(3) An applicant who has taken a clinical examination three (3) times and failed to achieve a passing score shall complete a remediation plan approved by the board.

Section 3. Requirements for Licensure by Credentials. An individual desiring initial licensure in Kentucky as a general dentist by credentials shall:

(1) Complete all requirements in Section 1 of this administrative regulation;

(2) Successfully complete a state, regional, or national clinical examination used to determine clinical competency in a state or territory of the United States or the District of Columbia; and

(3) Be licensed and actively practicing dentistry in a state or territory of the United States or the District of Columbia for a least five (5) of the six (6) years preceding the filing of the application.

Section 4. Requirements for Licensure by Foreign Training.

(1) An individual desiring initial licensure in Kentucky as a general dentist who is a graduate of a non-CODA accredited dental school, college, or department of a university shall:

(a) Complete all requirements in Section 1 of this administrative regulation, except for subsection (9);

(b) Pass the Test of English as a Foreign Language (TOEFL) administered by the Educational Testing Service with a score of 650 on the paper-based test (PBT) or a score of 116 on the internet-based test (iBT), if English is not the applicant's primary language;

(c) Successfully complete two (2) years of postgraduate training in a CODA accredited general dentistry program;

(d) Submit a letter of satisfactory program completion from the program director of each postgraduate training site; and

(e) Successfully complete a clinical examination required by Section 2(1)(b) of this administrative regulation within five (5) years preceding the filing of the application.

(2) An individual applying for dental licensure more than two (2) years after completing a CODA accredited general dentistry program shall:

(a) Hold a license to practice dentistry in good standing in another state or territory of the United States or the District of Columbia; or

(b) Complete a continuing education plan approved by the board.

Section 5. Requirements for Student Limited Licensure.

(1) An individual desiring limited licensure in Kentucky as a student shall:

(a) Complete all requirements in Section 1 of this administrative regulation, except for subsections (9) and (10);

(b) Submit a letter from the dean or program director of a postgraduate, residency, or fellowship program in Kentucky stating that the applicant has been accepted into the program and the expected date of completion;

(c) Submit a signed Statement Regarding Student Licensure Limitations; and

(d) Submit an official final transcript of the applicant's dental coursework with the degree posted.

(2) A student limited license holder shall only practice dentistry in conjunction with programs of the dental school where the individual is a student and shall only provide professional services to patients of these programs.

(3) A student limited license may be renewed in accordance with Section 10 of this administrative regulation, but shall automatically expire if the student graduates from or exits the program.

(4) A program enrolling a student limited license holder shall notify the board in writing of the date the student graduates from or exits the program.

(5) Nothing in this section shall prohibit:

(a) A student from performing a dental procedure under the direct supervision of a competent instructor within the dental school, college, or department of a university or private practice facility approved by the board. The board may authorize a student to practice dentistry within a state or municipal institution, public school, board of health, public clinic, or charitable entity. A fee shall not be accepted by the student beyond the expenses covered by a stipend;

(b) A student limited license holder from working under the general supervision of a licensed dentist within the confines of the postgraduate training program; and

(c) A volunteer health practitioner from providing services under KRS 39A.350-39A.366.

Section 6. Requirements for Faculty Limited Licensure.

(1) An individual desiring limited licensure in Kentucky as a faculty member shall:

(a) Complete all requirements in Section 1 of this administrative regulation with the exception of subsections (9) and (10);

(b) Submit a letter from the dean or program director of a Kentucky dental school stating that the applicant has received a faculty appointment;

(c) Submit a signed Statement Regarding Faculty Licensure Limitations; and

(d) Submit an official final transcript of the applicant's dental coursework with the degree posted.

(2) A faculty limited license holder shall only practice dentistry in conjunction with programs of the dental school where the individual is a faculty member and shall only provide professional services to patients of these programs.

(3) A faculty limited license may be renewed in accordance with Section 10 of this administrative regulation, but shall automatically expire if the licensee leaves their faculty position.

(4) A program employing a faculty limited license holder shall notify the board in writing of the date the licensee leaves his or her faculty position.

Section 7. Requirements for Charitable Limited Dental Licensure.

(1) An individual desiring limited licensure in Kentucky to provide charitable dental services shall:

(a) Understand, read, speak, and write the English language with a comprehension and performance level equal to at least the ninth grade of education, verified by testing as necessary;

(b) Submit a completed, signed, and notarized Application for Charitable Limited Licensure with an attached applicant photo taken within the past six (6) months;

(c) Pay the fee required by 201 KAR 8:520;

(d) Not be subject to disciplinary action pursuant to KRS Chapter 313 that would prevent licensure;

(e) Hold a license to practice dentistry in good standing in another state or territory of the United States or the District of Columbia; and

(f) Provide a written explanation for any positive returns on a query of the National Practitioner Data Bank.

(2) A charitable limited dental license holder shall:

(a) Work only with charitable entities registered with the Cabinet for Health and Family Services that have met the requirements of KRS 313.254 and 201 KAR 8:581;

(b) Only perform procedures allowed by KRS 313.254(4) and (5) which shall be completed within the duration of the charitable event;

(c) Not prescribe any medications while practicing in Kentucky;

(d) Be eligible for the provisions of medical malpractice insurance procured under KRS 304.40-075; and

(e) Perform these duties without expectation of compensation or charge to the individual, and without payment or reimbursement by any governmental agency or insurer.

Section 8. Requirements for Specialty Licensure. An individual desiring initial licensure as a dental specialist in Kentucky as defined by KRS 313.010(9) shall:

(1) Submit a completed, signed, and notarized Application for Specialty Dental Licensure with an attached applicant photo taken within the past six (6) months;

(2) Pay the fee required by 201 KAR 8:520;

(3) Hold an active Kentucky license to practice general dentistry prior to being issued a specialty license; and

(4) Successfully complete a CODA accredited graduate or postgraduate specialty program after graduating from a dental school.

Section 9. Continuing Education Requirements.

(1) A Kentucky licensed dentist shall complete thirty (30) hours of continuing education during the two (2) year licensure period defined by KRS 313.030(2), except in the following cases:

(a) A licensee who was issued a new or reinstated license in the second year of the current biennial license period shall only complete one-half the required hours for that period;

(b) A licensee who graduated in the first year of the current biennial license period shall only complete one-half the required hours for that period;

(c) A licensee who graduated in the second year of the current biennial license period shall not be required to complete continuing education hours for that period;

(d) A charitable limited license holder shall not be required to complete continuing education hours; or

(e) A licensee may be granted a hardship waiver or deferment if the request is submitted to and approved by the board.

(2) Acceptable continuing education content shall include:

(a) Competency in treating patients who are medically compromised or who experience medical emergencies during the course of dental treatment;

(b) Pharmaceutical products and proper use protocols of medications;

(c) Competence to diagnose oral pathology;

(d) Awareness of currently accepted methods of infection control;

(e) Basic medical and scientific subjects;

(f) Clinical and technological subjects;

(g) Patient management, safety, and oral healthcare;

(h) Mass casualty or mass immunization situations;

(i) Clinical dentistry performed on a charitable or volunteer basis;

(j) Business operations and best practices; and

(k) Dental association or society business meetings.

(3) The thirty (30) hours of continuing education shall include:

(a) A minimum of ten (10) hours taken in a live interactive presentation format;

(b) A maximum of ten (10) hours that meet the requirements of subsection (2)(i) - (k) of this section; and

(c) A minimum of three (3) hours in the use of the Kentucky All Schedule Prescription Electronic Reporting System (KASPER), pain management, or addiction disorders.

(4) Dentists who hold a board-issued sedation permit shall also meet the continuing education requirements of 201 KAR 8:550, Section 8.

(5) All continuing education hours shall be documented by a certificate of completion or attendance bearing:

(a) A signature or other verification of the provider;

(b) The name of the licensee in attendance;

(c) The title of the course or meeting attended or completed;

(d) The date of attendance or completion;

(e) The number of hours earned; and

(f) Evidence of the method of delivery if the course was taken in a live interactive presentation format.

(6) The licensee shall be responsible for obtaining the qualifying documentation of continuing education from the provider or sponsoring organization and to retain those documents for a minimum of five (5) years.

(7) During the license renewal process, licensees shall attest to their compliance with the requirements of this section.

(8) Licensees shall be subject to audit of their compliance with the requirements of this section.

Section 10. Renewal of a Dental License.

(1) All dental licenses issued by the board shall expire on December 31 of odd-numbered years and shall be renewed to remain active. A licensee desiring renewal of an active general, specialty, student limited, or faculty limited dental license shall:

(a) Submit a completed and signed Application for Renewal of Dental Licensure;

(b) Pay the fee required by 201 KAR 8:520;

(c) Maintain an active certification in CPR or a more comprehensive program that meets or exceeds the American Heart Association Guidelines for CPR and ECC; and

(d) Meet the continuing education requirements in Section 9 of this administrative regulation.

(2) A licensee who has not actively practiced dentistry in the two (2) years preceding the filing of the renewal application shall complete a continuing education plan approved by the board prior to resuming the active practice of dentistry.

(3) A licensee desiring renewal of a charitable limited dental license shall repeat the initial licensure process required by Section 7 of this administrative regulation.

Section 11. Retirement of a Dental License.

(1) A licensee desiring to no longer hold an active dental license in Kentucky shall submit a completed and signed Retirement of License Form.

(2) Upon receipt of this form, the board shall send written confirmation of retirement to the address provided.

(3) A licensee shall not retire a license that has pending disciplinary action against it.

(4) A license that is not properly retired or renewed shall be considered expired for reinstatement purposes.

Section 12. Reinstatement of a Dental License.

(1) A former licensee desiring reinstatement of an expired or properly retired dental license in Kentucky shall:

(a) Submit a completed, signed, and notarized Application to Reinstate Dental or Dental Hygiene Licensure with an attached applicant photo taken within the past six (6) months;

(b) Pay the fee required by 201 KAR 8:520;

(c) Hold an active certification in CPR or a more comprehensive program that meets or exceeds the American Heart Association Guidelines for CPR and ECC;

(d) Provide verification of any license to practice dentistry obtained in any state or other licensing jurisdiction since the applicant was first licensed in Kentucky;

(e) Submit to a nationwide state and federal criminal background check by fingerprint through the Department of Kentucky State Police; and

(f) Provide a written explanation for any positive returns on a query of the National Practitioner Data Bank.

(2) An applicant who has not actively practiced dentistry in the two (2) years preceding the filing of the reinstatement application shall complete a continuing education plan approved by the board prior to resuming the active practice of dentistry.

(3) A former licensee who applies to reinstate an expired license that was not properly retired shall be subject to:

(a) The expired license reinstatement penalties in 201 KAR 8:520 if applying less than two (2) years from when the license was last active; or

(b) The same reinstatement fees as a properly retired license if applying more than two (2) years from when the license was last active.

Section 13. Verification of Licensure. An individual desiring an official verification of a dental license held currently or previously in Kentucky shall:

(1) Submit a signed and completed Verification of Licensure or Registration Form; and

(2) Pay the fee required by 201 KAR 8:520.

Section 14. Issuance of Initial Licensure. Upon an applicant's completion of all requirements for dental licensure within six (6) months of the date the application was received, the board shall:

(1) Issue a license in sequential numerical order; or

(2) Deny licensure due to a violation of KRS Chapter 313 or 201 KAR Chapter 8.

Section 15. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Charitable Limited Licensure", January 2024;

(b) "Application for Dental Licensure", January 2024;

(c) "Application for Renewal of Dental Licensure", January 2024;

(d) "Application for Specialty Dental Licensure", January 2024;

(e) "Application to Reinstate Dental or Dental Hygiene Licensure", January 2024;

(f) "Retirement of License Form", January 2024;

(g) "Statement Regarding Faculty Licensure Limitations", January 2024;

(h) "Statement Regarding Student Licensure Limitations", January 2024;

(i) "Verification of Licensure or Registration Form", January 2024; and

(j) "2020 American Heart Association Guidelines for CPR and ECC", 2020.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Dentistry, 312 Whittington Parkway, Suite 101, Louisville, Kentucky 40222, Monday through Friday, 8 a.m. through 4:30 p.m. This material is also available on the board's Web site at http://dentistry.ky.gov.

201 KAR 8:533

49 Ky.R. 1859, 2273; eff. 7/24/2023; 50 Ky.R. 1739, 2393; eff. 6/18/2024.

STATUTORY AUTHORITY: KRS 218A.205, 313.021(1)(a), (b), (c), 313.035(1), (3), 313.254