COMMITTEE REPORT




MADAM PRESIDENT:

    The Senate Committee on Health and Provider Services, to which was referred House Bill No. 1376, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 2, line 17; (07)AM137604.2. -->     Page 2, line 17, after "plan." insert " This subsection expires June 30, 2009.".
    Page 3, line 40, delete "." and insert " until the expiration of subsection (c).".
    Page 5, line 31, after "plan." insert " This subsection expires June 30, 2009.".
    Page 6, after line 29, begin a new paragraph and insert:
SOURCE: IC 25-13-1-10.5; (07)AM137604.4. -->     "SECTION 4. IC 25-13-1-10.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10.5. A student pursuing a course of study in dental hygiene may administer dental anesthetics during an educational course on the practice of dental anesthetics if the course is:
        (1) supervised by a dentist trained in the administration of dental anesthetics; and
        (2) conducted at a school described in section 6(2) of this chapter.

SOURCE: IC 25-14-1-23; (07)AM137604.5. -->     SECTION 5. IC 25-14-1-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 23. (a) A person is practicing dentistry within the meaning of this chapter if the person does any of the following:
        (1) Uses the word "dentist" or "dental surgeon", the letters "D.D.S." or "D.M.D.", or other letters or titles in connection with dentistry.
        (2) Directs and controls the treatment of patients within a place where dental services are performed.
        (3) Advertises or permits to be advertised by sign, card, circular, handbill, newspaper, radio, or otherwise that he can or will attempt to perform dental operations of any kind.
        (4) Offers to diagnose or professes to diagnose or treats or professes to treat any of the lesions or diseases of the human oral cavity, teeth, gums, or maxillary or mandibular structures.
        (5) Extracts human teeth or corrects malpositions of the teeth or jaws.
        (6) Except as provided in IC 25-13-1-10.5, administers dental anesthetics.
        (7) Uses x-ray pictures for dental diagnostic purposes.
        (8) Makes impressions or casts of any oral tissues or structures for the purpose of diagnosis or treatment thereof or for the construction, repair, reproduction, or duplication of any prosthetic device to alleviate or cure any oral lesion or replace any lost oral structures, tissue, or teeth.
        (9) Advertises to the public by any method, except trade and professional publications, to furnish, supply, construct, reproduce, repair, or adjust any prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth.
        (10) Is the employer of a dentist who is hired to provide dental services.
        (11) Directs or controls the use of dental equipment or dental material while the equipment or material is being used to provide dental services. However, a person may lease or provide advice or assistance concerning dental equipment or dental material if the person does not restrict or interfere with the custody, control, or use of the equipment or material by the dentist. This subdivision does not prevent a dental hygienist who is licensed under IC 25-13 from owning dental equipment or dental materials within the dental hygienist's scope of practice.
        (12) Directs, controls, or interferes with a dentist's clinical judgment.
        (13) Exercises direction or control over a dentist through a written contract concerning the following areas of dental practice:
            (A) The selection of a patient's course of treatment.
            (B) Referrals of patients, except for requiring referrals to be

within a specified provider network, subject to the exceptions under IC 27-13-36-5.
            (C) Content of patient records.
            (D) Policies and decisions relating to refunds, if the refund payment would be reportable under federal law to the National Practitioner Data Bank, and warranties.
            (E) The clinical content of advertising.
            (F) Final decisions relating to the employment of dental office personnel.
        However, this subdivision does not prohibit a person from providing advice or assistance concerning the areas of dental practice referred to in this subdivision or an insurer (as defined in IC 27-1-26-1) from carrying out the applicable provisions of IC 27 under which the insurer is licensed.
However, a person does not have to be a dentist to be a manufacturer of dental prostheses.
    (b) In addition to subsection (a), a person is practicing dentistry who directly or indirectly by any means or method furnishes, supplies, constructs, reproduces, repairs, or adjusts any prosthetic denture, bridge, appliance, or any other structure to be worn in the human mouth and delivers the resulting product to any person other than the duly licensed dentist upon whose written work authorization the work was performed. A written work authorization shall include the following:
        (1) The name and address of the dental laboratory to which it is directed.
        (2) The case identification.
        (3) A specification of the materials to be used.
        (4) A description of the work to be done and, if necessary, diagrams thereof.
        (5) The date of issuance of the authorization.
        (6) The signature and address of the licensed dentist or other dental practitioner by whom the work authorization is issued.
A separate work authorization shall be issued for each patient of the issuing licensed dentist or other dental practitioner for whom dental technological work is to be performed.
    (c) This section shall not apply to those procedures which a legally licensed and practicing dentist may delegate to competent office personnel as to which procedures the dentist exercises supervision and responsibility. Delegated procedures may not include either:
        (1) those procedures which require professional judgment and skill such as diagnosis, treatment planning, and the cutting of hard or soft tissues or any intraoral impression which would lead to the

fabrication of an appliance, which, when worn by the patient, would come in direct contact with hard or soft tissues and which could result in tissue irritation or injury; or
        (2) those procedures allocated under IC 25-13-1 to licensed dental hygienists.
This chapter shall not prevent dental students from performing dental operations under the supervision of competent instructors within the dental school or a university recognized by the board or in any public clinic under the supervision of the authorized superintendent of such clinic authorized under the authority and general direction of the board of health or school board of any city or town in Indiana.
    (d) Licensed pharmacists of this state may fill prescriptions of licensed dentists of this state for any drug necessary in the practice of dentistry.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1376 as printed February 14, 2007.)

and when so amended that said bill do pass .

Committee Vote: Yeas 9, Nays 0.

____________________________________

Senator Miller, Chairperson


AM 137604/DI 104    2007