ABSENTEE SHAWNEE TRIBAL DENTURITRY ACT OF 1984
Section 101: Legislative Intent
Section 102: ShortTitle
Section 103: Definitions
Section 104: License to Practice Required
Section 105: Exceptions
Section 106: Prohibited Activities
Section 107: Board of Denturists
Section 108: Term of Office, Meetings, Voting, Records, Fair Practice
Section 109: Licensing of Denturists
Section 110: Initial Examinations
Section 111: Examination, When Conducted
Section 112: Examination, How Conducted
Section 113: Examinations For Intern License
Section 114: License Renewal
Section 115: Duplicate Certificate
Section 116: Powers of Board
Section 117: Rules and Regulations
Section 118: Fees
Section 119: Suspension or Revocation of License
Section 120: Reinstatement of License
Section 121: Referrals, Fee Splitting, and Guarantee
Section 122: Surety Bond
Section 123-150: Reserved
Section 151: Dentural Corporations
Section 152: Application For Registration
Section 153: Report Of Changes Of Personnel, Officers, Etc
Section 154: AnnualReport
Section 155: Name
Section 156: Licensed Personnel
Section 157: Disqualified Shareholder: Income
Section 158: Unprofessional Conduct
Section 159: Rules and Regulations
Section 160: Professional Relationships, Responsibilities And Conduct Not Affected
Section 161: Office For Filing
Section 162: Application: Review Of Refusal To Approve
Section 163: Requirements For Issuance Of Certificate Of Registration
Section 164: Security For Claims Against A Dentural
Section 165: Shares: Ownership And Transfer
Section 166: Additional Offices
Section 167-199: Reserved
Section 1000: Standards Of Conduct And Practice
Section 1001: Notice Of Board Address, Guarantee
Section 1002: Advertising
Section 1003: Judicial Review Of Board Action
Section 1004: Health Insurance
Section 1005: Violation Of Act
Section 1006: Legislative Review
Section 1007: Severability
Section 1008: Repealing Clause
ABSENTEE SHAWNEE TRIBAL DENTURITRY ACT OF 1984
AUTHORIZING THE PRACTICE OF DENTURITRY BY LICENSED DENTURISTS; DEFINING TERMS; PROHIBITING CERTAIN ACTS; PROVIDING EXEMPTIONS; CREATING ABSENTEE SHAWNEE TRIBAL BOARD OF DENTURISTS; PRESCRIBING QUALIFICATIONS AND STANDARDS, EXAMINATIONS AND FEES FOR LICENSING; CREATING A DENTURIST REVOLVING FUND; REQUIRING ANNUAL RENEWAL OF LICENSES; PROVIDING FOR POWERS AND DUTIES OF THE BOARD OF DENTURISTS; PROVIDING FOR REVOCATION OF LICENSE; PROVIDING FOR EIMBURSEMENT FOR DENTURIST SERVICES UNDER POLICIES OF INSURANCE FOR DENTAL HEALTH; PROVIDING PENALTIES FOR VIOLATION OF ACT; PROVIDING FOR SUPERCEDING OF ANY INCONSISTENT TRIBAL ENACTMENTS; AND PROVIDING FOR SEVERABILITY.
BE IT ENACTED BY THE PEOPLE OF THE ABSENTEE SHAWNEE TRIBE OF OKLAHOMA:
Section 101: LEGISLATIVE INTENT.
This statute is enacted to promote competence and excellence in the providing of prosthetic dental appliances and services related thereto within Indian Country to the public at reasonable costs.
Section 102: SHORT TITLE.
This act shall be known as the "Absentee Shawnee Tribal Denturitry Act".
Section 103: DEFINITIONS.
As used in this Act, unless the context requires otherwise:
(a) "Board" means the Absentee Shawnee Tribal Board of Denturists.
(b) "Denture" means any removeable upper or lower prosthetic device to be worn in the human mouth.
(c) "Denturist" means a person licensed under this Act to engage in the practice of denturitry.
(d) "Practice of denturitry" means:
(1) Constructing, making, producing, finishing, repairing, relining, reproducing, duplicating, supplying, fitting, or altering any removable upper or lower prosthetic device to be worn in the human mouth dir&ctly to a person or advising the use of such device.
(e) "Intern" means a person who has completed the required two year course of classroom training, taken the required examination, and received an intern license from the Board.
(2) Taking impressions, bite registrations, try-ins, fittings, and insertions of or in any part of the human oral cavity for any of the purposes listed in paragraph (1) of this subsection.
(3) Other procedures incidental to the procedures specified in paragraphs (1) and (2) of this subsection.
(4) The practice of denturitry within the context of this Act requires that all work except cast frame work be performed on the licensee's premises.
(f) "Dentural Corporation" means a professional corporation registered with the Board and engaged in the practice of denturitry.
(g) "immediate denture" means a denture constructed prior to and inserted immediately after extraction of teeth.
(h) "Supervision of intern" means that all work by an intern shall be performed under the general supervision of a licensed dentruist. For purposes of this definition "general supervison" means the denturist is available for consulation in person during the performance of the procedures by an intern. The dentruist shall examine the patient initially, check the completed denture as to fit, form and function and perform such other procedures as the board may specify by rule or regulation.
Section 104: LICENSE TO PRACTICE REQUIRED.
From and after the effective date of this Act, a person must hold a license for the practice of denturitry in order to perform the following acts:
(a) Engage or offer to engage, in the practice of denturitry; or
(b) Use in connection with his/her name the word "denturist" or any other words, letters, abbreviations or insignia implying that such person is engaged in the practice of denturitry.
Secticn 105: EXCEPTIONS.
(a) Subsection (a) of Section 104 of this Act shall not apply to:
(1) Students of denturitry in pursuit of clinical studies under the auspices of an institution of higher learning under a program approved by the Board.
(2) Licensed interns working under the direct. supervision of a licensed denturist, provided, that no denturist may supervise more than two (2) interns at any given time.
(b) Section 104 of this Act Shall not apply to those licensed to practice medicine or dentistry by the Tribe, or the State of Oklahoma, or a person in the employ of the Indian Health Service, the Veteran's Administration, or other federal agency for the purpose of practicing medicine or dentistry.
Section 106: PROHIBITED ACTIVITIES.
In the course of his practice of denturitry, a licensed denturist and the interns working under his supervision shall not:
(a) Perform procedures which would alter any oral tissues or natural teeth.
(b) Diagnose or treat any abnormalities of any human mouth.
(c) Administer dispense, or prescribe any drugs, medication, or controlled substance, or treatment for any oral or medical diseases.
(d) Construct or fit orthodontic appliance.
(e) Hold himself out or permit himself to be represented as a licensed dentist.
(f) Perform a task beyond his competence.
Section 107: BOARD OF DENTURISTS.
(a) There is hereby created an Absentee Shawnee Tribal Board of Denturists. The members of which shall be appointed by the Chairperson with the advice and consent of the Absentee Shawnee Business Committee. The initial Board shall be appointed within 90 days after the passage of this Act.
(b) The Board shall be comprised of five (5) members serving staggered terms of three (3) years. All members of the Board shall be denturists nominated for appointment by the Tribal Association of Denturists, Inc.
(c) For the purposes of composing the initial Board, the Chairperson shall designate one denturist to a term of one (1) year, two denturists to terms of two (2) years, and two denturists to terms of three (3) years. Thereafter, members shall be appointed to the Board for terms of the three (3) years each, except that appointments to fill vacancies shall be for the unexpired term of such vacancies.
(d) The Board shall organize by the election of one of its members as president, one of its members as treasurer, and one of its members as secretary, provided that one member may serve as both secretary and treasurer.
(e) Members of the Board shall serve without compensation, but shall be reimbursed from the funds of the Board their travel and other necessary expenses incurred in attending meetings of the Board or for performing duties prescribed by this Act and approved by the Board at the regular tribal per diem and mileage rates.
(f) At least two nominees for each denturist position on the Board must be nominated by the Tribal Association of Denturists, Inc., or upon their failure or refusal to do so within sixty (60) days after a written request for nominations by the president or the Board, by the Tribal Health Program Director. Such nominees shall be licensed Denturists in the jurisdiction of their practice and eligible for licensing under this Act except for the taking of the required examination.
(g) Appointments to the Board shall be made by the president from the nominees set forth in this section, and each member of the Board shall hold officer for his term and until his successor is duly appointed by the president and confirmed by the Council.
(h) Nominees for appointment to the original Board must be examined by examiners from a jurisdiction that currently authorizes the practice of denturitry. The examinations must be established by the examining team and be equivalent to examinations administered for licensing of denturists in the jurisdiction represented by the examiners. The examiners shall establish a passing grade, and satisfactory completion of the original examinations will qualify the nominees for licensing under this Act and for service on the Absentee Shawnee Tribal Board of Denturists. Nominees who do not score a passing grade on the original examination may apply for reexamination to the Absentee Shawnee Tribal Board of Denturists. Expense of examination for nominees is not the responsibility of the Board.
Section 108: TERM OF OFFICE, MEETINGS, VOTING, RECORDS, FAIR PRACTICE.
(a) Officers of the Board shall be elected for terms of one (1) year at the annual meeting of the Board, but the same person may not hold the office of president for more than three (3) years in succession.
(b) The Board shall meet at least annually to conduct its business and perform its duties, and shall meet at such other times as designated by the president or by request of two (2) or more members of the Board.
(c) A majority of the Board shall constitute quorum of all purposes, and the majority vote of the members voting shall constitute the action of the Board.
(d) The Secretary of the Board shall keep a complete record of all of its proceedings.
(e) The Board may appoint as need arises a fair practice committee consisting of three (3) denturists selected from the tribally licensed denturists, or if sufficient numbers are unable or unwilling to serve, then from the Tribal Association of Denturists, Inc., eligible for appointment to the Board, to investigate allegations of unprofessional conduct and make recommendation to the Board regarding disciplinary matters. This Committee may conduct hearings, take evidence, and issue subpoenas in the performance of its duties to the same extend as the Board itself. This committee will meet as need arises and shall file a written report and recommendations with the Board on the decisions made.
(f) The Board established hereunder may upon proper certification, appointment and approval serve as the Board of Denturists under other tribal denturitry acts.
Section 109: LICENSING OF DENTURIST.
Upon application and payment of the appropriate fees, the Board shall issue a license to practice denturitry to any applicant who meets one of the following criteria:
(a) Applications submitted within one year after passage of this act:
Applicants must furnish two (2) signed affidavits by persons other than family members (or other evidence as may be prescribed by the Board) that he/she has been employed for at least five (5) years prior to application in all phases of denture technology. He/she must be able to demonstrate competence in denture construction and intra- oral procedures by satisfactorily completing a practical examination. He/she must document the completion of courses in and pass a written exam covering the following subjects: Head and oral anatomy, oral pathology, microbiology, dental materials and intra-oral procedures, asepsis, and first aid for minor office emergencies. He/she must have been a legal resident in the State of Oklahoma for a period of one year on the day this Act was enacted.
(b) Applications submitted more than one year after passage of this act:
Applicants must complete at least two (2) years of formal training at a school or clinic approved by the Board, including courses in head and oral anatomy, oral pathology, microbiology, dental materials and intra-oral procedures, asepsis and first aid for minor office emergencies. Applicant must also complete a three (3) year internship under the supervision of a licensed Denturist and satisfactorily complete practical,written and oral examinations administered by the Board pursuant to this Act.
(c) The Board may at its discretion, without examination, issue a license to any applicant to practice as a denturist who shall furnish proof satisfactory to the Board that the denturist has been duly licensed to practice in another tribal jurisdiction, state, or Canadian province after full compliance with the requirements of its denturitry laws, provided that the license requirements are, in all essentials, at least equivalent to those of this Tribe. The Board may require letters of reference about the denturists. Every license so given shall state upon its face that it was granted on the basis or of reciprocity. The fee for such certificate and renewals thereof shall be equivalent to the initial or renewal licensing fee under this Act.
(d) Each practicing denturist must display his license in a prominent place at the facility at which he practices denturitry.
Section 110: INITIAL EXAMINATIONS.
For the purpose of the initial examination, the Board shall employ the services of the National Board of Denturist Examiners, or of denturist examiners from states where denturitry is regulated, to develop and administer an examination. Those denturists nominated by the Tribal Association of Denturists, Inc., to be appointed to the Board plus any other applicants requesting licensing at the time of the examination shall be required to pass the examination prescribed by the examiners contracted by the Board, provided that such examination meets the requirements of Section 109(a) of this Act. Thereafter, the Board shall be empowered to appoint licensed denturists from the Tribe to develop and administer future examinations.
Section 111: EXAMINATION, WHEN CONDUCTED.
The Board shall administer the examination for licensing at least once a year at such times and places as the Board may determine, if applicants exist to take the exam. The examination shall be established upon the approval of the Board and shall be of such character as to determine the qualifications, fitness, and ability of the applicant to practice denturitry.
Section 112: EXAMINATION, HOW CONDUCTED.
The Board or a committee appointed by the Board for that purpose, shall prepare and administer the examinations for licensing, subject to the following requirements:
(a) Examinations shall be of such character as to determine the qualifications, fitness and ability of the applicant to practice denturitry. The form of the test must include written, and oral examinations and a practical demonstration of skills as the Board may prescribe.
(b) The examination shall include, at a minimum, coverage of the following subject:
(1) Head and oral anatomy;
(2) Oral pathology;
(4) Clinical dental technology
(5) Dental laboratory technology
(7) Clinical jurisprudence;
(9) First aid for minor office emergencies
(10) Dental materials and intra-oral procedures
(11) Other practical skills
(12) Any other subject matter area stated by rule of the Board.
Section 113: EXAMINATIONS FOR INTERN LICENSE.
(a) The Board is authorized to prepare and administer written and/or oral examinations in the area of denture technology for the purpose of licensing interns. All examinations prepared and given under this section may be prepared and given by the full Board or by a subcommittee appointed by the Board. Except for practical skills areas, the intern examination may cover any of the topics listed in subsection (b) of Section 112 of this Act.
(b) A person shall be eligible to take the examination pursuant to subsection (a) who:
(1) is 18 years of age or older;
(c) Any eligible person desiring to take the examination in order to become licensed as an Intern shall make a written application to the Board to take the examination. This application shall be accompanied by a nonrefundable examination fee of $150.00.
(2) Is a high school graduate or equivalent; and
(3) has successfully completed a minimum of 2 years of post high school training in denture technology and related areas, as approved by the Board.
(d) Any applicant failing to pass the examination shall be entitled to one additional exam for which the fee shall be $100.00. The fee for each additional examination after the first additional examination shall be $150.00. After the second failure of an intern examination, the Board may by rule require additional training as a condition precedent to any further attempt to pass such examination. The applicant for any examination as an intern shall present himself for examination when called upon to do so by the Board in writing. Failure to attend the examination, in the absence of forty-eight hours written notice or good cause shown to the Board, may be treated as a failure of the examination.
(e) An intern license shall be valid for a period of five (5) years but may not be renewed.
(f) Interns may practice denturitry only under the direct supervision of a licensed denturist.
Section 114: LICENSE RENEWAL.
(a) Each license shall expire on January 1st of each year and must be renewed on or before the date of expiration. If application for renewal is made after the expiration of the license, the Board may require re-examination of the applicant before granting renewal.
(b) Licenses shall be renewable upon application, submission of the appropriate fee, and proof of satisfactory completion of thirty-two (32) hours of continuing education in the form of course or clinics approved by the Board within the twelve (12) month period immediately prior to application for renewal.
Section 115: DUPLICATE CERTIFICATE.
An application for a duplicate certificate granted upon proof of loss or destruction of the original shall include a fee of $15.00.
Section 116: POWERS OF BOARD.
The Board shall have the following powers and duties:
(a) To determine the qualifications of persons applying for licenses under this Act;
(b) To prescribe, administer and determine examinations and a passing grade for licenses under this Act;
(c) To collect and adjust fees and charges prescribed in this Act or by its rules to cover the operating expenses of the Board as may become necessary from time to time;
(d) To issue licenses for the practice of denturitry under the conditions prescribed in this chapter;
(e) To discipline, revoke or suspend denturist licenses in the manner prescribed by his Act;
(f) To conduct hearings, administer oaths, and subpoena witnesses for the purpose of carrying out the activities authorized under this Act;
(g) To appoint committees and chairpersons and to delegate responsibilities to them as the need arises from time to time;
(h) The Board shall, in addition to those powers otherwise specified, be a body corporate, with all powers attendant thereto, not limited to the powers to sue, to enter contracts, to employ or appoint staff, attorneys and investigators and to hold property. The Board shall have the power to adopt any rules and regulations governing the practice of denturitry and the conduct of denturists; to approve and certify schools and clinics offering training programs in denturitry, to establish rules governing its meetings; and to inspect the place business of any licensed denturist at a reasonable time and in a reasonable manner to assure compliance with this Act. All actions taken by the Board shall conform to the requirements of the Indian Civil Rights Act of 1968 and decisions of the Board shall be appealable to. the Tribal Court. All actions of the Board must be by the affirmative vote of at least three (3) of its members.
Section 117: RULES AND REGULATIONS.
(a) Not later than 90 days after the appointment of the full Board, the Board shall adopt rules and regulations relating to the licensing of denturists.
(b) These rules and regulations shall pertain, but need not be limited, to the following:
(1) The administrative procedures relating to the issuance, refusal to issue, suspension and revocation of denturist licenses;
(c) Prior to adopting any rule pursuant to this section the Board shall hold a public hearing. Notice of the public hearing shall be published once within 14 to 30 days before the hearing in the tribal newspaper or in other newspapers or journals of general circulation adequate to provide reasonable notice to the public affected thereby.
(2) The procedures and requirements relating to the issuance of intern licenses;
(3) The methods by which and the conditions under which denturists are required to practice denturitry;
(4) The establishment of educational requirements for the purpose of eligibility for licensing;
(5) The establishment of equivalency training and experience standards for the purpose of eligibility for licensing; and
(6) The specification of other procedures incidental to the practice of denturitry.
(d) Rules adopted pursuant to this section may be repealed or amended at anytime by the Board, after like notice and hearing on the portion amended.
(e) All rules and regulations approved by the Board shall be filed with the Clerk of the Tribal Court and with the Absentee Shawnee Business Committee.
Section 118: FEES.
The Board shall establish and collect fees which shall be reserved for its operations.
(a) A Denturist Revolving Fund is hereby created in the office of the Tribal Treasurer for the purpose of accumulating and allowing the disbursement of funds by the Board. The Secretary of the Board shall deposit all receipts in the fund on a timely basis and the Board shall not create expenditures in excess of the balance in the Fund.
(b) Fees for licensing and renewal shall not exceed the following amounts:
(1) An application fee not to exceed $250.00
(c) All moneys received under the provision of this chapter shall be deposited in the Tribal Treasury to the credit of the Denturist Revolving Fund account and all costs and expenses incurred by the Board under the provisions of this Act shall be a charge against and paid from said account upon written resolution of the Board. In no instance will the Denturist Revolving Fund account be obligated to pay any claims which in aggregate with claims already paid exceed the income to the Denturist Revolving Fund account which has been derived by the application of this Act.
(2) An initial licensing fee not to exceed $250.00
(3) An annual license renewal fee not greater than $200.00
(4) A photocopy charge not to exceed fifty cents per page for copies of the Board records
(5) Such other charges as may be prescribed by Board rule.
Section 119: SUSPENSION OR REVOCATION OF LICENSE.
(a) The Board shall have the power to refuse to issue a license, suspend or revoke a license, or place a licensed person on probation for a period specified by the Board and subject to such conditions as the Board shall impose, or reprimand or censure a licensee for any of the following causes:
(1) Conviction of crime or violation of a laws of the Tribe where such crime or violation bears a demonstrable relationship to fitness for the practice of denturitry.
(b) The Board shall have the power to examine and inspect the place of business of any licensed denturist at any reasonable time and in a reasonable manner to assure compliance with this Act.
(2) Incompetence or gross negligence in the practice or admission to practice of denturitry.
(3) Willful, knowing, or grossly negligent fraud or misrepresentation in the practice of denturitry.
(4) Use of any narcotic controlled or dangerous drug or intoxicating liquor to an extent that such use impairs the ability to conduct safely the practice of denturitry.
(5) The willful violation of any provision of this act or rules adopted thereunder.
(c) The Board shall have the right to establish standards of conduct and practice, and the power to enforce such standards with monetary penalties not to exceed $500.00 for each occurance and/or revocation or suspension of license.
(d) For the purposes of this section, a licensed denturist or intern shall be deemed by the application for and acceptance of the license to have given his consent to a mental or physical examination when directed by the Board. The Board may direct the examination whenever it determines a denturist or intern may be suffering from a mental illness which may be interfering with his competent practice of denturitry or from the use of intoxicants or drugs to an extent that they may be preventing him from practicing competently and with safety to his patients. A denturist examined pursuant to an order of the Board shall have no privilege to prevent the testimony of the examining individual or to prevent the acceptance into evidence of the report of any examining individual. Failure to comply with an order of the Board to submit to a mental or physical exam shall require the Board to immediately order the license of the denturist or intern suspended until such time as he shall submit to the examination.
(e) Nothwithstanding Section 113(e) if the license of an intern is suspended or revoked, and the Intern is afterwards reinstated, the period of the Intern license shall be extended for a period equal to the period of suspension or revocation as the case may be.
(f) A person whose license has been revoked by either the Board, or a similar Board or body of any other jurisdiction shall not be eligible to apply for a license until one (1) year after the date of revocation.
Section 120: REINSTATEMENT OF LICENSE.
(a) A denturist license which has expired may be reinstated upon payment of the required renewal fee, a fifty dollar ($50.00) additional late payment fee, and proof of satisfaction of the continuing education requirement if application for reinstatement is made within three months after expiration of the license. If reinstatement is not requested within three months after expiration of the license the Board may by rule require the denturist to take the regular examination in addition to the above requirements prior to reinstatements.
(b) A person whose license has been revoked by the Board may be reinstated only upon written application showing affirmatively that the cause which resulted in the revocation has been eliminated or the applicant has otherwise rehabilitated himself, and that reinstatement of the applicant would not be a detriment to the denturitry profession or a danger to the public. The burden of proof shall be on the applicant. The applicant may be required to pass a written, oral, or practical skills examination, or any combination of such examinations by order of the Board prior to reinstatement.
Section 121: REFERRALS, FEE SPLITTING, AND GUARANTEE.
(a) No person licensed under the provisions of this Act shall directly or indirectly:
(1) Make any payment or gift of anything of value to a person who has referred a patient as consideration for or to show appreciation for such referral; or
(b) All denturist's services will be unconditionally guaranteed for a period of not less than ninety (90) days and full refund of the cost of the dentures shall be made if the denture is returned during the guarantee period.
(2) Receive or accept any rebate, payment of gift from any person to whom a patient is referred; or
(3) Engage in any form of fee-splitting or other form of sharing of remuneration, with respect to referrals except as payment for dentural services actually performed.
Section 122: SURETY BOND.
The Board shall require by rule that each licensed denturist or dentural corporation post a cash or corporate surety bond in such amount as the Board deems appropriate, payable to the Board for the use of any client of a denturist injured in the course of receiving professional services due to the negligence or other fault of the denturist, his employees, or servants in rendering his services.
Section 122 - 150: RESERVED.
Section 151: DENTURAL CORPORATIONS
A dentural corporation is a professional corporation which is registered with the Absentee Shawnee Tribal Board of Denturists and has a currently effective certificate of registration from the Board. Subject to all applicable statutes, rules, and regulations, such dentural corporation is entitled to practice denturitry. With respect to a dentural corporation, the governmental agency referred to in the Professional Corporation Act is the Absentee Shawnee Tribal Board of Denturists.
Section 152: APPLICATION FOR REGISTRATION
(a) An applicant for regisfration as a dentural corporation shall supply to the board all necessary and pertinent documents and information requested by the Board concerning the applicants plan of operation including but not limited to: a copy of its articles of incorporation, certified by the Tribal Secretary, a copy of its by-laws, certified by the secretary of the corporation, the name and address of the corporation, the names and addresses of its officers, directors, shareholders, and employees who will render professional services, the address of each office, and any fictitious name or names which the corporation intends to use. The Board may provide forms of application. If the Board finds that the corporation is duly organized and existing pursuant to the Absentee Shawnee Tribal Professional Corporation Act, that each officer, director, shareholder and each employee who will render professional services is a person licensed pursuant to this Act, and that from the application it appears that the affairs of the corporation will be conducted in compliance with law and the rules and regulations of the Board,, the board shall upon payment of the registration fee in such amount as it may determine issue a certificate of registration. The application shall be signed and verified by an officer of the corporation
Section 153: REPORT OF CHANGES OF PERSONNEL, OFFICERS, ETC.
Within such time as the Board may by rule provide, the dentural corporation shall report in writing to the board any change in directors, officers, employees performing professional services, share ownership, and amendments to its articles of incorporation and by-laws.
Section 154: ANNUAL REPORT
Each dentural corporation shall file with the board annually and at such other times as the Board may require a report containing such information pertaining to qualification and compliance with the statutes, rules and regulations of the Board as the Board may determine. The fee for filing such a report shall be fixed by the Board. All reports shall be signed and verified by an officer of the corporation.
Section 155: NAME
Notwithstanding Section 1307 of the Absentee Shawnee Tribal Business Corporation Act, the name of the dentural corporation and any name or names under which it may be rendering professional services shall contain and be restricted to the name or the last name of one or more of the present, prospective, or former shareholders and shall include the words "Dentural Corporation", or wording or abbreviations denoting corporate existence.
Section 156: LICENSED PERSONNEL
Except as provided in Section 1310 of the Absentee Shawnee Business Corporation Act each director, shareholder, and officer of a dentural corporation shall be a person licensed to practice denturitry pursuant to this Act.
Section 157: DISQUALIFIED SHAREHOLDER: INCOME
The income of a dentural corporation attributable to professional services rendered while a shareholder is a person not licensed or whose license has been revoked pursuant to this act shall not in any manner accrue to the benefit of such shareholder or his shares in the dentural corporation, except that such income may accrue to the estate of a licensed decedent for a reasonable time until such shares can be transfered to a qualified person or the corporation dissolved.
Section 158: UNPROFESSIONAL CONDUCT
A dentural corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under any statute, rule or regulation now or hereafter in effect. In the conduct of its practice, it shall observe and be bound by such statutes, rules and regulations to the same extent as a person holding a license under the denturitry code. The Board shall have the same powers of suspension, revocation and discipline against a dentural corporation as are now or hereafter authorized by any statute against individual licensees.
Section 159: RULES AND REGULATIONS
The Board may formulate and enforce rules and regulations to carry out the purposes and objectives of these dentural corporations including rules and regulations requiring: (a) that the articles of incorporation or by-laws of a dentural corporation, shall include a provision whereby the capital stock of such corporation owned by a disqualified person, or a deceased person, shall be sold to the corporation or to the remaining shareholders of such corporation within such time as such rules and regulations may provide; and (b) that a dentural corporation, as a condition of obtaining a certificate pursuant to this Act shall provide adequate security by insurance or otherwise for claims against it by its patients arising from the practice of denturitry.
Section 160: PROFESSIONAL RELATIONSHIPS, RESPONSIBILITIES AND CONDUCT NOT AFFECTED
Nothing in the laws or rules relating to dentural corporations alters the denturist's duties and responsibilities to and professional relationships with his patients; nor do such laws or rules in any way impair the disciplinary powers of the Board over its licentiates; nor do such laws or rules impair any other law or rule pertaining to the standards of professional conduct of denturists.
Section 161: OFFICE FOR FILING
All applications for Certificate of Registration as a dentural corporation and any other documents or reports required by rules or by law to be filed with the Board shall be filed with the principal office of the board in ___________.
Section 162: APPLICATION: REVIEW OF REFUSAL TO APPROVE
(a) An applicant for registration as a dentural corporation shall file with the Board, an application for Certificate of Registration, on a form furnished by the Board, which shall be signed and verified by an officer of the corporation who is a licensed person and be accompanied by a fee in the amount of one hundred dollars ($100.00).
(b) The Board, within a reasonable time after an application for registration as a dentural corporation is submitted to the Board, shall either approve the application and issue a Certificate of Registration or refuse to approve the application and notify the applicant of the reasons therefor.
(c) Any applicant whose application has been disapproved by the Board may request a hearing. The hearing shall be conducted pursuant to the rules establishing the Board.
(d) No applicant shall render any professional services under the corporate structure unless and until a Certificate of Registration has been issued by the Board.
Section 163: REQUIREMENTS FOR ISSUANCE OF CERTIFICATE OF REGISTRATION
A Certificate of Registration shall be issued if applicant shows that:
(a) The applicant is organized and exists pursuant to the Absentee Shawnee Tribal Corporation Act and is a professional corporation within the meaning of the Professional Corporation Act; and
(b) Each shareholder and each director and officer (except as provided in Section 1310 of the Professional Corporation Act) holds a valid denturist license issued by the Board; and
(c) Each employee of applicant who will render services as a denturist, whether or not a director, officer, or shareholder, holds a valid denturist license issued by the Board; and
(d) The name of the corporation and any name or names under which it may render denturist services contains and is restricted to the name or the last name of one or more to the present, prospective, or former shareholders and includes wording or abbreviations denoting corporate existence limited to "Dentural Corporation", "Professional Corporation", "Prof. Corp.", "Professional Dentural Corporation", "Professional Denturist Corp.", "Corporation", "Corp.", "Incorporated", "Inc."; and
(e) It has complied with the provisions of Section 165 of this Act; and
(f) Its affairs will be conducted in compliance with the law and the rules and regulations of the Board.
Section 164: SECURITY FOR CLAIMS AGAINST A DENTURAL CORPORATION
(a) When a dentural corporation provides security by means of insurance for claims against it by its patients, the security shall consist of a policy or policies of insurance insuring either the corporation or all the employed licensed persons rendering such dental services against liability imposed by law for damages arising out of the rendering of, or failure to render, denturist services by the corporation in an amount for each claims of at least $50,000 multiplied by the number of employed licensed persons rendering such denturist services and an aggregate maximum limit of liability per policy year of at least $150,000 multiplied by the number of such employees, provided that the maximum coverage shall not be required to exceed $150,000 for each claim and $450,000 for all claims during the policy year, and provided further that the deductible portion of such insurance shall not exceed $5,000 multiplied by the number of such employees.
(b) All shareholders of the corporation shall be jointly and severally liable for all claims established against the corporation by its patients arising out of the rendering of, or failure to render, services up to the minimum amounts specified for insurance under subsection (a) hereof except during periods of time when either the corporation or all the employed licensed persons rendering denturist services provide and maintain insurance for claims by its patients arising out of the rendering of, or failure to render denturist services. Said insurance when provided shall meet the minimum standards established in subsection (a) above.
Section 165: SHARES: OWNERSHIP AND TRANSFER
(a) The shares of a dentural corporation may be owned only by a denturist corporation or by licensed denturists, hereinafter referred to as eligible shareholders, provided, however, that no issuance or transfer of shares may be made which violate the provisions of Section 1309 or Section 1315 of the Absentee Shawnee Business Corporation Act.
(b) A corporation and its shareholders may, but need not, agree that shares sold to it by a person who becomes a disqualified person may be resold to such person if and when he again becomes an eligible.
(c) The share certificates of a dentural corporation shall contain an appropriate legend setting forth the restrictions of sections (a) and (b).
Section 166: ADDITIONAL OFFICES
A dentural corporation shall, prior to the opening of any additional office, make application therefore to the Board and receive permission in writing form the Board to have such additional place of practice.
Section 167-199: RESERVED
Section 1000: STANDARDS OF CONDUCT AND PRACTICE
Each denturist must comply with the following standards in his practice:
(a) There shall be at least three separate rooms:
(1) a reception room
(b) The operatory must have a sink and cuspidor with running water and a disposal system.
(2) an operatory room; and
(3) a laboratory.
(c) There must be a sterilization unit, and cold disinfectant in every office, to insure the protection of the public. Each denturist shall take care to use proper sterilization and sanitation techniques in all phases of his work.
(d) Floors, walls, ceilings, and benches must be kept in a sanitary condition.
(e) Every patient must have a separate and clean bib and a disposable cup.
(f) Every denturist shall wear a clean and professional garment.
(g) Every denturist shall wash his hands with germicidal or antiseptic soap and it must be in the presence of each patient.
(h) Every licensed denturist must carry a current cardioplumonary resuscitation card.
(i) Adequate and conveniently located toilet facilities must be provided within the building.
(j) A complete record of each patient must be kept.
(k) All teeth and materials used shall meet American Dental Association standards.
(l) All nonmetal full dentures shall be permanently identified with the first and last name of the owner at the time of processing the dentures.
Section 1001: NOTICE OF BOARD ADDRESS, GUARANTEE.
A notice must be posted in a conspicuous area on any premises where the practice of denturitry is conducted, with lettering of a size easily read by the average person and in substantially the following forms:
ANY CONSUMER WHO HAS A COMPLAINT RELATING TO PRACTICES OF THIS ESTABLISHMENT MAY CONTACT THE ABSENTEE SHAWNEE TRIBAL BOARD OF DENTURISTS,
All denturist services must be unconditionally guaranteed for a period of not less than 90 days.
Section 1002: ADVERTISING
(a) Subject to the requirements that a denturist neither mislead the public, nor make a self-laudatory statements regarding the quality of his work when such statements can not be analytically shown to be true, a denturist may advertise services through public media, such as a telephone directory, newspaper or other periodical, radio or television or through written communication not involving personal contact.
(b) A copy or recording of an advertisement or written communication shall be kept for three (3) years after its dissemination along with a record of where and when it was used.
(c) If an advertisement is mailed, the denturist shall maintain those records necessary to determine the names of those persons to whom the advertisement is mailed for a period of three (3) years.
(d) Any communication made pursuant to this section shall include the name of at least one denturist responsible for its content.
(e) On the front of each envelope in which an advertisement of a denturist is mailed or on the front of each post card, if the advertisement is printed on a post card, shall be placed the words: "This is an advertisement". These words shall be printed in type size at least as large as the print of the address and shall be located in a conspicious place on the envelope or card.
(f) If a denturist renders services for which a fee has been advertised, the denturist must render that service for no more than the advertised fee.
(g) If a denturist publishes fee information by means of a radio or television, or other electronic media advertisement, the denturist shall be bound by any representation made therein for a period from the date of first broadcast to thirty (30) days after the last broadcast.
(h) If a denturist publishes any fee information in a print media publication that is published more frequently than one time per month, the denturist shall be bound by any representation made therein for a period of not less than thirty (30) days after such publication. If a denturist publishes any fee information in such a publication that is published once a month or less frequently, such denturist shall be bound by any representation made therein until the publication of the succeeding issue. If a denturist publishes any fee information in such a publication which has no fixed date for publication of a succeeding issue, the denturist shall be bound by any representation made therein for a reasonable period of time after publication but in no event less than one (1) year.
(i) A denturist shall not give anything of value, either directly or indirectly to a person for recommending the denturist services except that a denturist may pay the reasonable cost of advertising or written communication permitted by this Section.
Section 1003: JUDICIAL REVIEW OF BOARD ACTION
Any person who shall be aggrieved by any action of the Board in denying, refusing to renew, suspending or revoking a denturist or intern license may appeal therefrom to the Tribal Court. Such appeal shall be perfected by filing with the clerk of the court, within thirty (30) days following the action of the Board of which complaint is made, a notice of appeal setting forth briefly the action complained of wherein the petitioner has been deprived of any legal rights. A copy of the notice of appeal shall be served upon the president or secretary of the Board with notice to Chairperson of the Absentee Shawnee Business Committee in the manner of civil appeal, and the court may sustain or reverse the action of the Board or direct the Board to take any further or other action with regard to the appeal.
Section 1004: HEALTH INSURANCE.
Notwithstanding the provision of any policy of insurance covering dental health, whenever such policy provides for reimbursement for any service which is within the lawful scope of a denturist, the insured under such policy shall be entitled to reimbursement for such service, whether the service is performed by a dentist or denturist. This section shall apply to any policy covering dental insurance issued or in effect after the day upon which this Act becomes effective.
Section 1005: VIOLATION OF ACT
(a) Violation of any of the provisions of this Act by any person subject to the criminal jurisdiction of the Tribal Court shall be punishable as a misdemeanor.
(b) Violation of any of the provisions of this Act shall subject the violator to a civil penalty of not to exceed five hundred dollars per day for each day said violation continues.
Section 1006: LEGISLATIVE REVIEW
The Board shall make a report to the Absentee Shawnee Business Committee on or before April 1st of each calendar year. This report shall consist of a description of the Board's progress in the implementation and administration of this Act, including whatever information may be requested by the Committee, and including any recommendation for legislation which the Board believes would serve the best interests of the public and be of assistance to the profession in rendering services.
Section 1007: SEVERABILITY
If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provisions or application, and to this end the provisions of this Act are declared to be severable.
Section 1008: REPEALING CLAUSE