Topic:
DENTISTS; LICENSING; STATE BOARDS AND COMMISSIONS;
Location:
BOARDS AND COMMISSIONS; DENTISTRY;

OLR Research Report


October 11, 2007

 

2007-R-0592

STATE DENTAL COMMISSION

By: John Kasprak, Senior Attorney

You asked for information on the State Dental Commission.

BACKGROUND

The Connecticut State Dental Commission consists of nine members appointed by the governor who serve at her pleasure. Each member's term is coterminous with the governor's term or until a successor is chosen, whichever is later. Six members must be practicing dentists in the state in good professional standing; the other three are public members (CGS § 20-103a(a); 4-9a). A member is limited to two full consecutive terms. No member can be an elected or appointed officer of a professional association or have been an officer for the year immediately preceding appointment.

The current chairperson is Jeanne Strathearn, D. D. S. of Farmington. The commission's address is 410 Capitol Ave. , P. O. Box 340308, Hartford 06134-0308. The commission must meet at least once during each calendar quarter and as the chairman determines necessary.

By statute, the commission must (1) hear and decide matters concerning suspension or revocation of licensure, (2) adjudicate complaints filed against practitioners, and (3) impose sanctions where appropriate (CGS § 20-103a(b)).

RELATIONSHIP WITH THE DEPARTMENT OF PUBLIC HEALTH (DPH)

DPH has a number of powers and duties concerning various health professional boards and commissions that are within the agency, such as the State Dental Commission. Specifically, DPH must:

1. control funding appropriated to it for the operation of boards and commissions;

2. employ necessary personnel to perform the commission's functions;

3. perform all management functions for the commission (e. g. , bookkeeping, purchasing, payroll, etc. );

4. adopt, with the commission's advice and assistance, any necessary regulations consistent with protecting the public health and safety and necessary for implementing the dentistry laws;

5. develop and perform all necessary administrative functions for processing license applications;

6. determine the eligibility of licensure applicants;

7. administer licensure examinations under the supervision of the commission;

8. perform all administrative functions necessary to process complaints against licensed practitioners;

9. conduct necessary reviews, inspections, or investigations concerning the qualifications of license applicants, disciplinary matters, or possible violations of the law;

10. conduct investigations and follow-up concerning complaints against licensed practitioners; and

11. contract with a third party, if determined necessary by the DPH commissioner, to administer licensure exams and perform related administrative functions (CGS § 19a-14).

The Dental Commission may, with the consent of the DPH commissioner, determine the dental or medical colleges which are considered reputable for purposes of dental licensure. The commission must consult when possible with nationally recognized accrediting agencies when making such determinations (CGS § 20-107).

DISCIPLINARY AUTHORITY

The Dental Commission is authorized by statute to take a variety of disciplinary actions against dental practitioners for:

1. presenting DPH with a diploma, license or certificate obtained illegally or fraudulently;

2. becoming unfit or incompetent or being guilty of cruelty, incompetence, negligence, or indecent conduct towards patients;

3. being convicted criminally under the dentistry laws;

4. employing any unlicensed person for other than mechanical purposes in the practice of dentistry;

5. violating dentistry statutes or regulations;

6. aiding or abetting an unlicensed person in practicing dentistry;

7. designating a limited practice, except as provided by law;

8. engaging in fraud or material deception in the course of professional activities;

9. experiencing physical or mental illness, emotional disorder, or loss of motor skills;

10. abusing drugs, alcohol, narcotics, or chemicals;

11. failing to comply with continuing education requirements; and

12. failing to successfully complete an on-site evaluation in the case of holders of dental anesthesia or conscious sedation permits (CGS § 20-114(a)).

The disciplinary actions available to the commission include revocation or suspension of a practitioner's license; censure of a practitioner; letter of reprimand; placement on probation; or assessment of a civil penalty (CGS § 19a-17; PA 07-272 increases, from $ 10,000 to $ 25,000, the civil penalty that can be assessed against a health care professional).

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