MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare

By: Representative Moody

AN ACT TO REENACT SECTIONS 73-9-1 THROUGH 73-9-19, 73-9-23 THROUGH 73-9-29 AND 73-9-35 THROUGH 73-9-65, MISSISSIPPI CODE OF 1972, WHICH CREATE THE STATE BOARD OF DENTAL EXAMINERS AND PRESCRIBE ITS DUTIES AND POWERS; TO AMEND REENACTED SECTION 73-9-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT DENTAL HYGIENISTS SHALL WORK UNDER THE DIRECT SUPERVISION AND DIRECTION OF A DENTIST; TO AMEND REENACTED SECTION 73-9-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT DENTAL HYGIENISTS IN THE EMPLOY OF THE STATE BOARD OF HEALTH OR PUBLIC SCHOOL BOARDS SHALL BE LIMITED TO ONLY PERFORMING ORAL HYGIENE INSTRUCTIONS AND SCREENING; TO AMEND REENACTED SECTION 73-9-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DENTAL HYGIENIST MEMBER OF THE BOARD SHALL BE APPOINTED FROM A LIST OF NAMES SUBMITTED FROM A POLL OF ALL LICENSED DENTAL HYGIENISTS IN THE STATE; TO AMEND REENACTED SECTION 73-9-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD SHALL ELECT A VICE PRESIDENT EACH YEAR; TO DELETE THE REQUIREMENT THAT BOARD PROCEEDINGS SHALL AT ALL REASONABLE TIMES BE OPEN TO PUBLIC INSPECTION; TO AUTHORIZE THE BOARD TO EMPLOY AN EXECUTIVE DIRECTOR; TO AMEND REENACTED SECTION 73-9-15, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT ALL BOARD ACTION ON RULES, REGULATIONS AND POLICY MATTERS SHALL BE BY ROLL CALL OR MAIL BALLOT IN WHICH THE VOTE OF EACH MEMBER SHALL BE RECORDED; TO DELETE THE REQUIREMENT THAT THE RESULTS OF SUCH VOTES SHALL BE A PUBLIC RECORD; TO AMEND REENACTED SECTION 73-9-19, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR AN ADMINISTRATIVE PENALTY FOR FAILURE OF A DENTIST OR DENTAL HYGIENIST TO NOTIFY THE BOARD OF ANY CHANGE OF ADDRESS; TO AMEND REENACTED SECTION 73-9-23, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT APPLICANTS FOR LICENSURE AS A DENTIST OR DENTAL HYGIENIST SHALL BE A UNITED STATES CITIZEN OR HAVE MADE A FORMAL DECLARATION OF INTENTION TO BECOME A CITIZEN; TO PROVIDE THAT APPLICANTS FOR LICENSURE AS A DENTIST OR DENTAL HYGIENIST WHO HAVE GRADUATED FROM A FOREIGN COUNTRY DENTAL SCHOOL OR DENTAL HYGIENE SCHOOL SHALL BE PROFICIENT IN WRITTEN COMMUNICATIONS IN THE ENGLISH LANGUAGE; TO SPECIFY THE EXAMINATIONS THAT APPLICANTS FOR LICENSURE AS A DENTIST OR DENTAL HYGIENIST MUST SUCCESSFULLY COMPLETE TO BE LICENSED; TO AMEND REENACTED SECTION 73-9-24, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE REQUIREMENTS FOR LICENSURE AS A DENTIST OR DENTAL HYGIENIST BY CREDENTIALS; TO AMEND REENACTED SECTION 73-9-39, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE PRACTICE OF DENTISTRY UNDER A FALSE OR MISLEADING NAME UNLESS THE NAME IS SPECIFICALLY APPROVED BY THE BOARD; TO AMEND REENACTED SECTION 73-9-43, MISSISSIPPI CODE OF 1972, TO PRESCRIBE FEES FOR LICENSURE BY CREDENTIALS; TO EXEMPT DENTAL HYGIENISTS OVER AGE 70 FROM THE PAYMENT OF ANNUAL REGISTRATION FEES; TO DELETE THE PROVISION THAT MONIES IN THE BOARD'S SPECIAL FUND ARE SUBJECT TO THE STATE BUDGET LAWS; TO DELETE THE REQUIREMENT THAT THE STATE AUDITOR SHALL AUDIT THE FINANCIAL AFFAIRS OF THE BOARD AND TRANSACTIONS INVOLVING THE BOARD'S SPECIAL FUND; TO INCREASE THE AMOUNT OF THE COMPENSATION TO BE PAID TO MEMBERS OF THE BOARD; TO AUTHORIZE THE STATE FISCAL OFFICER TO INCREASE THE COMPENSATION AMOUNTS IF HE DETERMINES THAT THEY ARE INSUFFICIENT COMPENSATION FOR BOARD MEMBERS ADMINISTERING LICENSURE EXAMINATIONS; TO AMEND REENACTED SECTION 73-9-57, MISSISSIPPI CODE OF 1972, TO INCREASE THE AMOUNT OF THE MAXIMUM CRIMINAL PENALTIES FOR PRACTICING DENTISTRY OR DENTAL HYGIENE ILLEGALLY; TO AMEND REENACTED SECTION 73-9-61, MISSISSIPPI CODE OF 1972, TO REVISE THE GROUNDS FOR THE BOARD TO TAKE DISCIPLINARY ACTION AGAINST A LICENSEE; TO DELETE THE REQUIREMENT FOR MINIMUM MONETARY PENALTIES TO BE LEVIED BY THE BOARD IN DISCIPLINARY ACTIONS; TO AMEND REENACTED SECTION 73-9-63, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCEDURE FOR BOARD HEARINGS ON COMPLAINTS FILED AGAINST LICENSEES; TO AMEND REENACTED SECTION 73-9-65, MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISION THAT THE BOARD, FOR GOOD CAUSE SHOWN, MAY REINSTATE A SUSPENDED OR REVOKED LICENSE; TO PROVIDE THAT APPEALS OF DISCIPLINARY ACTIONS OF THE BOARD SHALL BE MADE TO THE CHANCERY COURT OF THE FIRST JUDICIAL DISTRICT OF HINDS COUNTY INSTEAD OF IN THE COUNTY IN WHICH THE LICENSEE IS PRACTICING; TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION 73-9-66, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE PRACTICE OF DENTISTRY OR DENTAL HYGIENE WITHOUT A LICENSE, OR DURING ANY PERIOD OF SUSPENSION OF A LICENSE BY THE BOARD OR AFTER REVOCATION OF A LICENSE BY THE BOARD; TO AUTHORIZE THE BOARD TO SUMMON PERSONS TO APPEAR BEFORE IT IF THE BOARD HAS PROBABLE CAUSE TO BELIEVE THAT A PERSON HAS VIOLATED THIS SECTION; TO AUTHORIZE THE BOARD TO LEVY CIVIL MONETARY PENALTIES UPON ANY UNLICENSED PERSON WHO IS FOUND IN VIOLATION OF THIS SECTION; TO AMEND REENACTED SECTIONS 73-9-1, 73-9-25, 73-9-28, 73-9-29, 73-9-35, 73-9-45, 73-9-49 AND 73-9-55, MISSISSIPPI CODE OF 1972, TO MAKE TECHNICAL REVISIONS; TO REPEAL SECTION 73-9-21, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR BOARD SUPPLIES, AND SECTION 73-9-33, MISSISSIPPI CODE OF 1972, WHICH REQUIRES DENTISTS AND DENTAL HYGIENISTS TO FILE THEIR LICENSES FOR RECORD IN THE CIRCUIT CLERK'S OFFICE IN THEIR COUNTY OF RESIDENCE; TO REPEAL SECTION 73-9-67, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE REPEAL OF THE CODE SECTIONS THAT CREATE THE STATE BOARD OF DENTAL EXAMINERS AND PRESCRIBE ITS DUTIES AND POWERS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-9-1 of the Mississippi Code of 1972 is reenacted and amended as follows:

73-9-1. Every person who desires to practice dentistry or dental hygiene in this state must be licensed by the State Board of Dental Examiners.

SECTION 2. Section 73-9-3, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-3. Any person shall be regarded as practicing dentistry within the meaning of this chapter who shall diagnose or profess to diagnose, or examine or contract for the treatment of, or treat or profess to treat, or hold himself out as treating any of the diseases or disorders or lesions of the oral cavity, teeth, gingivae, or maxillary and mandibular bones, or who shall extract teeth, repair or fill cavities in human teeth, correct malposition or irregularities of the teeth or jaws, practice surgery of the head or neck incident to the practice of oral surgery, or construct, repair or mend artificial teeth, crowns or bridges, or who shall administer anesthetics or use X-ray in connection with the practice of dentistry, or who shall engage in any other practice included in the curricula of dental schools accredited by the Council on Dental Education of the American Dental Association, provided that nothing herein shall be so construed as to prevent:

(a) The practice of his profession by a regularly licensed and registered physician under the laws of this state unless he practices dentistry as a specialty; or

(b) The performance of mechanical work upon inanimate objects by persons working in dental offices under the supervision of a dentist; or

(c) The operation of a dental laboratory and taking work by written work authorization from regularly licensed and registered dentists; * * * or

(d) Dentists from outside the state from giving educational clinics or demonstrations before a dental society, convention or association; or

(e) Licensed dentists from outside the state from being called into Mississippi by licensed dentists of this state for consultative or operative purposes when such consultative or operative purposes have been authorized or approved by the board * * * for specified periods of time or as provided for by rules and regulations set forth by the board; or

(f) Applicants for license to practice dentistry in this state from working during examination by and under the supervision and direction of the board * * *; or

(g) The practice of dentistry or of dental hygiene by students under the supervision of instructors in any dental school, college, or dental department of any school, college, or university, or school of dental hygiene recognized by the board, but such activities shall not be carried on for profit; or

(h) Dental interns or externs from being employed by licensed hospitals or other agencies recognized and approved by the board; or

(i) A regularly licensed and registered dentist from the delegation of procedures to a regularly licensed and registered hygienist or other competent dental auxiliary personnel as he may direct while acting under the direct supervision and direction and full responsibility of the dentist except as follows: Those procedures which require the professional judgment and skill of a dentist such as diagnosis, treatment planning, surgical procedures involving hard or soft tissues, or any intra-oral procedure of an irreversible nature which could result in injury to the patient. * * * However, the dentist shall delegate the removal of calcareous deposits only to a regularly licensed and registered dental hygienist as regulated by the * * * board * * *.

All dentists and dental hygienists serving as instructors, professors or residents, as provided for in paragraphs (g) and (h) of this section, shall be required to be licensed by the * * * board * * *.

SECTION 3. Section 73-9-5, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-5. The work of dental hygienists and dental assistants while working in the office of a regularly licensed and registered dentist shall at all times be under the direct supervision and direction of the dentist. Dental hygienists in the employ of the State Board of Health or public school boards shall be limited to only performing oral hygiene instructions and screening under the general supervision and direction of regularly licensed and registered dentists. Dental hygienists recognized by the board * * * when making public demonstrations of dental hygiene for educational purposes shall be under the general supervision and direction of regularly licensed and registered dentists.

The board * * * may prohibit any dental hygienist or other auxiliary personnel from rendering service that it feels is not in the best interest of the public welfare.

SECTION 4. Section 73-9-7, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-7. The duties of the State Board of Dental Examiners, or the "board,"  * * * shall be to carry out the purposes and provisions of the laws pertaining to the practice of dentistry and dental hygiene * * *. The board shall consist of seven (7) regularly licensed, registered and practicing dentists, each a graduate of an accredited college of dentistry and each a regularly licensed, registered and practicing dentist within the State of Mississippi for a period of five (5) or more years next preceding his appointment. No dentist shall be eligible for appointment who is connected in any way with any school of dentistry or the dental supply business.

In addition, the  * * * board * * * shall include one (1) * * * member who shall be a regularly licensed, registered dental hygienist with at least five (5) years' practical experience. The dental hygienist member shall be appointed by the Governor from the state at large from a list of six (6) names submitted by all licensed * * * hygienists in the state in the manner hereinafter provided. The dental hygienist member shall serve for a term of four (4) years and may succeed himself or herself in office. Any vacancy in the dental hygienist board membership shall be filled by the Governor within sixty (60) days, by appointment from the list of nominees submitted for the existing term of office. During the course of each calendar year, the board shall take polls of all licensed dental hygienists practicing in the state, and shall prepare a new list of the six (6) hygienists receiving the highest number of votes to be submitted to the Governor, which shall be used in the appointment of the dental hygienist member. The terms of the hygienist members shall be computed from July 1, 1995.

Except as hereinafter provided, each member of the board who is a dentist shall hold office for the particular term of four (4) years to which he is appointed as differentiated and set out below and until his successor shall be duly appointed and qualified. Any appointment made to fill a vacancy or to replace an incumbent holding over shall terminate in accordance with the designation of the particular term as set out below and until his successor is duly appointed and qualified.

Except for the original appointments, the term of each of the seven (7) dentist appointees provided for herein shall be for a period of four (4) years and shall terminate on and after June 30th of the year set out below for each appointive position:

Appointments one (1) and two (2) in 1964 and each fourth year thereafter; appointment three (3) in 1965 and each fourth year thereafter; appointment four (4) in 1966 and each fourth year thereafter; and appointments five (5) and six (6) in 1967 and each fourth year thereafter. Each subsequent appointment shall be made in chronological order of respective expiration dates; provided, however, that each appointee holding office at the time of passage of this chapter shall continue to serve until the expiration date of the period for which he was appointed, and appointment of such incumbent's successors shall be made in order of the expiration dates of their present commissions.

Upon July 1, 1982, the Governor shall appoint one (1) dentist member of the board from the state at large * * *.

Upon expiration of the term of office of any of the six (6) members of the board who are appointed from districts, the Governor shall appoint his successor from a list of names to be submitted as set out herein. From and after July 1, 1991, all appointments to the * * * board * * * shall be with the advice and consent of the Senate.

As soon after passage of this chapter as feasible, the board shall poll all licensed dentists in the state by dental district as follows:

Dental District One: Alcorn, Benton, Calhoun, Chickasaw, Choctaw, Clay, Itawamba, Lafayette, Lee, Lowndes, Marshall, Monroe, Oktibbeha, Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster;

Dental District Two: Bolivar, Carroll, Coahoma, DeSoto, Grenada, Holmes, Humphreys, Issaquena, Leflore, Montgomery, Panola, Quitman, Sharkey, Sunflower, Tallahatchie, Tate, Tunica, Washington, Yalobusha, Yazoo;

Dental District Three: Attala, Clarke, Covington, Forrest, Jasper, Jones, Kemper, Lamar, Lauderdale, Leake, Neshoba, Newton, Noxubee, Perry, Scott, Smith, Wayne, Winston;

Dental District Four: Hinds, Madison, Rankin, Warren;

Dental District Five: George, Greene, Hancock, Harrison, Jackson, Pearl River, Stone;

Dental District Six: Adams, Amite, Claiborne, Copiah, Franklin, Jefferson Davis, Jefferson, Lawrence, Lincoln, Marion, Pike, Simpson, Walthall, Wilkinson;

and request the submission from each such dental district of three (3) nominations for appointment as members of the board. Thirty (30) days after submitting such request, the board shall list all nominations by district according to the number of votes each received. The top three (3) names from each district shall then be considered as a list of names to be submitted to the Governor as referred to above each time a vacancy occurs in one (1) of the six (6) positions appointed from districts or whenever the Governor requests such submission. During the course of each calendar year, the board shall take like polls of all licensed dentists practicing in each dental district, and shall prepare new lists therefrom to be submitted to the Governor which shall be used in the appointment of the six (6) members appointed from districts.

It is the purpose of this section that no more than one (1) appointee of the six (6) members appointed from districts shall serve from any district at any one (1) time; * * * however, * * * the members serving on the effective date of this section shall continue until their term of office has expired. All subsequent appointments of the six (6) members appointed from districts shall be made in accordance with the provisions of this section, shall be designated by post numbers, and shall be selected by district in accordance with the appropriate list submitted therefor. The names on the lists shall be given priority in accordance with the votes for each nominee. In case of a tie, such persons receiving tie votes shall have their names placed on the list even though it results in more than three (3) names on such list from that district.

The Secretary of State shall, at his discretion, at any time there is sufficient cause, investigate the method and procedure of taking such polls and establishing such lists, and the board shall make available to him all records involved therein; and if the Secretary of State should find cause therefor he may, upon specifying such cause, declare the list invalid, whereupon the board shall follow the procedure set out above to establish a new list. If a vacancy exists and no list is available, the board * * * is * * * to follow the above-described procedure in establishing a new list for the appropriate dental district.

SECTION 5. Section 73-9-9, Mississippi Code of 1972, is reenacted as follows:

73-9-9. The Governor may remove any member of said board on proof of inefficiency, incompetency, immorality, unprofessional conduct, or continued absence from the state, for failure to perform duties, or for other sufficient cause. Any member who shall not attend two (2) consecutive meetings of the board, for any reason other than illness of such member, shall be subject to removal by the Governor. The president of the board shall notify the Governor in writing when any such member has failed to attend two (2) consecutive regular meetings. No removal shall be made without first giving the accused an opportunity to be heard in refutation of the charges made against him, and he shall be entitled to receive a copy of the charges at the time of filing.

SECTION 6. Section 73-9-11, Mississippi Code of 1972, is reenacted as follows:

73-9-11. Each person appointed as a member of the board shall qualify by taking the oath prescribed by the Constitution for the state officers, and shall file certificate thereof in the office of the Secretary of State within fifteen (15) days after his appointment. A majority of the board shall at all times constitute a quorum for the transaction of business.

SECTION 7. Section 73-9-13, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-13. The * * * board * * * shall each year elect from their number a president, a vice president, and a secretary-treasurer to serve for the coming year and until their successors are qualified. The board shall have a seal with appropriate wording to be kept at the offices of the board. The secretary and the executive director of the board shall be required to make bond in such sum and with such surety as the board may determine. It shall be the duty of the executive director to keep a complete record of the acts and proceedings of the board and to preserve all papers, documents and correspondence received by the board relating to its duties and office. * * *

The board shall have the following powers and duties:

(a) To carry out the purposes and provisions of the state laws pertaining to dentistry and dental hygiene, and the practice thereof and matters related thereto, particularly Sections 73-9-1 through 73-9-65, together with all amendments and additions thereto.

(b) To regulate the practice of dentistry and to promulgate reasonable regulations as are necessary or convenient for the protection of the public.

(c) To make rules and regulations by which clinical facilities within institutions, schools, colleges, universities and other agencies may be recognized and approved for the practice of dentistry or of dental hygiene by unlicensed persons therein, as a precondition to their being excepted from the general practice act and authorized in accordance with Section 73-9-3(g) and (h).

(d) To provide for the enforcement of and to enforce the laws of the State of Mississippi and the rules and regulations of the * * * board implementing the provisions of this chapter.

(e) To compile at least once each calendar year and to maintain an adequate list of prospective dentist appointees for approval by the Governor as provided for elsewhere by law, such list being based upon a comprehensive poll of all licensed and registered dentists in the state, the names being arranged in order of preference as shown by such poll.

(f) To issue licenses to dentists and dental hygienists when found to be qualified.

(g) To provide for annual reregistration of dentists and dental hygienists.

(h) To maintain an up-to-date list of all registered dentists and dental hygienists in the state, together with their addresses.

(i) To examine applicants for the practice of dentistry or dental hygiene at least annually.

(j) To issue licenses or duplicates and annual reregistration certificates, to collect and account for fees for same.

(k) To maintain an office adequately staffed insofar as funds are available for the purposes of carrying out the powers and duties of the board, and to employ an executive director to supervise the office, staff and the business of the board.

(l) To provide by appropriate rules and regulations, within the provisions of the state laws, for revoking or suspending dentists' and dental hygienists' licenses and a system of fines for lesser penalties.

(m) To prosecute, investigate or initiate prosecution for violations of the laws of the state pertaining to practice of dentistry or dental hygiene, or matters affecting the rights and duties, or related thereto.

(n) To provide by rules for the conduct of as much board business as practicable by mail, which, when so done, shall be and have the same force and effect as if done in a regular meeting duly organized.

(o) To adopt rules and regulations providing for the reasonable regulation of advertising by dentists and dental hygienists.

(p) To employ, in its discretion, a duly licensed attorney to represent the board in individual cases.

(q) To employ, in its discretion, technical and professional personnel to conduct dental office sedation site visits, monitor state board examinations and carry out the powers and duties of the board.

SECTION 8. Section 73-9-15, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-15.  * * * The dental hygienist member of the board shall only vote on rules, regulations, policy and administrative matters relating to the licensing, qualifications and practice of dental hygiene. * * *

SECTION 9. Section 73-9-17, Mississippi Code of 1972, is reenacted as follows:

73-9-17. The board is authorized to prescribe and enforce regulations and to perform those acts compatible with and authorized by, either directly or by implication, the laws of the state for the purpose of implementing the provisions of this chapter.

SECTION 10. Section 73-9-19, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-19. The * * * board * * * shall maintain a compiled list of the names and post office addresses of all dentists and dental hygienists registered and practicing in the state, arranged alphabetically by name and also by the towns where their offices are situated. Every dentist or dental hygienist shall notify the board within thirty (30) days of any change in address of his office or residence. Failure to keep the board apprised of any change of address may result in an administrative penalty not to exceed Twenty-five Dollars ($25.00) to the dentist or dental hygienist. Every licensed dentist and dental hygienist shall prominently display their current registration, either the original or a notarized copy, in their place or places of business.

Every licensed dentist and dental hygienist shall, in accordance with the laws and rules and regulations of the board, together with appropriate required information and registration fee, apply within the period of sixty (60) days prior to September 1 of each year for annual registration, and the board shall issue such annual registration certificate to any dentist or dental hygienist in active practice and in good standing with the board. Any dentist or dental hygienist performing acts constituting practice or attempted practice of the profession of dentistry or dental hygiene without legally having in his custody a valid active registration certificate or duly issued duplicate therefor in accordance with provisions elsewhere set out may be found guilty and punished or prosecuted therefor in accordance with law * * *. The filing of such application, the payment of such fee, and the issuance of such certificate therefor, shall not entitle the holder thereof to lawfully practice dentistry or dental hygiene within the State of Mississippi unless he has in fact been previously licensed as such practitioner by the * * * board * * * as provided by this chapter * * * and unless the license is in full force and effect; and * * * in any prosecution for the unlawful practice of dentistry, such receipt showing payment of the annual registration fee required by this chapter shall not be treated as evidence that the holder thereof is lawfully entitled to practice dentistry.

Any licensed dentist or dental hygienist who is registered but not actively practicing his profession at the time of making application for renewal, shall be registered on the "inactive" list and shall not be authorized to practice such profession in this state. Such "inactive" list shall be maintained by the board and shall set out the names and post-office addresses of all dentists and dental hygienists registered but not actively practicing in this state, arranged alphabetically by name and also by the towns and states of their last known professional or residential address. However, licensed dentists or dental hygienists actively practicing in another state at a veterans hospital, federal government facility or residency graduate school program at the time of renewal shall not be registered on the inactive list.

Only the dentists and dental hygienists registered on the appropriate list as actively practicing in the State of Mississippi shall be authorized to practice such profession. For the purpose of this section, any licensed dentist or dental hygienist who has actively practiced his profession for at least three (3) months of the immediately preceding license renewal period shall be considered in active practice.

No dentist or dental hygienist shall be registered on the "inactive" list until the dentist or dental hygienist has been furnished a statement of intent to take such action by the board; and the board shall notify the licensee by mail that on the day fixed for hearing he may appear and show cause, if any, why his license to practice dentistry or dental hygiene should remain active. The licensee may be present at the hearing in person, by counsel, or both. For the purpose of such hearing the board is * * * empowered to require the attendance of witnesses, administer oaths and hear testimony, either oral or documentary, for and against the licensee, and if after such hearing, the board shall be satisfied that the dentist or dental hygienist shall be registered on the inactive list, it shall thereupon without further notice take such action.

Any licensed dentist or dental hygienist registered on the "inactive" list shall not be eligible for registration on the active list until either of the following conditions have been satisfied:

(a) Written application shall be submitted to the secretary of the * * * board * * * stating the reasons for such inactivity and setting forth such other information as the board may require on an individual basis; or

(b) Evidence to the satisfaction of the board shall be submitted that they have actively practiced their profession in good standing in another state and have not been guilty of conduct that would warrant suspension or revocation as provided by applicable law.

SECTION 11. Section 73-9-23, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-23. (1) No person who desires to practice dentistry or dental hygiene in the State of Mississippi shall be licensed until that person has passed an examination by the board. Applicants for examination shall apply in writing to the secretary of the board * * * for an examination at least thirty (30) days prior to the examination and shall upon application pay a nonrefundable fee * * * as elsewhere provided in this chapter.

(2) An applicant for examination for licensure as a dentist who is a graduate of a dental school in the United States shall:

(a) * * * Be of good moral character, be possessed of a high school education and have attained the age of twenty-one (21) years;  * * *

(b) Exhibit with the application a diploma or certificate of graduation from a dental school accredited by the Commission on Accreditation of Dental and Dental Auxiliary Educational Programs of the American Dental Association, except as otherwise provided in this section; and

(c) Have successfully completed parts I and II of the National Board Examinations of the Joint Commission on National Dental Examinations, unless the applicant graduated from an accredited dental school before 1960.

(3) An applicant for licensure as a dentist who is a graduate of a foreign country dental school shall:

(a) * * * Be of good moral character and have attained the age of twenty-one (21) years;

(b) Be proficient in oral and written communications in the English language;

(c) Have completed not less than six (6) academic years of postsecondary study and graduated from a foreign dental school * * *;

(d) Have been licensed as a dentist or admitted to the practice of dentistry in the foreign country in which the applicant received foreign dental school training;

(e) Have successfully completed at least two (2) years of clinical training in a dental school accredited by the Commission on Accreditation of Dental and Dental Auxiliary Educational Programs of the American Dental Association; and

(f) Have successfully completed Parts I and II of the National Board Examinations of the Joint Commission on National Dental Examinations unless the applicant graduated from an approved dental school before 1960.

(4) An applicant for licensure as a dental hygienist shall:

(a) * * * Be of good moral character, be possessed of a high school education and have attained the age of eighteen (18) years;  * * *

(b) Exhibit with the application a diploma or certificate of graduation from a dental hygienist school accredited by the Commission on Accreditation of Dental and Dental Auxiliary Educational Programs of the American Dental Association; and

(c) Have successfully completed the National Board Dental Hygiene Examinations of the Joint Commission on National Dental Examinations.

(5) An applicant for licensure as a dental hygienist who is a graduate of a foreign country dental hygiene school shall:

(a) * * * Be of good moral character and have attained the age of eighteen (18) years;

(b) Be proficient in oral and written communications in the English language;

(c) Have completed not less than two (2) academic years of postsecondary study and graduated from a foreign dental hygiene school * * *;

(d) Have been licensed as a dental hygienist or admitted to the practice of dental hygiene in the foreign country in which the applicant received foreign dental hygiene school training;

(e) Have successfully completed at least one (1) year of clinical training in a dental hygiene school accredited by the Commission on Accreditation of Dental and Dental Auxiliary Educational Programs of the American Dental Association; and

(f) Have successfully completed the National Board Dental Hygiene Examinations of the Joint Commission on National Dental Examinations.

(6) Applications shall be made in the form and content as required in this section and as shall be prescribed by the board, and each applicant shall submit upon request such proof as the board may require as to age, character and qualifications. Applications must be signed by two (2) respectable citizens of the state of which the applicant is a resident, attesting under oath that the applicant, * * * when * * * required of an applicant by this section, possesses a high school education and is of good moral character. All applicants for licensure shall submit an endorsement from all states in which he or she is currently licensed or has ever been licensed to practice dentistry or dental hygiene, and the board may disallow the licensure examination to any applicant who has been guilty of an offense in another state or jurisdiction which would disqualify their practicing in the State of Mississippi.

(7) Examination shall be as elsewhere provided in this chapter and the board may by its rules and regulations prescribe reasonable professional standards for oral, written, clinical and other examination given to applicants and for readmission to examination. Each applicant shall appear before the board and be examined by it touching his or her learning and skill in dentistry or dental hygiene. If found by the members of the board conducting the examination to possess sufficient learning and skill therein and to be of good moral character, the board shall, as early as practicable, grant to such person a license to practice dentistry or dental hygiene, as the case may be, which shall be signed by each member of the board who attended the examination and approved the issuance of a license.

(8) The board * * * may, at its own discretion, accept certification of a licensure applicant, either dentist or dental hygienist, by the National Board of Dental Examiners in lieu of the written examination. However, in all such instances the board shall retain the right to administer such further practical examinations and demonstrations as it deems necessary.

SECTION 12. Section 73-9-24, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-24. (1) In addition to the method for obtaining a license to practice dentistry or dental hygiene by way of examination as provided by Section 73-9-23, a candidate may also obtain a license, in the discretion of the board, by meeting the following criteria:

(a) Be engaged in the active practice of dentistry or in full-time dental education or dental hygiene for the past five (5) years;

(b) Currently hold a valid, unrevoked and unexpired license in a state whose examination standards are regarded by the board as equivalent to Mississippi's standards, and whose standards for licensure by credentials are determined by the board as equivalent to Mississippi's standards;

(c) Provides an endorsement from all states in which he is currently licensed or has ever been licensed to practice dentistry or dental hygiene, and the board may disallow licensure to any applicant who has been guilty of an offense in another state or jurisdiction which would disqualify his practice in the State of Mississippi;

(d) Has not been the subject of pending or final disciplinary action in any state in which the applicant has been licensed;

(e) Provides a written statement agreeing to appear for interviews at the request of the board;

(f) Provides grades from the national board's examination, or equivalent examination, to be determined by the board, with a passing average; and

(g) Successfully passes a written jurisprudence examination;

(h) Provides payment of a nonrefundable application fee as provided in Section 73-9-43; and

(i) In addition, the * * * board * * * may, at its discretion, require any applicant for licensure by credentialing to meet the following criteria or to provide any of the following information:

(i) Information from the National Practitioner Data Bank and/or the American Association of Dental Examiners Clearinghouse for Disciplinary Information.

(ii) Questioning under oath.

(iii) Results of peer review reports from constituent societies and/or federal dental services.

(iv) Substance abuse testing or treatment.

(v) Background checks for criminal or fraudulent activities.

(vi) Participation in Continuing Education.

(vii) A current certificate in cardiopulmonary resuscitation.

(viii) Recent patient case reports and/or oral defense of diagnosis and treatment plans.

(ix) No physical or psychological impairment that would adversely affect the ability to deliver quality dental care.

(x) Agreement to initiate practice in the credentialing jurisdiction within a reasonable period of time.

(xi) Proof of professional liability coverage and that such coverage has not been refused, declined, canceled, nonrenewed or modified.

(2) An applicant for licensure by credentials as a dentist shall:

(a) be of good moral character, be possessed of a high school education and have attained the age of twenty-one (21) years:

(b) Exhibit with the application a diploma or certificate of graduation from a dental school accredited by the Commission on Accreditation of Dental and Dental Auxiliary Education Programs of the American Dental Association, except as otherwise provided in this section; and

(c) Have successfully completed Parts I and II of the National Board Examinations of the Joint Commission on National Dental Examinations unless the applicant graduated from an accredited dental school before 1960.

(3) An applicant for licensure by credentials as a dentist who is a graduate of a foreign country dental school shall, in addition to the other requirements in this section:

(a) Be of good moral character and have attained the age of twenty-one (21) years;

(b) Be proficient in oral and written communications in the English language;

(c) Have completed not less than six (6) academic years of postsecondary study and graduated from a foreign dental school;

(d) Have been licensed as a dentist or admitted to the practice of dentistry in the foreign country in which the applicant received foreign dental school training;

(e) Have successfully completed at least two (2) years of clinical training in a dental school accredited by the Commission on Accreditation of Dental and Dental Auxiliary Education Programs of the American Dental Association; and

(f) Have successfully completed Parts I and II of the National Board Examinations of the Joint Commission on National Dental Examinations unless the applicant graduated from an approved dental school before 1960.

(4) An applicant for licensure by credentials as a dental hygienist shall:

(a) Be of good moral character, be possessed of a high school education and have attained the age of eighteen (18) years;

(b) Exhibit with the application a diploma or certificate of graduation from a dental hygiene school accredited by the Commission on Accreditation of Dental and Dental Auxiliary Education Programs of the American Dental Association, and

(c) Have successfully completed the National Board Dental Hygiene Examinations of the Joint Commission on National Dental Examinations.

(5) An applicant for licensure by credentials as a dental hygienist who is a graduate of a foreign country hygiene school shall:

(a) Be of good moral character and have attained the age of eighteen (18) years;

(b) Be proficient in oral and written communications in the English language;

(c) Have completed not less than two (2) academic years of postsecondary study and graduated from a foreign dental hygiene school;

(d) Have been licensed as a dental hygienist or admitted to the practice of dental hygiene in the foreign country in which the applicant received foreign dental hygiene school training;

(e) Have successfully completed at least one (1) year of clinical training in a dental hygiene school accredited by the Commission on Accreditation of Dental and Dental Auxiliary Education Programs of the American Dental Association; and

(f) Have successfully completed the National Board Dental Hygiene Examinations of the Joint Commission on National Dental Examinations.

(6) Upon meeting the criteria in subsections (1) through (5) of this section, the * * * board * * * may, at its discretion, issue to the applicant a license to practice dentistry, or dental hygiene. Evidence of falsification in the application for licensure through credentialing will result in revocation of such license.

(7) Any applicant applying for a specialty license by credentials must stay within his board recognized specialty and must practice only that specialty within the State of Mississippi. A specialty license holder must hold a general dentistry license prior to obtaining a specialty license.

SECTION 13. Section 73-9-25, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-25. The regular meeting of the * * * board * * * shall be held in June of each year for the purpose of examining applicants for license to practice dentistry and dental hygiene, and continue in session until all applicants for license have been examined and their examinations have been approved or disapproved. The board in its discretion, may meet * * * at such other times as necessary to examine candidates and to conduct board business.

As far as practicable, all examinations, except as to character, shall be upon written questions. Examinations for license to practice dentistry shall be upon the following subjects: anatomy, anesthesiology, biochemistry, community health, dental auxiliary utilization, dental materials science, diagnosis and treatment planning, embryology, endodontics, ethics, growth and development, history, hospital dental service, internal medicine, jurisprudence, microbiology, occlusion, operative dentistry, oral anatomy, oral surgery, orthodontics, pathology, pedodontics, pharmacology, physiology, practice administration, preventive dentistry, prosthodontics-- fixed and removable, and roentgenology, as they pertain to dentistry, together with a practical examination in operative and mechanical dentistry. Examinations for license to practice dental hygiene shall cover the subjects taught in the recognized schools of dental hygiene together with such other subjects and practical demonstrations as the board may require.

The state shall furnish necessary equipment for the required practical examinations for dentists and dental hygienists, and properly house and care for same.

SECTION 14. Section 73-9-27, Mississippi Code of 1972, is reenacted as follows:

73-9-27. Each license issued by the board shall bear a serial number, the full name and residence of licensee, the date of issuance, the seal of the board, and shall be attested by the signatures of all the board attending the examination. Certified copies of the license may be issued by the president and secretary under their signature and seal, for which the secretary shall collect a fee as elsewhere provided in this chapter.

SECTION 15. Section 73-9-28, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-28. The * * * board * * * is * * * vested with the authority to promulgate rules and regulations allowing special categories of licenses, certificates, specialty certificates and permits by which institutional, teaching and provisional privileges may be granted on an individual basis, pursuant to such rules and regulations prescribing the qualifications, conditions and limitations of such privileges as may be established by the board. Such qualifications, conditions and limitations shall pertain to applicants who require but are eligible for less than complete resident licensure as provided for in this chapter.

Application for such special category of license, certificate, specialty certificate or permit, and the renewal thereof, shall be made to the secretary of the board in writing in accordance with such rules and regulations as the board may adopt. The secretary shall collect a fee therefor as provided in Section 73-9-43.

SECTION 16. Section 73-9-29, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-29. Any dentist of this state licensed by the * * * board * * *, who has complied with the requirements specified by the Council on Dental Education of the American Dental Association, in a specialty branch of dentistry or who has otherwise met the requirements of the rules and regulations promulgated by the board may apply for a certificate as a specialist. Such application shall be accompanied by the payment of a fee not to exceed Four Hundred Dollars ($400.00) and such application must be on file for at least sixty (60) days prior to the regular meeting of the board, and if the application is accepted the applicant may be notified to appear for examination before the board and a committee of that particular specialty, if available, appointed by the board. Examinations may be oral, written, or both, and the applicant may be required to demonstrate his knowledge and proficiency in the specialty in which he desires to be certified. The board is authorized to certify specialists in all specialty areas approved by the American Dental Association.

Any dentist not licensed by the * * * board * * * but who is eligible to take the * * * board examination, and is further eligible for specialty examination, may take both examinations at the discretion of the board.

No licensed dentist shall hold himself out to the public as a specialist, or publicly announce as being specially qualified in any particular branch of dentistry, or publicly announce as giving special attention to any branch of dentistry, until he has been issued a certificate by the board authorizing him to do so. Failure to comply shall be cause for his dental license to be revoked or suspended.

Only the following shall be eligible to announce as specialists:

(a) A diplomate of a specialty board approved by the American Dental Association;

(b) A dentist who has complied with requirements as specified by the Council on Dental Education of the American Dental Association for graduate training in the specialty sought to be announced, such training to meet the educational or training requirement for diplomate status;

(c) A dentist who has announced a specialized practice in one (1) of the special areas of dental practice within the State of Mississippi for at least five (5) years prior to January 1, 1970, and who meets the requirements elsewhere in this section may be granted a specialist certificate upon application and payment only of an initial specialty registration fee.

A dentist specialist's certificate shall be revoked upon the revocation of the holder's license to practice dentistry in Mississippi.

SECTION 17. Section 73-9-35, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-35. The holder of either of the licenses provided for, shall at all times, upon request, exhibit same, together with the certificate of recordation, to any member of the board, * * * or his authorized agent or to any officer of the law.

SECTION 18. Section 73-9-37, Mississippi Code of 1972, is reenacted as follows:

73-9-37. If a license to practice dentistry or dental hygiene be issued and be lost or destroyed, the board may issue another in lieu thereof, upon satisfactory proof of such loss or destruction.

SECTION 19. Section 73-9-39, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-39. It shall be unlawful for any person or persons to practice or offer to practice dentistry under * * * a false or misleading name unless such name shall be specifically approved by the board.

SECTION 20. Section 73-9-41, Mississippi Code of 1972, is reenacted as follows:

73-9-41. No person practicing dentistry or dental hygiene in this state without first complying with the provisions of this chapter shall be entitled to collect any fee, salary or reward for his or her service. A person not licensed to practice dentistry under the laws of this state shall not, (1) take impressions or casts of the human mouth or teeth, (2) construct or supply dentures without the authorization or prescription of a person licensed under the laws of this state to practice dentistry, and (3) construct or supply dentures from impressions or casts without the authorization or prescription of a person licensed under the laws of this state to practice dentistry.

SECTION 21. Section 73-9-43, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-43. (1) The secretary shall collect in advance all fees provided for in this chapter as established by the board, not to exceed:

Application for specialty certificate 400.00

Application for dental license by credentials 2,500.00

Application for dental hygienist license 200.00

Application for dental hygienist license

by credentials 1,000.00

Failure to timely notify board of address change 25.00

Application for institutional, teaching

or provisional license 50.00

Application for general anesthesia permit 200.00

Application for I.V. sedation permit 200.00

Application for radiology permit 40.00

Annual dentist registration 200.00

Annual specialty registration 100.00

Annual dental hygienist registration 100.00

Annual institutional, teaching or

provisional registration 200.00

Annual anesthesia/sedation permit registration 100.00

Annual radiology permit registration 20.00

Duplicate license 40.00

Certificate of recommendation 40.00

Certified copy of license 40.00

Handling fee for nonsufficient-funds checks 50.00

The payment of annual * * * registration fees shall be optional with all dentists and dental hygienists over the age of seventy (70) years.

(2) The board may enact and enforce for delinquency in payment for any fees set out in this section a penalty in addition to the fee of an amount up to but not in excess of the fee. An additional fee of an amount equal to the first penalty may be assessed for each thirty (30) days, or part thereof, of delinquency. If any licensed and registered dentist or dental hygienist should be delinquent in payment of registration fees for a period as long as ninety (90) days, such person shall be presumed to be no longer practicing and shall be stricken from the rolls, and in order to practice his or her profession in this state thereafter may, at the discretion of the board, be considered as a new applicant and subject to examination and other licensing requirements as an original applicant.

(3) The secretary shall faithfully account for all monies received by the board. All fees and any other monies received by the board, except monetary penalties collected under Section 73-9-61, shall be deposited in a special fund that is created in the State Treasury and shall be used for the implementation and administration of this chapter when appropriated by the Legislature for such purpose. * * * Any unexpended monies remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund.

(4) All fees collected from applicants, duplicate licenses, certificates of recommendation and certified copies of licenses shall be distributed among the members of the board in such proportion as to allow the secretary and president additional remuneration from that received by each of the other six (6) members as their compensation for examining applicants for licensure. However, * * * for examining applicants for licensure the secretary and president shall receive Three Thousand Six Hundred Dollars ($3,600.00) per year and the other members shall receive Two Thousand Eight Hundred Dollars ($2,800.00) per year. The State Fiscal Officer shall have the authority to increase those amounts upon determining that such amounts are not sufficient compensation for the duties exercised by the board members in administering the licensure examinations. The receipt of said compensation shall not entitle members of the board to receive or be eligible for any state employee group insurance, retirement or other fringe benefits. Provided further, that any fees or income other than the maximum allowable for examining applicants for licensure as set out above shall be accounted for and may be used as needed in carrying out the provisions of this chapter.

SECTION 22. Section 73-9-45, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-45. Each member of the board * * * is constituted an agent who shall investigate all complaints and all alleged cases of noncompliance with, or violation of the provisions of this chapter and shall bring all such matters to the notice of the proper prosecuting officers, where it appears probable that an offense has been committed.

SECTION 23. Section 73-9-47, Mississippi Code of 1972, is reenacted as follows:

73-9-47. The board shall, as far as practicable, provide by rule for the conduct of its business by mail, but all examinations shall be conducted in person by the board, or by a quorum thereof as provided herein.

Any official action or vote taken by mail shall be preserved by the secretary in the same manner as the minutes of regular meetings.

SECTION 24. Section 73-9-49, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-49. The secretary of the board shall, at its regular annual meeting, submit a report of its receipts and disbursements for the preceding year, and a report of its actions in general during the preceding year. * * *

SECTION 25. Section 73-9-51, Mississippi Code of 1972, is reenacted as follows:

73-9-51. No member of the board shall during the term of his office or thereafter, be required to defend any action for damages in any of the courts of this state where it is shown that said damage followed or resulted from any of the official acts of said board in the performance of its powers, duties or authority as set forth in this chapter. Any such action filed shall upon motion be dismissed, at the cost of the plaintiff, with prejudice.

SECTION 26. Section 73-9-53, Mississippi Code of 1972, is reenacted as follows:

73-9-53. Legally licensed pharmacists of this state are hereby authorized to fill prescriptions of legally licensed and registered dentists of this state for any drugs to be used in the practice of dentistry.

SECTION 27. Section 73-9-55, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-55. A written work authorization shall accompany all dental laboratory work sent by a licensed dentist to a commercial dental laboratory or private dental laboratory technician.

The original of the written authorization shall be kept on file by a commercial dental laboratory or a private dental laboratory technician for a period of time required by the * * * board * * *, not to exceed two (2) years from the date it was received, and one (1) carbon copy of this written work authorization shall be kept on file by the licensed dentist executing this written work authorization for a like period not to exceed two (2) years from the date it was issued.

This * * * written work authorization shall include the following information:

(a) Date signed.

(b) The name and address of the commercial dental laboratory or private dental laboratory technician.

(c) The name or identification number of the patient for whom the act or service is ordered.

(d) The licensed dentist's name, address and license number.

(e) The signature of the licensed dentist.

(f) The description of the kind and type of appliance, process, fabrication, service or material ordered.

Any dental laboratory having received a work authorization from a licensed dentist for any appliance, process, fabrication, service or material, who shall thereafter secure the services of another dental laboratory for the performance of any such work or services, shall furnish to such laboratory a written work order therefor, and both laboratories shall keep on file a record thereof for a like period not to exceed two (2) years from the date received.

In the enforcement of this section and the foregoing rules and regulations promulgated pursuant thereto, the members of the board * * *, their agents, investigators and employees shall have the right to inspect the records of any dental office or any dental laboratory during regular office hours.

SECTION 28. Section 73-9-57, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-57. If any person for any reason whatsoever, shall practice, attempt, or offer to practice dentistry or dental hygiene illegally within the meaning of this chapter, he or she shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) or be imprisoned in the county jail not less than two (2) months nor more than six (6) months.

SECTION 29. Section 73-9-59, Mississippi Code of 1972, is reenacted as follows:

73-9-59. It shall be the duty of the several prosecuting officers of this state on notice from a member of the board or other persons having knowledge of violations of this chapter to institute prosecutions in the same manner as for other misdemeanors.

SECTION 30. Section 73-9-61, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-61. (1)  * * * The * * * board may deny an application for a license or may revoke or suspend the license of any licensed dentist or dental hygienist practicing in the State of Mississippi, or take any other action in relation to the license as the board may deem proper under the circumstances, for any of the following reasons:

(a) Misrepresentation in obtaining a license, or a willful violation of any of the provisions of the laws of the State of Mississippi pertaining to the practice of dentistry or dental hygiene.

(b)  * * * Violation of any of the rules or regulations duly promulgated by the board, or of any of the rules or regulations duly promulgated by the appropriate dental licensure agency of another state or jurisdiction.

(c)  * * * Habitual personal use of intoxicants or drugs which have addiction-forming or addiction-sustaining liability.

(d) Administering, dispensing or prescribing any prescriptive drug outside the course of legitimate professional dental practice.

(e) Conviction of violation of any federal or state law regulating the possession, distribution or use of any narcotic drug or any drug considered a controlled substance under state or federal law, a certified copy of the conviction order or judgment rendered by the trial court being prima facia evidence thereof, notwithstanding the pendency of any appeal.

(f) Malpractice, gross ignorance, incompetency or the employing of unlicensed persons to perform work which under state law can only be done legally by persons holding a license to practice in this state.

(g) Any unprofessional conduct to be determined by the board on a case-by-case basis, which shall include but not be restricted to the following:

(i) Committing any crime involving moral turpitude.

(ii) Practicing deceit or other fraud upon the public.

(iii) Practicing dentistry or dental hygiene under a false or assumed name that is contrary to Section 73-9-39 or violates a rule or regulation of the board.

(iv) Advertising that is false, deceptive or misleading.

(v) Announcing a specialized practice shall be considered advertising that tends to deceive or mislead the public unless the dentist announcing as a specialist conforms to other statutory provisions and the duly promulgated rules or regulations of the board pertaining to practice of dentistry in the State of Mississippi.

(vi)  * * * Refusal to abide by the principles of ethics which are approved and published by the American Dental Association, when such principles have been adopted by the * * * board * * * and after due notice of such allegation or violation has been given to such person charged and he has had reasonable time, not to exceed fifteen (15) days, to comply therewith.

(h) Being guilty of an offense under the laws of a state punishable by death or imprisonment for a term exceeding one (1) year; or being guilty of an offense under the laws of the federal government punishable by death or imprisonment for a term exceeding one (1) year. A certified copy of such order of conviction in a state or federal court shall constitute prima facie evidence of * * * guilt in proceedings before the board for the purpose of determining whether the license of any licensed dentist or dental hygienist should be revoked or suspended, notwithstanding the pendency of any appeal.

(i) Willful * * * and continuing refusal to cooperate with the board in observing its rules and regulations in promptly paying all legal license or other fees required by law.

(j) Practicing dentistry or dental hygiene while such person's license is suspended.

(2) In lieu of revocation of a license as provided for above, the board may suspend the license of the offending dentist or dental hygienist, suspend the sedation permit of the offending dentist, or take any other action in relation to his license as the board may deem proper under the circumstances.

(3) When a license to practice dentistry or dental hygiene is revoked or suspended by the board, the board may, in its discretion, stay such revocation or suspension and simultaneously place the licensee on probation upon the condition that such licensee shall not violate the laws of the State of Mississippi pertaining to the practice of dentistry or dental hygiene and shall not violate the rules and regulations of the board and shall not violate any terms in relation to his license as may be set by the board.

(4) In a disciplinary proceeding conducted under this section, * * * the board shall have the * * * authority to revoke, suspend, restrict or take other appropriate action against a license and also may assess upon a licensee a monetary penalty, as follows:

(a) For the first violation of any of subparagraph (a), (b), (c), (d), (e), (f) or (g) of subsection (1) of this section, a monetary penalty * * * not to exceed Five Hundred Dollars ($500.00).

(b) For the second violation of any of subparagraph (a), (b), (c), (d), (e), (f) or (g) of subsection (1) of this section, a monetary penalty * * * not to exceed One Thousand Dollars ($1,000.00).

(c) For the third and any subsequent violation of any of subparagraph (a), (b), (c), (d), (e), (f) or (g) of subsection (1) of this section, a monetary penalty * * * not to exceed Five Thousand Dollars ($5,000.00).

(d) For any violation of any of subparagraph (a), (b), (c), (d), (e), (f), (g) or (h) of subsection (1) of this section, those reasonable costs that are expended by the board in the investigation and conduct of a disciplinary proceeding * * *, including but not limited to the cost of process service, court reporters, expert witnesses and investigators.

(5) The * * * authority of the board to assess and levy such monetary penalties hereunder shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations * * *.

(6) A licensee shall have the right of appeal from the assessment and levy of a monetary penalty as provided in this section under the same conditions as a right of appeal is provided elsewhere for appeals from an adverse ruling, order or decision of the board.

(7) Any monetary penalty assessed and levied under this section shall not take effect until after the time for appeal shall have expired. In the event of an appeal, such appeal shall act as a supersedeas.

(8) A monetary penalty assessed and levied under this section shall be paid to the board by the licensee upon the expiration of the period allowed for appeal of such penalties under this section or may be paid sooner if the licensee elects. With the exception of subsection (4)(d) of this section, monetary penalties collected by the board under this section shall be deposited to the credit of the General Fund of the State Treasury. Any monies collected by the board under subsection (4)(d) of this section shall be deposited into the special fund * * * of the board.

(9) When payment of a monetary penalty assessed and levied by the board against a licensee in accordance with this section is not paid by the licensee when due under this section, the board shall have power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county and judicial district of residence of the licensee, and if the licensee be a nonresident of the State of Mississippi, such proceedings shall be in the Chancery Court of the First Judicial District of Hinds County, Mississippi.

(10) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

SECTION 31. Section 73-9-63, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-63. A complaint may be filed with the secretary or executive director of the board * * * by any person charging a licensed dentist or dental hygienist with the commission of any of the offenses enumerated in the preceding section. Such complaint shall be in writing and signed by the accuser, or accusers. If upon review of the complaint, the board determines that there is not substantial justification to believe that the accused dentist or dental hygienist has committed any of the offenses enumerated in the preceding section, it may dismiss the complaint * * *. In the event of a dismissal, the person filing the complaint and the accused dentist or dental hygienist shall be given written notice of the board's determination. If the board determines that a hearing should be held to determine the validity of the complaint, the executive director of the board shall set a day for a hearing, and shall transmit to the accused a true copy of all papers filed with him relating to such complaint, and shall notify the accused that on the day fixed for hearing he may appear and show cause if any why his or her license to practice dentistry or dental hygiene in the state should not be revoked or have other disciplinary action taken against it. The board may, by regulation, establish a panel consisting of at least one (1) board member to review complaints to determine whether such complaints should proceed to formal hearing.

Nothing in this section shall prevent the board from determining that it should investigate a licensee without a sworn complaint.

For the purpose of such hearings or investigation of complaints, the board, or its designee, is * * * empowered to require the attendance of witnesses, reimburse witnesses for necessary expenses and mileage incurred * * *, subpoena documents and records, employ and compensate expert witnesses, administer oaths and hear testimony, either oral or documentary, for and against the accused. * * * Hearings shall be conducted by a majority of the members of the board. A record of the hearing shall be made which shall consist of * * * all testimony received and all documents and other material introduced. If after such hearing the board shall be satisfied that the accused has been guilty of the offense charged in the accusation, it shall thereupon, without further notice, order such disciplinary action as it deems proper.

SECTION 32. Section 73-9-65, Mississippi Code of 1972, is reenacted and amended as follows:

73-9-65. No disciplinary action * * * shall be taken against a licensee until the accused has been furnished a statement of the charges * * * and a notice of the time and place of hearing thereof. The accused may be present at the hearing in person, by counsel, or both.  * * * Appeal of an adverse ruling by a licensee shall be to the chancery court of the First Judicial District of Hinds County, and must be taken within thirty (30) days after the date of the * * * board order. The appeal is perfected upon filing notice of appeal, together with bond in the sum of One Hundred Dollars ($100.00), * * * conditioned that if the disciplinary action of the board * * * is affirmed by the chancery court the dentist or dental hygienist will pay the costs of the appeal and the action in the chancery court.  * * * In lieu of the bond, the dentist or dental hygienist may deposit One Hundred Dollars ($100.00) with the clerk of the chancery court. If there is an appeal, such appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas. The licensee shall bear the cost of transcript preparation for such appeal. The chancery court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation. Appeals may be had to the Supreme Court of the State of Mississippi as provided by law from any final action of the chancery court. No such person shall be allowed to practice dentistry or dental hygiene or deliver health care services in violation of any action of the chancery court revoking or suspending his or her license while any such appeal to the Supreme Court is pending.

Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

SECTION 33. The following shall be codified as Section 73-9-66, Mississippi Code of 1972:

73-9-66. (1) No person shall practice, attempt to practice or offer to practice dentistry or dental hygiene within the state without first having been authorized and issued a license by the board; nor shall any person practice, attempt to practice, offer to practice dentistry or dental hygiene within the state during any period of suspension of his license by the board or after revocation by the board of any license theretofore issued the offending person.

(2) The fact that any person engages in or performs or offers to engage in or performs any of the practices, acts or operations set forth in Section 73-9-3, 73-9-5 or 73-9-41 is prima facia evidence that such a person is engaged in the illegal practice of dentistry or dental hygiene.

(3) In addition to any other civil remedy or criminal penalty, provided for in this chapter, the executive director or secretary of the board may issue a summons to appear before the board to any person or persons who the board has probable cause to believe has violated this section by practicing, attempting to practice, or offering to practice dentistry or dental hygiene without a current, valid license or permit. The summons shall command each person to who it is directed to attend and give testimony at a time and place specified in the summons. The summons shall be served upon the individual personally or by any type of mailing requiring a return receipt, and shall include a statement of the charges and an explanation of the manner in which the unlicensed person shall be required to respond.

(4) In proceedings conducted pursuant to subsection (3) of this section, the board may levy for each and every violation a civil penalty upon any unlicensed person who, after a hearing, is found to have practiced dentistry or dental hygiene without the benefit of a current, valid license having been issued by the board under this chapter, as follows:

(a) For the first violation, a monetary penalty of not more than Five Hundred Dollars ($500.00).

(b) For the second violation, a monetary penalty of not more than One Thousand Dollars ($1,000.00).

(c) For the third and any subsequent violations, a monetary penalty of not more than Five Thousand Dollars ($5,000.00).

(d) For any violation, the board may assess those reasonable costs that are expended by the board in the investigation and conduct of the hearing as provided in subsection (3) of this section, including but not limited to the cost of process service, court reporters, expert witnesses and investigators, and legal fees. Appeals from the board's decision may be taken as provided in Section 73-9-65. Any monetary penalty or assessment levied under this section shall be paid to the board by the illegal practitioner upon the expiration of the period allowed for appealing such penalties or may be paid sooner if the illegal practitioner elects. Monetary penalties collected by the board under this section shall be deposited to the credit of the General Fund of the State Treasury. Any monies collected for assessment of costs by the board shall be deposited into the special fund of the board.

(5) No person practicing dentistry or dental hygiene without a current valid license or temporary permit shall have the right to receive any compensation for services so rendered. In addition to any other penalties imposed under this section, any person who practices dentistry or dental hygiene without a license shall return any fees collected for practicing dentistry or dental hygiene and shall be liable for any damages resulting from negligent conduct. The board or any patient shall have the right to enforce the obligation provided in this section.

SECTION 34. Section 73-9-21, Mississippi Code of 1972, which provides for board supplies, and Section 73-9-33, Mississippi Code of 1972, which requires dentists and dental hygienists to file their licenses for record in the circuit clerk's office in their county of residence, are repealed.

SECTION 35. Section 73-9-67, Mississippi Code of 1972, which provides for the repeal of Section 73-9-1 through 73-9-65, Mississippi Code of 1972, the Code sections that create the State Board of Dental Examiners and prescribe its duties and powers, is repealed.

SECTION 36. The Legislature recommends that all sections which are reenacted but not amended in this act, and which appear in the main volume of the Mississippi Code of 1972, shall not be reprinted in the supplement, but that an editor's note shall appear in the supplement in the proper place to explain that the section was reenacted and the language as it appears in the main volume was unaffected by the legislation and consequently has not been reprinted in the supplement.

SECTION 37. This act shall take effect and be in force from and after July 1, 1997.