AGO 1989-070.

Case DateJune 06, 1989
CourtKansas
Kansas Attorney General Opinions 1989. AGO 1989-070. June 6, 1989ATTORNEY GENERAL OPINION NO. 89-70H. Philip ElwoodAttorney at Law Goodell, Stratton, Edmonds and Palmer 215 E. 8th Ave. Topeka, Kansas 66603-3999 Re: Public Health--Regulation of Dentists and Dental Hygienists--Act Inapplicable to Certain Practices, Acts and Operations; Exceptions Synopsis: The dental board may identify specific dental services as being included in the statutory prohibition against dentists delegating certain dental tasks. As the board did not formulate policy or exercise quasi-legislative authority conferred by statute, but merely explained an existing statute, identification of the services does not constitute rule-making subject to the procedures set forth in article 4 of chapter 77. Cited herein: K.S.A. 65-1421; 65-1422; 65-1423; 1988 Supp. 65-1436; K.S.A. 65-1456; 77-415. * * * Dear Mr. Elwood: As counsel for the Kansas dental board, you have requested our opinion regarding the authority of the board to identify certain dental procedures as being non-delegable under the dental practices act. A notice to all dentists, hygienists, and dental assistants was given by order of the board in which the specific procedures were identified. A copy of that notice is attached. A person is deemed to be engaged in the practice of dentistry if they perform any act specified in K.S.A. 65-1422. The unlicensed practice of dentistry is prohibited by K.S.A. 65-1421. Certain categories of individuals are excluded from the prohibition by K.S.A. 65-1423. Subsection (g) excludes those who perform dental services under the supervision and in the office of a licensed dentist. However, an unlicensed person is not allowed to perform the following:
"(1) Any and all removal of or addition to the hard or soft tissue of the oral cavity.
(2) Any and all diagnosis of or prescription for treatment for disease, pain, deformity, deficiency, injury or physical condition of the human teeth or jaws, or adjacent structure.
(3) Any and all correction of malformation of teeth or of the jaws.
(4) Any and all administration of general or local anaesthesia of any nature in connection with a dental operation.
(5) A prophylaxis." K.S.A. 65-1423(g).
Disciplinary action may be taken against a licensed dentist who willfully violates the dental practices act. K.S.A.1988 Supp...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT