ASSEMBLY, No. 2064
STATE OF NEW JERSEY
INTRODUCED JUNE 3, 1996
By Assemblyman ARNONE
An Act concerning dental laboratories and supplementing chapter 6 of Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Board" means the New Jersey State Board of Dentistry established pursuant to R.S.45:6-1.
"Certified dental technician" means a dental technician who is certified by the National Association of Dental Laboratories.
"Commercial dental laboratory" means a facility within this State which supplies, fabricates or repairs prosthetic substitutes for the natural dentition or related maxillofacial structures for any licensed dentist within this State or other state, other than such a facility operated by a dentist licensed by this State.
"Council" means the New Jersey State Dental Laboratory Advisory Council established pursuant to section 2 of this act.
2. There is established in the Division of Consumer Affairs in the Department of Law and Public Safety, under the New Jersey State Board of Dentistry, the New Jersey State Dental Laboratory Advisory Council. The council shall consist of five members, four of whom shall be appointed by the Governor and shall be residents of this State and certified dental technicians at the time of their appointment, having at least five years of continuous experience as an owner or manager of a commercial dental laboratory that is registered or eligible for registration with the council, and one of whom shall be a licensed dentist who is a member of the New Jersey State Board of Dentistry.
3. The Governor shall appoint each member of the council who is a certified dental technician for a term of three years, except of those members first appointed, one shall serve for a term of three years, one shall serve for a term of two years, and two shall serve for a term of one year. The New Jersey State Board of Dentistry shall appoint the member of the council who is a licensed dentist for a term of three years. Any vacancy in the membership of the council shall be filled for the unexpired term in the same manner provided for the original appointment. No member of the council may serve more than two successive terms in addition to any unexpired term to which he has been appointed. Each member of the council other than the member who is a licensed dentist shall demonstrate eligibility for registration of the laboratory with which he is affiliated and each such laboratory shall hold a valid registration within six months of the member's appointment.
Members of the council shall serve without compensation, but shall be reimbursed for reasonable and necessary expenses incurred in the performance of their official duties.
Each member of the council, before entering upon the duties of his office, shall subscribe to an oath to faithfully perform the duties of his office.
4. The council shall meet as soon as practicable following the appointment of its members. The council shall meet at least once per year, shall organize annually by electing from its membership a chairman, and shall adopt annually a schedule of regular meetings. Special meetings may be held at the call of the chairman. A quorum of the council shall consist of three members. No action shall be taken at a meeting without at least three votes in accord.
5. The board, after consultation with the council, shall:
a. Review the qualifications of applicants for registration;
b. Issue and renew biennial registrations for qualified applicants pursuant to this act;
c. Establish requirements for continuing education of certified dental technicians, which shall include course standards that are at least as comprehensive as courses approved by the National Association of Dental Laboratories.
d. Establish reasonable rules and regulations for registration application, issuance, renewal and expiration; and
e. Promulgate all rules and regulations necessary to effectuate the provisions of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
6. No person shall conduct, maintain or operate a commercial dental laboratory unless that person holds a valid registration obtained from the board pursuant to the provisions of this act. A separate registration certificate shall be obtained for each location of a commercial dental laboratory.
7. The board shall issue a registration certificate to any commercial dental laboratory which qualifies pursuant to the provisions of this act and submits a properly completed application form and pays the prescribed fee. The registration form shall include, but not be limited to, the following information:
a. The name and address of the commercial dental laboratory owner and authorized agent, and any other similar information regarding the owner and agent that the board may require;
b. The name and address of the commercial dental laboratory for which the registration is requested; and
c. The name of every person who is a certified dental technician who is working in the commercial dental laboratory as a department head, manager or senior technician.
8. a. All commercial dental laboratory registrations shall be renewed biennially. Application for registration renewals shall be made at the time and in the manner as prescribed by the board. The board shall prescribe the charges for registration, renewals and other services it performs pursuant to section 2 of P.L.1974, c.46 (C.45:1-3.2). The registration shall be conspicuously displayed by the registrant on the premises of a commercial dental laboratory.
b. As a condition of the renewal of a commercial dental laboratory registration, the applicant shall provide evidence satisfactory to the board that at least one certified dental technician working on the premises of the commercial dental laboratory has completed the continuing education requirements prescribed by the board.
9. A commercial dental laboratory:
a. shall not fill a dental prescription or work authorization order unless it holds a valid registration as required by this act.
b. shall not perform shade taking unless authorized by a prescription from a licensed dentist.
c. shall not perform denture repairs unless authorized by a prescription from a licensed dentist and only if the procedure does not involve entrance of a patient's oral cavity.
d. shall employ at least one person on its premises who is a certified dental technician and who is working for the laboratory as a department head, manager or senior technician, except that any commercial dental laboratory operating prior to the effective date of this act shall not be required to comply with the provisions of this section until six years after the effective date of this act.
10. The board, after consultation with the council, shall establish standards for the operation of commercial dental laboratories. For all commercial dental laboratories established after the effective date of this act, these standards shall, at a minimum, equal the standards set by the National Association of Dental Laboratories and shall include, but not be limited to, standards for:
a. The construction of new, or modification of existing, commercial dental laboratories;
b. Sanitary and safe conditions within the commercial dental laboratory including adequate working space, lighting, and ventilation for fire prevention and safety measures; and
c. Submitting reports concerning commercial dental laboratory operations as may be necessary to administer this act.
11. a. The board may refuse to grant, or may suspend or revoke a registration issued under the provisions of this act upon proof to its satisfaction that the commercial dental laboratory is not operated, conducted or maintained in accordance with the provisions of this act or the rules, regulations or standards adopted by the board hereunder.
b. Every council member shall have the power and authority to enter at any time and inspect any commercial dental laboratory pursuant to R.S.45:6-11.
12. Before refusing to grant a registration certificate or before suspending, limiting or revoking a registration previously granted in accordance with the provisions of this act, the board shall give notice to the applicant or the registrant personally, or by mail addressed to him at his last known address, and afford him an opportunity to be heard with respect thereto at a time and place specified in that notice. The applicant or registrant shall have the right to be heard in person or through an attorney, and to offer evidence pertinent to the subject of the hearing. A duly certified copy of the order of the board issued as a result of that meeting shall be served on the applicant or registrant at his last known address, except if the applicant or registrant is a corporation, then the order shall be served in the same manner upon any officer or registered agent of the corporation.
If the board has reason to believe that a condition exists or has occurred at a commercial dental laboratory, in violation of the provisions of this act or the rules and regulations promulgated hereunder, which condition poses an imminent threat to the public health, safety or welfare, it may summarily suspend the registration of the commercial dental laboratory without a hearing and may order immediate correction of that violation as a prerequisite of reinstatement of registration. The board may, at its discretion, notify the State Department of Health or the National Advisory Committee on Occupational Safety and Health of its actions. If a registrant that is subject to summary suspension shall deny that a violation exists or has occurred, he shall have the right to apply to the board for a hearing. That hearing shall be held and a decision rendered within 10 working days of receipt of that request. If the board rules against the registrant, the registrant shall have the right to apply to the Superior
Court of New Jersey for injunctive relief from the board's order.
13. The New Jersey State Board of Dentistry shall appoint a licensed dentist who is a member of the board to serve as a member of the New Jersey State Dental Laboratory Advisory Council established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
14. This act shall take effect on the 180th day following enactment.
STATEMENT
This bill establishes an advisory council under the New Jersey State Board of Dentistry to be known as the New Jersey State Dental Laboratory Advisory Council. The council shall consist of: four residents of the State, appointed by the Governor, who are certified dental technicians at the time of their appointment, with at least five years of continuous experience as an owner or manager of a commercial dental laboratory that is registered or eligible for registration with the council; and one licensed dentist, appointed by the New Jersey State Board of Dentistry, who is also a member of that board. The New Jersey State Board of Dentistry, after consulting with the advisory council, shall: review the qualifications of commercial dental laboratories applying for registration; issue and renew biennial registrations for qualified applicants; establish basic requirements for continuing education of certified dental technicians; establish reasonable rules and regulations for registration application, issuance, renewal and expiration; and promulgate rules and regulations necessary to effectuate the provisions of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
The bill requires the biennial registration of all commercial dental laboratories in this State. For all commercial dental laboratories established after the effective date of this bill, the board shall promulgate rules and regulations that are at least equal to the minimum standards set by the National Association of Dental Laboratories to insure public health and safety. In addition, the bill provides that as a condition for the renewal of a commercial laboratory registration, an applicant shall provide evidence satisfactory to the board that at least one certified dental technician working on the premises of a commercial dental laboratory has completed the continuing education requirements established by the board.
Requires registration of dental laboratories.