Section 34-9-10 Application; Licensure by Credentials; Special Purpose License.

(a)(1) Every individual who desires to practice dentistry within the State of Alabama shall file an application accompanied by the appropriate fee prescribed by the board. (2) Notwithstanding any particular requirement or method of obtaining licensure set forth in this chapter, every applicant shall be at least 19 years of age, of good moral character, a citizen of the United States or, if not a citizen of the United States, an individual who is legally present in the United States with appropriate documentation from the federal government, and a graduate of a dental school or college accredited by the American Dental Association Commission on Dental Accreditation and approved by the board and shall satisfy any other requirement set forth in any rule adopted by the board. (3) The board may issue a license to practice dentistry to any applicant who meets the licensure requirements set forth in this chapter and the applicable rules of the board, and may refrain from issuing a license to any applicant if the board determines that doing so would be inconsistent with the public interest and the promotion of public health and safety. (b) Licensure by examination shall be applicable to the following categories: (1) An applicant who has never been licensed or taken an examination and whose application to take an examination administered or approved by the board is received by the board within 18 months of graduation from dental school or completion of an accredited or approved post-doctoral residency program. (2) An applicant who has successfully passed an examination approved but not administered by the board so long as an application for licensure is received by the board within five years of the date of notification of passing the examination. (c) Any applicant who possesses a current license in any state, who has passed an examination approved by the board, and who has, since graduation from dental or dental hygiene school, practiced or participated in a clinical residency or practiced dentistry or dental hygiene in the Armed Forces or with the public health service shall be eligible for licensure if his or her application is received by the board within five years of the completion of the subject residency or Armed Forces or public health service commitment. (d) Licensure by credentials may be utilized to evaluate the theoretical knowledge and clinical skill of a dentist or dental hygienist when an applicant for licensure by credentials holds a dental or dental hygiene license in another state. The board may adopt rules relating to licensure by credentials in addition to any requirements by law. The dentist or dental hygienist applicant for licensure by credentials shall satisfy all of the following: (1) Has been engaged in the active practice of clinical dentistry or clinical dental hygiene or in full-time dental or dental hygiene education for the five years or 5,000 hours immediately preceding his or her application. (2) Holds a current, valid, unrevoked, and unexpired license in a state having examination standards regarded by the board as an equivalent to the Alabama standards. (3) Is licensed in good standing without any restrictions, as verified by the board of examiners in the state of current practice. (4) Is not the subject of a pending disciplinary action in any state in which he or she has been licensed as verified by a query to the National Practitioner Data Bank, the Health Integrity Protection Data Bank, the American Association of Dental Boards Clearing House for Disciplinary Information, or any other pertinent bank currently existing or which may exist in the future. (5) Provides a written statement agreeing to be interviewed at the request of the board. (6) Passes a written jurisprudence examination. (7) Is certified by the United States Drug Enforcement Administration and from the state board of any state in which he or she is or has been licensed that the DEA registration is not the subject of any pending disciplinary action or enforcement proceeding of any kind. (8)a. Submits affidavits as a dentist applicant from two licensed dentists practicing in the same geographical area where he or she is then practicing or teaching attesting to his or her moral character, standing, and ability of the applicant. b. Submits affidavits as a dental hygienist applicant from two licensed dentists or two licensed dental hygienists, or any combination of two thereof, practicing in the same geographical area where he or she is then practicing or teaching, attesting to his or her moral character, standing, and ability. (9) Provides the board with an official transcript with school seal from the school of dentistry or school of dental hygiene that issued his or her professional degree, or executes a request and authorization allowing the board to obtain the transcript. (10) Is a graduate of a dental or dental hygiene school, college, or educational program approved by the board. (11) Is not the subject of any pending or final action from any hospital revoking, suspending, limiting, modifying, or interfering with any clinical or staff privileges. (12) Has not been convicted of a felony or misdemeanor involving moral turpitude or of any law dealing with the administering or dispensing of legend drugs, including controlled substances. (13) Any other criteria required by the board by rule, including, but not limited to, any of the following: a. Questioning under oath. b. Results of peer review reports from constituent dental societies or federal dental services. c. Substance abuse testing or treatment. d. Background checks for criminal or fraudulent activities. e. Participation in continuing education. f. A current certificate in cardiopulmonary resuscitation. g. Recent case reports or oral defense of diagnosis and treatment plans. h. Proof of no physical or psychological impairment that would adversely affect the ability to practice dentistry or dental hygiene with reasonable skill and safety. i. An agreement to initiate practice within the State of Alabama within a period of one year. j. Proof of professional liability coverage and that coverage has not been refused, declined, canceled, nonrenewed, or modified. k. Whether the applicant has been subject to any final disciplinary action in any state in which he or she has been licensed which shall be verified by a query in the National Practitioner Data Bank, the Health Integrity Protection Data Bank, the American Association of Dental Boards Clearing House for Disciplinary Information, any state where the applicant has been licensed, or any other pertinent bank currently existing or which may exist in the future. l. Whether the applicant’s DEA registration or any state controlled substances permit has ever been revoked, suspended, modified, restricted, or limited in any way. Provided, however, that any discipline that results only from a failure to timely renew a registration or permit shall not prevent him or her from being eligible for this method of licensure. (e) If all criteria and requirements are satisfied and the board determines, after notice and a hearing, that the applicant committed fraud or in any way falsified any information in the application process, the license may be revoked by the board. (f) In addition to the requirements for applicants seeking licensure by credentials, an applicant desiring to practice a specialty only shall satisfy the following requirements: (1) The specialty shall be one in a branch of dentistry approved by the board. (2) The applicant shall satisfy the existing educational requirements and standards set forth by the board for that approved specialty. (3) An applicant who chooses to announce or practice a specialty shall limit his or her practice exclusively to the announced special area or areas of dental practice. (4) If an applicant who is initially licensed by credentials for a specialty practice decides to renounce his or her specialty and practice general dentistry and the license originally issued did not require a general dental license but rather a specialty license, or if the applicant originally passed only a specialty examination, the applicant may not practice general dentistry until he or she successfully passes the board’s regular general dentistry examination. However, if the applicant passed a general dentistry examination or holds a general dentistry license and practices a specialty, then decides not to continue that specialty but to practice only general dentistry, the applicant is eligible for licensure by credentials as a general dentist. (g)(1) Notwithstanding subsection (a), the board shall issue a special purpose license to practice dentistry across state lines to an applicant who has met the following requirements: a. Holds a full and unrestricted license to practice dentistry in any state of the United States or in territories, other than the State of Alabama, in which the applicant is licensed. b. Has not had any disciplinary action or other action taken against him or her by any state or licensing jurisdiction. If there has been previous disciplinary or other action taken against the applicant, the board may issue a certificate of qualification if it finds that the previous disciplinary or other action indicates that the dentist is not a potential threat to the public. c. Submits an application and application fee for a certificate of qualification for a special purpose license to practice dentistry across state lines on a form provided by the board and pays a fee upon certification. All required fees shall be established by the board. (2) A special purpose license issued by the board to practice dentistry across state lines limits the licensee solely to the practice of dentistry across state lines. The special purpose license shall be valid for a period of up to three years, shall expire on a renewal date determined by the board, and may be renewed upon receipt of a renewal fee as established by the board. Failure to renew a license according to the renewal schedule established by the board shall cause the special purpose license to be inactive. An applicant may reapply for a special purpose license to practice dentistry across state lines following placement of the license on inactive status. The applicant shall meet the qualifications of subdivision (1) in order to be eligible for renewal of the license. (3) Notwithstanding the provisions of this section, the board shall only issue a special purpose license to practice dentistry across state lines to an applicant whose principal practice location and license to practice are located in a state or territory of the United States whose laws permit or allow for the issuance of a special purpose license to practice dentistry across state lines or similar license to a dentist whose principal practice location and license are located in another state. It is the stated intent of this section that dentists who hold a full and current license authorizing him or her to practice in the State of Alabama shall be afforded the opportunity to obtain a reciprocal license to practice dentistry across state lines in any other state or territory of the United States as a precondition to the issuance of a special purpose license as authorized by this section to a dentist licensed in the other state or territory. The board shall determine which states or territories have reciprocal licensure requirements meeting the qualifications of this section. (h) Any applicant who does not qualify for licensure pursuant to any of the above subsections but who has passed an out-of-state examination approved by the board and possesses a license in good standing authorizing the applicant to practice in the state of issuance is eligible to apply for licensure upon payment of a fee established by the board. The board shall have discretion whether to require an examination for the applicant, including the time, place, type, and content of the examination.