§ 37:761.1 — Retired volunteer dental license; issuance; applicant's requirements; limitation of

Louisiana § 37:761.1

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§761.1. Retired volunteer dental license; issuance; applicant's requirements; limitation of
liability; denial; violations; status change; continuing dental education
A. The board may issue a retired volunteer dental license to an applicant to practice
dentistry if the dentist's practice consists only of voluntary care, as defined by board rule.
Holders of a retired volunteer dental license shall submit with the application to the board
a notarized statement that they shall not accept any form of remuneration directly or
indirectly for providing dental services. Any application for licensure pursuant to this
Section shall be in the form and manner designated by the board.
B. The applicant for licensure shall meet all of the following conditions:
(1) The applicant shall maintain, for at least ten years prior to retirement, full
licensure in good standing in Louisiana without disciplinary action that restricted the
applicant's license or resulted in the applicant's license being placed on probation, suspended,
restricted, revoked, surrendered, resigned, or otherwise allowed to lapse or expire in lieu of
disciplinary action being taken.
(2) The applicant shall have held an active status dental license in good standing in
Louisiana within one year prior to the date of application for a retired volunteer dental
license; however, the board may waive the one-year requirement in the event that the
applicant demonstrates that he possesses the knowledge and skills requisite to the practice
of dentistry by successfully completing such examinations required by the board.
(3) The applicant shall be of good moral character and affirm that the applicant has
no felony convictions or other criminal convictions that would affect the applicant's ability
to render competent care.
C. For purposes of this Section, a person shall be considered retired from practice
if the person's license has been surrendered or allowed to expire with the intention of ceasing
to practice as a dentist for remuneration.
D.(1) No dentist holding a retired volunteer license to practice dentistry who in good
faith gratuitously renders health care to a patient shall be liable for any civil damages as a
result of any act or omission in rendering the care or services or as a result of any act or
failure to act to provide or arrange for further medical or dental treatment or care to any
person receiving the services, unless the damages were caused by the gross negligence or
willful or wanton misconduct of the dentist.
(2) This Subsection shall not apply if the dentist holding a retired volunteer license
treats a patient in a private clinic where payment by the patient is expected and the patient
or the patient's private insurer pays the clinic or the clinic owner for the treatment, even if
the dentist holding the volunteer license is providing the treatment without being
remunerated.
(3)(a) The provisions of this Subsection shall be applicable only if the person
receiving the healthcare services receives prior notice from the facility where the licensed
retired volunteer dentist is providing services of the limitation of liability provided for in this
Subsection.
(b) Either at the initial screening of a person or at the time healthcare services are
provided, the facility or the licensed retired volunteer dentist providing the services shall
inform such person of the limitation of liability by distributing to such person a written
notice. Such notice shall also be posted at a prominent place where patients entering the
facility will see it. The notice shall read substantially as follows: "NOTICE - If you are
injured here because of things we do or fail to do, you do not have the same legal recourse
as you would have against other healthcare providers."
(c) The posted notice shall be printed in type size sufficient to be easily read by
patients upon entering the facility.
(d) Failure to follow notice procedures as provided in this Subsection shall negate
the limitation of liability.
E. All documentation and certification shall be submitted to the board for review.
Any plan to reestablish competency shall be submitted to and pre-approved by the board.
Demonstration of professional ability, skills, and knowledge may be accomplished by
successfully completing a reentry program at an accredited dental institution, which will
certify the licensee's proficiency meets or exceeds the competency level required of a
graduating student in his senior year from the institution.
F. The board shall deny issuance of a retired volunteer dental license to a person who
is not qualified pursuant to this Section to hold a retired volunteer dental license.
G. The holder of a license under this Section who practices dentistry other than as
authorized in this Section shall be guilty of a felony with each day's violation constituting a
separate offense. Upon proof of practice other than as authorized in this Section or of a
violation of R.S. 37:776, the board may suspend or revoke the retired volunteer dental license
after notice to the licensee. For violations of the dental practice act or rules adopted under
the act that are applicable to practice under this Section, the board shall have the same
authority to investigate and impose sanctions on retired volunteer license holders as it has
for those holding an active license.
H. Any person licensed pursuant to this Section may apply to the board for a return
to active licensure status by filing an application in the form and manner prescribed by the
board and meeting all requirements of this Chapter. Licensees who desire to change a retired
volunteer license to an active license and who have not practiced within the year immediately
preceding application for an active license shall document and certify to the board how they
have maintained their professional ability, skills, and knowledge and shall be subject, at the
board's discretion, to the provisions of LAC 46:XXXIII.124.
I. The retired volunteer status of a licensee shall be plainly indicated on the face of
any retired volunteer license issued under this Section.
J. Holders of a retired volunteer dental license shall comply with the continuing
dental education requirements adopted by the board which shall include cardiopulmonary
resuscitation (CPR) training.
K. The board may charge an administrative fee for issuing a retired volunteer dental
license pursuant to this Section. However, a dentist who possesses an active Louisiana
license and who desires to convert the active license to a retired volunteer dental license shall
not pay an administrative fee for the conversion.
L. A retired volunteer license shall be valid for a period of two years and shall expire
as provided by law.

Legislative History

Acts 2006, No. 167, §1; Acts 2017, No. 407, §1.