KentuckyHB 7762026 Regular SessionHouseWALLET

AN ACT relating to health care services and declaring an emergency.

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Bill Overview

Analyzed Economic Effects

12 provisions identified: 6 benefits, 2 costs, 4 mixed.

More duties and flexibility for hygienists

The law expands what licensed dental hygienists can do. A hygienist with 3,000 hours can work up to 15 straight business days without the dentist on site if the patient saw the dentist in the last 11 months, the patient signs consent, the hygienist completed a board‑approved emergency course (with reregistration every two years), and follows the dentist’s written emergency plan. Hygienists may take dental X‑rays with a written order when the dentist is not present. After board‑verified training (at least 32 hours coursework, 2 clinical hours for nitrous on two patients, 12 hours of local injections with at least three at all sites, and a written test over 74%), a hygienist may give local anesthesia and nitrous oxide under direct dentist supervision. The law also clarifies that dental hygiene includes screenings, cleanings, scaling and root planing, nonsurgical therapy, cavity prevention, and some periodontal care using antimicrobials. In volunteer community health settings, hygienists may provide education, screenings with referral, fluoride, hygiene instruction, and sealants at no charge.

Fees capped, 2-year renewals, scholarships

The dental board sets fees and fines, but they cannot exceed the national average of other state dental boards. All fees go into a nonlapsing trust fund for board work. Licenses and registrations last two years and expire on December 31 (dentists in odd years; others in even years). If yours lapses, you must pay the current original licensure fee plus any late fees and meet all rules to be reinstated. The board may use its fund to offer scholarships or education loan repayment under rules it sets.

Good Samaritan protection for dental providers

If you are licensed and give emergency care in good faith at the scene, you are not liable for civil damages for that care. This protection applies only to care given at the scene of an emergency.

Consent and privacy for dental telehealth

The law defines dental telehealth as care by video, audio, or other electronic tools. Dentists must get your informed consent before telehealth care and must keep your records confidential under this law and federal rules. The dental board must write rules to prevent fraud and fee‑splitting and to authorize telehealth for care and continuing education.

Dental labs need orders and credentials

Commercial dental labs must employ at least one certified dental technician or a dentist. A dentist must provide a written lab work order before a lab begins work, and both the lab and dentist must keep it for two years. A lab with a dentist on staff may work without an order if the patient is seen, evaluated, or care is supervised by the referring dentist. The law clarifies that making impressions and dentures is practicing dentistry and must follow a dentist’s written order.

Fairer fees in limited health plans

Limited health plan contracts must pay reasonable, not nominal, reimbursements. Providers cannot be forced to accept plan‑set fees for services the plan does not cover, and may not charge more than their usual rate for noncovered services. Contractual discounts cannot push fees below what the plan would pay without an enrollee’s benefit limits. These rules apply to contracts issued or renewed on or after the section’s effective date.

Only dentists control clinical decisions

People or companies without a dental license cannot control clinical decisions, diagnoses, treatment plans, patient records, or supervision of licensed staff. A licensed dentist must have the final say on patient care. Businesses that set payment rates for dental care cannot control a clinic’s operations. You cannot claim dental titles or run or advertise a dental practice unless you are licensed or employ licensed staff, and you cannot hire unlicensed workers.

Stricter rules for dental specialists

The board recognizes only specialties approved by the national commission. Specialists cannot practice outside their specialty unless a general dentist refers the patient, the care is charitable, the Governor declares a disaster, or a pediatric dentist provides needed follow‑up past age 18.

Tougher penalties for unlicensed or felonies

It is a crime to work as a dentist, dental hygienist, or dental assistant without a valid license. A first offense is a Class B misdemeanor; later offenses are Class A misdemeanors. The dental board can still discipline license holders even if criminal charges are filed. If you get a Class A, B, or C felony after first being licensed, you cannot keep your dental license; this also applies to guilty or Alford pleas or finishing a diversion program.

Clear limits and training for assistants

Registered dental assistants can do coronal polishing with a rubber cap on a slow‑speed handpiece or a cordless polisher after a board‑approved course and competency certificate. Assistants cannot diagnose, plan treatment, prescribe drugs, authorize appliances, perform surgery, or do any intraoral work that irreversibly changes oral anatomy. Dentists cannot delegate tasks that need professional judgment or skill, such as diagnosis, treatment planning, or cutting tissue. Auxiliary staff cannot give injectable medication or anesthesia unless another law allows it.

New board structure and enforcement process

The board has 10 voting members: seven dentists (at least three general), two hygienists, and one citizen, plus nonvoting school and public health reps. Voting members must have five years of Kentucky practice, be in good standing with no discipline in eight years, and have no financial ties to regulated entities. Members are limited to two consecutive terms; missing three meetings in a year counts as resignation, and the Governor fills the seat within 90 days. The board meets at least four times a year. Voting members receive necessary expenses and $200 per day of service. The law creates an office led by an executive director (bachelor’s degree and five years’ public administration) to run daily operations. The board may set license categories and rules, issue advisory opinions, and delegate investigations, hearings, and discipline to designated officials or a hearing panel.

Help for impaired licensees and exams

With reasonable cause, the board’s Law Enforcement Committee can order a mental or physical exam for a licensee or applicant to ensure safe practice or address substance abuse. Refusing can bring an immediate temporary suspension or denial, and the person must pay for the exam. The law creates a Well‑being Committee to find, intervene, and help treat impaired providers. Communications and records with the committee are confidential, with limited disclosures for treatment, written consent, board reporting, or court orders. Good‑faith reporters and committee members are immune from damages.

Sponsors & Cosponsors

Sponsor

Chris Lewis
Republican • House

Cosponsors

Amanda Mays Bledsoe
Republican • Senate
Ashley Tackett Laferty
Democrat • House
Chad Aull
Democrat • House
Julie Raque Adams
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 223 • No: 0

Senate vote • 4/1/2026

3rd reading, passed

Yes: 37 • No: 0

House vote • 4/1/2026

passed

Yes: 90 • No: 0

House vote • 3/11/2026