Title 201 | Chapter 008 | Regulation 601


201 KAR 8:601.Mobile Dental Facilities and Portable Dental Units.

Section 1.

Definitions.

(1)

"Mobile dental facility" means a self-contained facility in which dentistry is practiced and that may be towed, moved, or transported from one (1) location to another.

(2)

"Portable dental unit" means a non-facility in which dental equipment used in the practice of dentistry is transported and used on a temporary basis at an out-of-office location.

(3)

"Registration holder" means a dentist or employer of a dentist which is the principal operator of a mobile dental facility or portable dental unit registered pursuant to this administrative regulation.

Section 2.

Scope and Applicability.

(1)

The practice of dentistry and dental hygiene conducted via mobile dental facility or portable dental unit shall be held to the same standard of care and scope of practice requirements as any other patient encounter provided for under KRS Chapter 313 and 201 KAR Chapter 8.

(2)

Mobile dental facilities and portable dental units engaged exclusively in charitable dental practices as governed by 201 KAR 8:581 shall be exempt from Sections 3(2)(b) and 7(2)(b) of this administrative regulation.

(3)

Public health programs governed by KRS 313.040 (8) and 201 KAR 8:562 Section 15 shall be exempt from the requirements of this administrative regulation.

(4)

Any violations of KRS Chapter 313 or 201 KAR Chapter 8 related to the operation of a mobile dental facility or portable dental unit shall be subject to disciplinary action pursuant to KRS 313:080 and 313:100.

Section 3.

Registration of Mobile Dental Facilities and Portable Dental Units.

(1)

Each mobile dental facility or portable dental unit doing business in Kentucky shall be registered with the board and abide by the provisions of this administrative regulation.

(2)

To register a mobile dental facility or portable dental unit, the intended registration holder shall:

(a)

Submit a completed and signed Application for Mobile Dental Facility or Portable Dental Unit Registration, which shall contain:

1.

The name of the intended registration holder;

2.

An official business or mailing address of record, which shall not be a post office box;

3.

An official phone number and email address of record; and

4.

The name and license number of any individual(s) licensed with the board who are providing services on behalf of or in partnership with the registration holder.

(b)

Pay the fee required by 201 KAR 8:520.

Section 4.

Emergency and Follow Up Care.

(1)

Unless an accommodation is issued by the board, a mobile dental facility or portable dental unit shall maintain a signed agreement with a fixed general practice or pediatric dental office within seventy (70) miles of the treatment location that will accept timely referrals for follow up and emergency care.

(2)

At the conclusion of each patient's visit, the mobile dental facility or portable dental unit shall provide each patient with an information sheet that contains:

(a)

Contact information that allows the patient to reach the registration holder or dentist of record for emergency care, follow-up care, access to dental records, or information about treatment received;

(b)

The name of the dentist or dental hygienist, or both, who provided services;

(c)

A description of the diagnostic findings, the treatment rendered; and

(d)

A plan for follow-up care, including contact information to a dental office as provided for in subsection (1) of this Section.

(3)

A mobile dental facility or portable dental unit that accepts a patient and provides preventive treatment, including prophylaxis, radiographs, and fluoride, but does not provide referral information for comprehensive treatment when such treatment is indicated, shall be considered in violation of this Section.

Section 5.

Patient Records and Communications.

(1)

Mobile dental facilities and portable dental units shall maintain:

(a)

A written or electronic record detailing the location where services are provided, the dates of each session, and the services administered;

(b)

Patient records of prior treatment to have readily available during subsequent treatment visits; and

(c)

All dental and official records at the address of record when not in transit.

(2)

Mobile dental facilities and portable dental units shall maintain a reliable means of communication onsite and at the address of record to:

(a)

Contact necessary parties in the event of a medical or dental emergency;

(b)

Allow the patient or the parent or guardian of the patient treated to contact the provider for emergency care, follow-up care, or information about treatment received; and

(c)

Allow a provider who renders follow-up care to request and receive treatment information, including radiographs.

(3)

Mobile dental facilities and portable dental units doing business in Kentucky shall not perform services on minors without a signed consent form from the parent or guardian, which shall indicate that:

(a)

If the minor already has a dentist, the parent or guardian should continue to arrange dental care through that provider; and

(b)

The treatment of the child by the mobile dental facility may affect the future benefits that the child may receive under private and public insurance plans.

Section 6.

General Operating Requirements. Mobile dental facilities and portable dental units shall:

(1)

Operate under the supervision of a Kentucky-licensed dentist, who shall be responsible for all aspects of patient care.

(2)

Display in or on the mobile dental facility or portable dental unit a current valid registration issued pursuant to this administrative regulation in a manner which is readily observable by patients or visitors;

(3)

Conform to all applicable federal, state, and local laws, regulations, and ordinances dealing with radiographic equipment, flammability, construction, sanitation, zoning, infectious waste management, universal precautions, Occupational Safety and Health Administration guidelines, and Centers for Disease Control and Prevention protocols; and

(4)

Be driven or transported by a driver possessing a valid driver's license appropriate for the operation of the vehicle.

Section 7.

Registration Renewal and Reinstatement.

(1)

Each mobile dental facility and portable dental unit registration shall expire on December 31 of even-numbered years.

(2)

A registration holder desiring renewal of an active mobile dental facility or portable dental unit registration shall:

(a)

Submit a completed Application for Renewal of Mobile Dental Facility or Portable Dental Unit; and

(b)

Pay the fee required by 201 KAR 8:520.

(3)

A registration holder desiring reinstatement of a mobile dental facility or portable dental unit registration that has expired within ninety (90) days shall:

(a)

Submit a completed Application for Renewal of Mobile Dental Facility or Portable Dental Unit; and

(b)

Pay the fee required by 201 KAR 8:520.

(4)

A registration holder desiring reinstatement of a mobile dental facility or portable dental unit registration that has been expired for more than 90 days shall:

(a)

Reapply for registration as required by Section 3(2) of this administrative regulation; and

(b)

Be subject to disciplinary action pursuant to KRS 313:080 and 313:100.

Section 8.

Notification Requirements.

(1)

The registration holder shall notify the board of any changes to the information required by Section 3(2)(a) of this administrative regulation within thirty (30) days of the change.

(2)

If ownership of the mobile dental facility or portable dental unit changes, the prior registration is invalid, and a new application shall be submitted to the board prior to continued operation of the mobile dental facility or portable dental unit.

(3)

If a mobile dental facility or portable dental unit ceases operations, the registration holder shall notify the board within thirty (30) days after the last day of operation and report on the disposition of patient records.

Section 9.

Incorporation by Reference.

(1)

The following material shall be incorporated by reference:

(a)

"Application for Mobile Dental Facility or Portable Dental Unit Registration," Sept. 2021; and

(b)

"Application for Renewal of Mobile Dental Facility or Portable Dental Unit Registration," Sept. 2021.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Dentistry, 312 Whittington Parkway, Suite 101, Louisville, Kentucky 40222, Monday through Friday, 8 a.m. through 4:30 p.m. This material is also available on the board's website at http://dentistry.ky.gov.

HISTORY: (49 Ky.R. 948, 1761; eff. 3-9-2023.)

JEFFREY ALLEN, Executive Director
APPROVED BY AGENCY: September 12, 2022
FILED WITH LRC: September 13, 2022 at 2:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this Amendment shall be held on November 22, 2022 at 4:00 p.m. Eastern Time at the Kentucky Board of Dentistry, 312 Whittington Parkway, Suite 101, Louisville, Kentucky 40222. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed Amendment. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed Amendment. Written comments shall be accepted through November 30, 2022. Send written notification of intent to be heard at the public hearing, or written comments on the proposed Amendment to the contact person below.
CONTACT PERSON: Jeff Allen, Executive Director, Kentucky Board of Dentistry, 312 Whittington Parkway, Suite 101, Louisville, Kentucky 40222, phone (502) 429-7280, fax (502) 429-7282, email jeffrey.allen@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jeff Allen
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes requirements for mobile dental facilities and portable dental units.
(b) The necessity of this administrative regulation:
KRS 313.021(1)(c) requires the board to promulgate administrative regulations for any license or registration created by the board.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation establishes requirements for the issuance and renewal of registrations for mobile dental facilities and portable dental units by the board.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation establishes requirements for the issuance and renewal of registrations for mobile dental facilities and portable dental units in compliance with state law.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The operators of mobile dental facilities and/or portable dental units will be affected. These operators will primarily be businesses or organizations, which we expect to number no more than in the dozens. Dentists, dental hygienists, and dental assistants in the employ of a mobile dental facility or portable dental unit may be minimally affected as well. Finally, recipients of care from a mobile dental facility or portable dental unit will be impacted, though the exact number of individuals in this category is difficult to determine. (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it an amendment, including:
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Each entity will be required to register as a mobile dental facility or portable dental unit as applicable and maintain the requirements of this administrative regulation throughout the registration period.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Applicable entities are required to pay a registration and renewal fee as established by 201 KAR 8:520.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The amendment will result in the increased ability to provide dental care to the community.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No cost.
(b) On a continuing basis:
No cost.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Not applicable.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
Yes, as established by 201 KAR 8:520.
(9) TIERING: Is tiering applied?
No; this amendment impacts all similarly situated practitioners equally.

FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
None, other than the Board of Dentistry itself.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 313.035
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This regulation will generate minimal new revenue for state or local government, likely $10,000 or less annually.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This regulation will generate minimal new revenue for state or local government, likely $10,000 or less annually.
(c) How much will it cost to administer this program for the first year?
This amendment will require minimal additional costs to administer, likely $10,000 or less annually.
(d) How much will it cost to administer this program for subsequent years?
This amendment will require minimal additional costs to administer, likely $10,000 or less annually.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
None
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None
(c) How much will it cost the regulated entities for the first year?
$10,000 or less.
(d) How much will it cost the regulated entities for subsequent years?
$10,000 or less.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)]. This amendment will not have a major economic impact.

7-Year Expiration: 3/9/2030

Last Updated: 3/22/2023


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