§764.1. Retired volunteer dental hygienist license; issuance; applicant's requirements; limitation of liability; denial; violations; status change; continuing education

            A. The board may issue a retired volunteer dental hygienist license to an applicant to practice dental hygiene if the dental hygienist's practice consists only of voluntary care, as defined by the board rule. Holders of a retired volunteer dental hygienist 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 hygiene 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 hygienist license in good standing in Louisiana within one year prior to the date of application for a retired volunteer dental hygienist 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 dental hygiene by successfully completing such examinations required by the board.

            (3) The applicant shall be of good moral character and affirm that he has no felony convictions or other criminal convictions that would affect his ability to render competent care.

            C. For purposes of this Section, a person shall be considered retired from practice if his license has been surrendered or allowed to expire with the intention of ceasing to practice as a dental hygienist for remuneration.

            D.(1) No dental hygienist holding a retired volunteer license to practice dental hygiene 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 dental hygienist.

            (2) This Subsection shall not apply if the dental hygienist 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 dental hygienist 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 dental hygienist 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 dental hygienist 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 that 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 hygienist license to a person who is not qualified pursuant to this Section to hold a retired volunteer dental hygienist license.

            G. The holder of a license pursuant to this Section who practices dental hygiene 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 hygienist license after notice to the licensee. For violations of the dental practice act or rules adopted under the act that are applicable to dental hygiene 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 applicable 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 pursuant to this Section.

            J. A holder of a retired volunteer dental hygienist license who practices not more than two hundred fifty hours in a calendar year shall be exempt from all continuing education requirements. However, a retired volunteer dental hygienist shall maintain his cardiopulmonary resuscitation (CPR) training.

            K. The board may charge an administrative fee for issuing a retired volunteer dental hygienist license pursuant to this Section. However, a dental hygienist who possesses an active Louisiana license and who desires to convert the active license to a retired volunteer dental hygienist 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.

            Acts 2020, No. 188, §1.