W. Va. Code R. § 5-11-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 5-11-3 - Continuing education requirements

3.1. Hours Required Biennially.

3.1.1. Each licensed dentist shall complete biennially not less than 35 hours of continuing education.

3.1.2. Each licensed dental hygienist shall complete biennially not less than 20 hours of continuing education.

3.2. Initial Dental Licensees.

3.2.1. Each dental applicant upon initial licensure shall complete at least 3 hours of continuing education regarding drug diversion training and best practice prescribing of controlled substances training and training on prescribing and administration of an opioid antagonist within one year of receiving his or her initial dental license from the Board.

3.3. Approved Providers.

3.3.1. The Continuing Education course shall be offered by a Board approved provider. The course or program shall be designed to enhance the licensee's clinical knowledge and ability to treat dental patients.

3.3.2. The Board approves any course or program sponsored by the following providers, or their constituent or component organizations for credit:

3.3.2.a. An accredited dental or dental hygiene school;

3.3.2.b. The American Dental Association;

3.3.2.c. A National Dental Association;

3.3.2.d. The American Dental Hygienists' Association;

3.3.2.e. The National Dental Hygiene Association;

3.3.2.f. The American Medical Association;

3.3.2.g. The American Hospital Association;

3.3.2.h. The American Red Cross;

3.3.2J. The American Heart Association;

3.3.2.j. American Dental Association recognized specialty societies;

3.3.2.k. The Academy of General Dentistry;

3.3.2.l. The Veteran's Administration;

3.3.2.m. The United States Uniformed Services;

3.3.2.n. The U. S. Department of Health and Human Services;

3.3.2.o. The W. Va. Department of Health and Human Resources;

3.3.2.p. The W. Va. Bureau for Public Health;

3.3.2.q. The W. Va. Dental Association;

3.3.2.r. The W. Va. Pharmacists Association;

3.3.2.s. The W. Va. Dental Hygienists' Association;

3.3.2.t. The W. Va. Dental Assistants' Association;

3.3.2.u. Agencies of the United States Department of Justice; and

3.3.2.v. Study Clubs.

3.3.3. Providers not identified in subdivision 2 of this subsection may petition the Board for approval of continuing education. The Board may approve other sponsors of continuing education credits. The Board's approval expires after two consecutive years and must be renewed. The course or program shall be designed to enhance the licensee's clinical knowledge and ability to treat dental patients.

3.3.4. Courses or programs that are not approved for continuing education credit for license renewal include, but are not limited to, those on the subjects of estate planning, money management, personal finance, personal business matters, cultural subjects, personal health and recreation, politics, memory training, and speed reading.

3.3.5. The board may excuse a licensee from all or any part of continuing education requirements due to unusual circumstance, emergency or special hardship.

3.4. Record Keeping, Reporting, & Monitoring:

3.4.1. Each dentist and dental hygienist shall maintain accurate records relating to continuing education courses he or she has successfully completed.

3.4.2. The dentist and dental hygienist shall maintain the records and information pertaining to each year for a period of 6 years.

3.4.3. A licensee shall report all continuing education courses on the form provided by the Board.

3.4.4. The Board shall randomly audit the continuing education records maintained by each dentist and dental hygienist.

3.4.4.a. A licensee who fails to successfully complete an audit of continuing education records may be subject to disciplinary action, which may include but is not limited to, an immediate cease and desist from practice notice, notice of formal hearing and/or monetary assessments or fines.

3.4.4.b. The Board may allow a licensee who does not provide proof of completion of the appropriate number and type of continuing education courses to make up for the deficiency and may assess a late fee.

3.4.5. Each dentist and dental hygienist shall submit to the Board by February 1, 2024, and every two years thereafter documentation of satisfactory completion of the required hours of continuing education during the previous two years.

3.5. Criteria.

3.5.1. The Board shall not give continuing education credit for identical courses taken during the same continuing education reporting period.

3.5.2. The Board shall give one hour of credit for each hour of attendance and an hour of attendance is defined as 50 minutes.

3.5.3. At least 2 hours of continuing education shall be related to any one or combination of the following subjects during each continuing education reporting period:

3.5.3.a. infection control and/or occupational hazards;

3.5.3.b. oral effects of tobacco use; or

3.5.3.c. oral effects of substance abuse.

3.5.4. Licensed dentists shall complete at least 3 hours of continuing education regarding drug diversion training and best practice prescribing of controlled substances training and training on prescribing and administration of an opioid antagonist and shall report those hours each reporting period. The Board may waive these requirements for a licensed dentist who has not prescribed, administered, or dispensed a controlled substance during the reporting period.

3.5.5. A current certification for a comprehensive basic life support course for a health care provider that includes: resuscitation on an adult, child, and infant; two-person rescuer; barrier mask or bag for ventilation; foreign body airway obstruction; and automated external defibrillation. The licensee shall obtain a CPR certificate through the American Heart Association health care provider course, the American Red Cross professional rescuer course, or an equivalent course. Certification is required each continuing education period, and the certification may be counted as continuing education credits.

3.5.6. The Board may not accept courses or re-certifications completed on the Internet for basic life support courses unless the course includes a skills examination with a certified instructor.

3.5.7. A licensee shall not use continuing education hours or other education requirements required by board consent decrees or orders to satisfy continuing education requirements for license renewal.

3.6. Continuing Education for Anesthesia Certificate Holders.

3.6.1. Class 2 anesthesia certificate holders shall complete at least 6 hours of continuing education credits and class 3 and class 4 anesthesia permit holders shall complete 16 hours of credits in one or more of the following areas:

3.6.1.a. oral or nitrous oxide sedation;

3.6.1.b. conscious sedation;

3.6.1.c. general anesthesia;

3.6.1.d. physical evaluation;

3.6.1.e. medical emergencies;

3.6.1.f. monitors and use of monitoring equipment;

3.6.1.g. pharmacology;

3.6.1.h. advanced cardiac life support, (maximum of 8 hours credit);

3.6.1.i. pediatric advanced life support (maximum of 8 hours credit); and

3.6.1.j. advanced trauma life support (maximum of 8 hours credit).

3.6.2. The Board may not accept courses or re-certifications completed on the Internet for basic life support courses unless the course includes a skills examination with a certified instructor.

3.6.3. The Board may not accept courses or re-certifications completed on the Internet for advanced cardiac life support, pediatric advanced life support or advanced trauma life support.

3.6.4. These continuing education credits earned will count for part of the 35 hours required for each biennial period.

3.7. Categories of Credit. The licensee may select areas of study within the following categories, not to exceed the maximum number of hours in each category.

3.7.1. Educational and scientific courses -100% of the requirement may be obtained by Educational and scientific courses given by permanent or Board approved biennial sponsors.

3.7.2. Supervised self-instruction - 80% of the requirement may be obtained in this category. Supervised self-instruction shall include a testing mechanism supplied by a permanent or Board approved biennial sponsor. The licensee shall complete a test and demonstrate a level of comprehension before the Board will award credit. Tests shall be graded by the sponsor and results returned to the licensee. Supervised self-instruction includes, but is not limited to:

3.7.2.a. Graded audio/video courses;

3.7.2.b. Graded correspondence courses; and

3.7.2.c. Graded computer courses.

3.7.3. Non-supervised self-instruction - A maximum of 10% of the requirement may be obtained in the category. Non-supervised self-instruction includes, but is not limited to:

3.7.3.a. Home study - journals and publications;

3.7.3.b. Correspondence programs;

3.7.3.c. Educational television;

3.7.3.d. Audio/video programs;

3.7.3.e. Scientific exhibits; and

3.7.3.f. Study clubs other than biennial sponsors.

3.7.4. Scientific papers, publications, and scientific presentations - A maximum of 10% of the requirement may be obtained in the category of papers, publications, and scientific presentations; A maximum of 10% may also be obtained for original scientific papers authored by the licensee and published in a scientific professional journal, and the original presentation of papers, essays, or formal lectures to recognized groups of fellow professionals.

3.7.5. Teaching and research appointments - A maximum of 10% of the requirement may be obtained in this category. Licensees involved in teaching or research activities at an accredited dental or dental hygiene facility, dental assisting program, dental laboratory technology program, or a part time faculty or research appointment in such facility or program may also receive a maximum 10% of the requirement.

3.7.6. Original table clinics and scientific exhibits - A maximum of 10% of the requirement may be obtained in the category of original table clinics and scientific exhibits.

3.7.7. Course subjects on billing, office management, practice building, insurance reimbursement, communication skills, courses on how to use dental software, programs, and/or dental equipment are limited to a maximum of 10% of the requirement whether individually or in any combination.

3.7.8. The Board recognizes successful completion of the following written examinations, as may be administered by the following agencies, as satisfying the number of required hours of continuing education in the applicable reporting period:

3.7.8.a. The Commission on Dental Competency Assessments Dental Hygiene Examination (for hygienists only);

3.7.8.b. The Commission on Dental Competency Assessments Dental Examination;

3.7.8.c. Academy of General Dentistry's Fellowship Examination;

3.7.8.d. Examinations leading to recognized Specialty Boards' Diplomate status;

3.7.8.e. National Board - All parts, successfully completed;

3.7.8.f. Central Regional Dental Testing Service's Written Examinations;

3.7.8.g. Southern Regional Testing Agency's Written Examinations;

3.7.8.h. Western Regional Examining Board's Written Examination; and

3.7.8.i. any other written exam approved by the Board.

3.7.9. Compliance: Compliance with this rule is required for all licensees seeking license renewal.

3.8. Dental Committee and Indigent Care Participation.

3.8.1. The Board recognizes those licensees that are serving, (as elected, or appointed members), on national, state and local dental, or dental hygiene boards, councils or committees and allows 1 hour of continuing education credit for every 4 hours of meeting time to those licensees. This amount cannot exceed more than 5 hours of the total biennial requirement for each classification of licensee.

3.8.2. Dentists may earn up to 8 hours and Dental Hygienists may earn up to 5 hours of continuing education credit requirements, per biennial period, for providing dental care to indigent patients. One-half hour credit is allowed for every hour of documented treatment.

3.9. Exemptions.

3.9.1. A licensee is exempt from continuing education requirements and is considered incompliance on the date of the end of the first continuing education reporting period following the licensees initial licensure.

3.9.2. A dentist who is a graduate student in an approved dental specialty program, dental internship or residency program, or related dental or medical degree program offered by an approved organization is not required to complete the continuing education requirements of this rule, but shall complete at least 3 hours of continuing education regarding drug diversion training and best practice prescribing of controlled substances training and training on prescribing and administration of an opioid antagonist pursuant to subdivision 3.5.4. of this rule and the healthcare provider/basic life support certification pursuant to 3.5.5. of this section.

3.9.3. A dental hygienist who is enrolled in an approved dental program is not required to complete the continuing education requirements of this rule, but shall complete the healthcare provider/basic life support certification pursuant to subdivision 3.5.5. of this section.

3.10. Penalties for Violation.

3.10.1. A licensee who has not fulfilled the continuing education requirements of the Board shall pay a penalty as set by the Board's rule. Fees Established by the Board, 5CSR3 and has 3 months in which to satisfy the requirements. A licensee who fails to satisfy the requirements may be subject to disciplinary action, which may include but is not limited to, an immediate cease and desist from practice notice, notice of formal hearing and/or monetary assessments or fines.

3.10.2. A false statement on a renewal form or continuing education report form constitutes unprofessional conduct and may result in disciplinary action against the licensee as set forth in W. Va. Code § 30-4-19.

W. Va. Code R. § 5-11-3