Ala. Admin. Code r. 270-X-4-.12

Current through Register Vol. 42, No. 11, August 30, 2024

Section 270-X-4-.12 - Waiver Of Annual Registration Fees When Retired Due To Age Or Physical Disability

(1)General. The board shall waive the annual registration fees assessed pursuant to Ala. Code § 34-9-15 for any dentist or dental hygienist who has retired from professional practice due to age or physical disability. In order to qualify for the annual registration fee waiver, the dentist or dental hygienist must be "retired," and the dentist's or dental hygienist's retirement must be due to either "age" or "physical disability." This Rule formalizes the procedures and standards that the board will apply in implementing this statutory requirement.

(2)Definitions. As used in this rule:

(a) "Retired" means that the dentist or dental hygienist does not practice dentistry or dental hygiene for compensation. The practice of dentistry or dental hygiene for compensation to a de minimis degree will be disregarded for purposes of this definition.

(b) "Age" means that the dentist or dental hygienist has attained the age of 65 years by October 1 of the license renewal year for which the fee waiver is requested.

(c) "Physical disability" means a documented malady or disease, reasonably permanent in nature, that causes the licensee to be unable to practice dentistry or dental hygiene for more than 10 hours per week.

(3)Waiver Applies Only to License to Practice Dentistry or Dental Hygiene. The annual registration fee waiver provided for in Ala. Code § 34-9-15(d)(1) applies only to the annual renewal fee applicable to the license to practice dentistry or dental hygiene. It does not apply to annual renewal fees for the Alabama Controlled Substances Certificate, anesthesia permits, or any other applicable license, permit, fee, tax, or assessment.

(4)Effect on Continuing Education Requirements. The annual registration fee waiver provided for in Ala. Code § 34-9-15(d)(1) does not excuse the licensee from continuing education requirements imposed by Ala. Code § 34-9-15(e) and Rule 270-X-4-.04. A license who qualifies for an annual registration fee waiver under this Rule may, however, apply for a separate deferral of continuing education requirements as provided for in subsection (6) of this Rule.

(5)Procedure. The Executive Director shall create and publish a request form by which licensees may request an annual registration fee waiver (and, if applicable, a deferral of continuing education credits) under this Rule. The request form shall require the requestor to provide sufficient information to substantiate his or her request for annual registration fee waiver. In order to be considered, the licensee shall submit a completed request form to the Executive Director no later than August 1 preceding the license renewal cycle that commences on September 1 of the applicable year. The Executive Director shall present all completed applications to the board at a public meeting for final disposition. The licensee must complete and submit a new request form each year for which an annual registration fee waiver is requested, in order to verify that the qualifying conditions of retirement and either age or physical disability still exist. The board shall grant the registration fee waiver to all dentists and dental hygienists who timely file an application demonstrating entitlement thereto.

(6)Deferral of Continuing Education Requirements. When a dentist or dental hygienist submits a request for an annual registration fee waiver under this Rule, the licensee may also request a deferral of the obligation to earn continuing education credits under Rule 270-X-4-.04. All such requests must be made using the same form, and at the same time, as the request for waiver of the annual registration fee. The Executive Director shall present all completed applications to the board at a public meeting for final disposition. The approval or denial of deferral of continuing education requirements is within the exclusive discretion of the board. If a dentist or dental hygienist is granted one or more deferrals of continuing education requirements and subsequently ceases to qualify for waiver of the annual registration fee under this Rule, then, as a condition of any subsequent license registration, the licensee shall be required to demonstrate that he or she has earned all continuing education credits for all years for which the deferral was previously granted.

Ala. Admin. Code r. 270-X-4-.12

Adopted by Alabama Administrative Monthly Volume XLI, Issue No. 12, September 29, 2023, eff. 11/13/2023.

Author: Board of Dental Examiners of Alabama

Statutory Authority:Code of Ala. 1975, 8-1A-18(a)(1), 34-9-43. State of Alabama, Office of Information Technology, Policy No. 115-01 (January 5, 2021).