SB308 Alabama 2016 Session

Summary

Primary Sponsor

Paul Bussman

Republican

Session

Regular Session 2016

Title

Board of Dental Examiners, powers and duties, rulemaking authority clarified, Sec. 34-9-43.2 added

Summary

SB308 lets the Alabama Board of Dental Examiners adopt rules that prioritize patient health, safety, and welfare—even if those rules have anti-competitive effects—and provides liability protection for the board when doing so.

What This Bill Does

It adds a new Section 34-9-43.2 authorizing the Board to regulate dentistry, dental hygiene, and expanded duty dental assisting in a way that prioritizes patient health and safety, even if the rule appears anti-competitive. It immunizes the Board, its members, employees, and agents from liability under state and federal anti-trust laws for the adoption of such rules. Rules under this section may supplement or clarify existing definitions but must not conflict with statutes that define the practice of dentistry, dental hygiene, and expanded duty dental assisting. The act becomes effective immediately after it is passed and approved by the Governor.

Who It Affects

• Board of Dental Examiners of Alabama and its members, employees, and agents, who would receive immunity from anti-trust liability when adopting rules prioritizing health, safety, and welfare.
• Licensed dental professionals (dentists, dental hygienists, and expanded duty dental assistants) and unlicensed individuals regulated by the Board, who are affected by new rules prioritizing health and safety and potentially restricting practice to protect patients.

Key Provisions

• Adds Section 34-9-43.2 to authorize rulemaking by the Board related to patient health, safety, and welfare, including how practice is regulated.
• Authorizes rules that prioritize patient health and safety even if they appear anti-competitive or have anti-competitive effects.
• Provides immunity from liability under state and federal anti-trust laws for the Board, its members, employees, and agents when adopting such rules.
• Allows rules to supplement or clarify existing statutory definitions but not contradict current statutes defining the practice.
• Effective date: immediately after passage and governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Dental Examiners of Alabama, Board of