(a)
Tribal License Required. The following employees of the Port Gamble S’Klallam Tribe, and persons who are eligible for employment by the Port Gamble S’Klallam Tribe, who carry out the Tribe’s dental health program under the Indian Self-Determination and Education Assistance Act, shall obtain a Tribal License in order to practice within the Tribe’s dental program, except as otherwise provided in this Code:
(1)
A Dental Health Aide; and
(2)
A Dentist, but only if the Dentist is or may be responsible for supervising a Dental Health Aide; provided however that the Tribe may determine that a Dentist who is or may be responsible for supervising a Dental Health Aide need not obtain a Tribal License if the Tribe determines that the Dentist is otherwise shown to be qualified by training or experience to supervise a Dental Health Aide and the Dentist is or will provide other, higher levels of dental care to the Tribe’s patients.
(b)
Scope of Practice. All Tribal Dental Health Providers shall practice within the scope of practice and licenses granted to the Tribal Dental Health Provider, consistent with the Port Gamble S’Klallam Tribe’s tribal law, and any applicable state or federal law.
(c)
Prohibition of Unlicensed Practice.
(1)
Except as otherwise provided in this Code, no person shall provide dental services as a Dental Health Aide or as a Dentist within the Port Gamble S’Klallam Tribe’s dental health program without first applying for and being granted a Tribal License to provide such services as required by this Code, and continuing to maintain an active license in good standing. Such a Tribal Dental Health Provider whose Tribal License becomes inactive shall not provide dental services until the license is renewed or a new active license is issued.
(2)
Notwithstanding the provisions of Section 23.04.06(c)(1) above, in order to preserve continuity of treatment and minimize disruption of dental services, a Dental Health Aide or Dentist who has a valid state license or CHAPCB certification may provide services, within the scope of the license or certification, for the Port Gamble S’Klallam Tribe’s dental health program in the event of an unexpected absence of a Tribal Dental Health Provider whose position cannot be timely filled by another Tribal Dental Health Provider; provided, however, that each such state-licensed or CHAPCB-certified provider shall provide temporary services without obtaining a Tribal License for no more than fourteen (14) business days in a calendar year.
(d)
Dental health care providers employed by the Tribe who are not Dental Health Aides, and Dentists who will never supervise a Dental Health Aide, are not required to obtain a Tribal License.
(Res. 18-A-012, 1/22/2018)