Oklahoma Statutes Citationized Title 59. Professions and Occupations Chapter 7 Dentistry Part 1 The State Dental Act



Download 244.56 Kb.
Page2/5
Date conversion16.11.2016
Size244.56 Kb.
1   2   3   4   5

Section 328.15B - Board of Dentistry Executive Director

The Board of Dentistry shall employ an Executive Director. The Executive Director shall be authorized to:

1. Employ and maintain an office staff;

2. Employ one or more investigators who may be certified peace officers who shall be commissioned with all the powers and authority of peace officers of this state;

3. Enter into contracts on behalf of the Board; and

4. Perform other duties on behalf of the Board as needed or directed.


Historical Data Added by Laws 2012, SB 1690, c. 270, § 3, eff. November 1, 2012.

Section 328.17 - Committees and Examining Boards for Dental Specialists and Hygienists - Advisory Board on Laboratories

A. The Board of Dentistry shall have power to appoint one dental hygienist in an advisory capacity to sit with the Board to:

1. Assist the Board in the administration and enforcement of the dental hygienist provisions of the State Dental Act; and

2. Be present only at a Board meeting when the agenda of the meeting includes matters pertinent to the administration and enforcement of the dental hygiene provision of the State Dental Act.

B. The appointment shall be made from a list of names submitted to the Board by the dental hygienists of this state.

C. The appointment shall be for a period of two (2) years or until a successor is appointed.



Historical Data Laws 1970, SB 632, c. 173, § 17, emerg. eff. July 1, 1970; Amended by Laws 2003, HB 1445, c. 172, § 3, emerg. eff. May 5, 2003 (superseded document available).

Section 328.19 - Acts Constituting Practice of Dentistry - Acts Not Prevented

A. The following acts by any person shall be regarded as practicing dentistry within the meaning of the State Dental Act:

1. Representing oneself to the public as being a dentist or as one authorized to practice dentistry;

2. Representing oneself to the public as being able to diagnose or examine clinical material and contract for the treating thereof;

3. Treating or professing to treat by professional instructions;

4. Representing oneself to the public as treating any of the diseases or disorders or lesions of the oral cavity, teeth, gums, maxillary bones, and associate structures;

5. Removing human teeth;

6. Repairing or filling cavities in human teeth;

7. Correcting or attempting to correct malposed teeth;

8. Administering anesthetics, general or local;

9. Treating deformities of the jaws and adjacent structures;

10. Using x-ray and interpreting dental x-ray film;

11. Offering or undertaking, by any means or methods, to remove stains, discolorations, or concretions from the teeth;

12. Operating or prescribing for any disease, pain, injury, deficiency, deformity, or any physical condition connected with the human mouth;

13. Taking impressions of the teeth and jaws;

14. Furnishing, supplying, constructing, reproducing, or repairing, or offering to furnish, supply, construct, reproduce, or repair, prosthetic dentures, sometimes known as plates, bridges, or other substitutes for natural teeth for the user or prospective user thereof;

15. Adjusting or attempting to adjust any prosthetic denture, bridge, appliance, or any other structure to be worn in the human mouth;

16. Diagnosing, making, and adjusting appliances to artificial casts of malposed teeth for treatment of the malposed teeth in the human mouth, without instructions;

17. Writing a laboratory prescription to a dental laboratory or dental laboratory technician for the construction, reproduction or repair of any appliance or structure to be worn in the human mouth; or

18. Owning, maintaining, or operating an office or offices by holding a financial interest in same for the practice of dentistry.

B. The fact that a person uses any dental degree, or designation, or any card, device, directory, poster, sign or other media representing oneself to be a dentist shall be prima facie evidence that the person is engaged in the practice of dentistry; provided that nothing in this section shall be so construed as to prevent the following:

1. Physicians or surgeons, who are licensed under the laws of this state, from administering any kind of treatment coming within the province of medicine or surgery;

2. The practice of dentistry in the discharge of their official duties by dentists in the United States Army, the United States Navy, the United States Air Force, the United States Marine Corps, the United States Coast Guard, the United States Public Health Service, or the United States Veterans Administration;

3. Dental schools or colleges, as now conducted and approved, or as may be approved, and the practice of dentistry by students in dental schools, colleges or hospitals, approved by the Board, when acting under the direction and supervision of licensed dentists or dentists holding properly issued permits acting as instructors;

4. Acts of a dental clinician or other participant at a dental educational meeting or at an accredited dental college, when no fee is charged to or paid by a patient;

5. The practice of dental hygiene, as defined herein, by a person granted a license by the Board;

6. The performing of acts by a dental assistant and/or dental nurse who performs the acts under the direct supervision of a dentist and in accordance with the provisions of the State Dental Act and the rules promulgated by the Board; or

7. The fabrication of dental appliances pursuant to a laboratory prescription of a dentist, by a dental laboratory technician in a dental laboratory using inert materials and mechanical devices for the fabrication of any restoration, appliance or thing to be worn in the human mouth.


Historical Data Laws 1970, SB 632, c. 173, § 19, emerg. eff. July 1, 1970; Amended by Laws 1999, SB 296, c. 280, § 3, eff. November 1, 1999 (superseded document available); Amended by Laws 2003, HB 1445, c. 172, § 4, emerg. eff. May 5, 2003 (superseded document available).
Section 328.21 - Registration and Display of Licenses and Certificates

A. No person, unless registered to practice dentistry or dental hygiene in this state on July 1, 1970, shall practice dentistry or dental hygiene without first applying for and obtaining a license from the Board of Dentistry.

B. Application shall be made to the Board in writing and shall be accompanied by the fee established by the rules of the Board, together with satisfactory proof that the applicant:

1. Is of good moral character; and

2. Is twenty-one (21) years of age, or over, at the time of making application to practice dentistry or eighteen (18) years of age, or over, if the applicant is to practice dental hygiene.

C. An application from a candidate who desires to secure a license from the Board to practice dentistry or dental hygiene in this state shall be accompanied by satisfactory proof that the applicant is:

1. A graduate of an accredited dental college, if the applicant is to practice dentistry; or

2. A graduate of an accredited dental hygiene program, if the applicant is to practice dental hygiene.

The college or program, in either case, shall be accredited by the Commission on Dental Accreditation of the American Dental Association.

D. 1. When the applicant and the accompanying proof are found satisfactory, the Board shall notify the applicant to appear for examination at the time and place to be fixed by the Board. Examination shall be of a character to give a fair test of the qualifications of the applicant to practice dentistry or dental hygiene, whichever the case may be, and shall consist of three parts, namely:

a. a written theoretical examination,

b. a clinical examination, and

c. a written jurisprudence examination, relating to the contents and interpretation of the State Dental Act and the rules of the Board.

2. The theoretical and jurisprudence examination papers and all grading thereon, and the grading of the clinical examination, shall be deemed public documents, and shall be preserved by the Board for a period of two (2) years after the Board has made and published its decision thereon.

E. The Board shall require every applicant for a license to practice dentistry or dental hygiene to:

1. Submit, for the files of the Board, a photostatic copy of a dental degree or dental hygiene degree, an official transcript and a recent photograph duly identified and attested; and

2. Pass an examination required by the Board in the theory and practice of the science of dentistry or dental hygiene, whichever the case may be. The Board may recognize the results of examinations conducted by the Commission on National Dental Examinations or results of regionally conducted examinations with which regions the Board is affiliated by contract or cooperative agreement pursuant to Section 328.15 of this title, in lieu of, or subject to, such examinations as may be required.

F. Any applicant who fails to pass any part of the first examination may apply for a second examination, in which case the applicant shall pay a reexamination fee as established by the rules of the Board. Any applicant who fails to pass the examination upon first trial may be given credit for such subjects as the Board may allow, but such credits shall be extended only to the succeeding examinations. If the applicant fails to pass a second examination, before further re-examination, the Board may require evidence of additional education, as specified by the Board. After a third examination, the Board may deny the applicant another examination.


Historical Data Laws 1970, SB 632, c. 173, § 21, emerg. eff. July 1, 1970; Amended by Laws 1981, SB 182, c. 216, § 2; Amended by Laws 1999, SB 296, c. 280, § 5, eff. November 1, 1999 (superseded document available); Amended by Laws 2003, HB 1445, c. 172, § 5, emerg. eff. May 5, 2003 (superseded document available).

Section 328.22 - Specialist License
A. 1. The Board of Dentistry may issue a dental specialty license authorizing a dentist or an out-of-state dentist to represent himself or herself to the public as a specialist, and to practice as a specialist, in a dental specialty.

2. No dentist or out-of-state dentist shall represent himself or herself to the public as a specialist, nor practice as a specialist, unless the individual:

a. has successfully completed an advanced dental specialty educational program accredited by the Commission on Dental Accreditation of the American Dental Association, and

b. has been issued a dental specialty license by the Board.

B. 1. Except as authorized in subsection C of this section, an applicant for a dental specialty license must satisfactorily pass an examination for dental specialty practice, as provided in the rules of the Board.

2. An applicant for a dental specialty license who fails the examination shall be entitled to retake the examination upon such terms and conditions as may be established by the rules of the Board.

C. 1. The Board may issue a dental specialty license by credentialing, without examination in the dental specialty, to an out-of-state dentist who:

a. is in good standing with the dental licensing agency of the state or states in which the out-of-state dentist has been issued a license to practice dentistry,

b. has successfully completed an advanced dental specialty educational program accredited by the Commission on Dental Accreditation of the American Dental Association, and

c. has been issued a dental specialty license by the dental licensing agency of another state or has received board certification from a national dental specialty board recognized by the Commission on Dental Accreditation of the American Dental Association and the rules of the Board.

2. In conducting an investigation of an out-of-state dentist who has applied for a dental specialty license pursuant to this subsection, the Board may require of the applicant disclosure of the same background information as is required of an applicant for a license to practice dentistry in this state. If the Board determines that the out-of-state dentist is competent to practice a dental specialty, and after the out-of-state dentist passes an examination on the contents and interpretation of the State Dental Act and the rules of the Board, the out-of-state dentist may be issued a dental specialty license by the Board.

3. The Board may require:

a. an applicant for a dental specialty license pursuant to this subsection to have completed the same continuing education requirements as required of dentists in this state, and

b. that the state from which the applicant presents credentials afford substantially equivalent licensure by credentialing to dentists of this state.

D. Upon payment of a fee established by the rules of the Board, any applicant who meets the requirements of this section shall be entitled to be issued a dental specialty license by the Board.

E. Out-of-state dentists to whom dental specialty licenses have been issued by the Board, but who have not been licensed in this state to practice dentistry, shall limit their practice in this state to the practice of the specialty for which they hold a dental specialty license.


Historical Data Laws 1970, SB 632, c. 173, § 22, emerg. eff. July 1, 1970; Amended by Laws 1998, SB 448, c. 377, § 3, eff. November 1, 1998 (superseded document available).

Section 328.23 - Licensing of Dentists from Other States or Territories - Certificate for Member Removing to Another State or Territory

A. 1. The Board of Dentistry may issue a license to practice dentistry, without examination, to an out-of-state dentist who has been engaged in the practice of dentistry in another state for at least five (5) years, upon presentation to the Board of a certificate from the dental licensing agency of that state, certifying the applicant's length of practice and that the applicant is in good standing with the agency, and upon the payment of a fee established by the rules of the Board; provided, however, the state from which the applicant presents a license to practice dentistry shall have required the applicant to meet professional education, competency, and moral character standards substantially equivalent to the standards required by the Board for issuance of a license by examination to practice dentistry in this state.

2. The Board shall not issue a license pursuant to this subsection to any person who would not otherwise be eligible to receive a license to practice dentistry.

3. The Board may require:

a. an applicant for a license to practice dentistry pursuant to this subsection to have completed the same continuing education requirements as required of dentists in this state, and

b. that the state from which the applicant presents credentials afford substantially equivalent licensure by credentialing to dentists of this state.

B. Any dentist who is in good standing with the Board shall, upon application to the Board and payment of a fee established by the rules of the Board, receive a certificate which shall attest that the dentist is in good standing with the Board.

C. The President of the Board, upon verification that a person meets the requirements provided for in this section and any other requirements provided for in the State Dental Act, may issue a temporary license to practice dentistry for thirty (30) days. A temporary license may be extended but shall not exceed ninety (90) days.


Historical Data Laws 1970, SB 632, c. 173, § 23, emerg. eff. July 1, 1970. Amended by Laws 1996, HB 1880, c. 2, § 6, eff. November 1, 1996; Amended by Laws 1998, SB 448, c. 377, § 4, eff. November 1, 1998 (superseded document available); Amended by Laws 2012, SB 1690, c. 270, § 4, eff. November 1, 2012 (superseded document available).

Section 328.23a - Volunteer License to Treat Indigent and Needy - Retired Dentists
A. There is established a special volunteer license for dentists and a special volunteer license for dental hygienists who are retired from active practice or out-of-state licensees in active practice who are in the Oklahoma Medical Reserve Corps or assisting with emergency management, emergency operations, or hazard mitigation in response to any emergency, man-made disaster, or natural disaster, or participating in public health initiatives, disaster drills, and community service events that are endorsed by a city, county, or state health department in the state and wish to donate their expertise for the dental care and treatment of indigent and needy persons of the state. The special volunteer license shall be:

1. Issued by the Board of Dentistry to eligible persons;

2. Issued without the payment of an application fee, license fee or renewal fee;

3. Issued or renewed without any continuing education requirements for a period less than one (1) fiscal year; and

4. Issued for one fiscal year or part thereof.

B. A dentist or dental hygienist must meet the following requirements to be eligible for a special volunteer license:

1. Completion of a special volunteer dental or dental hygiene license application, including documentation of the dentist’s dental or dental hygiene school graduation and practice history;

2. Documentation that the dentist or dental hygienist has been previously issued a full and unrestricted license to practice dentistry or dental hygiene in Oklahoma or in another state of the United States and that he or she has never been the subject of any medical or dental disciplinary action in any jurisdiction. If the dentist or dental hygienist is licensed in more than one state and any license of the licensee is suspended, revoked, or subject to any agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction, the dentist or dental hygienist shall be ineligible to receive a special volunteer license;

3. Acknowledgement and documentation that the dentist’s or dental hygienist’s practice under the special volunteer license will be exclusively and totally devoted to providing dental care to needy and indigent persons in Oklahoma; and

4. Acknowledgement and documentation that the dentist or dental hygienist will not receive or have the expectation to receive any payment or compensation, either direct or indirect, for any dental services rendered under the special volunteer license.

C. The Board of Dentistry shall have jurisdiction over dentists, dental hygienists, dental assistants, and dental technicians who volunteer their professional services in the state. Dental assistants and dental technicians shall work under the direct supervision of a dentist.

D. Dental assistants and dental technicians shall not be required to obtain a volunteer license. Volunteers in a volunteer initiative who are not dentists or dental hygienists shall be named and provided on a list to the Board by the entity hosting the volunteer initiative. The Board shall provide written documentation to the host entity designating all persons who may participate in the volunteer initiative, including authorization of the timetable requested by the host entity for granting licensure exemption.

E. All persons providing care shall do so under the provisions specified in Section 328.1 et seq. of this title or rules promulgated by the Board. Only those functions authorized by law or administrative rule shall be performed by the named person approved by the Board.

F. Volunteers shall not use sedation or general anesthesia during volunteer procedures.

G. Volunteers shall use a form to be provided by the Board for any patient with clear instructions for any and all follow-up care.

H. At any time, the Board shall revoke a volunteer license based on documentation of failure to participate according to state laws or administrative rules.


Historical Data Added by Laws 2003, HB 1140, c. 138, § 3, eff. November 1, 2003; Amended by Laws 2009, HB 1059, c. 192, § 2, eff. November 1, 2009 (superseded document available

Section 328.24 - Dental Hygienists from Other States - Certificate of Ability - Certificate for Member Removing to Another State or Territory

A. 1. The Board of Dentistry may issue a license to practice dental hygiene, without examination, to an out-of-state dental hygienist who has been engaged in the active practice of dental hygiene in another state or territory for at least two (2) years immediately preceding application, upon presentation to the Board of a certificate from the Board of Dental Examiners or a like dental hygiene licensing agency of that state or territory, certifying the applicant's length of practice and that the applicant is in good standing with the agency, and upon the payment of a fee established by the rules of the Board; provided, however, the state or territory from which the applicant presents a license to practice dental hygiene shall have required the applicant to meet professional education, competency, and other eligibility standards equivalent to the standards required by the Board for issuance of a license by examination to practice dental hygiene in this state.

2. The Board shall not issue a license pursuant to this subsection to any person who would not otherwise be eligible to receive a license to practice dental hygiene.

3. The Board may require:

a. an applicant for a license to practice dental hygiene pursuant to this subsection to have completed the same continuing education requirements as required of dental hygienists in this state, and

b. that the state or territory from which the applicant presents credentials afford substantially equivalent licensure by credentialing to dental hygienists of this state.

B. Any dental hygienist who is in good standing with the Board shall, upon application to the Board and payment of a fee established by the rules of the Board, receive a certificate which shall attest that the dental hygienist is in good standing with the Board.
Historical Data Laws 1970, SB 632, c. 173, § 24, emerg. eff. July 1, 1970; Amended by Laws 2000, HB 1351, c. 283, § 4, eff. November 1, 2000 (superseded document available).

Section 328.25 - Temporary Certificate of Ability to Practice Dental Hygiene

A. The Board of Dentistry may issue a temporary license to practice dental hygiene, without examination, to an out-of-state dental hygienist who has been engaged in the active practice of dental hygiene in another state or territory during the two (2) years immediately preceding application upon presentation to the Board of a certificate from the Board of Dental Examiners or a like dental hygiene licensing agency of that state or territory, certifying that the applicant is in good standing with the agency and upon the payment of a fee established by the rules of the Board; provided, however, the state or territory from which the applicant presents a license to practice dental hygiene shall have required the applicant to meet professional education, competency, and other eligibility standards equivalent to the standards required by the Board for issuance of a license by examination to practice dental hygiene in this state.

B. A holder of a temporary license to practice dental hygiene shall have the same rights and privileges and be governed by the State Dental Act and the rules of the Board in the same manner as a holder of a permanent license to practice dental hygiene. A temporary license to practice dental hygiene shall expire as of the date of the next dental hygiene clinical examination required by the Board.
Historical Data Laws 1970, SB 632, c. 173, § 25, emerg. eff. July 1, 1970; Amended by Laws 2000, HB 1351, c. 283, § 5, eff. November 1, 2000 (superseded document available).

1   2   3   4   5


The database is protected by copyright ©dentisty.org 2016
send message

    Main page