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



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Section 328.26 - Issuance of Dental Intern or Resident Permit

A. The Board of Dentistry may, without examination, issue a dental intern or resident permit to a graduate of an approved dental school or college, who is otherwise qualified, upon request of the governing body of any public or private institution for the graduate to serve as a dental intern or resident in the institution, with limited duties as defined in the permit.

B. A dental intern or resident permit shall not be issued to any person whose license to practice dentistry in this state or in another state has been suspended or revoked, or to whom a license to practice dentistry has been refused.

C. A dental intern or resident permit shall not authorize the holder to open an office for the private practice of dentistry, or to receive compensation for the practice of dentistry, except a salary paid by the federal government or this state, or their subdivisions, or the public or private institution where the holder of the dental intern or resident permit will be employed.

D. Dental intern or resident permits may be renewed annually at the discretion of the Board.
Historical Data Laws 1970, SB 632, c. 173, § 26, emerg. eff. July 1, 1970; Amended by Laws 1990, SB 866, c. 51, § 121, emerg. eff. April 9, 1990; Amended by Laws 1996, HB 1880, c. 2, § 7, eff. November 1, 1996; Amended by Laws 2012, SB 1690, c. 270, § 5, eff. November 1, 2012 (superseded document available).

Section 328.27 - Faculty Permits

A. 1. The Board of Dentistry may, without a clinical examination, upon presentation of satisfactory credentials, including completion of the dental hygiene National Boards and both Part I and Part II of the National Board examination for dentists, and under such rules as the Board may promulgate, issue a faculty permit to an applicant who:

a. is a graduate of a school of dentistry approved by the Board and is licensed to practice dentistry in another state or country,

b. successfully completes advanced training in a specialty approved by the Commission on Dental Accreditation of the American Dental Association, or

c. is a graduate of an accredited dental hygiene program and is licensed to practice dental hygiene in another state.

2. A faculty permit shall be issued only upon the certification of the dean of an accredited dental college or the director of an accredited dental hygiene program located in this state that the applicant is a bona fide member of the teaching staff of that college or program.

3. Following the first year of employment, the faculty permit holder shall show proof of passing an appropriate clinical board examination recognized by the Board of Dentistry.

4. A faculty permit shall be valid for one (1) year and may be renewed by the Board at the written request of the dean of an accredited dental program or the director of an accredited dental hygiene program.

B. The holder of a faculty permit shall be entitled to perform services and procedures in the same manner as a person holding a license to practice dentistry or dental hygiene in this state, but all services and procedures performed by the faculty permit holder shall only be without compensation other than that received in salary from a faculty position or through faculty practice as authorized by the Board. Such services and procedures shall be performed only within the facilities of an accredited dental college or accredited dental hygiene program or in a seminar or postgraduate course and as an adjunct to teaching functions. A holder of a faculty permit shall only engage in faculty practice of dentistry or dental hygiene within the facilities designated by the accredited dental college and including teaching hospitals approved by the Board.
Historical Data Added by Laws 1970, SB 632, c. 173, § 27, emerg. eff. July 1, 1970; Amended by Laws 1999, SB 296, c. 280, § 6, eff. November 1, 1999 (superseded document available); Amended by Laws 2005, HB 1337, c. 377, § 3, eff. November 1, 2005 (superseded document available); Amended by Laws 2011, SB 574, c. 262, § 2, emerg. eff. July 1, 2011 (superseded document available).
Section 328.28a - Applicants - Criminal Background Check

A. Every applicant for any type of license or permit issued by the Board of Dentistry shall be subject to a criminal background check.

B. Each applicant shall submit two completed fingerprint cards as required by the Board. The fingerprint cards shall be required to be in a clear, readable format acceptable to the Oklahoma State Bureau of Investigation.

C. Each applicant shall include a money order or cashier’s check made payable to the Oklahoma State Bureau of Investigation for the purposes of a local and national criminal background check.

D. The Board shall forward the fingerprint cards, along with the applicable fee for a national fingerprint criminal history records search, to the Bureau.

E. The Bureau shall retain one set of fingerprints in the Automated Fingerprint Identification System and submit the other set to the Federal Bureau of Investigation for a national criminal history records search.


Historical Data Added by Laws 2012, SB 1690, c. 270, § 6, eff. November 1, 2012.

Section 328.29 - Unlawful Practices for Dental Hygienists

A. It shall be unlawful for any dental hygienist to:

1. Advertise or publish, directly or indirectly, or circulate through the usual commercial channels, such as the press, magazines, directories, radio, television, sign, display or by leaflets, the fact that he or she is in the practice of dental hygiene;

2. Place his or her name in any city, commercial or other directory;

3. Place his or her name in the classified section of a telephone directory;

4. Offer free dental service or examination as an inducement to gain patronage;

5. Claim the use of any secret or patented methods or treatments;

6. Employ or use solicitors to obtain patronage;

7. Pay or accept commission in any form or manner as compensation for referring patients to any person for professional services;

8. In any way advertise as having ability to diagnose or prescribe for any treatment;

9. Publish any schedule or comparative prices or fees for his or her services;

10. Claim or infer superiority over other dental hygienists;

11. Perform any services in the mouth other than those which are hereafter authorized by the Board of Dentistry pursuant to authority conferred by the State Dental Act;

12. Attempt to conduct a practice of dental hygiene in any place or in any manner other than as authorized by Section 328.34 of this title;

13. Attempt to use in any manner whatsoever any oral prophylaxis list, call list, records, reprints or copies of same or information gathered therefrom, or the names of patients whom he or she has formerly treated when serving as an employee in the office of a dentist for whom he or she was formerly employed; or

14. Fail to keep prominently displayed in the office of the dentist for whom he or she is employed his or her license and annual renewal certificate.

B. 1. Any person committing an offense against any of the provisions of this section, including, but not limited to, duly promulgated rules of the Board shall, upon conviction thereof, be subjected to such penalties as are provided in the State Dental Act.

2. A writ of injunction without bond shall be made available to the Board of Dentistry for the enforcement of the State Dental Act.

C. It shall not be a violation of the State Dental Act for a dental hygienist to place his or her name in letters no larger than those used by his or her dentist employer on the door, window or premises, with the letters R.D.H. or the words, dental hygienist, following his or her name.
Historical Data Laws 1970, SB 632, c. 173, § 29, emerg. eff. July 1, 1970; Amended by Laws 2003, HB 1443, c. 171, § 1, emerg. eff. May 5, 2003 (superseded document available).


Section 328.29a - Revocation or Suspension Dental Assistant Permit - Discipline by Probation or Censure, Public or Private

A. The Board of Dentistry shall have the power, after a hearing, to revoke or suspend a permit of a dental assistant or to discipline by a probation or censure, public or private, for:

1. Any of the causes now existing in the laws of the State of Oklahoma;

2. A violation of the provisions of the State Dental Act; or

3. A violation of the rules of the Board promulgated pursuant to the State Dental Act.

B. The Board shall also have the power to act upon a petition by a dental assistant for reinstatement to good standing. The Board shall keep a record of the evidence and proceedings in all matters involving the revocation or suspension of a permit, censure or probation of a dental assistant. The Board shall make findings of fact and a decision thereon. The Board shall immediately forward a certified copy of the decision to the dental assistant involved by registered mail to the last-known business address of the dental assistant and the employing dentist of the dental assistant.

C. The decision shall be final unless the dental assistant appeals the decision as provided by the State Dental Act.

D. The Board shall have power to revoke or suspend the permit, censure, or place on probation a dental assistant for a violation of one or more of the following:

1. Pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving moral turpitude, or a violation of federal or state controlled dangerous substances laws;

2. The presentation to the Board of false application or documentation for expanded duty permits;

3. Being, by reason of persistent inebriety or addiction to drugs, incompetent to continue to function as a dental assistant;

4. Functioning outside the supervision of a dentist;

5. Performing any function prohibited by Chapter 15 of the Oklahoma Administrative Code; or

6. Failure to secure an annual registration as specified in Section 328.41 of Title 59 of the Oklahoma Statutes.


Historical Data Added by Laws 2005, HB 1337, c. 377, § 4, eff. November 1, 2005.

Section 328.31 - Types of Trade Names Prohibited - Registration with Board - Issuance of Certificates - Enforcement Actions

A. Professional entities formed pursuant to the Professional Entity Act, for the purpose of rendering professional services by a dentist, shall be subject to all of the provisions of the State Dental Act, except that professional entities shall not be required to obtain a license from the Board of Dentistry. Individuals who hold a license issued by the Board shall be responsible, pursuant to the State Dental Act, for their personal conduct without regard to the fact that they are acting as an owner, manager, agent or employee of, or the holder of an interest in, a professional entity.

B. Professional entities formed for the purpose of rendering professional services by a dentist must register with the Board before rendering such services and must update the registration during June of each year. The Board shall:

1. Provide the form and establish the fee for the registration and update;

2. Maintain a registry of all such professional entities; and

3. Publish annually a summary of the registry.

C. The Board is authorized to issue certificates pursuant to Section 804 of Title 18 of the Oklahoma Statutes and shall maintain a record of each certificate issued.

D. Enforcement actions by the Board for violation of the State Dental Act or the rules of the Board may be brought against a professional entity as well as against any individual who is or has acted as an owner, manager, agent or employee of, or the holder of an interest in, the professional entity.


Historical Data Added by Laws 1970, SB 632, c. 173, § 31, emerg. eff. July 1, 1970; Amended by Laws 1996, HB 1880, c. 2, § 8, eff.
Section 328.31a - Use of Trade Names with Practice of Dentistry

A. One dentist or multiple dentists may use a trade name in connection with the practice of dentistry provided that:

1. The use of the trade name shall not be false, fraudulent or misleading;

2. The name of the dentist or dentists actually providing the dental services to the patient shall appear on all billing invoices or statements sent to the patient and on all receipts if any are given to the patient;

3. Treatment records shall be maintained for each patient that clearly identify the dentist or dentists who performed all dental services for the patient; and

4. When one dentist or multiple dentists make an advertisement in the trade name or the trade name is included in an advertisement, a copy of the advertisement, including but not limited to any electronic form of the advertising, shall be kept by the dentist or dentists for three (3) years from the first publication date of the advertisement.

B. The Board of Dentistry shall promulgate rules regulating advertisements in which one dentist or multiple dentists use a trade name.
Historical Data Added by Laws 1996, HB 1880, c. 2, § 9, eff. November 1, 1996; Amended by Laws 2009, HB 1059, c. 192, § 1, eff. November 1, 2009 (superseded document available).
Section 328.32 - Grounds for Penalties
A. The following acts or occurrences by a dentist shall constitute grounds for which the penalties specified in Section 328.44a of this title may be imposed by order of the Board of Dentistry:

1. Pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving moral turpitude, or a violation of federal or state controlled dangerous substances laws;

2. Presenting to the Board a false diploma, license, or certificate, or one obtained by fraud or illegal means;

3. Being, by reason of persistent inebriety or addiction to drugs, incompetent to continue the practice of dentistry;

4. Publishing a false, fraudulent, or misleading advertisement or statement;

5. Authorizing or aiding an unlicensed person to practice dentistry, to practice dental hygiene, or to perform a function for which a permit from the Board is required;

6. Authorizing or aiding a dental hygienist to perform any procedure prohibited by the State Dental Act or the rules of the Board;

7. Authorizing or aiding a dental assistant to perform any procedure prohibited by the State Dental Act or the rules of the Board;

8. Failing to pay fees as required by the State Dental Act or the rules of the Board;

9. Failing to complete continuing education requirements;

10. Representing himself or herself to the public as a specialist in a dental specialty without holding a dental specialty license therefor;

11. Representing himself or herself to the public as a specialist whose practice is limited to a dental specialty, when such representation is false, fraudulent, or misleading;

12. Endangering the health of patients by reason of having a highly communicable disease and continuing to practice dentistry without taking appropriate safeguards;

13. Being a menace to the public health by reasons of practicing dentistry in an unsafe or unsanitary manner or place;

14. Being shown to be mentally unsound;

15. Being shown to be grossly immoral and that such condition represents a threat to patient care or treatment;

16. Being incompetent to practice dentistry while delivering care to a patient;

17. Committing gross negligence in the practice of dentistry;

18. Committing repeated acts of negligence in the practice of dentistry;

19. Offering to effect or effecting a division of fees, or agreeing to split or divide a fee for dental services with any person, in exchange for the person bringing or referring a patient;

20. Being involuntarily committed to an institution for treatment for substance abuse, until recovery or remission;

21. Using or attempting to use the services of a dental laboratory or dental laboratory technician without issuing a laboratory prescription, except as provided in subsection C of Section 328.36 of this title;

22. Aiding, abetting, or encouraging a dental hygienist employed by the dentist to make use of an oral prophylaxis list, or the calling by telephone or by use of letters transmitted through the mails to solicit patronage from patients formerly served in the office of any dentist formerly employing such hygienist;

23. Having more than the equivalent of two full-time dental hygienists for each dentist actively practicing in the same dental office who will supervise the dental hygienists;

24. Knowingly patronizing or using the services of a dental laboratory or dental laboratory technician who has not complied with the provisions of the State Dental Act and the rules of the Board;

25. Authorizing or aiding a dental hygienist, dental assistant, dental laboratory technician, or holder of a permit to operate a dental laboratory to violate any provision of the State Dental Act or the rules of the Board;

26. Willfully disclosing confidential information;

27. Writing a false, unnecessary, or excessive prescription for any drug or narcotic which is a controlled dangerous substance under either federal or state law;

28. Prescribing or administering any drug or treatment without having established a valid dentist-patient relationship;

29. Using or administering nitrous oxide gas in a dental office in an inappropriate or unauthorized manner;

30. Engaging in nonconsensual physical contact with a patient which is sexual in nature, or engaging in a verbal communication which is intended to be sexually demeaning to a patient;

31. Practicing dentistry without displaying, at the dentist's primary place of practice, the license issued to the dentist by the Board to practice dentistry and the current renewal certificate;

32. Being dishonest in a material way with a patient;

33. Failing to retain all patient records for at least three (3) years, except that the failure to retain records shall not be a violation of the State Dental Act if the dentist shows that the records were lost, destroyed, or removed by another, without the consent of the dentist;

34. Failing to retain the dentist's copy of any laboratory prescription for at least three (3) years, except that the failure to retain records shall not be a violation of the State Dental Act if the dentist shows that the records were lost, destroyed, or removed by another, without the consent of the dentist;

35. Allowing any corporation, organization, group, person, or other legal entity, except another dentist or a professional entity that is in compliance with the registration requirements of subsection B of Section 328.31 of this title, to direct, control, or interfere with the dentist’s clinical judgment. Clinical judgment shall include, but not be limited to, such matters as selection of a course of treatment, control of patient records, policies and decisions relating to pricing, credit, refunds, warranties and advertising, and decisions relating to office personnel and hours of practice. Nothing in this paragraph shall be construed to:

a. limit a patient’s right of informed consent, or

b. to prohibit insurers, preferred provider organizations and managed care plans from operating pursuant to the applicable provisions of the Oklahoma Insurance Code and the Public Health Code;

36. Violating the state dental act of another state resulting in a plea of guilty or nolo contendere, conviction or suspension or revocation of the license of the dentist under the laws of that state;

37. Violating or attempting to violate the provisions of the State Dental Act or the rules of the Board, as a principal, accessory or accomplice;

38. Failing to comply with the terms and conditions of an order imposing suspension of a license or placement on probation issued pursuant to Section 328.44a of this title; or

39. Failing to cooperate during an investigation or providing false information, verbally or in writing, to the Board, the Board’s investigator or an agent of the Board.

B. The provisions of the State Dental Act shall not be construed to prohibit any dentist from displaying or otherwise advertising that the dentist is also currently licensed, registered, certified, or otherwise credentialed pursuant to the laws of this state or a nationally recognized credentialing board, if authorized by the laws of the state or credentialing board to display or otherwise advertise as a licensed, registered, certified, or credentialed dentist.
Historical Data Laws 1970, SB 632, c. 173, § 32, emerg. eff. July 1, 1970; Amended by Laws 1996, HB 1880, c. 2, § 10, eff. November 1, 1996; Amended by Laws 1998, SB 448, c. 377, § 5, eff. November 1, 1998 (superseded document available); Amended by Laws 2000, HB 1351, c. 283, § 6, eff. November 1, 2000 (superseded document available); Amended by Laws 2011, SB 574, c. 262, § 3, emerg. eff. July 1, 2011 (superseded document available); Amended by Laws 2012, SB 1690, c. 270, § 7, eff. November 1, 2012 (superseded document available).

Section 328.33 - Revocation or Suspension of Certificate of Ability of a Dental Hygienist

A. The Board of Dentistry shall have the power, after a hearing, to revoke or suspend a license of a dental hygienist or to discipline by probation or reprimand, public or private, for:

1. Any of the causes now existing in the laws of the State of Oklahoma;

2. A violation of the provisions of the State Dental Act; or

3. A violation of the rules of the Board promulgated pursuant to the State Dental Act.

B. The Board shall also have the power to act upon a petition by a dental hygienist for reinstatement to good standing. The Board shall keep a record of the evidence and proceedings in all matters involving the revocation or suspension of a license or reprimand or probation of a dental hygienist. The Board shall make findings of fact and a decision thereon. The Board shall immediately forward a certified copy of the decision to the dental hygienist involved by registered mail to the last-known business address of the dental hygienist.

C. 1. The decision shall be final unless the dental hygienist appeals the decision as provided by the State Dental Act.

2. If an appeal is not timely taken, the decision shall be carried out by striking the name of the dental hygienist from the rolls, or suspending the dental hygienist for the period mentioned in issuing a reprimand, or otherwise acting as required by the decision.

D. The Board shall have power to revoke or suspend the license, reprimand, or place on probation a dental hygienist for a violation of one or more of the following:

1. Pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving moral turpitude, or a violation of federal or state controlled dangerous substances laws;

2. The presentation to the Board of a false diploma, license or certificate, or one obtained by fraud or illegal means;

3. Being, by reason of persistent inebriety or addiction to drugs, incompetent to continue the practice of dental hygiene;

4. Has been guilty of dishonorable or unprofessional conduct;

5. Has failed to pay registration fees as provided by the State Dental Act;

6. Is a menace to the public health by reason of communicable disease;

7. Has been proven mentally incapacitated or has been admitted to a mental institution, either public or private, and until the dental hygienist has been proven to be mentally competent;

8. Is grossly immoral;

9. Is incompetent in the practice of dental hygiene;

10. Is guilty of willful negligence in the practice of dental hygiene;

11. Has been committed for treatment for drug addiction to a facility, either public or private, and until the dental hygienist has been proven cured;

12. Is practicing or attempting to practice dental hygiene in any place or in any manner other than as authorized by Section 328.34 of this title;

13. Is using or attempting to use in any manner whatsoever any oral prophylaxis list, call list, records, reprints or copies of same, or information gathered therefrom, of the names of patients whom such dental hygienist might have served in the office of a prior employer, unless such names appear upon the bona fide call or oral prophylaxis list of the present employer of the dental hygienist and were caused to so appear through the legitimate practice of dentistry, as provided for in the State Dental Act;

14. Violating the state dental act of another state resulting in a plea of guilty or nolo contendere, conviction or suspension or revocation of the license of the dental hygienist under the laws of that state;

15. Violating or attempting to violate the provisions of the State Dental Act or the rules of the Board, as a principal, accessory or accomplice; or

16. Failing to comply with the terms and conditions of an order imposing suspension of a license or placement on probation issued pursuant to Section 328.44a of this title.
Historical Data Laws 1970, SB 632, c. 173, § 33, emerg. eff. July 1, 1970; Amended by Laws 2003, HB 1443, c. 171, § 2, emerg. eff. May 5, 2003, (superseded document available).

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