Table of Contents Title 46 Professional and Occupational Standards



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Table of Contents

Title 46

Professional and Occupational Standards

Part XXXIII. Dental Health Profession

Chapter 1. General Provisions 1

§103. Evidence of Graduation 1

§104. Display of License 1

§105. Restricted Licensees 1

§106. Parental Consent 2

§108. Levels and Definitions of Supervision 2

§110. Licensees Suffering Impairment Due to Alcohol or Substance Abuse 2

§112. Avoidance of Conflict of Interest by Board Members 2

§113. Public Comment at Board Meetings 3

§114. Reinstatement of Licenses Revoked for Non-Payment 3

§116. Reconsideration of Adverse Sanctions 3

§120. Temporary Licenses 4

§122. Scopes of Practice 5

§124. Guidelines for Returning to Active Practice 5

§128. Provisional Licensure for Dental Healthcare Workers Providing Gratuitous Services 6

§132. Administration of Botox and Dermal Fillers 6

Chapter 3. Dentists 7

§301. Advertising and Soliciting by Dentists 7

§304. Address of Dental Practice and Mailing Address 9

§306. Requirements of Applicants for Dental Licensure by Credentials 9

§307. Criteria to be Utilized to Determine Professional Competence, Conduct and Ethics of an Applicant Seeking Licensure by Credentials 10

§308. Licensure by Credentials for Those Applicants Possessing D.D.S., D.M.D. and/or M.D. Degrees 11

§310. Transportation Provided to Patients by Dentists 11

§313. Portable and Mobile Dentistry 11

§316. Disclosure of Financial Interest by Referring Dental Health Care Provider 15

§320. Required Inventories 17

§322. Expungement of Disciplinary Actions 17

Chapter 4. Fees and Costs 17

Subchapter A. General Provisions 17

§401. Scope of Chapter 17

§403. Form of Payment Required 17

§405. Payments Nonrefundable 17

§407. Dishonored Checks 17

§409. Term of License; Renewal 18

Subchapter B. General Fees and Costs 18

§411. Miscellaneous Fees and Costs 18

Subchapter C. Fees for Dentists 18

§413. Scope of Subchapter 18

§415. Licenses, Permits, and Examinations (Dentists) 18

Subchapter D. Fees for Dental Hygienists 19

§417. Scope of Subchapter 19

§419. Licenses, Permits and Examinations (Dental Hygienists) 19

Subchapter E. Fees for Expanded Duty Dental Assistant 19

§420. Certificate Confirmation and Reconfirmation Fees 19

Subchapter F. Adjudication Proceedings Costs 20

§421. Subpoenas 20

Chapter 5. Dental Assistants 20

§501. Authorized Duties 20

§502. Authorized Duties of Expanded Duty Dental Assistants 21

§503. Guide to Curriculum Development for Expanded Duty Dental Assistants 21

§504. Confirmation of Expanded Duty Dental Assistant Certification 22

§505. Expanded Duty Dental Assistant Certificate Confirmation Fee and Reconfirmations; Display of Certificate 22

§508. Dental Assistants Graduating from Dental Assisting Schools Approved by the Commission on Dental Accreditation 22

§512. Sanctions 22

Chapter 6. Dentists Employing Nurses 23

§601. Authorized Duties 23

Chapter 7. Dental Hygienists 23

§701. Authorized Duties 23

§703. Address of Employment and Mailing Address 24

§705. Prohibition against Illegal Conduct by Dental Hygienists 24

§706. Requirements of Applicants for Licensure by Credentials (Hygienists) 24

§707. Criteria to be Utilized to Determine Professional Competence, Conduct and Ethics of an Applicant Seeking Licensure by Credentials 25

§708. Advertising by Dental Hygienists 25

§710. Administration of Local Anesthesia for Dental Purposes 25

§712. Nitrous Oxide Inhalation Analgesia 26

Chapter 8. Complaints, Investigation, and Informal Resolution 27

§801. Complaints and Investigation 27

§803. Recommendations by the Disciplinary Oversight Committee (DOC) 27

§805. Informal Dentist-to-Dentist Meeting 28

Chapter 9. Formal Adjudication 29

§901. Scope of Chapter 29

§903. Initiation of Proceedings 29

§905. Complaint 29

§907. Notice of Hearing 29

§909. Response to Complaint; Notice of Representation 30

§911. Pleadings; Motions; Service 30

§913. Prehearing Motion 30

§915. Motions for Continuance of Hearing 30

§917. Disposition of Prehearing Motions 31

§919. Subpoenas for Hearing 31

§921. Prehearing Conference 31

§923. Conduct of Hearing; Record 31

§925. Evidence 32

§927. Informal Disposition 32

§929. Decisions; Notice 32

§931. Rehearings 33

Chapter 10. Infectious Waste Management 33

§1001. Handling and Disposing of Infectious Waste 33

Chapter 12. Transmission Prevention of Hepatitis B Virus, Hepatitis C Virus, and Human Immunodeficiency Virus 34

§1201. Scope of Chapter 34

§1202. Definitions 34

§1203. Standard Precautions 34

§1204. Investigations 35

§1205. Prohibitions and Restrictions 35

§1206. Sterilizer Monitoring Log and Record Retention 35

§1207. Self-Reporting 35

§1208. Confidentiality of Reported Information 36

§1209. Advertisement of HBV, HCV or HIV Status Prohibited 36

§1210. Authorization to Practice; Expert Review Panel 36

Chapter 13. Dental Laser and Air Abrasion Utilization 36

§1301. Requirements 36

§1302. Procedures 36

§1303. Approval of Training 36

§1305. Air Abrasion Units 37

Chapter 14. Rulemaking, Declaratory Opinions and Rules 37

§1401. Scope of Chapter 37

§1403. Forms 37

§1405. Exceptions 37

Chapter 15. Anesthesia/Analgesia Administration 37

§1501. Scope of Chapter 37

§1502. Types of Permits 37

§1503. Personal Permits for Sedation/Anesthesia 38

§1504. Pediatric Certification for Personal Permits 38

§1505. Personal Permit Renewals 38

§1506. Intranasal Midazolam 39

§1508. Oral Administration of Drugs for Sedation 39

§1509. Third-Party Sedation/Anesthesia 39

§1510. Moderate Sedation 39

§1511. Required Facilities, Personnel and Equipment for Sedation Procedures 39

§1515. Hospitals and Outpatient Surgical Centers; Exemption 40

Chapter 16. Continuing Education Requirements 40

§1601. Scope of Chapter 40

§1603. Effective Date 41

§1605. Penalties 41

§1607. Exemptions 41

§1609. Reporting and Record Keeping 41

§1611. Continuing Education Requirements for Relicensure of Dentists 41

§1613. Continuing Education Requirements for Relicensure of Dental Hygienists 42

§1615. Approved Courses 43

Chapter 17. Licensure Examination 44

§1701. Scope of Chapter 44

§1707. Religious Obligations 44

§1709. Examination of Dentists 44

§1711. Examination of Dental Hygienists 45

§1713. Board Approved Regional or National Independent Third Party Clinical Examinations 45

Chapter 18. Criminal History Records Information 46

§1801. Scope of Chapter 46

§1803. Definitions 46

§1805. Criminal History Record Information Requirement 46

§1807. Effect of Application 46

§1809. Procedural Requirements 46

§1811. Falsification of Criminal Record Information 47

§1813. Confidentiality of Criminal History Record Information 47

§1815. Exceptions to Criminal History Information Requirement 47



Title 46

Professional and Occupational Standards

Part XXXIII. Dental Health Profession

Chapter 1. General Provisions

§103. Evidence of Graduation

A.1. All applicants for a dental license shall furnish the board with satisfactory evidence of graduation from an accredited dental school, dental college, or educational program. An accredited dental school, dental college, or educational program shall be one that has been certified as accredited by the Commission on Dental Accreditation of the American Dental Association (CODA).

2. An applicant for a dental license who did not attend an accredited dental school or dental college must successfully complete a post-graduate CODA-approved program in either general dentistry or one of the board-approved specialties listed in §122.

a. An acceptable general dentistry post-graduate program shall consist of at least two complete, consecutive years of training in no more than two CODA-approved institutions or programs. The board does not accept an accumulation of incomplete programs to satisfy this requirement.

b. An acceptable specialty post-graduate program shall consist of at least two consecutive years at the same institution. The board does not accept an accumulation of programs which are less than two years in length to satisfy this requirement.

c. If granted a dental license, an applicant who fulfills his or her dental education requirement through a CODA-approved post-graduate program will be required to practice in only the field in which he or she obtained the two years of post-graduate training.

B. All applicants for a dental hygiene license shall furnish the board with satisfactory evidence of graduation from an accredited dental hygiene school, dental hygiene college, or educational program of at least two years in length.

C. The phrase satisfactory evidence of graduation from an accredited dental school, dental college or educational program shall mean receipt of satisfactory evidence from the dean of the applicant's school specifically stating that the applicant will indeed graduate within 90 days following the successful completion of a board-approved clinical licensing examination.

D. The president of the board shall withhold his signature on the license of the applicant pending receipt of satisfactory evidence of graduation before awarding the applicant's license to practice dentistry or dental hygiene in the state of Louisiana.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:760(8).

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Board of Dentistry, LR 10:88 (February 1984), amended by the Department of Health and Hospitals, Board of Dentistry, LR 24:1112 (June 1998), LR 26:488 (March 2000), LR 27:1890 (November 2001), LR 38:2770 (November 2012), repromulgated LR 39:87 (January 2013).

§104. Display of License

A. All Louisiana licensees holding either a dental or dental hygiene license shall display their license in full and open view for all patients to observe along with all current renewal permits of said license.

B. All certificates or permits authorizing the administration of anesthesia, analgesia or sedation shall also be displayed in full and open view in close proximity to those licenses and renewal certificates required by this rule to be kept in open and full view for the public to observe.

C. When licensees provide dental services in more than one facility, a copy of those licenses and/or certificates shall suffice in place of the original and said copy shall be displayed in full and open view for all patients to see.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:760(8).

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Dentistry, LR 18:740 (July 1992).

§105. Restricted Licensees

A. All applicants for a restricted license must successfully complete the Louisiana State Board of Dentistry examination in jurisprudence within 60 days of receiving said license, except those licenses issued for less than one year.

B. All recipients of restricted licenses who are members of the faculty of the LSU system, graduates of a dental school accredited by the Commission on Dental Accreditation of the American Dental Association, and otherwise meet all requirements for a general license must receive same within two years from receipt of the original restricted license by successfully completing the LSBD clinical licensure examination or by credentials, provided that where a holder of a restricted license has been so licensed without interruption since January 1, 1990, he may continue to hold a restricted license without the necessity of meeting the requirements for a general license.

C. All applicants for restricted licenses who graduated from a dental school not accredited by the Commission on Dental Accreditation of the American Dental Association and are part of the faculty of the LSU system, must submit with the restricted license application:

1. a letter from the dean of the dental school that he/she attended attesting to the applicant's successful completion of the course of study; and

2. a letter from the LSU system showing that the applicant is or is expected to be a member of its faculty, and verifying the competency of the applicant. The LSU system is responsible to notify the board as to any termination of employment of any faculty member or graduate student holding a restricted license.

D. Restricted licenses may be issued to residents and/or graduate students in the LSU system, but those licenses are only valid during the time the applicant is a resident and/or graduate student in the LSU system.

E. Oral surgery residents who attend medical school as a requirement of their residency training may keep their restricted license active during medical school, but may only work in the hospital, or its affiliates sponsoring the residency.

F. Part-time faculty of the LSU system shall be exempt from the licensure requirements of §105.B and C. However, part-time faculty in the LSU system shall be required to successfully complete the examination in jurisprudence as required in §105.A.

G. All LSU system faculty must possess either a restricted or unrestricted license.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:760(8).

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Dentistry, LR 21:571 (June 1995), amended LR 22:23 (January 1996), LR 23:1529 (November 1997), LR 26:1612 (August 2000), repromulgated LR 27:1893 (November 2001), amended LR 38:2770 (November 2012).

§106. Parental Consent

A. No dentist is to replace a tooth or part of a tooth or associated tissue by means of a filling, cap, or crown on any person under the age of 18 years without the prior consent of the minor's parent or guardian.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:760(8).

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Dentistry, LR 22:24 (January 1996).

§108. Levels and Definitions of Supervision

A. Licensed dentists who employ dental assistants, expanded duty dental assistants, and dental hygienists shall be responsible for the supervision of those employees' authorized duties. Authorized duties of dental assistants, expanded duty dental assistants, and dental hygienists may also be under the supervision of a licensed dentist who assumes responsibility for the treatment of that patient.

1. Direct Supervision. A licensed dentist personally diagnoses the condition to be treated; personally authorizes the procedures; is in the dental office or treatment facility during the performance of the authorized procedures; and, before dismissal of the patient, evaluates the performance of the dental assistant, expanded duty dental assistant, or dental hygienist.

2. General Supervision. The licensed dentist has authorized the procedures, which are being carried out by the dental hygienist in accordance with the dentist's treatment plan; however, the dentist is not required to be present in the dental office or treatment facility during the performance of the supervised procedures.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:760(8).

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Dentistry, LR 24:1112 (June 1998).

§110. Licensees Suffering Impairment Due to Alcohol or Substance Abuse

A. After considerable study and review of other state practices in regards to evaluation, diagnosis, prognosis, and treatment of licensees suffering impairment through chemical or drug abuse, the board shall hereby abide by the following procedures.

1. Where possible, a member of the Louisiana State Board of Dentistry may attend said intervention on either an official or unofficial basis according to his judgment in each particular case.

2. If the alleged impaired licensee fails to comply with the wishes and instructions of the intervention within seven days following said intervention, the board may order said alleged licensee into a properly equipped and board-approved facility for evaluation and, if necessary, treatment for the impairment, if same is proven positive. Should the evaluation prove that the licensee is not impaired, the cost of the evaluation shall be borne by the board. If the evaluation is positive for impairment, the cost for evaluation and all treatment thereof shall be borne by the licensee.

3. Should the alleged impaired licensee fail to comply with the order of the board relative to evaluation and treatment, formal proceedings may be brought against the alleged impaired licensee as soon as practicality dictates.

B. Any adverse action taken as a result thereof shall be reported to the National Practitioner Data Bank. However, if there is no action taken by the board in these matters, any required reporting to the National Practitioner Data Bank shall not be the responsibility of the Louisiana State Board of Dentistry.

C. If the impaired licensee has violated any other provisions of the Louisiana Dental Practice Act, said violation shall be prosecuted and any subsequent action taken thereof shall be reported to the National Practitioner Data Bank.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:760(2) and (8).

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Dentistry, LR 24:1112 (June 1998), amended LR 28:1776 (August 2002).

§112. Avoidance of Conflict of Interest by Board Members

A. No board member, during his or her term of office, shall simultaneously serve or hold the following appointive or elective offices in any local or statewide voluntary dental or dental hygiene association, organization, or society:

1. president;

2. president-elect;

3. vice-president;

4. secretary;

5. treasurer;

6. board of directors (elected or ex-officio);

7. peer review committee;

8. delegate or alternate delegate.

B. However, §112 shall not prohibit a board member from participating in any capacity relative to the administration of continuing education in any local or statewide voluntary dental association, organization, or society.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:760(8).

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Dentistry, LR 24:1113 (June 1998).

§113. Public Comment at Board Meetings

A. A public comment period shall be held at or near the beginning of each board meeting, or any other time deemed appropriate by the board president. Persons desiring to present public comments shall notify the board or its executive director prior to the beginning of the meeting. However, to assure that an opportunity is afforded all persons who desire to make public comments, the board president shall inquire at the beginning of the meeting if there are additional persons who wish to comment. The board president shall allot the time available for the public comments in an equitable manner among those persons desiring to comment, limiting each person to a maximum of three minutes, with the total comment period not to exceed 30 minutes. Each person making public comments shall identify himself and the group, organization or company, if any, he represents.

AUTHORITY NOTE: Promulgated in accordance with R.S. 42:5.D and R.S. 37:760(8).

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Dentistry, LR 28:1776 (August 2002).

§114. Reinstatement of Licenses Revoked for Non-Payment

A. The board may reinstate a Louisiana dental or dental hygiene license which was revoked due to non-renewal provided that the former licensee:

1. has submitted the fully completed required application form with all supporting data and certification of competency of good character;

2. has paid all required fees;

3. has, if deemed necessary by the board, appeared for a personal interview before the board;

4. possesses a current certificate in the American Heart Association cardiopulmonary resuscitation health care provider course, the American Red Cross professional rescue course, or their equivalent; and

5. has complied with applicable provisions of §124.

B. Regardless of the former licensee’s compliance with the foregoing and the requirements listed in §124, the board may refuse to reinstate a license for any of the following:

1. any material misrepresentation or omission in the application; or

2. any disciplinary action or sanctions taken against an applicant’s license in another jurisdiction; or

3. any reason listed in R.S. 37:775, 37:776, or 37:777.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:760(8).

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Dentistry, LR 24:1113 (June 1998), amended LR 25:514 (March 1999), LR 41:1285 (July 2015).

§116. Reconsideration of Adverse Sanctions

A. Any person wishing to initiate an application for reconsideration of an adverse disciplinary decision of the board or consent decree must make the request in writing and it shall be received by the board at its office no later than 30 days prior to the next scheduled meeting of the board in order for it to be placed on the board agenda for consideration. The request for reconsideration of adverse sanctions shall be filed with the board in conformity with LAC 46:XXXIII.911.

B. The request for reconsideration should be accompanied by supporting documentation and other pertinent information demonstrating his/her professional and/or personal rehabilitation since the adverse disciplinary sanctions or decision of the board.

C. If timely received, the applicant's written request and all supporting documentation and/or information are delivered to the board's disciplinary committee which originally rendered the adverse decision to the applicant, and said committee shall determine if the applicant's request for reconsideration has substantial merit. In the course of the committee's review, if it deems necessary, it may require the applicant and all supporting references to appear in person before the committee for the purpose of affording the committee an opportunity to personally interview each person. All expenses for the attendance of the applicant and his/her personal references shall be borne by the applicant. Because of the nature of the request, the committee may entertain it in executive session at the option of the applicant. Moreover, the committee shall prescribe time limitations for all speakers appearing before it and order such other considerations as will promote a fair and orderly review of the subject matter. After review of the documentation and completion of the interviews, if any, the committee will determine if the request for reconsideration has sufficient merit to warrant the committee's favorable recommendation to the full board. If the committee rules favorably to the applicant, then the applicant's entire request for reconsideration and all supporting documentation and/or information are forwarded to the full board for its further consideration at the next scheduled board meeting.

D. If the committee decides that the application is without substantial merit, it shall so inform the officers of the board and, thereafter, one officer shall be appointed to notify the applicant, in writing, of said unfavorable action. The applicant is not thereafter entitled to appear before the full board relative to this application; only applications which have been found to have substantial merit by the committee are to be submitted to the full board.

E. The full board, at its next meeting, may consider those applicants found by the committee to have substantial merit in open meeting if requested to do so by the applicant. In the absence of such request, the board shall entertain the matter in executive session. In the course of the board's review, if it deems necessary, it may require the applicant and all supporting references to appear in person before the board for the purpose of affording the board an opportunity to interview each person first hand. All expenses for the attendance of the applicant and his/her personal references shall be borne by the applicant. Moreover, the board shall prescribe time limitations for all speakers appearing before it and order such other considerations as will promote a fair and orderly meeting.

F. If the full board concurs with the favorable recommendations of the disciplinary committee, then the board shall decide upon the exact terms and conditions of any amendment, modification, or other change in the original decision rendered against the applicant. Thereafter, the applicant shall be notified, in writing, of the board's decision.

G. If the full board does not concur with the favorable recommendations of the disciplinary committee, then the board shall so notify the applicant in writing.

H. Any person desiring to file an application for a reconsideration with the board shall be permitted to do so only after 12 months following the board's decision or ratification of a consent decree and only once every


12 months thereafter, unless new and compelling information becomes available. If an application is denied, then that person must wait at least until the expiration of
12 months from the date appearing on the board's denial letter before submitting a subsequent application.

I. A licensee may request a reconsideration of adverse sanctions a maximum of three times for the same disciplinary matter. Any applications beyond this limit will be considered at the discretion of the board.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:760(8).

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Dentistry, LR 24:1113 (June 1998), amended LR 26:1612 (August 2000), repromulgated LR 27:1890 (November 2001), amended LR 27:1893 (November 2001), LR 36:63 (January 2010), LR 39:2278 (August 2013).

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