(11) Failing to be present in the dental facility to properly supervise treatment of patients, provided that the
supervision has not been delegated to another dentist.
(12) Failing to keep adequate dental records.
(13) Failing to submit a complete report to the board as required by section 22 of this rule.
(14) Performing professional services that have not been duly authorized by the patient or the patient's
(15) Providing treatment for a patient if the dentist is not prepared to handle any emergencies resulting from
the treatment or failing to refer the patient to a practitioner willing to perform the emergency
(16) Failing to maintain records of an examination, diagnosis, or treatment performed. Such information must
be entered in the patient's records within ten (10) days after the examination, diagnosis, or treatment is
(17) Signing an incomplete prescription form.
(18) Entering a contract with a third party in which the dentist may not inform the patient about the diagnosis
and the treatments possible.
(19) Failing to provide the required direct or prescriptive supervision of a dental hygienist or dental
(20) Failing to maintain documentation of the examination and prescribed dental care for patient care
provided by a licensed dental hygienist under the dentist's prescriptive supervision.
(21) Permitting a dental assistant to perform coronal polishing or apply medicaments for the control or
prevention of dental caries without first verifying that the dental assistant has completed the
requirement in 828 IAC 6.
(b) Any dentist holding a general anesthesia-deep sedation or light parenteral conscious sedation permit who:
(1) fails to comply with 828 IAC 3; or
(2) lacks the ability, skill, or knowledge to competently use general anesthesia, deep sedation, or light
parenteral conscious sedation;
is subject to disciplinary action under IC 25-1-9-9.
(c) Any dentist who utilizes general anesthesia-deep sedation or light parenteral conscious sedation without a
permit is subject to disciplinary action by the board under IC 25-1-9-9. The fact that the patient was not injured by
the use of general anesthesia, deep sedation, or light parenteral conscious sedation is not a defense to this
(d) The board may order a licensed dentist to submit to a reasonable physical or mental examination if his or
her physical or mental capacity to practice safely is at issue in a disciplinary proceeding. The choice of the
practitioner is subject to approval by the board.
(e) Dentists shall:
(1) exercise reasonable care and diligence in the conduct of research; and
(2) utilize generally accepted scientific principles and current professional theory and practice.
New or experimental procedures, techniques, and theories shall be utilized only with proper research safeguards,
informed consent, and peer review of the procedures or techniques.
(State Board of Dentistry; 828 IAC 1-1-15; filed Apr 25, 1983, 8:52 a.m.: 6 IR 1085; errata, 7 IR 700; filed Oct 16,
1985, 3:57 p.m.: 9 IR 521; filed Aug 29, 1986, 2:30 p.m.: 10 IR 20; filed Dec 2, 1987, 9:34 a.m.: 11 IR 1286; filed
Jun 8, 1992, 5:00 p.m.: 15 IR 2236; filed Oct 12, 1993, 5:00 p.m.: 17 IR 400; filed Oct 14, 1993, 5:00 p.m.: 17 IR
402; readopted filed Apr 11, 2001, 3:21 p.m.: 24 IR 2896; readopted filed Oct 4, 2007, 3:36 p.m.:
20071031-IR-828070047RFA) 828 IAC 1-2-13 Competency; physical or mental examination
Authority: IC 25-13-1-5; IC 25-14-1-13
Affected: IC 25-13-1-10; IC 25-14-1-19.1 Sec. 13. (a) The board may determine dental hygiene competency on a case by case basis using comparable
or equal standards as used in determining qualifications for initial licensure.
(b) "Dental hygiene incompetency or improper conduct of dental hygienists" includes, but is not limited to, any
one (1) or any combination of the following acts:
(1) Practicing while under the influence of alcohol or other drugs that impair skill or judgment.
(2) Practicing with a physical disability, mental disability, disease, or disorder that impairs skill or
(3) Practicing while knowingly afflicted with a serious disease that could be transmitted to
(4) Repeatedly performing a treatment or procedure that is beyond the skill or knowledge of the
practitioner with the results being detrimental to the patient.
(5) Repeatedly performing a treatment or procedure that violates acceptable standards of practice and
results in failure or is detrimental to the patient.
(6) Engaging in conduct constituting gross negligence or repeatedly failing to meet standards of
performance in treatment as measured against generally prevailing peer performance.
(7) Practicing or offering to practice beyond the scope permitted by law.
(8) Administering local dental anesthetics without first being issued a dental hygiene anesthetic permit
from the board.
(9) Providing patient care without the required direct or prescriptive supervision of a licensed dentist
as required by IC 25-13-1-10.
(c) The Indiana state board of dental examiners may order a dental hygienist to submit to a reasonable
physical or mental examination if his or her physical or mental capacity to practice safely is at issue in a
disciplinary proceeding. The choice of the practitioner to administer the examination is subject to approval by the
(d) As a condition of reinstatement of a suspended or revoked license, the board may, at its discretion, require
the applicant for reinstatement to submit to all or part of the examination for initial licensure or to a similar
(State Board of Dentistry; 828 IAC 1-2-13; filed Apr 25, 1983, 8:52 a.m.: 6 IR 1086; errata, 7 IR 700; readopted
filed Apr 11, 2001, 3:21 p.m.: 24 IR 2896; readopted filed Oct 4, 2007, 3:36 p.m.: 20071031-IR-828070047RFA) Rule 2. Dental Hygiene Local Anesthetic Permit 828 IAC 3-2-1 Administration of local dental anesthetics; requirements
Authority: IC 25-13-1-5; IC 25-14-1-13
Affected: IC 25-13-1-10.6; IC 25-13-1-11 Sec. 1. (a) A dental hygienist currently licensed to practice dental hygiene in Indiana may be issued a
permit to administer local dental anesthetics under the direct supervision of a licensed dentist if the
following requirements are met:
(1) Successfully completed the educational requirements set forth in section 2 of this rule or a
substantially equivalent educational program approved by the board.
(2) Submitted an application for a dental hygiene anesthetic permit in the form and manner required by
(3) Submitted the fee set forth in 828 IAC 0.5-2-4(9).
(4) Furnished evidence satisfactory to the board that all qualifying requirements have been met,
including the following:
(A) An official diploma or certificate showing completion of the educational requirements in
(B) An official document showing the date that the diploma was issued by the education institution
or certificate with the date of the course given.
(C) An official report showing the score attained on the local anesthesia examination required in
section 2(b) of this rule.
(D) Submit verification of their dental hygiene license and registration to administer local anesthesia
from any and all states.
(b) A permit issued under this rule:
(1) expires on the same date as the dental hygiene license issued to the dental hygienist under 828
IAC 1; and
(2) must be renewed by submitting:
(A) an application for renewal in the form and manner required by the board; and
(B) the fee set forth in 828 IAC 0.5-2-4(10).
(State Board of Dentistry; 828 IAC 3-2-1) 828 IAC 3-2-2 Educational requirements for a dental hygiene local anesthetics permit
Authority: IC 25-13-1-5; IC 25-14-1-13
Affected: IC 25-13-1-10.6; IC 25-13-1-11 Sec. 2. (a) An applicant for a dental hygiene anesthetic permit shall complete a course in local anesthesia administration in an educational program accredited by the Commission on Dental Accreditation of the American Dental Association that includes, at a minimum, fifteen (15) hours of didactic instruction and fourteen (14) hours of laboratory
work covering the following subject areas:
(1) Theory of pain control.
(2) Selection of pain control modalities.
(5) Pharmacology of local anesthesia.
(6) Pharmacology of vasoconstrictors.
(7) Psychological aspects of pain control.
(8) Systemic complications.
(9) Techniques of maxillary and mandibular anesthesia.
(10) Infection control.
(11) Local anesthesia medical emergencies.
(12) A demonstration of clinical competency.
(b) As part of the educational requirement, the dental hygienist will be required to take and pass the North East Regional Board (NERB) local anesthesia examination or a substantially equivalent regional or state examination prior to completion of the program.