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ENGROSSED SENATE
BILL NO. 1432 By: Haste of the Senate
and
Miller of the House
An Act relating to the practice of denti stry;
amending 59 O.S. 2021, Section 328.15 , which relates
to powers of the Board of Dentistry; modifying
certain power; amending 59 O.S. 2021, Section 328.19 ,
which relates to acts constituting practice of
dentistry; creating exception; amending 59 O.S. 2021,
Section 328.21, which relates to a pplication for
license; modifying examination requirements;
requiring licensee or permit holder to provide and
update certain contact information; stipulating
certain notification pro cedures for Board; amending
59 O.S. 2021, Section 328.23a, which relates to
special volunteer licenses ; broadening qualifications
for special volunteer license; amending 59 O.S. 2021,
Section 328.29a, which relates to dental assistants;
modifying certain notification procedure ; amending 59
O.S. 2021, Section 328.32 , which relates to gr ounds
for penalties; modifying and adding certain grounds
for penalties; amending 59 O.S. 2021, Section 328.41 ,
which relates to renewal certificate; modifying and
removing certain dates; modifying certain
notification procedure; amending 59 O.S. 2021,
Section 328.53, which relates to p rofessional
malpractice liability insur ance; broadening certain
exception; stating conditions of exception; updating
statutory language; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 202 1, Section 328.15, is
amended to read as follows:
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Section 328.15. A. Pursuant to and in compliance with Article
I of the Administrative Procedure s Act, the Board of Dentistry shall
have the power to formulate, ado pt, and promulgate rules as may be
necessary to regulate the practice of dentistry in this state and to
implement and enforce the provisions of the State Dental Act.
B. The Board is autho rized and empowered to:
1. Examine and test the qualifications of a pplicants for a
license or permit to be i ssued by the Board;
2. Affiliate by contract or cooperative agreement with another
state or combination of states for the purpose of conducting
simultaneous regional examinations of applicants for a license to
practice dentistry, dental hygiene, or a dent al specialty;
3. Maintain a list of the name, current mailing address and
principal office official address of all persons who hold a license
or permit issued by the Board;
4. Account for all receipts and expendit ures of the monies of
the Board, including annually preparing and publishing a stateme nt
of receipts and expenditures of the Board for each fiscal year;
5. Within limits prescribed in the State Dental Act, set all
fees and administrative penalties to be i mposed and collected by the
Board;
6. Employ an Executive Director, legal counsel and other
advisors to the Board , including advisory committees;
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7. Investigate and issue investigative a nd other subpoenas,
pursuant to Article II of the Administrative Pro cedures Act;
8. Initiate individual proc eedings and issue orders imposing
administrative penalties, pursuant to Article II of the
Administrative Procedures Act, against any dentist, denta l
hygienist, dental assistant, oral maxillofacial surgery assistant,
dental laboratory technician, or holder of a permit to operate a
dental laboratory wh o has violated the State Dental Act or the rules
of the Board;
9. Conduct, in a uniform and reasonabl e manner, inspections of
dental offices and dental laboratories and their business records of
dental offices and dental laboratories;
10. Establish guidelines for courses of study necessary for
dental assistants, oral maxillofacial surgery assistants and, when
appropriate, issue permits authorizi ng dental assistants to pe rform
expanded duties;
11. Establish continuing education requirements for dentists,
dental hygienists, dental assistants and o ral maxillofacial surgery
assistants who hold permits issued by the Board;
12. Recognize the paramete rs and standards of care e stablished
and approved by the American D ental Association;
13. Formulate, adopt, and promulgate rules, pursuant to Article
I of the Administrative Procedures Act, as may be necessary to
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implement and enforce the provisions of th e Oklahoma Dental
Mediation Act;
14. Seek and receive advice and a ssistance of the Office of the
Attorney General of this state;
15. Promote the dental health and the education of dental
health of the people of t his state;
16. Inform, educate, and advis e all persons who hold a l icense
or permit issued by the Board, or who are otherwise regulated by the
Board, regarding the State Dental Act and the rules of the Board;
17. Affiliate with the American Association o f Dental Boards as
an active member, pay r egular dues, and send memb ers of the Board as
delegates to its meet ings;
18. Enter into contracts;
19. Acquire by purchase, lease, gift, solicitation of gift or
by any other manner, hold, encumber, and dispose of personal
property as is needed, maintain, use and operate or contra ct for the
maintenance, use and operation of or lease of any and all property
of any kind, real, personal or mixed or any intere st therein unless
otherwise provided by the State Dental Act ; provided, all contracts
for real property shall be subject to the provisions of Section 63
of Title 74 of the Oklahoma Statutes;
20. Receive or accept the surrender of a license, permit, or
certificate granted to any person by the Board as provided in
Section 328.44b of this title; and
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21. Take all other actions necess ary to implement and enforce
the State Dental Act.
SECTION 2. AMENDATORY 59 O.S. 2021, Section 328.19, is
amended to read as follows:
Section 328.19. 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 d entist or as
one authorized to practice dentistry;
2. Representing oneself to the public as being able to diagnose
or examine clinical material or contract for the treating thereof;
3. Representing oneself as treating or professing to treat by
professional instructions or by advertised use of professional
equipment or products;
4. Representing oneself to the public as treating any of the
diseases or disorders o r 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 th e jaws and adjacent structures;
10. Using x-ray and interpreting dental x-ray film;
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11. Offering, undertaking or assisting, by any means or
methods, to remove stains, discolorations, or concretions from the
teeth; provided, that this paragraph shall not preclude or prohibit
the sale of any teeth whitening k it designed for self -administration
as approved by the United States Food and Drug Administration ;
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 kn own 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 wo rn 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 con struction, reproduction or
repair of any appliance or str ucture to be worn in the human mouth;
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18. Owning, maintaining, or operating an office or offices by
holding a financial interest in same for the practice of den tistry;
or
19. Any other procedure o therwise defined in the State Dental
Act requiring a vali d license or permit to perform while the person
does not hold such valid license or permit issued by the Board.
B. The fact that a person uses any dental degree, or
designation, or any card, device, directory, poster, sign or other
media representing ones elf 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 const rued 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 the
person’s official duties by dentists in the United States Army, the
United States Navy, the United Sta tes 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 col leges, as now conducted and approved,
or as may be approved, and t he practice of dentistry by students in
dental schools, colleges or hospitals, approved by the Board, when
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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 d efined herein, by a
person granted a license by the Board;
6. The performing of acts by a dental assistant or oral
maxillofacial surgery assistant who performs the acts under the
direct supervision or direct visual 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 mate rials and
mechanical devices for the fabrication of any restoratio n, appliance
or thing to be worn in the human mouth.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 328.21, is
amended to read as follows:
Section 328.21. A. No person shall practice dentistry or
dental hygiene without first applying for and obtaining a license
from the Board of Dentistry.
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B. Application shall be made to the Board in wri ting 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;
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 practic e dental hygiene;
3. Has passed a written theoretical examination and a clinical
examination approved b y the Board; and
4. Has passed a written j urisprudence examination ove r the
rules and laws affecting dentistry in this state.
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 satisfacto ry proof that the
applicant:
1. Is a graduate of an accredited dental college, if the
applicant is to practic e dentistry;
2. Is a graduate of an accredited dental hygiene program, if
the applicant is to pract ice dental hygiene; and
3. Has passed all portions of the National Board D ental
Examination or the National Board Dental Hygiene Examination.
D. Pursuant to Section 328.15 of this title, the Board may
affiliate as a member state, and accept regional ex ams from the
Commission on Dental Competency Assessments (CDCA), or the Western
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Regional Examining Board (WREB), or the Central Regional Dental
Testing Service (CRDTS) if the following requirements are included:
1. For dental licensing the following components:
a. a fixed prosthetic component of the preparation of an
anterior all porcelain crown and the preparation of a
three-unit posterior bridge,
b. a periodontal component on a live patient or manikin,
c. an endodontic component,
d. an anterior class III and posterior class II
restorative component on a li ve patient or manikin,
e. a diagnosis and trea tment planning section as approved
by the Board, as specif ied in Section 328.15 of this
title, and
f. the Board may determine equivalencies based on
components of other exams for the purpose of
credentialing; or
2. For dental hygienists licen sing the following components:
a. clinical patient treatments with an evaluation of
specific clinical skills, and
b. evaluation of the candidate’s compliance with
professional standards during the treatment as
approved by the Board in Section 328.15 of this title
and shall include:
(1) extra/intra oral assessment,
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(2) periodontal probing, and
(3) scaling/subgingival calculus rem oval and
supragingival deposit removal.
E. When the applicant and the accompanying proof are fo und
satisfactory, the Boar d shall notify the applicant to appear for the
jurisprudence examination at the t ime and place to be fixed by the
Board. A dental stu dent or a dental hygiene student in their the
student’s last semester of a dental or dental hygiene program,
having met all other requir ements, may make application and take the
jurisprudence examination with a letter from the dean of the dental
school or director of th e hygiene program stating that the applicant
is a candidate for graduation within the next six ( 6) months.
F. The Board shall require every applicant for a license to
practice dentistry or dental hygiene to submit, for the files of the
Board, a copy of a dental degree or dental hygiene degree, an
official transcript, a recent photograph duly identif ied and
attested, and any other information as required by the Board.
G. Any applicant who f ails to pass the jurisprudence
examination may apply for a second e xamination, in which case the
applicant shall pay a reexamination fee as established by the
statutes or rules of the State Dental Act.
H. A dentist or dental hygienist currently licensed i n another
state having met the qualifications in paragraphs 1 through 3 of
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subsections B and C of this section may apply for a license by
credentials upon meeting t he following:
1. A dentist holding a general dentist license in good standing
and having practiced for at least five hundred (500) hours within
the previous five (5) years immediately prior to application and
having passed a regional examination substant ially equivalent to the
requirements for this state may apply for licensure by credentials;
2. A dental hygienist holding a dental hygiene license in good
standing and having practiced for at least four hundred twenty (420)
hours within the previous five (5) years immediately prior to
application and having passed a regional examination substanti ally
equivalent to the requirements for Oklahoma this state may apply for
licensure by credentials. Applicants for credentialing must
include:
a. a letter of good standing from all states in which the
applicant has ever been licensed, and
b. any other requirements as set forth by the rules;
3. An applicant applying for a dental or dental hygiene license
by credentials shall only be required to pass the jurisprudence
portion of the examination requirements a s set forth in paragraph 4
of subsection B of this section; or
4. A dental hygienist applying for credentialing for advanced
procedures by providing proof of passage of the advanced procedure
in a CDCA, WREB or CRDTS exam.
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I. There shall be two type s of advanced procedure available for
dental hygienists upon completion of a Commission on Dental
Accreditation (CODA) approved program or course that has been
approved by the Board:
1. Administration of nitrous oxide; a nd
2. Administration of local anesthesia.
J. All licensees and permit holders shall dis play their the
current permit or license in a visible place within the dental
office or treatment facility.
K. The Board shall have the authority to temporarily change
requirements of an examinatio n due to availability or changes in the
examination format, not to exceed one (1) year.
L. During a year in which governmental officials h ave declared
a health pandemic, a state or federal disaster, or other natural or
man-made disaster, the Board shall h ave the authority through a
resolution to change or make a llowances in requirements of all
candidates for licensure and issue temporary lic enses for extended
periods of time or as needed until the event passes. The resolutio n
shall have a beginning and an end date and shall automatically
expire no less than thir ty (30) days after the end of the disaster
is declared by governmental officials.
M. Every licensee or permit holder shall have an official
address and email address listed with the Board. Every licensee or
permit holder shall update the address within t hirty (30) calendar
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days of moving. Official notification of any action of the Board
adverse to a licensee or permit holder including but not limited to
notification of license or permit cancellation due to nonrenewal,
notice of a formal complaint , or a decision of the hearing panel or
board, shall be served to the license e or permit holder by
registered mail at the official address, in person, to the
licensee’s or permit holder’s attorney, by agreement of the
individual, by a process server, or by an Investigator of the Board
pursuant to Section 2004 of Titl e 12 of the Oklahoma Statutes .
SECTION 4. AMENDATORY 59 O.S. 2021, Section 328.23a, is
amended to read as follows:
Section 328.23a. A. There is established a special voluntee r
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 o perations
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 or county health department or the State Department of Health
and wish to donate their expertise for the dental care and treatment
of indigent and needy persons of the state. A special volunteer
license may also be i ssued for any live patient trainin g approved by
the Board. The special volunteer license shall be:
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1. Issued by the Board of Dentistry to eligible person s;
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) calendar year; and
4. Issued for one (1) calendar year or part thereof.
B. A dentist or dental hygienist must meet the following
requirements to be eligib le for a special volunteer license:
1. Completion of a special volunteer dental or dental h ygiene
license application including documentation of the dentist ’s dental
or dental hygiene school graduation and practice history;
2. Documentation that the d entist or dental hygienist has been
previously issued a full and unrestricted license to practi ce
dentistry or dental hygiene in this state or in another state of the
United States and that he or she has never been the subject of any
reportable 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 docu mentation that the dentist’s or
dental hygienist’s practice under the s pecial volunteer license will
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be exclusively and totally devoted to providing dental care to needy
and indigent persons in this state;
4. Acknowledgement and documentation that the den tist or dental
hygienist will not receive or have the expecta tion to receive any
payment or compensation, either direct or indirect, for any dental
services rendered under the special volunteer license; and
5. A listing of all locations and dates that the person will be
completing volunteer work under the special volunteer license.
C. The Board of Dentistry shall have jurisdiction over
dentists, dental hygienists, dental assis tants and dental
technicians who volunteer their professional services in the st ate.
Dental assistants and dental technicians shall work under the direct
supervision of a dentist.
D. Dental assistants may be issued a volunteer permit at the
request of an entity that provides dental services to the needy.
Volunteers in a volunteer i nitiative 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 with any other requirement s
as set forth by the Board. 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 licens ure
exemption. Any person working under a volunteer dental assistant
permit shall not receive payment or compensation for any services
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rendered under the volunteer dental assistant permit. Volunteer
dental assistant permits shall be limited to specific d ates and
locations of services to be provided.
E. All persons providing care sh all 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 partic ipate according to state
laws or administrative rules.
I. A special volunteer license shall be restricted to services
provided at the locations listed on the application or for a
specific not-for-profit treatment provider group as approved by the
Board.
SECTION 5. AMENDATORY 59 O.S. 2021, Secti on 328.29a, is
amended to read as follows:
Section 328.29a. A. The following acts or occurrences by a
dental assistant or oral maxillofacial surgery assistant shall
constitute grounds for which the penalties specified in Section
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328.44a of this title may be imposed by th e Board of Dentistry or be
the basis for denying a new applicant any license or permit issued
by the Board:
1. Any of the causes now existing in the law s of the State of
Oklahoma this state;
2. A violation of the provisions of the State Dental Act; or
3. A violation of the rules of the Board p romulgated pursuant
to the State Dental Act.
B. The Board shall also have the power to act upon a petition
by a dental assistant or oral maxillofac ial surgery assistant for
reinstatement to good standing. The Boar d 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 or oral maxillofacial sur gery assistant. The Board shall
make findings of fact and a decisi on thereon. The Board shall
immediately forward a certified copy of the decision to the dental
assistant or oral maxillofacial surgery assistant involve d by
registered mail to the last -known official address as recorded by
the Board Notification of the licensee or permit holder shall occur
pursuant to Section 328.21 of this title.
C. The decision shall be final unless the dental assistant or
oral maxillofacial s urgery assistant appeals the decision as
provided by the State Dental Act.
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D. The Board shall have pow er to revoke or suspend the permit,
censure, or place on probation a dental assistant or oral
maxillofacial surgery assistant for a violation of one or m ore of
the following:
1. Pleading guilty or nolo contendere to, or being convicted
of, a felony crime that substantially relat es to the occupation of a
dental assistant or oral maxillofacial surgery assistant and poses a
reasonable threat to public safety , or a violation of federal or
state controlled dangerous substances laws;
2. Presenting to the Board a false application or d ocumentation
for a permit;
3. Being, by reason of persistent inebriety or addiction to
drugs, incompetent to continue to functio n as a dental assistant or
oral maxillofacial surgery assistant;
4. Functioning outside the direct or direct visual supervisio n
of a dentist;
5. Performing any function prohibited by Chapter 15 of the
Oklahoma Administrative Code or any violation that wo uld be a
violation for a dentist or hygienist under Section 328.32 or 328.33
of this title, or any othe r duty not assignable to a dental
assistant; or
6. Failure to secure an annual registration as specified in
Section 328.41 of this title.
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E. The Board’s review panel, as set forth in Section 328.43a of
this title, upon concurrence with the president of t he Board, may
determine that an emergency exists to temporarily suspend the permit
of a dental assistant or oral maxillofacial surgery assistant if the
panel finds that public health, safety or welfare imperatively
requires emergency action. The panel may conduct a hearing pursu ant
to Section 314 of Title 75 of the Oklahoma Statutes for the
temporary suspension.
F. As used in this section:
1. “Substantially relates” means the nature of criminal conduct
for which the person was convicted has a direct bear ing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. “Poses a reasonable threat” means the nature of criminal
conduct for which the person was convicted involved an act or thr eat
of harm against anot her and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
SECTION 6. AMENDATORY 59 O.S. 2021, Section 328.32, is
amended to read as follows:
Section 328.32. 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 or be the basis for denying a new applicant any
license or permit issued by the Bo ard:
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1. Pleading guilty or nolo contendere to, or being convicted
of, a felony, a misdemeanor inv olving moral turpitude, any crime in
which an individual would be required to be a register ed sex
offender under Oklahoma state law, any violent crime, Medica id
fraud, insurance fraud, identity theft, embezzlement 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 m eans, or providing
other false information on an application or renewal;
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 req uired;
6. Authorizing or aiding a dent al hygienist to perform any
procedure prohibited by the State Dental Act or the rules of the
Board;
7. Authorizing or aiding a dental assistant or oral
maxillofacial surgery assistant to perform any procedure prohibi ted
by the State Dental Act or the rule s of the Board;
8. Failing to pay fees a s required by the St ate Dental Act or
the rules of the Board;
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9. Failing to complete continuing education requireme nts;
10. Representing himself or herself to the public as a
specialist in a dental specialty witho ut holding a dental specialty
license therefor;
11. Representing himself or herself to the public as a
specialist whose practice is limited to a dental sp ecialty, when
such representation is false, fraudulent, or mis leading;
12. Endangering the health of patients by reason of having a
highly communicable disease a nd continuing to practice dentistry
without taking appropriate safeguards;
13. Practicing dentistry in an unsafe or unsanitary manner or
place including but not limited to repeated failures to f ollow
Centers for Disease Control and Pre vention (CDC) or Occ upational
Safety and Health Administration (OSHA) guidelines;
14. Being shown to be mental ly unsound;
15. Being shown to be grossly immoral and that such condition
represents a threat to patien t care or treatment;
16. Being incompete nt to practice denti stry while delivering
care to a patient;
17. Committing gross negligence in the practic e of dentistry;
18. Committing repeated acts of negligence in the practice of
dentistry;
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19. Offering to effect or effecting a division of fees, o r
agreeing to split or divide a fee for dental services with any
person, in exchange for the person bringi ng or referring a patient;
20. Being involuntarily committed to an i nstitution for
treatment for substance a buse, until recovery or remission;
21. Using or attempting t o use the services of a dental
laboratory or dental laboratory technician without is suing a
laboratory prescription, except as provided in subsection C of
Section 328.36 of this title;
22. Aiding, abetting, or encouraging a dental hygi enist
employed by the dentist to make use of an oral prophylaxis list, or
the calling by telephone or b y use of letters transmitted through
the mail to solicit patronage from patients formerly served in the
office of any dentist formerly employing such hyg ienist;
23. Having more than the equivalent of three full-time dental
hygienists for each dentist act ively practicing in the same dental
office;
24. Allowing a person not holding a permit or license issued by
the Board to assist in the treatment of a pat ient without having a
license or permit issued by the Board;
25. Knowingly patronizing or using the services of a dental
laboratory or dental laboratory technician who has not complied with
the provisions of the St ate Dental Act and the rules of the Board ;
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26. Authorizing or aiding a dental hygienist, dental assistant,
oral maxillofacial surgery assis tant, dental laborator y 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;
27. Willfully disclosing information protected by the Health
Information Portability and Accountability Act, P.L . 104-191;
28. Writing a false, unnecessary, or excessive prescription for
any drug or narcotic which is a controlled dangerous substa nce under
either federal or state law, or prescribing, dispensing or
administering opioid drugs i n excess of the maximum limits
authorized in Section 2 -309I of Title 63 of the Oklahoma Statutes;
29. Prescribing or administering any drug or treatment witho ut
having established a valid dentist-patient relationship;
30. Using or administering nitrous oxide gas in a dental off ice
in an inappropriate or unauthorized manner;
31. Engaging in nonconsensual physical contac t with a patient
which is sexual in natur e, or engaging in a verbal communication
which is intended to be sexually demeaning to a patie nt;
32. Practicing dentist ry without displaying, at the dentist ’s
primary place of practice, the license issued to the d entist by the
Board to practice dentistry and the current renewal certificate;
33. Being dishonest in a material way with a patient or during
the practice of dentistry;
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34. Failing to retain all patient records for at least seven
(7) years from the date of the last treatment as provided by Section
328.31b of this title, 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. Failing to retain the dentist’s copy of any laboratory
prescription for at least seven (7) 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 consen t of the dentist;
36. 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, t o 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, credi t, 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. prohibit insurers, preferred provider organiza tions
and managed care plans from operating pursuant to the
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applicable provisions of the Oklahoma Ins urance Code
and the Public Health Code;
37. Violating the state dental ac t of another state resulting
in a plea of guilty or nolo contendere, conviction o r suspension or
revocation or other sanction by another state board, of the license
of the dentist under the laws of that state;
38. Violating or attempting to violate the pr ovisions of the
State Dental Act or the rules of the Board, a state or federal
statute or rule relating to scheduled drugs, fraud, a violent crime
or any crime for which the penalty includes the requirement of
registration as a sex offender in Oklahoma this state as a
principal, accessory or accomplice;
39. 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;
40. Failing to cooperate during an investig ation or providing
false information, verbally or in writing, to the Board, the Board’s
investigator or an agent of the Board;
41. Having multiple administrative or civil actions reported to
the National Practitioner Databank; or
42. Failing to complete an approved two-hour course on opioid
and scheduled drug prescribing within one (1) year of obtaining a
license or a violation of a law related to controlled dangerous
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substances including prescribing laws pursuant to Section 2 -309D of
Title 63 of the Okla homa Statutes;
43. Falling below the basic standard of care of a lice nsed
dentist or dentist practicing in his or her specialty, a hygienist,
dental assistant, or other licensee or permit holder pursuant to the
State Dental Act and Section 20.1 of Title 76 of the O klahoma
Statutes; or
44. Failing to provide patient records as provided by Sections
19 and 20 of Title 76 of the O klahoma Statutes.
B. The provisions of the Stat e Dental Act shall not be
construed to prohibit any dentist fr om 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 o r credentialing board to display or
otherwise advertise as a licensed, registered, certified, or
credentialed dentist.
SECTION 7. AMENDATORY 59 O.S. 2021, Section 328.41, is
amended to read as follows:
Section 328.41. A. 1. On or before the last day of Dece mber
of each year, every dentist, dental h ygienist, dental assistant,
oral maxillofacial surgery assistant and other licensee or permit
holders previously licensed or permit ted by the Board to prac tice in
this state, with the exception of those listed in p aragraph 2 of
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this subsection, shall submi t a completed renewal application with
information as may be required by the Board, together with an annual
renewal fee established by the rules of the Boa rd. Upon receipt of
the annual renewal fee, the Board shal l issue a renewal certificate
authorizing the dentist, dental hygienist, dental assistant or oral
maxillofacial surgery assistant to continue the practice of
dentistry or dental hygiene, respective ly, in this state for a
period of one (1) year. Every lice nse or permit issued by the Board
shall begin on January 1 and expire on December 31 of each year.
2. Beginning July 1, 2017, resident Resident and fellowship
permits shall be valid from July 1 through June 30 of each year and
dental student intern permits shall be valid from August 1 through
July 31 of each year.
B. Beginning July 1, 2019 July 1, 2021, continuing education
requirements shall be due at the end of each two -year period.
C. 1. Continuing education requirements for a de ntist or
dental hygienist shall consist of:
a. a live, in-person cardiopulmonary resuscitation class
approved by the Board,
b. an ethics class approved by t he Board,
c. for a dentist, two (2) hours of opi oid and scheduled
drug prescribing classes, and
d. any combination of the following:
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(1) completion of classes at a university, college or
technology center school accredited by the
Commission on Dental Accre ditation (CODA) or
college courses related to de ntistry, which shall
count equal to credit hours received on a
transcript,
(2) teaching one or more classes at a school or
program accredited by CODA, for which the dentist
or dental hygienist shall receive credit for the
semester credit hours and one (1) hour of credit
per eighteen (18) hours of clinical instruction,
(3) publishing papers, presenting clinics and
lecturing, for which the dentist or dental
hygienist shall receive six (6) credit hours for
each hour of the original present ation and hour-
for-hour credit for a subsequent presentation of
the same material. No more than fifty percent
(50%) of total required continuing education
hours may be fulfilled by activities described in
this division,
(4) a scientific-based medical treatment and patient
care class approved by the Board,
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(5) any health-related program sponsored by the
Veterans Administration or Armed For ces provided
at a government facility,
(6) formal meetings by national or state professional
organizations for dental providers, or
university-sponsored professional alumni clinical
meetings approved by the Board,
(7) organized study clubs,
(8) uncompensated volunteer work at an event approved
by the Board not to exceed seven (7) hours for a
dentist or four (4) hours for a dental hygienist,
or
(9) practice-management-related courses not to exceed
four (4) hours for a dent ist or two (2) hours for
a dental hygienist.
2. Full-time graduate study, internships, residencies and
dentists and dental hygienists engaged in a full -time program
accredited by CODA shall be exempt from continuing education for a
continuing education year per academic year completed.
3. New graduates of dental and hygiene programs shall not be
required to complete continuing edu cation for the first year after
graduation. Continuing education requirements for de ntists and
dental hygienists who are new graduates shall begin July 1 of the
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calendar year following the year of graduation. Hours shall be
prorated by year of new licens ure.
D. 1. Dentists shall complete forty (40) hours of continuing
education with no more than twenty (20) hours to be comp leted
online. Hygienists shall complete twenty (20) hours of continuing
education with no more than ten (10) hour s to be completed online.
Interactive classes or webinar classes may, at the discretion of the
Board, count as in-person.
2. Oral maxillofacial surgery assistants shall complete e ight
(8) hours of continuing education including one (1) hour of
infection control.
3. Dental assistants shall complete two (2) hours of infection
control.
4. Any newly licensed dentist shall complete a two -hour opioid
and scheduled drug prescribing clas s within one (1) year of
obtaining licensure.
E. Upon failure of a dentist, dental hygienist , dental
assistant or oral maxillofacial surgery assistant t o pay the annual
renewal fee within two (2) months after Jan uary 1 of each year, the
Board shall notify the dentist, dental hygienist, dental assistant
or, oral maxillofacial surgery assistant in writing by certified
mail to the last-known mailing address of the dentist, dental
hygienist, dental assistant or oral maxillofacial s urgery assistant
as reflected in the records of the Board, or other permit holder
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that the license or permit will be officially cancelled as of April
1 pursuant to subsection M of Section 328.21 of this title . A list
of cancelled licenses or permits not otherwise renewed shall be
published at the following meeting of the Board.
F. Any dentist, dental hygienist, dental assistant or oral
maxillofacial surgery assistant whose license o r permit is
automatically canceled by reason of failure, neglect or refusal to
secure the renewal certificate may be reinstated by the Board at any
time within one (1) year from the date of the expiration of the
license, upon payment of the annual renewal fee and a penalty fee
established by the rules of the Board. If the dentist, dental
hygienist, dental assistant, or oral maxillofacial surgery assistant
does not apply for renewal of the license or permit and pay the
required fees within one (1) year afte r the license has expired,
then the dentist, dental hygienist, dental assistant or oral
maxillofacial surgery assistant shall be required to file an
application for and take the examination or other requirements
provided for in the State Dental Act or the rules promulgated by the
Board before again commencing practice.
G. The Board, by rule, shall provide for the remittance of fees
otherwise required by the State Dental Act while a dentist or dental
hygienist is on active duty with any of the Armed Forces of the
United States.
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H. In case of a lost or destroyed license or renewal
certificate and upon satisfactory proof of the loss or destruction
thereof, the Board may issue a duplicate, charging therefor a fee
established by the rules of the Board.
I. A dentist, dental hygienist, oral maxillofacial surgery
assistant or dental assistant t hat is in good standing and not under
investigation that notifies the Board in writing of a voluntary
nonrenewal of license or requests retirem ent status shall have a
right to renew or reinstate his or h er license within five (5) years
from the date of not ice. The Board may require any training or
continuing education requirements to be met prior to reinstatement.
J. A dentist, dental hygienist , oral maxillofacial dental
assistant or dental assistant th at has not had an active license or
permit in excess of five (5) years shall be required to apply as a
new applicant.
K. Any application for a license or permit that has remained
inactive for more than one (1) year shall be c losed.
SECTION 8. AMENDATORY 59 O.S. 2021, Se ction 328.53, is
amended to read as follows:
Section 328.53. A. All dentists in active practice licensed by
the Board of Dentistry shall maintain a policy for professional
malpractice liability insurance; provided, howe ver, that such
requirement shall not apply to dentists:
1. Covered by a group or hospital malpracti ce insurance policy;
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2. Practicing in a state facility subject to The Governmental
Tort Claims Act, Section 151 et seq. of Title 51 of the Oklahoma
Statutes;
3. Practicing in a fed eral facility subject to the Federal Tort
Claims Act;
4. Providing care a s a volunteer under a special volunteer
license pursuant to Section 328.23a of this title;
5. Providing care as a retire d dentist with a valid license in
a volunteer, nonpaid capaci ty;
6. Practicing or residing in another state or country, who will
not practice within the State of Oklahoma this state during the
license renewal year . A dentist that is residing but not pra cticing
in this state but wishes to maintain an active license may sign an
affidavit stating that the dentist is not practicing dentistr y,
listing the specific dates during which the dentist will not
practice. The dentist must notify the Board in writing and provide
proof of malpractice in surance no less than ten (10) days prior to
resuming practice; or
7. A dentist may petition the Boar d to be temporarily exempted
due to health, injury or other personal exigent circumst ance during
the year. A signed and sworn affidavit and other document ation may
be required by the Board. The Board at its discretion may exempt a
dentist for a specific stated period of time.
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B. The Board of Dentistry may promulgate rules as necessary t o
carry out the provisions of this section, including, but not limited
to, minimum requirements for professional malpractice liability
insurance policies and penalties for noncompliance.
SECTION 9. This act shall become effective November 1, 2022.
Passed the Senate the 21st day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives