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SENATE FLOOR VERSION
February 22, 2021
SENATE BILL NO. 408 By: Garvin of the Senate
and
Miller of the House
An Act relating to the practice of dentist ry;
amending 59 O.S. 2011, Section 328. 21, as last
amended by Section 3, Chapter 397, O.S.L. 2019 (59
O.S. Supp. 2020, Section 328.21), which relates to
application for license; broadening accepted
examinations; amending 59 O.S. 2011, Section 328.23a,
as amended by Section 10, Chapter 229, O.S. L. 2015
(59 O.S. Supp. 2020, Section 328.23a), which relates
to special volunteer license; modifying certain
requirement; amending 59 O.S. 2011, Section 328.25,
as last amended by Section 11, Chapter 363, O.S.L.
2019 (59 O.S. Supp. 2020, Section 328.25), which
relates to oral maxillofacial surgery assistant
permits; modifying certain continuing education
requirements; updating statutory reference; amending
Section 19, Chapter 229, O.S.L. 2015 (59 O.S. Supp.
2020, Section 328.31b), which relates to p atient
record keeping requirements; modifying certain
records requirement; amending 59 O.S. 2011, Section
328.32, as last amended by Section 34, Chapter 161,
O.S.L. 2020 (59 O.S. Supp. 2020, Section 328.32) ,
which relates to grounds for penalties ; modifying
certain grounds; adding reference; amending 59 O.S.
2011, Section 328.33, as last amended by Section 5,
Chapter 113, O.S.L. 2016 (59 O.S. Supp. 2020, Section
328.33), which relates to disciplinary action; adding
certain violations; authorizing certain
advertisement; amending 59 O.S. 2011, Section
328.36a, which relates to laboratory prescriptions;
modifying time period of certain requirement;
allowing certain referrals; amending 59 O.S. 2011,
Section 328.41, as last amended by Section 9, Chapter
397, O.S.L. 2019 (59 O.S. Supp. 2020, Section
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328.41), which relates to continuing education
requirements; modifying r equirements; amending 59
O.S. 2011, Section 328.48, which relates to annual
statements of receipts and expenditures; updating
term; providing for certain electronic transmission;
repealing 59 O.S. 2011, Section 328.29, which relates
to unlawful practices for dental hygienists;
repealing 59 O.S. 2011, Section 328.41, as last
amended by Section 4, Chapter 428, O.S.L. 2019 (59
O.S. Supp. 2020, Section 328.41), which relates to
dentistry; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2011, Section 328.21, as
last amended by Section 3, Chapter 397, O.S.L. 20 19 (59 O.S. Supp.
2020, Section 328.21), i s amended to read as follows:
Section 328.21. A. No person shall practice dentistry or
dental hygiene without fir st applying for and obtaining a license
from the Board of Dentistry.
B. Application shall be made to the Board in writing and shall
be accompanied by the fee established by the rules of the Board,
together with satisfactory proof that the applicant:
1. Is of good moral character;
2. Is twenty-one (21) years of age, or over, at the time of
making application to practice dentistry or eighteen (18) years of
age, or over, if the applicant is to practice denta l hygiene;
3. Has passed a written theoretical ex amination and a clinical
examination approved by the Board; and
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4. Has passed a written jurisprude nce examination over the
rules and laws affecting dentistry in this state.
C. An application from a candid ate who desires to secure a
license from the Board to practice dentistry or dental hygiene in
this state shall be accompanied by satisfactory proof t hat the
applicant:
1. Is a graduate of an accredited dental college, if the
applicant is to practice denti stry;
2. Is a graduate of an accredited dental hy giene program, if
the applicant is to practice dental hygiene; and
3. Has passed all portions of t he National Board Dental
Examination or the National Board Dental Hygiene Examination.
D. Pursuant to Sect ion 328.15 of this title, the Board may
affiliate as a member state, and accept regional exams including,
but not limited to, the Western Regional Ex amination Board (WREB),
Central Regional Dental Testing Service (CRDTS), the Commission on
Dental Competency Assessments (CDCA) or another regional exam that
includes the following requirements:
a. for dental licensing the following components:
(1) a fixed prosthetic component of the preparation
of an anterior all porcelain crown and the
preparation of a three -unit posterior bridge,
(2) a periodontal component on a live patient,
(3) an endodontic component,
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(4) an anterior class III and posterior class II
restorative component on a live patient,
(5) a diagnosis and treatment planning section as
approved by the Board, as specified in Section
328.15 of this title , and
(6) the Board may determine equivalencies based on
components of other exams for the purpose of
credentialing, or
b. for dental hygienists licensing the following
components:
(1) clinical patient trea tments with an evaluation of
specific clinical ski lls as well as the
candidate’s compliance with professional
standards during the treatment as appro ved by the
Board in Section 325.15 of this title and shall
include:
(a) extra/intra oral assessment,
(b) periodontal probing, and
(c) scaling/subgingival cal culus removal and
supragingival deposit removal.
E. When the applicant and the accompanying proof are found
satisfactory, the Board shall no tify the applicant to appear for the
jurisprudence examination at the time and place to be fixed by the
Board. A dental student or a dental hygiene student in their last
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semester of a dental or dental hygiene prog ram, having met all other
requirements, may make application and take the jurisprudence
examination with a letter from the dean of the dental school or
director of the hygiene program stating that the applicant is a
candidate for graduation within the next six (6) months.
F. The Board shall requi re 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 i dentified and
attested, and any other info rmation as required by the Board.
G. Any applicant who fails to pass the jurisprudence
examination may apply for a second examination, in which case the
applicant shall pay a reexamination fee as established by th e
statutes or rules of the State Dental Act.
H. Any applicant who fails to pass the clinical examination a s
described in paragraph 4 of subsection C of this section may be
given credit for such subjects as the Board may allow, but such
credits shall be extended only to the succeeding examinations . If
the applicant fails to pass a second examination, before fu rther re-
examination, the Board may require eviden ce of additional education,
as specified by the Board. After a third examination, the Board may
deny the applicant another examination.
I. A dentist or dental hygienist currently licensed in another
state having met the qualifications in paragraphs 1 thr ough 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 gene ral 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 substanti ally 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 substantially
equivalent to the requirements for Oklahoma may apply for li censure
by credentials. Applicants for credentialing must include:
a. a letter of good standing fr om all states ever
licensed, and
b. any other requirements as set forth by the rules;
3. An applicant appl ying 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 C of this section; or
4. A dental hygienist applying for credenti aling for advanced
procedures by providing proof o f passage of the advanced procedure
in a WREB, CDCA or CRDTS exam.
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J. There shall be two types of advanced procedure available for
dental hygienists upon completion of a CODA approved program or
course that has been approved by the Board:
1. Administration of nitrous oxide; and
2. Administration of local anesthesia.
K. All licensees and permit holde rs shall display their current
permit or license in a visible place within the dental office or
treatment facility.
SECTION 2. AMENDATORY 59 O.S. 2011, Section 328.23a, as
amended by Section 10, Chapter 229, O.S.L. 2015 (59 O.S. Supp. 2020,
Section 328.23a), is amended to read as follows:
Section 328.23a. A. There is established a sp ecial volunteer
license for dentists and a special volunteer license for dental
hygienists who are re tired from active practice or out-of-state
licensees in active practice who are in the Oklahoma Medical Reserve
Corps or assisting with emergency managemen t, emergency operations,
or hazard mitigation in r esponse to any emergency, man-made
disaster, or natural disaster, or participating in public health
initiatives, disaster drills, and community service events that are
endorsed by a city, county , or state health department in the state
and wish to donate t heir expertise for the dental care and treatment
of indigent and needy persons of the state. The s pecial volunteer
license shall be:
1. Issued by the Board of Dentistry to eligible persons;
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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 eligible for a special volunteer license :
1. Completion of a special volunteer dental o r dental hygiene
license application, including documentation of the dentist’s dental
or dental hygiene sch ool graduation and practice history;
2. Documentation that the dentist or dental hygienist has been
previously issued a full and unrestricted licens e to practice
dentistry or dental hygiene in Oklahoma 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 h ygienist is licensed in
more than one state and any license of the licensee is suspe nded,
revoked, or subject to any a gency order limiting or restricting
practice privileges, or has been voluntarily terminate d under threat
of sanction, the dentist or denta l hygienist shall be ineligible to
receive a special volunteer license;
3. Acknowledgement and documentation that the dentist’s or
dental hygienist’s practice under the special volunteer license will
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be exclusively and totally devoted to providing dental care to needy
and indigent persons in Oklahoma this state;
4. Acknowledgement and documentatio n that the dentist or dental
hygienist will not receive or have the expectation to receive any
payment or compensation, either direct or indirect, for any dental
services rendered under the special volun teer 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 assistants, and dental
technicians who volunteer their professional ser vices in the state.
Dental assistants and dental technicians shall work under the direct
supervision of a dentist.
D. Dental assistants may be issued a volunte er permit at the
request of an entity that provides dental services to the needy.
Volunteers in a volunteer initiative who are n ot dentists or dental
hygienists shall be named and provided on a list to the Board by the
entity hosting the volunteer initiat ive with any other requirements
as set forth by the Board. The Board shall provide written
documentation to the host entity desi gnating all persons who may
participate in the volunteer initiative, including authorization of
the timetable requested by the host entity for granting licensure
exemption. Any person working under a volunteer dental assi stant
permit shall not receive pay ment 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 dates and
locations of services to be provided.
E. All persons providing care shall do so under th e provisions
specified in Section 328.1 et seq. of this title or rules
promulgated by the Board. Only those functions authoriz ed by law or
administrative rule shall be performed by the named person approved
by the Board.
F. Volunteers shall not use sedat ion 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 al l follow-up care.
H. At any time, the Board shall re voke a volunteer license
based on documentation of failure to participate 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 3. AMENDATORY 59 O.S. 2011, Section 328.25, as
last amended by Section 11, Chapter 363, O.S.L. 2019 (59 O.S. Supp.
2020, Section 328.25), is amended to re ad as follows:
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Section 328.25. A. No person shall practice as an oral
maxillofacial surgery assistant without having obtained a permit as
an oral maxillofacial surgery assistant from the Board of Dentistry.
B. Any person seeking to obtain an oral maxillo facial surgery
assistant permit must have a supervising oral maxillofacial surgeon
with a current Oklahoma license and complete the requirements set
forth by the Board.
C. The application shall be made to the Board in writing and
shall be accompanied by t he fee established by the Board, t ogether
with the satisfactory proof that the applicant:
1. Passes a background check with criteria established by the
Board; and
2. Has completed all of the training r equirements for the oral
maxillofacial surgery assist ant permit as established by the B oard.
D. An oral maxillofacial surgery assistant permit shall be
considered a temporary training permit until all of the train ing
requirements, as established by the Bo ard for each oral
maxillofacial surgery assistant, ha ve been completed and approved by
the Board.
E. A temporary training permit for each oral maxillofacial
surgery assistant shall not be extended beyond two (2) y ears.
F. All oral maxillofacial surgery a ssistants are required to be
under direct supervision or direct visual supervision at a ll times
by a licensed oral maxillofacial surgeon.
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G. If an oral maxillofacial surgery assistant is not currently
employed by an oral maxillofacial surgeon, the oral ma xillofacial
surgery assistant permit shall automatica lly revert to a dental
assistant permit as set forth in Section 328.24 of this title and
may be eligible for an expanded function assisting a dentist who
holds a parenteral or pediatric anesthesia permit ; provided, only
the dentist may administer anesthesi a and assess the patient ’s level
of sedation. The oral maxillofacial surgery assistant permit may be
reinstated upon employment under a licensed oral maxillofac ial
surgeon.
H. Any oral maxillofacial su rgeon shall notify the Board within
thirty (30) days of an oral maxillofacial surgery a ssistant no
longer under his or her supervision.
I. An applicant for an oral maxillofacial surgery assistant
permit shall provide satisfactory proof of:
1. Successful completion of the Dental Anesthesia Assistant
National Certification Examination (DAANC E) provided by the American
Association of Oral Maxillofacial Surgeons (AAOMS) or another
program or examination as approved by the Board;
2. A valid BLS certification;
3. Employment and completion of a minimum of six (6 ) months of
training under the dir ect supervision of a licensed oral
maxillofacial surgeon prior to starting DAANCE or another program or
examination as approved by the Board;
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4. A standardized course a pproved by the Board including a
minimum of four (4) hours of didactic training that mu st include
anatomy, intravenous access or phlebotomy, technique, risks and
complications, and hands-on experience starting and maintaining
intravenous lines on a human o r simulator/manikin, and pharmacology;
5. Completion of an infection-control course as approved by the
Board.
J. An oral maxillofacial surgery assistant who has completed
all the requirements shall receive a perm it to practice as an oral
maxillofacial surgery assistant within a dental office, surgery
center, dental ambulatory surgery cente r or hospital.
K. Oral maxillofacial surgery assistants shall be required to
complete twelve (12) eight (8) hours of continuing education every
three (3) two (2) years in classes approved by AAOMS that are
certified by the American Dental Association CERP program or another
program approved by the Board. The continuing education requirement
shall include at least one (1) hour on infection control.
L. The anesthesia committee provided pursuant to Section 328.1 7
of this title may make a recommendation to t he Board for an oral
maxillofacial surgery assistant holding a temporary training permit
to substitute training received from a nother state university,
dental school or technical training institute or training acquired
in a surgery center or hospital while working under the authority of
a licensed physician, to qualify as a partial substitute for the
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requirements to attain an oral maxillofacial surgery assistant
permit.
M. An oral maxillofacial surgery assistan t may only accept
delegation from an oral and maxillofacial surgeon:
1. Under direct supervision:
a. initiate and discontinue an intravenous line for a
patient being prepar ed to receive intravenous
medications, sedation or general anesthesia, or
b. draw up and prepare medications;
2. Under direct visual supervision:
a. follow instructions of the oral surgeon while acting
as an accessory hand on behalf of the oral surgeon
that is administering the medication and act ively
treating the patient. For the purp oses of this
section, “administer” means to have the sole
responsibility for anesthesia care, including
determining medicines to be used and the dosage,
timing, route of del ivery and administration of
medication and the assessment of the level of
anesthesia and monitoring the physiological results of
such care; provided, only an oral surgeon or dentist
possessing a current general anesthesia permit may
administer or assess th e level of sedation or general
anesthesia and monitor the results of such care,
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b. follow instructions of the oral surgeon to adj ust the
rate of intravenous fluids to maintain or keep the
line patent or open and adjust an electronic device to
provide medications such as an infusion pump, and
c. assist the oral surgeon by reading, recordi ng vital
signs of a patient receiving deep sed ation or general
anesthesia; provided, only an oral surgeon may assess
the level of sedation; and
3. Only an oral surgeon shal l be responsible to diagnose,
treat, monitor, determine and administer the selectio n of the drug,
dosage, and timing of all anest hetic medications and care of the
patient through the perioperative period shall rest solely with the
supervising oral and maxi llofacial surgeon.
4. Nothing in this act the State Dental Act shall be construed
as to allow an oral s urgery assistant or dental assistant to
administer anesthesia care to a patient.
SECTION 4. AMENDATORY Section 19, Chapter 229 , O.S.L.
2015 (59 O.S. Supp. 2020, Section 328.31b), is amended to read as
follows:
Section 328.31b. A. Every dental office or treatment facility,
whether individual, group or multi-doctor practice operating under a
name, trade name or other professional entity shall maintain written
records on each patient treated at the facility and shall make these
records available to the Board and other regulatory entities or be
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subject to the penalties as set forth in Section 328.44 of this
title.
B. Each licensed dentist shall maintain written records on each
patient that shall contain, at a minimum, the following information
about the patient:
1. A health history listing known illnesses, other treating
physicians, and current medications prescribed;
2. Results of clinical examination and tests conducted,
including the identification, or lack thereof, of any oral pathology
or diseases;
3. Treatment plan proposed by the dentist;
4. Treatment rendered to the patient. The patient record shall
clearly identify the dentist and the dental hygienist providing the
treatment with the dentist, specialty or dental hygienist license
number. The patient record shall include documentation of any
medications prescribed, administered or dispensed to the patient;
5. Whenever patient records are released or transferred , the
dentist releasing or transferring the records shall maintain either
the original records or copies thereof and a notation shall be made
in the retained records indicating to whom the records were released
or transferred; and
6. All claims being subm itted for insurance must be signed,
stamped or have an electronic signatur e by the treating dentist.
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C. Patient records may be kept in an electronic data format,
provided that the dentist maintains a backup copy o f information
stored in the data processin g system using disk, tape or other
electronic back-up system and that back up is updated on a regular
basis, at least weekly, to assure that data is not lost due to
system failure. Any electronic data system shall be capable of
producing a hard copy on dem and.
D. All patient records shall be maintained for seven (7) years
from the date of treatment.
E. Each licensed dentist shall retain a copy of each entry in
his or her patient appointment book or such other log, calendar,
book, file or computer data use d in lieu of an appointment book for
a period of no less than seven (7) ye ars from the date of each entry
thereon.
SECTION 5. AMENDATORY 59 O.S. 2011, Section 328.32, as
last amended by Section 34, Chapter 161, O.S.L. 2020 (59 O.S . Supp.
2020, 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 penal ties specified
in Section 328.44a of thi s 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 Board:
1. Pleading guilty or nolo contendere to, or being convicted
of, a felony, a misdemeanor involving moral turpi tude, any crime in
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which an individual wou ld be required to be a registered sex
offender under Oklahoma law, any violent crime, Medicaid 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 means, or providing
other false information on a n application or renewal;
3. Being, by reason of persi stent inebriety or addiction to
drugs, incompetent to continue the practice of den tistry;
4. Publishing a false, fraudulent, or misleading advertisement
or statement;
5. Authorizing or aiding an unli censed 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 o f the
Board;
7. Authorizing or aiding a dental assista nt or oral
maxillofacial surgery assista nt 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 educ ation requirements;
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10. Representing hi mself 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 t o 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. Practicing dentistry in an unsafe or unsa nitary manner or
place, including but not limited to repeated failures to follow
Centers for Disease Control and Prevention (CDC) or Occupational
Safety and Health Administration (OSHA) guidelines;
14. Being shown to be mentally unsound;
15. Being shown to be grossly immoral and that such condit ion
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 practic e of
dentistry;
19. Offering to effect or effecting a division of fees, or
agreeing to split or divide a fee for denta l services with any
person, in exchange for the person bringing or referring a patient;
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20. Being involuntarily committed to an institut ion for
treatment for substance abuse, until recovery or remission;
21. Using or attempting to use the services of a d ental
laboratory or dental laboratory technician withou t issuing a
laboratory prescription, exc ept 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 o r by use of letters transmitted through
the mails to solicit patronage from patien ts formerly served in the
office of any dentist formerly employing such hygienist;
23. Having more than the equivalent of three full-time dental
hygienists for each dentist actively 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 patient without having a
license or permit issu ed by the Board;
25. Knowingly patronizing or using th e services of a dental
laboratory or dental laboratory technician who has not comp lied with
the provisions of the State Dental Act and the rules of the Board;
26. Authorizing or aiding a dental hygien ist, dental assistant,
oral maxillofacial surgery assis tant, dental laboratory technician,
or holder of a permit to operate a dental labo ratory to violate any
provision of the State Dental Act or the rules of the Board;
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27. Willfully disclosing informatio n protected by the Health
Information Portability and A ccountability Act, P.L. 104 -191;
28. Writing a false, unnecessary, or excessive p rescription for
any drug or narcotic which is a controlled dangerous substance under
either federal or state law , or prescribing, dispensing or
administering opioid drugs in excess of the maximum limits
authorized in Section 2-309I of Title 63 of the Oklah oma Statutes;
29. Prescribing or administering any drug or treatment without
having established a valid dentist -patient relationship;
30. Using or administering nitrous oxi de gas in a dental office
in an inappropriate or unauthorized manner;
31. 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;
32. Practicing dentistry without display ing, at the dentist’s
primary place of pra ctice, the license issued to the dentist by the
Board to practice dentistry and the current renewal certificate;
33. Being dishonest in a material way with a patient;
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, destroye d, or removed by another,
without the consent of the dentist;
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35. Failing to retain the dentist ’s copy of any laborat ory
prescription for at least three (3) seven years, except that the
failure to retain records sha ll not be a violation of the State
Dental Act if the dentist shows that the record s were lost,
destroyed, or removed by another, without the consent of the
dentist;
36. Allowing any corporation, organ ization, group, person, or
other legal entity, except a nother dentist or a professional entity
that is in compliance with the registratio n 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 n ot be limited to, such matters as select ion of a
course of treatment, control of p atient records, policies and
decisions relating to pricing, credit, refunds, warra nties and
advertising, and decisions relating to office personnel and hours of
practice. Nothing in this paragraph shall be constru ed to:
a. limit a patient’s right of informed consent, or
b. prohibit insurers, preferred provider organizations
and managed care plans from operating pursuant t o the
applicable provisions of the Oklahoma Insurance C ode
and the Public Health Code;
37. Violating the state dental act of another sta te resulting
in a plea of guilty or nolo contendere, conviction or suspension or
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revocation or other sanction by anothe r state board, of the license
of the dentist under the laws of that state;
38. Violating or at tempting to violate the provisions of the
State Dental Act or the rules of the Board, a state or federal
statute or rule relating to scheduled drugs, fraud, a vi olent crime
or any crime for which the penalty includes the requirement of
registration as a se x offender in Oklahoma as a principal, acc essory
or accomplice;
39. Failing to comply with the terms and conditions of an o rder
imposing suspension of a license or placement on probation issued
pursuant to Section 3 28.44a of this title;
40. Failing to cooperate during an investigation or providi ng
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 t o
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 obtain ing a
license or a violation of a law related to controlled dangerous
substances including p rescribing laws pursuant to Section 2 -309D of
Title 63 of the Oklahoma Statutes.
B. The provisions of the State Dental Act shall not be
construed to prohibit any d entist from displaying or otherwise
advertising that the dentist is also currently licensed, registered,
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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 dis play or
otherwise advertise as a licensed, registered, certified, or
credentialed dentist.
SECTION 6. AMENDATORY 59 O.S. 2011, Section 328.33, as
last amended by Section 5, Chapter 113, O.S.L. 2016 (59 O.S. Supp.
2020, Section 328.33), is amended to read as follows:
Section 328.33. A. The following acts or occurrences by a
dental hygienist shall constitute ground s 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 Board:
1. Any of the causes now existing in the laws 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 promulgated pursuant
to the State Dental Act.
B. The Board shall also h ave the power to act upon a petition
by a dental hygienist for reinstatement to good standin g. 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 findin gs of
fact and a decision thereon. The Board shall immediately forward a
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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 unl ess 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 t he 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 followin g:
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 mean s;
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 o r unprofessional conduct;
5. Failure to pay r egistration fees as provided by the State
Dental Act;
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6. Is a menace to the public health by reason of communicable
disease;
7. Being shown to be mentally incapacitated or has been
admitted to a mental instit ution, either public or private, and
until the dental hygienist has been proven to be mental ly competent;
8. Being shown to be grossly immoral;
9. Being incompetent in the practice of dental hygiene;
10. Committing willful negligence in the practice of dental
hygiene;
11. Being involuntarily commi tted for treatment for drug
addiction to a facility, either public or private, and until the
dental hygienist has been proven cured;
12. 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. Claim the use of any secret or patented methods or
treatments with materials not approved by the Food and Drug
Administration;
14. Make statements or advertise as having ability to d iagnose
or prescribe for any treatment;
15. Perform any services in the mouth other than th ose
authorized by the Board of Dentistry pursuant to authority conferred
by the State Dental Act;
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16. 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;
17. 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 wh om 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;
18. Fail to keep prominently displayed in the office of the
dentist for whom he or she is employed his or her current valid
license renewal certificate;
19. Using or attempting to use in any manner whatsoever any
oral prophylaxis list, call list, records, reprints or c opies of
same, or information gathered therefrom, of the names of patients
whom such dental hygienist might ha ve 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 fo r in the State Dental Act;
14. 20. 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;
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15. 21. Violating or attempting to violate the prov isions of
the State Dental Act or the rules of th e Board, as a principal,
accessory or accomplice;
16. 22. Failing to comply with the terms and conditions of an
order imposing suspension of a license or placement on probation
issued pursuant to Section 32 8.44a of this title; or
17. 23. Any violation that w ould otherwise be a violation for a
dentist under Section 328.32 of this title.
E. A dental hygienist m ay advertise that he or she is
practicing in the office of t he supervising dentist in which he or
she is employed.
SECTION 7. AMENDATORY 59 O.S. 2011, Section 328.36a, is
amended to read as follows:
Section 328.36a. A. A dentist may utilize a dental laboratory
technician and a dental lab oratory to perform or provide dental
laboratory technology. Except as provided in subsectio n C of
Section 328.36 of this title, a dentist who utilizes the services of
a dental laboratory technician or dental laboratory shall furnish a
laboratory prescript ion for each patient for whom a work product i s
prescribed.
B. Laboratory prescriptions iss ued by a dentist shall be on
forms containing the minimum information required by subsection D of
this section and shall be produced or printed by each dentist. Su ch
forms shall be provided by the Board of Den tistry or downloaded from
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the Board’s website. All forms shall be completed in full and
signed by the prescribing dentist. The owner of a dental laboratory
shall retain each original laboratory prescription r eceived from a
prescribing dentist and produce the document for inspection and
copying by a member of the Board or by an agent or employee of the
Board, for a period of three (3) seven (7) years from the date of
the laboratory prescription. The prescribin g dentist shall retain
the duplicate copy of e ach laboratory prescription and produce the
document for inspection and copying by a member of the Board or by
an agent or employee of the Board, for a period of three (3) seven
(7) years from the date of the l aboratory prescription.
C. The patient’s name or the identification number of the
laboratory prescription shall appear on all dental models and
correspond to all dental restorations, appliances or other devices
being constructed, reproduced or repaired. Any dental model,
restoration, appliance or ot her device in the possession of a dental
laboratory technician or dental laboratory without a laboratory
prescription and corresponding number on the model, restoration,
appliance or device shall be prima facie evidence of a violation of
the State Dental Act. After completion, the prescribed work pro duct
shall be returned by the dental laboratory technician or dental
laboratory to the prescribing dentist or the dental office of the
dentist with the name or numb er of the laboratory prescription
accompanying the invoice.
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D. At a minimum, prescriptions shall contain the following
information:
1. The name and address of the dental laboratory;
2. The patient’s name and/or identifying number. In the event
such identifying number is used, the name of the patie nt shall be
written on a copy of the prescript ion retained by the dentist;
3. A description of the work to be completed with diagrams, if
applicable;
4. A description of the type of materials to be used;
5. The actual date on which the authorization or prescription
was written or completed;
6. The signature in ink or by electronic method of the dentist
issuing the prescription and the state license number and address of
such dentist; and
7. A section to be completed by the dental laboratory and
returned to the issuing dentist that shall disclose a ll information
and certify that the information is accurate by including the
signature of a reasonable part of the primary contractor.
E. The Board shall make read ily available a sample form on the
Board’s website for use by any licensee at no cost.
F. A dentist may produce, transfer and retain copies of the
form electronically.
G. A dentist may refer a patient to a dental laboratory for the
purpose of selecting t he shading or matching shades of a prosthetic
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device being prepared for the dentist to deliv er to the patient.
The dentist must maintain a copy of the prescription written for the
lab.
SECTION 8. AMENDATORY 59 O.S. 2011, Section 328.41, as
last amended by Section 9, Chapter 397, O.S.L. 2019 (59 O.S. Supp.
2020, Section 328.41), is amended to read as follows:
Section 328.41. A. 1. On or before the last day of December
of each year, every dentist, dental hygienist, dental assistant ,
oral maxillofacial surgery assistant and oth er licensee or permit
holders previously licen sed or permitted by the Board to practice in
this state, with the exception of those listed in paragraph 2 of
this subsection, shall submit a completed renewal appl ication with
information as may be required by the Board, together with an annual
renewal fee established by the rules of the Board. Upon receipt of
the annual renewal fee, the Board shall issue a renewal certificate
authorizing the dentist, dental hygien ist, dental assistant, or oral
maxillofacial surgery assistant to continue the practice of
dentistry or dental hygiene, respectively, in this state for a
period of one (1) year. Every license or permit issued by the Board
shall begin on January 1 and expi re on December 31 of each year.
2. Beginning July 1, 2017, 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.
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B. Continuing education requirements shall be due at the end of
each three-year period ending in 2019 as f ollows:
1. Beginning July 1, 2019, through June 30, 2021, continuing
education requirements shall be du e at the end of each two-year
period as follows:
a. dentists.
2. Continuing education requirements for a dentist or dental
hygienist shall consist of:
a. a live, in-person cardiopulmonary resuscitation class
approved by the Board,
b. an ethics class approved by the Board,
c. for a dentist, two (2) hours of opioid and scheduled
drug prescribing, and
d. any combination of the following:
(1) classes at a university, college or technology
center school accredited by the Commission on
Dental Accreditation (CODA). A dentist or dental
hygienist who teaches one or more classes shall
receive one (1) credit hour of continuing
education per eighteen (18) hours taught,
(2) a scientific-based medical treatment and patient
care class approved by the Board,
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(3) any health-related program sponsored by the
Veterans Administration or Armed Forces provided
at a government facility,
(4) formal meetings by national or state professional
organizations for dental providers, or university
sponsored profession al alumni clinical meetings
approved by the Board,
(5) organized study clubs ,
(6) 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
(7) practice management-related courses not to exceed
four (4) hours for a dentist or two (2) hours for
a dental hygienist.
3. Dentists shall complete forty (40) hours, including a one-
time two-hour opioid and scheduled drug prescribing class ,
b. hygienists with no more than twenty (20) hours to be
completed online. Hygienists shall complete twenty
(20) hours,
c. oral with no more than ten (10) hours to be completed
online. Interactive classes o r webinar classes may,
at the discretion of the Board, count as in -person.
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4. Oral maxillofacial surgery assistants shall compl ete eight
(8) hours, including one (1) hour of infection control.
d. dental
5. Dental assistants shall have two (2) hours of infection
control, and
e. any.
6. Any newly licensed dentist shall complete a two -hour opioid
and scheduled drug prescribing clas s within one (1) year of
obtaining licensure;
2. Any newly licensed dentist shall complete a two-hour opioid
and scheduled drug prescribing class within one (1) year of
obtaining licensure; and
3. Beginning in 2020, continuing education requirements shal l
be due at the end of each two -year period as follows:
a. dentists shall complete forty (40) hours, including a
one-time, two-hour opioid and scheduled drug
prescribing class,
b. hygienists shall complete twen ty (20) hours,
c. OMS assistants shall complet e eight (8) hours, and
d. dental assistants shall have two (2) hours of
infection control.
C. Upon failure of a dentist, dental hygienist, dental
assistant, or oral maxillofacial surgery assistant to pay the a nnual
renewal fee within two (2) months after January 1, the Board shall
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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 h ygienist, dental
assistant, or oral maxillofacial surgery assistant as reflected i n
the records of the Board.
D. Any dentist, dental hygienist, dental assistant, or oral
maxillofacial surgery assistant whose license or permit is
automatically canceled by reason of failure, neglect or ref usal to
secure the renewal certificate may be re instated 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 or al maxillofacial surgery assistant
does not apply for renewal of the license or permit and pay the
required fees within one (1) year aft er the license has expired,
then the dentist, dental hygienist, dental assistant , or oral
maxillofacial surgery assistan t shall be required to file an
application for and take the examination or other requirements
provided for in the State Dental Act or th e rules promulgated by the
Board before again commencing practice.
E. The Board, by rule, shall provide for the remitta nce of fees
otherwise required by the State Den tal Act while a dentist or dental
hygienist is on active duty with any of the Armed Force s of the
United States.
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F. 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.
G. A dentist, dental hygienist, oral maxillo facial surgery
assistant or dental assistant t hat is in good standing and not und er
investigation that notifies the Board in wri ting of a voluntary
nonrenewal of license or requests retirement status shall have a
right to renew or reinstate his or her lice nse within five (5) years
from the date of not ice. The Board may require any tra ining or
continuing education requirements to b e met prior to reinstatement.
H. A dentist, dental hygienist, oral maxillofacial dental
assistant or dental assistant that has not had an active license or
permit in excess of five (5) years shall be required to apply as a
new applicant.
I. Any application for a license or permit that has remained
inactive for more than one (1) year shall be closed.
SECTION 9. AMENDATORY 59 O.S. 2011, S ection 328.48, is
amended to read as follows:
Section 328.48. It shall be the duty of the Boar d of Dentistry,
annually, to have prepared a statement showing the total amount of
receipts and expenditures of the Board for the preceding twelve (12)
months. The statement shall be properly certified under o ath by the
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president and secretary-treasurer Executive Director of the Board to
the Governor of this state and may be sent electronical ly.
SECTION 10. REPEALER 59 O.S. 2011, Section 328.29, is
hereby repealed.
SECTION 11. REPEALER 59 O.S. 2011, Section 328.41, as
last amended by Section 4, Chapter 428, O.S.L. 2019 (59 O.S. Supp.
2020, Section 328.41), is hereby repealed.
SECTION 12. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
February 22, 2021 - DO PASS