ENGR. H. A. to ENGR. S. B. NO. 408 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 408 By: Garvin of the Senate
and
Miller of the House
An Act relating to the practice of dentistry;
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 patient
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
328.41), which relates t o continuing education
requirements; modifying requirements; amending 59
ENGR. H. A. to ENGR. S. B. NO. 408 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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, Secti on 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 effectiv e date.
AUTHOR: Add the following House Coauthor: West (Josh)
AMENDMENT NO. 1. Delete the title, enacting clause and entire bill
and replace with:
"[ practice of dentistry - providing for temporary
modification of examination and licensure
requirements in certain circumstances - modifying
certain continuing education requirements -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2011, Section 328.3, as
last amended by Section 1, Chapter 397, O.S.L. 2019 (59 O.S. Supp.
2020, Section 328.3), is amended to read as follows:
Section 328.3 As used in the State Dental Act, the following
words, phrases, or terms, unless the context otherwise indicates,
shall have the follo wing meanings:
ENGR. H. A. to ENGR. S. B. NO. 408 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. "Accredited dental college" means an institution whose
dental educational program is accredited by the Commission on Dental
Accreditation of the American Dental Association;
2. "Accredited dental hygiene program" means a dental hygiene
educational program which is accredited by the Commission on Dental
Accreditation of the American Dental Association;
3. "Accredited dental assisting program" means a dental
assisting program which is accredited by the Commission on Dental
Accreditation of the American Dental Association;
4. "Board" means the Board of Dentistry;
5. "Certified dental assistant" means a dental assistant who
has earned and maintains current certified dental assistant
certification from the Dental Assisting National Board (D ANB);
6. "Coronal polishing" means a procedure limited to the removal
of plaque and stain from exposed tooth surfaces, utilizing a slow
speed hand piece with a prophy/polishing cup or brush and polishing
agent and is not prophylaxis. To be considered pro phylaxis,
examination for calculus and scaling must be done by a hygienist or
dentist;
7. "Deep sedation" means a drug -induced depression of
consciousness during which patients cannot be easily aroused but
respond purposefully following repeated or painfu l stimulation. The
ability to independently maintain ventilator function may be
impaired. Patients may require assistance in maintaining a patent
ENGR. H. A. to ENGR. S. B. NO. 408 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
airway, and spontaneous ventilation may be inadequate.
Cardiovascular function is usually maintained;
8. "Dentistry" means the practice of dentistry in all of its
branches;
9. "Dentist" means a graduate of an accredited dental college
who has been issued a license by the Board to practice dentistry as
defined in Section 328.19 of this title;
10. "Dental ambulatory surgical center (DASC)" means a facility
that operates exclusively for the purpose of furnishing outpatient
surgical services to patients. A DASC shall have the same
privileges and requirements as a dental office and additionally must
be an accredited facility by the appropriate entity;
11. "Dental office" means an establishment owned and operated
by a dentist for the practice of dentistry, which may be composed of
reception rooms, business offices, private offices, laboratories,
and dental operating rooms where dental operations are performed;
12. "Dental hygienist" means an individual who has fulfilled
the educational requirements and is a graduate of an accredited
dental hygiene program and who has passed an examination and has
been issued a license by the Board and who is authorized to practice
dental hygiene as hereinafter defined;
13. "Dental assistant or oral maxillofacial surgery assistant"
means an individual working for a dentist, under the dentist's
direct supervision or direct visual su pervision, and performing
ENGR. H. A. to ENGR. S. B. NO. 408 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
duties in the dental office or a treatment facility, including the
limited treatment of patients in accordance with the provisions of
the State Dental Act. A dental assistant or oral maxillofacial
surgery assistant may assist a d entist with the patient; provided,
this shall be done only under the direct supervision or direct
visual supervision and control of the dentist and only in accordance
with the educational requirements and rules promulgated by the
Board;
14. "Dental laboratory" means a location, whether in a dental
office or not, where a dentist or a dental laboratory technician
performs dental laboratory technology;
15. "Dental laboratory technician" means an individual whose
name is duly filed in the official records of the Board, which
authorizes the technician, upon the laboratory prescription of a
dentist, to perform dental laboratory technology, which services
must be rendered only to the prescribing dentist and not to the
public;
16. "Dental laboratory technology" m eans using materials and
mechanical devices for the construction, reproduction or repair of
dental restorations, appliances or other devices to be worn in a
human mouth;
17. "Dental specialty" means a specialized practice of a branch
of dentistry, recogni zed by the Board, where the dental college and
specialty program are accredited by the Commission on Dental
ENGR. H. A. to ENGR. S. B. NO. 408 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Accreditation (CODA), or a dental specialty recognized by the Board,
requiring a minimum number of hours of approved education and
training and/or recognition by a nationally recognized association
or accreditation board;
18. "Direct supervision" means the supervisory dentist is in
the dental office or treatment facility and, during the appointment,
personally examines the patient, diagnoses any cond itions to be
treated, and authorizes the procedures to be performed by a dental
hygienist, dental assistant, or oral maxillofacial surgery
assistant. The supervising dentist is continuously on -site and
physically present in the dental office or treatment facility while
the procedures are being performed and, before dismissal of the
patient, evaluates the results of the dental treatment;
19. "Direct visual supervision" means the supervisory dentist
has direct ongoing visual oversight which shall be maintai ned at all
times during any procedure authorized to be performed by a dental
assistant or an oral maxillofacial surgery assistant;
20. "Fellowship" means a program designed for post -residency
graduates to gain knowledge and experience in a specialized fie ld;
21. "General anesthesia" means a drug -induced loss of
consciousness during which patients are not arousable, even by
painful stimulation. The ability to independently maintain
ventilator function is often impaired. Patients often require
assistance in maintaining a patent airway, and positive pressure
ENGR. H. A. to ENGR. S. B. NO. 408 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ventilation may be required because of depressed spontaneous
ventilation or drug-induced depression of neuromuscular function.
Cardiovascular function may be impaired;
22. "General supervision" means the supervisory dentist has
diagnosed any conditions to be treated within the past thirteen (13)
months, has personally authorized the procedures to be performed by
a dental hygienist, and will evaluate the results of the dental
treatment within a reasonab le time as determined by the nature of
the procedures performed, the needs of the patient, and the
professional judgment of the supervisory dentist. General
supervision may only be used to supervise a hygienist and may not be
used to supervise an oral max illofacial surgery assistant or dental
assistant;
23. "Indirect supervision" means the supervisory dentist is in
the dental office or treatment facility and has personally diagnosed
any conditions to be treated, authorizes the procedures to be
performed by a dental hygienist, remains in the dental office or
treatment facility while the procedures are being performed, and
will evaluate the results of the dental treatment within a
reasonable time as determined by the nature of the procedures
performed, the needs of the patient, and the professional judgment
of the supervisory dentist. Indirect supervision may not be used
for an oral maxillofacial surgery assistant or a dental assistant;
ENGR. H. A. to ENGR. S. B. NO. 408 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
24. "Investigations" means an investigation proceeding,
authorized under Sections 328.15A and 328.43a of this title, to
investigate alleged violations of the State Dental Act or the rules
of the Board;
25. "Laboratory prescription" means a written description,
dated and signed by a dentist, of dental laboratory technology to be
performed by a dental laboratory technician;
26. "Minimal sedation" means a minimally depressed level of
consciousness, produced by a pharmacological method, that retains
the patient's ability to independently and continuously maintain an
airway and respond normally to tactile stimulation and verbal
command. Although cognitive function and coordination may be
modestly impaired, ventilator and cardiovascular functions are
unaffected;
27. "Mobile dental anesthesia provider" means a licensed and
anesthesia-permitted dentist, physician or certified registered
nurse anesthetist (CRNA) that has a mobile dental unit and provides
anesthesia in dental offices and facilities in the state;
28. "Mobile dental clinic" means a permitted motor vehicle or
trailer utilized as a dental clinic, and/or that contains dental
equipment and is used to provide dental services to patients on -site
and shall not include a mobile dental anesthesia provider. A mobile
dental clinic shall also mean and include a volunteer mobile de ntal
facility that is directly affiliated with a church or religious
ENGR. H. A. to ENGR. S. B. NO. 408 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
organization as defined by Section 501(c)(3) or 501(d) of the United
States Internal Revenue Code, the church or religious organization
with which it is affiliated is clearly indicated on the exterior of
the mobile dental facility, and such facility does not receive any
form of payment either directly or indirectly for work provided to
patients other than donations through the affiliated church or
religious organization; provided, that the volunteer mobile dental
facility shall be exempt from any registration fee required under
the State Dental Act;
29. "Moderate sedation" means a drug -induced depression of
consciousness during which patients respond purposefully to verbal
commands, either alone or accompanied by light tactile stimulation.
No interventions are required to maintain a patent airway, and
spontaneous ventilation is adequate. Cardiovascular function is
usually maintained;
30. "Prophylaxis" means the removal of any and all cal careous
deposits, stains, accretions or concretions from the supragingival
and subgingival surfaces of human teeth, utilizing instrumentation
by scaler or periodontal curette on the crown and root surfaces of
human teeth including rotary or power -driven instruments. This
procedure may only be performed by a dentist or dental hygienist;
31. "Patient" or "patient of record" means an individual who
has given a medical history and has been examined and accepted by a
dentist for dental care;
ENGR. H. A. to ENGR. S. B. NO. 408 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
32. "Residencies" are programs designed for advanced clinical
and didactic training in general dentistry or other specialties or
other specialists at the post -doctoral level recognized by the
Commission on Dental Accreditation (CODA) or the Board;
33. "Supervision" means direct supervision, direct visual
supervision, indirect supervision or general supervision; and
34. "Teledentistry" means the remote delivery of dental patient
care via telecommunications and other technology for the exchange of
clinical information and i mages for dental consultation, preliminary
treatment planning and patient monitoring; and
35. "Treatment facility" means:
a. a federal, tribal, state or local public health
facility,
b. a federal qualified health care facility Federally
Qualified Health Center (FQHC),
c. a private health facility,
d. a group home or residential care facility serving the
elderly, handicapped or juveniles,
e. a hospital or dental ambulatory surgery center (DASC),
f. a nursing home,
g. a penal institution operated by or unde r contract with
the federal or state government,
h. a public or private school,
i. a patient of record's private residence,
ENGR. H. A. to ENGR. S. B. NO. 408 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
j. a mobile dental clinic,
k. a dental college, dental program, dental hygiene
program or dental assisting program accredited by the
Commission on Dental Accreditation, or
l. such other places as are authorized by the Board.
SECTION 2. AMENDATORY 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), 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.
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 e ighteen (18) years of
age, or over, if the applicant is to practice dental hygiene;
3. Has passed a written theoretical examination and a clinical
examination approved by the Board; and
4. Has passed a written jurisprudence examination over 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
ENGR. H. A. to ENGR. S. B. NO. 408 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
this state shall be accompanied by satisfactory proof that the
applicant:
1. Is a graduate of an accredited dental college, if the
applicant is to practice dentistry;
2. Is a graduate of an accredited dental hygiene program, if
the applicant is to practice dental hygiene; and
3. Has passed all portions of the National Board Dental
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 exams including,
but not limited to from the Commission on Dental Competency
Assessments (CDCA), the Western Regional Examination Examining Board
(WREB), or the Central Regional Dental Testing Service (CRDTS) or
another regional exam that includes if the following requirements
are included:
a. for
1. For dental licensing the following components:
(1)
a. a fixed prosthetic component of the preparation of an
anterior all porcelain crown and the preparation of a
three-unit posterior bridge,
(2)
b. a periodontal component on a live patient,
(3)
ENGR. H. A. to ENGR. S. B. NO. 408 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
c. an endodontic component,
(4)
d. an anterior class III and posterior class II
restorative component on a live patient,
(5)
e. a diagnosis and treatment planning section as approved
by the Board, as specified in Section 328.15 of this
title, and
(6)
f. the Board may determine equivalencies based on
components of other exams for the purpose of
credentialing,; or
b. for
2. For dental hygienists licensing the following components:
(1)
a. clinical patient treatments with an evaluation of
specific clinical skills as well as, and
b. evaluation of the candidate's compliance with
professional standards during the treatment as
approved by the Board in Section 325.15 328.15 of this
title and shall include:
(a)
(1) extra/intra oral assessment,
(b)
ENGR. H. A. to ENGR. S. B. NO. 408 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(2) periodontal probing, and
(c)
(3) scaling/subgingival calculus rem oval and
supragingival deposit removal.
E. When the applicant and the accompanying proof are found
satisfactory, the Board shall notify the applicant to appear for the
jurisprudence examination at the time and place to be fixed by the
Board. A dental stu dent or a dental hygiene student in their last
semester of a dental or dental hygiene program, 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 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 identified and
attested, and any other information as required by the Board.
G. Any applicant who fails 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. Any applicant who fails to pass the clinical examination as
described in paragraph 4 of subsection C of this section may be
ENGR. H. A. to ENGR. S. B. NO. 408 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 further re -
examination, the Board may require evidence of add itional 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 through 3 of
subsections B and C of this section may apply for a license by
credentials upon meeting the 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 substantially 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 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;
ENGR. H. A. to ENGR. S. B. NO. 408 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 as set forth in paragraph 4
of subsection C 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.
J. I. There shall be two types 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; and
2. Administration of local anesthesia.
K. J. All licensees and permit holders shall display their
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 examination 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 have the authority through a
resolution to change or make allowances in requirements of all
candidates for licensure and issue temporary lic enses for extended
ENGR. H. A. to ENGR. S. B. NO. 408 Page 17 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
periods of time or as needed until the event passes. The resolution
shall have a beginning and an end date and shall automatically
expire no less than thirty (30) days after the end of the disaster
is declared by governmental officials.
SECTION 3. AMENDATORY 59 O.S. 2011, Section 328.23, as
last amended by Section 5, Chapter 397, O.S.L. 2019 (59 O.S. Supp.
2020, Section 328.23), is amended to read as follows:
Section 328.23 A. The President of the Board, upon
verification that a person meets the requirements provided for in
this section and any other requirements provided for in the State
Dental Act, may issue an emergency temporary license to practice
dentistry for thirty (30) days. A temporary license may be extended
but shall not exceed ninety (90) days or the next available
regularly scheduled Board meeting.
B. The President of the Board, upon verification that a person
meets the requirements provided for in the State Dental Act, may
issue an emergency tem porary license to practice dental hygiene,
which shall expire as of the date of the next dental hygiene
clinical examination in Oklahoma, as required by the Board.
C. An active duty military spouse residing with the active duty
member having met the requi rements for licensure shall be eligible
for a temporary license.
D. Any applicant requesting an emergency temporary license
shall submit a letter explaining the exigent circumstances along
ENGR. H. A. to ENGR. S. B. NO. 408 Page 18 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
with all application materials. The determination of whether or n ot
to grant the emergency temporary license based upon the exigent
circumstances shall be at the sole discretion of the President or
acting President of the Board.
E. A holder of a temporary license to practice dentistry or
dental hygiene shall have the s ame rights and privileges and be
governed by the State Dental Act and the rules of the Board in the
same manner as a holder of a permanent license to practice dentistry
and dental hygiene.
F. The President of the Board may authorize patient treatment
and care to by individuals taking the Commission on Dental
Competency Assessments (CDCA) or the Western Regional Examining
Board Exam exam, or other regional exams as approved by the Board,
in order for such individuals to complete criteria related to Board
examinations and. The Board may authorize specialty examinations to
be given throughout the year as needed.
SECTION 4. 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 special volunteer
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 operations ,
ENGR. H. A. to ENGR. S. B. NO. 408 Page 19 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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, or state health department in the
state 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. The special volunteer license shall be:
1. Issued by the Board of Dentistry to eligible persons;
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 or dental hygiene
license application, including documentation of the dentist’s dental
or dental hygiene school graduation and practice history;
2. Documentation that the dentist or dental hygienist has been
previously issued a f ull and unrestricted license 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 hygienist is licensed in
ENGR. H. A. to ENGR. S. B. NO. 408 Page 20 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 documentation that the dentist's or
dental hygienist's practice under the special volunteer license will
be exclusively and totally d evoted to providing dental care to needy
and indigent persons in Oklahoma this state;
4. Acknowledgement and documentation 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 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 jur isdiction over
dentists, dental hygienists, dental assistants , and dental
technicians who volunteer their professional services in the state.
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 initiative who are not dentists or dental
hygienists shall be named and provided on a list to the Board by the
ENGR. H. A. to ENGR. S. B. NO. 408 Page 21 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
entity hosting the volunteer initiative with any other requirements
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 licensure
exemption. Any person working under a volunteer dental assistant
permit shall not receive payment or compensation for any services
rendered under the volunteer dental assistant permit. Volunte er
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 the provisions
specified in Section 328.1 et seq. of this title or rules
promulgated by the Board. On ly 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 provide d 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 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
ENGR. H. A. to ENGR. S. B. NO. 408 Page 22 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
specific not-for-profit treatment provider group as approved by the
Board.
SECTION 5. AMENDATORY 59 O.S. 2011, Secti on 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 read as follows:
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 maxillofacial surgery
assistant permit must have a supervising oral maxillofacial surgeon
with a current Oklahoma license and complete the req uirements set
forth by the Board.
C. The application shall be made to the Board in writing and
shall be accompanied by the fee established by the Board, together
with the satisfactory proof that the applicant:
1. Passes a background check with criteria e stablished by the
Board; and
2. Has completed all of the training requirements for the oral
maxillofacial surgery assistant permit as established by the Board.
D. An oral maxillofacial surgery assistant permit shall be
considered a temporary training per mit until all of the training
requirements, as established by the Board for each oral
maxillofacial surgery assistant, have been completed and approved by
the Board.
ENGR. H. A. to ENGR. S. B. NO. 408 Page 23 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E. A temporary training permit for each oral maxillofacial
surgery assistant shall not be extended beyond two (2) years.
F. All oral maxillofacial surgery assistants are required to be
under direct supervision or direct visual supervision at all times
by a licensed oral maxillofacial surgeon.
G. If an oral maxillofacial surgery assistant is not currently
employed by an oral maxillofacial surgeon, the oral maxillofacial
surgery assistant permit shall automatically revert to a dental
assistant permit as set forth in Section 328.24 of this title and
may be eligible for an expanded function assis ting a dentist who
holds a parenteral or pediatric anesthesia permit; provided, only
the dentist may administer anesthesia and assess the patient’s level
of sedation. The oral maxillofacial surgery assistant permit may be
reinstated upon employment under a licensed oral maxillofacial
surgeon.
H. Any oral maxillofacial surgeon shall notify the Board within
thirty (30) days of an oral maxillofacial surgery assistant no
longer under his or her supervision.
I. An applicant for an oral maxillofacial surgery a ssistant
permit shall provide satisfactory proof of:
1. Successful completion of the Dental Anesthesia Assistant
National Certification Examination (DAANCE) provided by the American
Association of Oral Maxillofacial Surgeons (AAOMS) or another
program or examination as approved by the Board;
ENGR. H. A. to ENGR. S. B. NO. 408 Page 24 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. A valid BLS certification;
3. Employment and completion of a minimum of six (6) months of
training under the direct supervision of a licensed oral
maxillofacial surgeon prior to starting DAANCE or another program or
examination as approved by the Board;
4. A Completion of a standardized course approved by the Board
including a minimum of four (4) hours of didactic training that must
include anatomy, intravenous access or phlebotomy, technique, risks
and complications, and hands-on experience starting and maintaining
intravenous lines on a human or 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 permit to practice as an oral
maxillofacial surgery assistant within a dental office, surgery
center, dental ambulatory surgery center 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 requirem ent
shall include at least one (1) hour on infection control.
L. The Anesthesia Committee provided pursuant to Section 328.17
of this title may make a recommendation to the Board for an oral
ENGR. H. A. to ENGR. S. B. NO. 408 Page 25 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
maxillofacial surgery assistant holding a temporary training per mit
to substitute training received from another 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 substit ute for the
requirements to attain an oral maxillofacial surgery assistant
permit.
M. An oral maxillofacial surgery assistant may only accept
delegation from an oral and maxillofacial surgeon:
1. Under direct supervision:
a. initiate and discontinue an i ntravenous line for a
patient being prepared to receive intravenous
medications, sedation or general anesthesia, or
b. draw up and prepare medications; and
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 actively
treating the patient. For the purposes of this
section, "administer" means to have the sole
responsibility for anesthesia care, including
determining medicines t o be used and the dosage,
timing, route of delivery and administration of
medication and the assessment of the level of
ENGR. H. A. to ENGR. S. B. NO. 408 Page 26 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 the level of sedation or general
anesthesia and monitor the results of such care,
b. follow instructions of the oral surgeon to adjust the
rate of intravenous fluids to maintain or keep the
line patent or open an d adjust an electronic device to
provide medications such as an infusion pump, and
c. assist the oral surgeon by reading, recording vital
signs of a patient receiving deep sedation or general
anesthesia; provided, only an oral surgeon may assess
the level of sedation.; and
3. N. Only an oral surgeon shall be responsible to diagnose,
treat, monitor, determine and administer the selection of the drug,
dosage, and timing of all anesthetic medications , and care of the
patient through the perioperative period s hall rest solely with the
supervising oral and maxillofacial surgeon.
4. O. Nothing in this act the State Dental Act shall be
construed as to allow an oral surgery assistant or dental assistant
to administer anesthesia care to a patient.
SECTION 6. AMENDATORY 59 O.S. 2011, Section 328.26, as
last amended by Section 4, Chapter 302, O.S.L. 2017 (59 O.S. Supp.
2020, Section 328.26), is amended to read as follows:
ENGR. H. A. to ENGR. S. B. NO. 408 Page 27 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Section 328.26 A. The Board of Dentistry may, without
examination, issue a dental student intern, resident or fellowship
permit to a student or graduate of an approved dental school or
college, or a residency program approved by the Commission on Dental
Accreditation (CODA). Upon meeting the qualifications and upon
approval of the dean or the governing body of any public or private
institution any person may request a dental student intern, resident
or fellow permit to be issued from the Board, with limited duties as
defined in the permit. A fellowship permit may only be g iven to a
person currently participating in a fellowship program affiliated
with an accredited dental school.
B. A dental student intern, resident or fellowship permit shall
not be issued to any person whose license to practice dentistry in
this state or in another state has been suspended or revoked, or to
whom a license to practice dentistry has been refused.
C. A dental student intern, resident or fellowship permit shall
not authorize the holder to open an office for the private practice
of dentistry, or to receive compensation for the practice of
dentistry, except a salary paid by the federal government or this
state, or their subdivisions, or the public or private institution
where the holder of the dental student intern, resident or
fellowship permit will be employed.
ENGR. H. A. to ENGR. S. B. NO. 408 Page 28 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. A dental student intern with a valid dental student intern
permit may work under the direct supervision of a licensed dentist
for compensation upon meeting the following criteria:
1. The dental student intern shall notify the Board of the
supervising dentist;
2. A dental student intern, having finished the first year of
dental school, may assist in all duties of a dental assistant
pursuant to the administrative rules of the Board; and
3. A dental student intern, having finished the second year of
dental school, may assist in all duties permitted in paragraph 2 of
this subsection, radiation safety, coronal polishing and sealants.
E. A dental student intern, resident or fellowship permit shall
automatically expire when the permit hol der is no longer
participating in the program offered by the college of dentistry,
the accredited dental college or the institution.
F. The issuance of a dental student intern, resident or
fellowship permit by the Board shall in no way be considered a
guarantee or predetermination of any person to receive a full
license issued by the Board.
G. Dental student intern or resident or fellowship permits may
be renewed annually at the request of the dean of the college or
program director of the program approve d by CODA and at the
discretion of the Board.
ENGR. H. A. to ENGR. S. B. NO. 408 Page 29 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
H. Residents and Fellows with a valid permit may supervise
student dental clinics under the authority of the Dean or Associate
Dean of the University of Oklahoma College of Dentistry.
I. Students currently en rolled at the University of Oklahoma
College of Dentistry or an accredited dental hygiene or dental
assisting program shall be exempted from Sections 328.19 and 328.21
of this title while participating in an educational program located
at the University of Oklahoma College of Dentistry or the clinic of
an accredited dental hygiene or dental assisting program. A
licensed dentist, hygienist or faculty license holder shall be
physically present in the facility whenever students of dentistry,
dental hygiene or dental assisting are performing a clinical dental
procedure on patients.
SECTION 7. 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
subject to the penalties as set forth in Section 328.44 328.44a of
this title.
ENGR. H. A. to ENGR. S. B. NO. 408 Page 30 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. Each licensed dentist shall maintain written records on each
patient that shall contain, at a minimum, the following i nformation
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 p athology
or diseases;
3. Treatment plan proposed by the dentist; and
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 hygie nist license
number;. The patient record shall include documentation of any
medications prescribed, administered or dispensed to the patient.
5. C. Whenever patient records are released or transferred, the
dentist releasing or transferring the records sh all 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. D. All claims being submitted for insurance must be signed,
stamped or have an electronic signature by the treating dentist.
C. E. Patient records may be kept in an electronic data format,
provided that the dentist maintains a backup copy of information
stored in the data processing system using disk, tape or other
ENGR. H. A. to ENGR. S. B. NO. 408 Page 31 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
electronic back-up system and that backup 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 demand.
D. F. All patient records shall be mainta ined for seven (7)
years from the date of treatment.
E. G. 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 used in lieu of an appointment book for
a period of no less than seven (7) years from the date of each entry
thereon.
SECTION 8. 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 penalties specified
in Section 328.44a of this title may be imposed by order of the
Board of Dentistry or be the basis for denyin g 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 turpitude, any crime in
which an individual would be required to be a registered sex
offender under Oklahoma law, any violent crime, Medicaid fraud,
ENGR. H. A. to ENGR. S. B. NO. 408 Page 32 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 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 required;
6. Authorizing or aiding a dental hygieni st 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 prohibited
by the State Dental Act or the rules of the B oard;
8. Failing to pay fees as required by the State Dental Act or
the rules of the Board;
9. Failing to complete continuing education requirements;
10. Representing himself or herself to the public as a
specialist in a dental specialty without holding a dental specialty
license therefor;
ENGR. H. A. to ENGR. S. B. NO. 408 Page 33 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
11. Representing himself or herself to the public as a
specialist whose practice is limited to a dental specialty, when
such representation is false, fraudulent, or misleading;
12. Endangering the health of patients by reason of having a
highly communicable disease and continuing to practice dentistry
without taking appropriate safeguards;
13. Practicing dentistry in an unsafe or unsanitary 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 condition
represents a threat to patient care or treatment;
16. Being incompetent to practice dentistry while delivering
care to a patient;
17. Committing gross negligence in the practice of dentistry;
18. Committing repeated acts of negligence in the practice of
dentistry;
19. Offering to effect or effecting a division of fees, or
agreeing to split or divide a fee for dental services with any
person, in exchange for the person bringing or referring a patient;
20. Being involuntarily committed to an institution for
treatment for substance abuse, unt il recovery or remission;
ENGR. H. A. to ENGR. S. B. NO. 408 Page 34 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
21. Using or attempting to use the services of a dental
laboratory or dental laboratory technician without issuing a
laboratory prescription, except as provided in subsection C of
Section 328.36 of this title;
22. Aiding, abetting, or encouraging a dental hygienist
employed by the dentist to make use of an oral prophylaxis list, or
the calling by telephone or by use of letters transmitted through
the mails mail to solicit patronage from patients 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 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 State Dental Act and the rules of the Board;
26. Authorizing or aiding a dental hygienist, dental assistant,
oral maxillofacial surgery assistant, dental laboratory technician,
or holder of a permit to operate a dental laboratory to violate any
provision of the State Dental Act or the rules of the Board;
27. Willfully disclosing information protected by the Health
Information Portability and Accountability Act, P.L. 104 -191;
ENGR. H. A. to ENGR. S. B. NO. 408 Page 35 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
28. Writing a false, unnecessary, or excessive prescription 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 Oklahoma Statutes;
29. Prescribing or adm inistering any drug or treatment without
having established a valid dentist -patient relationship;
30. Using or administering nitrous oxide gas in a dental office
in an inappropriate or unauthorized manner;
31. Engaging in nonconsensual physical contact w ith 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 displaying, at the dentist’s
primary place of practice, the license issued to the dent ist 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, 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 three (3) seven (7) years, except that the
ENGR. H. A. to ENGR. S. B. NO. 408 Page 36 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 remove d by another, without the consent 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, to direct, control, or
interfere with the dentist’s clinical judgment. Clinical judgment
shall include, but not be limited to, such matters as selection of a
course of treatment, control of patient records, policies and
decisions relating to pricing, credit, refunds, warranties and
advertising, and decisions relating to office personnel and hours of
practice. Nothing in this paragraph shall be construed to:
a. limit a patient’s right of informed consent, or
b. prohibit insurers, preferred provider organizations
and managed care plans from operating pursuant to the
applicable provisions of the Oklahoma Insurance Code
and the Public Health Code;
37. Violating the state dental act of another state resulting
in a plea of guilty or nolo contendere, conviction or suspension or
revocation or other sanction by another state board, of the license
of the dentist under the laws of that state;
ENGR. H. A. to ENGR. S. B. NO. 408 Page 37 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
38. Violating or attempting 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 violent crime
or any crime for which the penalty includes the requirement of
registration as a sex offender in Oklahoma 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 investigation 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
substances including prescribing laws pursuant to Section 2 -309D of
Title 63 of the Oklahoma Statutes.
B. The provisions of the State De ntal Act shall not be
construed to prohibit any dentist from displaying or otherwise
advertising that the dentist is also currently licensed, registered,
certified, or otherwise credentialed pursuant to the laws of this
state or a nationally recognized cre dentialing board, if authorized
ENGR. H. A. to ENGR. S. B. NO. 408 Page 38 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
by the laws of the state or credentialing board to display or
otherwise advertise as a licensed, registered, certified, or
credentialed dentist.
SECTION 9. AMENDATORY 59 O.S. 2011, Section 328.33, a s
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 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 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 have the power to act upon a petition
by a dental hygienist for reinstatement to good standing. The Board
shall keep a record of the evidence and proceedings in all matters
involving the revocation or suspension of a license or reprimand or
probation of a dental hygienist. The Board shall make findings of
fact and a decision thereon. The Board shall immediately forward a
certified copy of the decision to the dental hygienist involved by
ENGR. H. A. to ENGR. S. B. NO. 408 Page 39 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
registered mail to the last -known business address of the dental
hygienist.
C. 1. The decision shall be final unless the dental hygienist
appeals the decision as provided by the State Dental Act.
2. If an appeal is not timely taken, the decision shall be
carried out by striking the name of the dental hygienist from the
rolls, or suspending the dental hygienist for the period mentioned
in issuing a reprimand, or otherwise acting as required by the
decision.
D. The Board shall have power to revoke or suspend the license,
reprimand, or place on probation a dental hygienist for a violation
of one or more of the following:
1. Pleading guilty or nolo con tendere to, or being convicted
of, a felony, a misdemeanor involving moral turpitude , or a
violation of federal or state controlled dangerous substances laws;
2. Presenting to the Board a false diploma, license or
certificate, or one obtained by fraud or illegal means;
3. Being, by reason of persistent inebriety or addiction to
drugs, incompetent to continue the practice of dental hygiene;
4. Has been guilty of dishonorable or unprofessional conduct;
5. Failure to pay registration fees as provided by th e State
Dental Act;
6. Is a menace to the public health by reason of communicable
disease;
ENGR. H. A. to ENGR. S. B. NO. 408 Page 40 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
7. Being shown to be mentally incapacitated or has been
admitted to a mental institution, either public or private, and
until the dental hygienist has been proven to be mentally competent;
8. 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 committed 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. Claiming the use of any secret or patented methods or
treatments with materials not approved by the Food and Drug
Administration;
14. Making statements or advertising as having the ability to
diagnose or prescribe for any treatment;
15. Performing any services in the mouth other than those
authorized by the Board of Dentistry pursuant to authority conferred
by the State Dental Act;
16. Attempting 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;
ENGR. H. A. to ENGR. S. B. NO. 408 Page 41 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
17. Attempting to use in any manner whatsoever any oral
prophylaxis list, call list, records, reprints or copies of same or
information gathered therefrom, or the names of patients whom he or
she has formerly treated when serving as an employe e in the office
of a dentist for whom he or she was formerly employed;
18. Failing 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 copies of
same, or information gathered therefrom, of the names of patients
whom such dental hygienist might have served in the office of a
prior employer, unless such names appear upon the bona fide call or
oral prophylaxis list of the present employer of the dental
hygienist and were caused to so appear through the legitimate
practice of dentistry, as provided for in the State Dental Act;
14. 20. Violating the state d ental act of another state
resulting in a plea of guilty or nolo contendere, conviction, or
suspension or revocation of the license of the dental hygienist
under the laws of that state;
15. 21. Violating or attempting to violate the provisions of
the State Dental Act or the rules of the Board, as a principal,
accessory or accomplice;
ENGR. H. A. to ENGR. S. B. NO. 408 Page 42 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 328.44a of this titl e; or
17. 23. Any violation that would otherwise be a violation for a
dentist under Section 328.32 of this title.
E. A dental hygienist may advertise that he or she is
practicing in the office of the supervising dentist in which he or
she is employed.
SECTION 10. 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 laboratory to perform or provide dental
laboratory technology . Except as provided in subsection 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 prescription for each patient for whom a work product is
prescribed.
B. Laboratory prescriptions issued 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. Such
forms shall be provided by the Board of Dentistry or do wnloaded from
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 received from a
ENGR. H. A. to ENGR. S. B. NO. 408 Page 43 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
prescribing dentist and produce the documen t 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 prescribing dentist shall retain
the duplicate copy of each laborato ry 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 laboratory prescription.
C. The patient’s name or the iden tification 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 other device i n 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 c ompletion, the prescribed work product
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 number of the laboratory prescription
accompanying the invoice .
D. At a minimum, prescriptions shall contain the following
information:
1. The name and address of the dental laboratory;
ENGR. H. A. to ENGR. S. B. NO. 408 Page 44 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. The patient’s name and/or identifying number. In the event
such identifying number is used, the name of the patient shall be
written on a copy of the prescription 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 all 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 readily 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 the shading or matching shades of a prosthetic
device being prepared for the dentist to deliver to the patient.
The dentist must maintain a copy of the prescription written for the
laboratory.
ENGR. H. A. to ENGR. S. B. NO. 408 Page 45 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 11. 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 other lic ensee or permit holders
previously licensed 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 application with
information as may be required by the B oard, 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 hygienist, 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 expire 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.
B. Continuing education requirements shall be due at the end of
each three-year period ending in 2019 as follows:
ENGR. H. A. to ENGR. S. B. NO. 408 Page 46 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Beginning July 1, 2019 , through June 30, 2021 , continuing
education requirements shall be due at the end of each two -year
period as follows:
a. dentists.
2. Continuing education requirements for a dentis t 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 classes, 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 c ontinuing
education per eighteen (18) hours taught,
(2) a scientific-based medical treatment and patient
care class approved by the Board,
(3) any health-related program sponsored by the
Veterans Administration or Armed Forces provided
at a government faci lity,
ENGR. H. A. to ENGR. S. B. NO. 408 Page 47 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(4) formal meetings by national or state professional
organizations for dental providers, or
university-sponsored professional alumni clinical
meetings approved by the Board,
(5) organized study clubs,
(6) uncompensated volunteer work at an event app roved
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) hour s to be completed
online. Interactive classes or webinar classes may,
at the discretion of the Board, count as in -person.
4. Oral maxillofacial surgery assistants shall complete eight
(8) hours, including one (1) hour of infection control.
d. dental
ENGR. H. A. to ENGR. S. B. NO. 408 Page 48 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
5. Dental assistants shall have complete two (2) hours of
infection control, and
e. any.
6. Any newly licensed dentist shall complete a two -hour opioid
and scheduled drug prescribing class within one (1) year of
obtaining licensure;
2. Any newly licensed de ntist 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 shall
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 twenty (20) hours,
c. OMS assistants shall complete 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 annual
renewal fee within two (2) months after January 1, 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
ENGR. H. A. to ENGR. S. B. NO. 408 Page 49 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
assistant, or oral maxillofacial surgery assistant as reflected in
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 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 after 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.
E. The Board, by rule, shall provide for the remittance of fees
otherwise required by th e State Dental Act while a dentist or dental
hygienist is on active duty with any of the Armed Forces of the
United States.
F. In case of a lost or destroyed license or renewal
certificate and upon satisfactory proof of the loss or destruction
ENGR. H. A. to ENGR. S. B. NO. 408 Page 50 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
thereof, the Board may issue a duplicate, charging therefor a fee
established by the rules of the Board.
G. A dentist, dental hygienist, oral maxillofacial surgery
assistant or dental assistant that is in good standing and not under
investigation that notifies the B oard in writing of a voluntary
nonrenewal of license or requests retirement status shall have a
right to renew or reinstate his or her license within five (5) years
from the date of notice. The Board may require any training or
continuing education requir ements to be 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 12. AMENDATORY 59 O.S. 2011, Section 328.48, is
amended to read as follows:
Section 328.48 It shall be the duty o f the Board 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 oath by the
president and secretary-treasurer Executive Director of the Board to
the Governor of this state and may be sent electronically .
ENGR. H. A. to ENGR. S. B. NO. 408 Page 51 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 13. AMENDATORY Section 13, Chapter 270, O.S.L.
2012 (59 O.S. Supp. 2020, Section 328.54), is amended to read as
follows:
Section 328.54 A. Any person conducting a diagnosis for the
purpose of prescribing medication or treatment or any other action
determined to be a dental practice as defined by the State Dental
Act, via the Internet or other telecommunications device on an y
patient that is physically located in this state shall hold a valid
Oklahoma state dental license.
B. A dentist holding a valid dental license in Oklahoma may
consult, diagnose and treat a patient of record via synchronous or
asynchronous telecommunicat ion between the patient and dentist. The
dentist must record all activities relating to teledentistry in the
patient record and must have an office location in Oklahoma
available for follow -up treatment and maintenance of records.
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 328.57 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. Upon the declaration by governmental officials of a health
pandemic or a state or federal disaster or emergency, dentists and
dental hygienists and dental assistants working under the
supervision of a dentist or physician, acting in good faith, shall
be considered to be acting within the scope of their profession when
providing all needed care during such a declared local, state or
ENGR. H. A. to ENGR. S. B. NO. 408 Page 52 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
national emergency, and shall be allowed to perform services
requested of them.
B. Dentists are authorized to administer vaccinations. All
dentists shall comply with Centers for Disease Control an d
Prevention or State Department of Health documentation if required.
C. Dental hygienists are authorized to administer vaccinations
while working under the general supervision of a physician as
defined by subsection C of Section 725.2 of Title 59 of the Oklahoma
Statutes.
SECTION 15. REPEALER 59 O.S. 2011, Section 328.29, is
hereby repealed.
SECTION 16. 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 17. This act shall become effective November 1, 2021. "
ENGR. H. A. to ENGR. S. B. NO. 408 Page 53 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Passed the House of Representatives the 22nd day of April, 2021.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2021.
Presiding Officer of the Senate
ENGR. S. B. NO. 408 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED SENATE
BILL NO. 408 By: Garvin of the Senate
and
Miller of the House
An Act relating to the practice of dentistry;
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), whi ch
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 patient
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
328.41), which relates to continuing education
requirements; modifying requirements; amending 59
O.S. 2011, Section 328.48, which relates to annual
statements of receipts and expenditures; updating
ENGR. S. B. NO. 408 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
term; providing for certain ele ctronic 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), wh ich relates to
dentistry; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 18. AMENDATORY 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), 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.
B. Application shall be made to the B oard 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 dental hygiene;
3. Has passed a written theoretical examination and a clinical
examination approved by the Board; and
4. Has passed a written jurisprudence exam ination over the
rules and laws affecting dentistry in this state.
ENGR. S. B. NO. 408 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 satisfactory proof that the
applicant:
1. Is a graduate of an accredited dental college, if the
applicant is to practice dentistry;
2. Is a graduate of an accredited dental hygiene program, if
the applicant is to practice dental hygiene; and
3. Has passed all portions of the Natio nal Board Dental
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 exams including,
but not limited to, the Western Regional Examinatio n 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,
(4) an anterior class III and posterior class II
restorative component on a live patient,
ENGR. S. B. NO. 408 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(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 treatments with an evaluation of
specific clinical skills as well as the
candidate’s compliance with professional
standards during the treatment as approved by t he
Board in Section 325.15 of this title and shall
include:
(a) extra/intra oral assessment,
(b) periodontal probing, and
(c) scaling/subgingival calculus removal and
supragingival deposit removal.
E. When the applicant and the accompanying proof are foun d
satisfactory, the Board shall notify 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
semester of a dental or dental hygiene program, hav ing met all other
requirements, may make application and take the jurisprudence
ENGR. S. B. NO. 408 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 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 identifie d and
attested, and any other information 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 the
statutes or rules of the State Dental Act.
H. Any applicant who fails to pass the clinical examination as
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 o nly to the succeeding examinations. If
the applicant fails to pass a second examination, before further re -
examination, the Board may require evidence 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 through 3 of
subsections B and C of this section may apply for a license by
credentials upon meeting the follo wing:
ENGR. S. B. NO. 408 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 substantially equ ivalent 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 licensure
by credentials. Applicants for credentialing must include:
a. a letter of good standing from all s tates ever
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 as set fo rth in paragraph 4
of subsection C 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 WREB, CDCA or CRDTS exam.
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:
ENGR. S. B. NO. 408 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Administration of nitrous oxide; and
2. Administration of local anesthesia.
K. All licensees and permit holders shall display their current
permit or license in a visible place within the dental office or
treatment facility.
SECTION 19. AMENDATORY 59 O.S. 2011, Section 328.23a, as
amended by Section 10, Chapter 229, O.S.L. 2015 (59 O.S. Supp. 202 0,
Section 328.23a), is amended to read as follows:
Section 328.23a. A. There is established a special volunteer
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 operations ,
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, county , or state health department in the state
and wish to donate their expertise for the dental care and treatment
of indigent and needy persons of the state. The special v olunteer
license shall be:
1. Issued by the Board of Dentistry to eligible persons;
2. Issued without the payment of an application fee, license
fee or renewal fee;
ENGR. S. B. NO. 408 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Issued or renewed without any continuing education
requirements for a period less tha n 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 or dental hygiene
license application, including documentation of the dentist’s dental
or dental hygiene school graduation and practice history;
2. Documentation that the dentist or dental hygienist has been
previously issued a full and unrestricted license to pra ctice
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 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 hygien ist 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
be exclusively and totally devoted to providing dental care to needy
and indigent persons in Oklahoma this state;
ENGR. S. B. NO. 408 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
4. Acknowledgement and documentation 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 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 hyg ienists, dental assistants , and dental
technicians who volunteer their professional services in the state.
Dental assistants and dental technicians shall work under the direct
supervision of a dentist.
D. Dental assistants may be issued a volunteer permi t at the
request of an entity that provides dental services to the needy.
Volunteers in a volunteer initiative 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 requirements
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 ent ity for granting licensure
exemption. Any person working under a volunteer dental assistant
permit shall not receive payment or compensation for any services
rendered under the volunteer dental assistant permit. Volunteer
ENGR. S. B. NO. 408 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
dental assistant permits shall b e limited to specific dates and
locations of services to be provided.
E. All persons providing care shall 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 la w 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 participate according to state
laws or administrative rules.
I. A special volunteer license shall be restr icted 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 20. AMENDATORY 59 O.S. 2011, Section 328.25, as
last amended by Secti on 11, Chapter 363, O.S.L. 2019 (59 O.S. Supp.
2020, Section 328.25), is amended to read as follows:
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.
ENGR. S. B. NO. 408 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. Any person seeking to obtain an oral maxillofacial 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 the fee established by the Board, together
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 requirements for the oral
maxillofacial surgery assistant permit as established by the Board.
D. An oral maxillofacial surgery assistant permit shall be
considered a temporary training permit until all of the training
requirements, as established by the Board for each oral
maxillofacial surgery assistant, have 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) years.
F. All oral maxillofacial surgery assistants are required to be
under direct supervision or direct visual supervision at all times
by a licensed oral maxillofacial surgeon.
G. If an oral maxillofacial surgery assistant is not currently
employed by an oral maxillofacial surgeon, the oral maxillofacial
surgery assistant permit shall automatically revert to a dental
ENGR. S. B. NO. 408 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 anesthesia and assess the patient’s level
of sedation. The oral maxillofacial surgery assistant permit may be
reinstated upon employment under a licensed oral maxillofacial
surgeon.
H. Any oral maxillofacial surgeon shall notify the Board within
thirty (30) days of an oral maxillofacial surgery assistant no
longer under his or her supervision.
I. An applicant for an oral maxillofacial surgery assistant
permit shall provide sati sfactory proof of:
1. Successful completion of the Dental Anesthesia Assistant
National Certification Examination (DAANCE) provided by the American
Association of Oral Maxillofacial Surgeons (AAOMS) or another
program or examination as approved by the Boa rd;
2. A valid BLS certification;
3. Employment and completion of a minimum of six (6) months of
training under the direct supervision of a licensed oral
maxillofacial surgeon prior to starting DAANCE or another program or
examination as approved by the Board;
4. A standardized course approved by the Board including a
minimum of four (4) hours of didactic training that must include
anatomy, intravenous access or phlebotomy, technique, risks and
ENGR. S. B. NO. 408 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
complications, and hands -on experience starting and maintain ing
intravenous lines on a human or 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 permit to pr actice as an oral
maxillofacial surgery assistant within a dental office, surgery
center, dental ambulatory surgery center or hospital.
K. Oral maxillofacial surgery assistants shall be required to
complete twelve (12) eight (8) hours of continuing educat ion 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 infecti on control.
L. The anesthesia committee provided pursuant to Section 328.17
of this title may make a recommendation to the Board for an oral
maxillofacial surgery assistant holding a temporary training permit
to substitute training received from another s tate 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
requirements to attain an oral maxillo facial surgery assistant
permit.
ENGR. S. B. NO. 408 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
M. An oral maxillofacial surgery assistant 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 prepared to re ceive 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 actively
treating the patient. For the purposes 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 delivery an d 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 the level of sedation or general
anesthesia and monitor the results of such care,
b. follow instructions of the oral surgeon to adjust the
rate of intravenous fluids to maintain or keep the
ENGR. S. B. NO. 408 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
line patent or open and adjust an electronic device to
provide medications s uch as an infusion pump, and
c. assist the oral surgeon by reading, recording vital
signs of a patient receiving deep sedation or general
anesthesia; provided, only an oral surgeon may assess
the level of sedation; and
3. Only an oral surgeon shall be res ponsible to diagnose,
treat, monitor, determine and administer the selection of the drug,
dosage, and timing of all anesthetic medications and care of the
patient through the perioperative period shall rest solely with the
supervising oral and maxillofacia l surgeon.
4. Nothing in this act the State Dental Act shall be construed
as to allow an oral surgery assistant or dental assistant to
administer anesthesia care to a patient.
SECTION 21. 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
subject to the penalties as set forth in Section 328.44 of this
title.
ENGR. S. B. NO. 408 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 clinic al 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 r ecords 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 submitted for insurance must be signed,
stamped or have an electronic signature by the treating dentist.
C. Patient records may be kept in an electronic data format,
provided that the dentist maintains a backup copy of inform ation
stored in the data processing system using disk, tape or other
ENGR. S. B. NO. 408 Page 17 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
electronic back-up system and that backup 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 capab le of
producing a hard copy on demand.
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, calenda r,
book, file or computer data used in lieu of an appointment book for
a period of no less than seven (7) years from the date of each entry
thereon.
SECTION 22. 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 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. Pleading guilty or nolo contendere to, or being convicted
of, a felony, a misdemeanor involving moral turpitude, an y crime in
which an individual would be required to be a registered sex
offender under Oklahoma law, any violent crime, Medicaid fraud,
ENGR. S. B. NO. 408 Page 18 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 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 required;
6. Authorizing or aiding a dental hygienist to perform any
procedure prohibited by the State Dental Act or the rules of the
Board;
7. Authorizing or aiding a dental assistant or oral
maxillofacial surgery assistant to pe rform any procedure prohibited
by the State Dental Act or the rules of the Board;
8. Failing to pay fees as required by the State Dental Act or
the rules of the Board;
9. Failing to complete continuing education requirements;
10. Representing himself or herself to the public as a
specialist in a dental specialty without holding a dental specialty
license therefor;
ENGR. S. B. NO. 408 Page 19 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
11. Representing himself or herself to the public as a
specialist whose practice is limited to a dental specialty, when
such representation i s 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 unsanitary m anner 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 gr ossly immoral and that such condition
represents a threat to patient care or treatment;
16. Being incompetent to practice dentistry while delivering
care to a patient;
17. Committing gross negligence in the practice of dentistry;
18. Committing repeated acts of negligence in the practice of
dentistry;
19. Offering to effect or effecting a division of fees, or
agreeing to split or divide a fee for dental services with any
person, in exchange for the person bringing or referring a patient;
20. Being involuntarily committed to an institution for
treatment for substance abuse, until recovery or remission;
ENGR. S. B. NO. 408 Page 20 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
21. Using or attempting to use the services of a dental
laboratory or dental laboratory technician without issuing a
laboratory prescription, except as p rovided in subsection C of
Section 328.36 of this title;
22. Aiding, abetting, or encouraging a dental hygienist
employed by the dentist to make use of an oral prophylaxis list, or
the calling by telephone or by use of letters transmitted through
the mails to solicit patronage from patients formerly served in the
office of any dentist formerly employing such hygienist;
23. Having more than the equivalent of 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 issued by the Board;
25. Knowingly patronizing or using the services of a dental
laboratory or dental labo ratory technician who has not complied with
the provisions of the State Dental Act and the rules of the Board;
26. Authorizing or aiding a dental hygienist, dental assistant,
oral maxillofacial surgery assistant, dental laboratory technician,
or holder of a permit to operate a dental laboratory to violate any
provision of the State Dental Act or the rules of the Board;
27. Willfully disclosing information protected by the Health
Information Portability and Accountability Act, P.L. 104 -191;
ENGR. S. B. NO. 408 Page 21 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
28. Writing a false, unnecessary, or excessive prescription 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 Oklahoma Statutes;
29. Prescribing or administering any drug or treatment without
having established a valid dentist -patient relationship;
30. Using or administering nitrous oxide 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 displaying, at the dentist’s
primary place of practice, the license issued to the dentist by the
Board to practice dentistry and the current renewal certificate;
33. Being dishonest in a material way with a patient;
34. Failing to retain all patient records for at leas t 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 re moved by another,
without the consent of the dentist;
35. Failing to retain the dentist’s copy of any laboratory
prescription for at least three (3) seven years, except that the
ENGR. S. B. NO. 408 Page 22 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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;
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, to direct, control, or
interfere with the dentist’s clinical judgment. Clinical judgment
shall include, but not be limited to, such matters as selection of a
course of treatment, control of patient records, policies and
decisions relating to pricing, credit, refunds, warranties and
advertising, and decisions relating to office personnel and hours of
practice. Nothing in this paragraph shall be construed to:
a. limit a patient’s right of informed consent, or
b. prohibit insurers, preferred provider organizations
and managed care plans from operating pursuant to the
applicable provisions of the Oklahoma Insurance Code
and the Public Health Code;
37. Violating the state dental act of another state resulting
in a plea of guilty or nolo contendere, conviction or suspension or
revocation or other sanction by another state board, of the license
of the dentist under the laws of that state;
ENGR. S. B. NO. 408 Page 23 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
38. Violating or attempting 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 violent crime
or any crime for which the penalty includes the requirement of
registration as a sex offend er in Oklahoma 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 investigation 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
substances including prescribing 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 dentist from displaying or otherwise
advertising that the dentist is also currently licensed, registered,
certified, or otherwise credentiale d pursuant to the laws of this
state or a nationally recognized credentialing board, if authorized
ENGR. S. B. NO. 408 Page 24 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
by the laws of the state or credentialing board to display or
otherwise advertise as a licensed, registered, certified, or
credentialed dentist.
SECTION 23. 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 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 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 have the powe r to act upon a petition
by a dental hygienist for reinstatement to good standing. The Board
shall keep a record of the evidence and proceedings in all matters
involving the revocation or suspension of a license or reprimand or
probation of a dental hygie nist. The Board shall make findings of
fact and a decision thereon. The Board shall immediately forward a
certified copy of the decision to the dental hygienist involved by
ENGR. S. B. NO. 408 Page 25 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
registered mail to the last -known business address of the dental
hygienist.
C. 1. The decision shall be final unless the dental hygienist
appeals the decision as provided by the State Dental Act.
2. If an appeal is not timely taken, the decision shall be
carried out by striking the name of the dental hygienist from the
rolls, or suspending the dental hygienist for the period mentioned
in issuing a reprimand, or otherwise acting as required by the
decision.
D. The Board shall have power to revoke or suspend the license,
reprimand, or place on probation a dental hygienist for a violat ion
of one or more of the following:
1. Pleading guilty or nolo contendere to, or being convicted
of, a felony, a misdemeanor involving moral turpitude , or a
violation of federal or state controlled dangerous substances laws;
2. Presenting to the Board a false diploma, license or
certificate, or one obtained by fraud or illegal means;
3. Being, by reason of persistent inebriety or addiction to
drugs, incompetent to continue the practice of dental hygiene;
4. Has been guilty of dishonorable or unprofessi onal conduct;
5. Failure to pay registration fees as provided by the State
Dental Act;
6. Is a menace to the public health by reason of communicable
disease;
ENGR. S. B. NO. 408 Page 26 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
7. Being shown to be mentally incapacitated or has been
admitted to a mental institution, eithe r public or private, and
until the dental hygienist has been proven to be mentally 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 committed 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 ot her 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 diagnose
or prescribe for any treatment;
15. Perform any services in the mouth other than those
authorized by the Board of Dentistry pursuant to authority conferred
by the State Dental Act;
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;
ENGR. S. B. NO. 408 Page 27 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 whom he or
she has formerly treated when serving as an employee in the office
of a dentist for whom he or she was formerly employed;
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 copies of
same, or information gathered therefrom, of the names of patients
whom such dental hygienist might have served in the office of a
prior employer, unless such names appear upon the bona fide call or
oral prophylaxis list of the present employer of the dental
hygienist and were caused to so appear through the legitimate
practice of dentistry, as provided for in the Sta te 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;
15. 21. Violating or attempting to violate the provisions of
the State Dental Act or the rules of the Board, as a principal,
accessory or accomplice;
ENGR. S. B. NO. 408 Page 28 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 328.44a of this title; or
17. 23. Any violation that would otherwise be a violation for a
dentist under Section 328.32 of this title.
E. A dental hygienist may advertise that he or she is
practicing in the office of the supervisi ng dentist in which he or
she is employed.
SECTION 24. 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 laboratory to p erform or provide dental
laboratory technology. Except as provided in subsection 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 prescription for each patient for whom a work product is
prescribed.
B. Laboratory prescriptions issued 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. Such
forms shall be provided by the Board of Dentistry or downloaded from
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 received from a
ENGR. S. B. NO. 408 Page 29 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 prescribing dentist sh all retain
the duplicate copy of each 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 laboratory pr escription.
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 m odel,
restoration, appliance or other 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 product
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 number of the la boratory prescription
accompanying the invoice.
D. At a minimum, prescriptions shall contain the following
information:
1. The name and address of the dental laboratory;
ENGR. S. B. NO. 408 Page 30 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. The patient’s name and/or identifying number. In the event
such identifying num ber is used, the name of the patient shall be
written on a copy of the prescription 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 all 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 readily availabl e 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 the shading o r matching shades of a prosthetic
device being prepared for the dentist to deliver to the patient.
The dentist must maintain a copy of the prescription written for the
lab.
ENGR. S. B. NO. 408 Page 31 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 25. 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 other licensee or permit
holders previously licensed 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 application 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 hygienist, 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 expire on Decemb er 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.
B. Continuing education re quirements shall be due at the end of
each three-year period ending in 2019 as follows:
ENGR. S. B. NO. 408 Page 32 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Beginning July 1, 2019 , through June 30, 2021 , continuing
education requirements shall be due 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 schedule d
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,
(3) any health-related program sponsored by the
Veterans Administration or Armed Forc es provided
at a government facility,
ENGR. S. B. NO. 408 Page 33 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(4) formal meetings by national or state professional
organizations for dental providers, or university
sponsored professional 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 or webinar classes may,
at the discretion of the Board, count as in -person.
4. Oral maxillofacial surgery assistants shall complete eight
(8) hours, including one (1) hour of i nfection control.
d. dental
ENGR. S. B. NO. 408 Page 34 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 class 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 shall
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 twenty (20) hours,
c. OMS assistants shall complete eight (8) hours, and
d. dental assistants shal l 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 annual
renewal fee within two (2) months after January 1, the Board shall
notify the dentist, d ental 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
ENGR. S. B. NO. 408 Page 35 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
assistant, or oral maxillofacial surgery assistant as reflected in
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 refusal to
secure the renewal certificate may be reinstated by t he 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 maxillofac ial surgery assistant
does not apply for renewal of the license or permit and pay the
required fees within one (1) year after the license has expired,
then the dentist, dental hygienist, dental assistant , or oral
maxillofacial surgery assistant shall be re quired 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.
E. 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.
F. In case of a lost or destroyed license or renewal
certificate and upon satisfactory proof of the loss or destruction
ENGR. S. B. NO. 408 Page 36 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
thereof, the Board may issue a duplicate, charging therefor a fee
established by the rules of the Board.
G. A dentist, dental hygienist, oral maxillofacial surgery
assistant or dental assistant that is in good standing and not under
investigation that notifies the Board in writing of a voluntary
nonrenewal of license or requests retirement status shall have a
right to renew or reinstate his or her license within five (5) years
from the date of notice. The Board may require any training or
continuing education requirements to be 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 26. AMENDATORY 59 O.S. 2011, Section 328.48, is
amended to read as follows:
Section 328.48. It shall be the duty of the Board 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 oath by the
president and secretary-treasurer Executive Director of the Board to
the Governor of this state and may be sent electronically .
ENGR. S. B. NO. 408 Page 37 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 27. REPEALER 59 O.S. 2011, Section 328.29, is
hereby repealed.
SECTION 28. 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 29. This act shall become effective November 1, 2021.
Passed the Senate the 2nd day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives