An Act
ENROLLED SENATE
BILL NO. 408 By: Garvin of the Senate
and
Miller, West (Josh) and
Virgin of the House
An Act relating to the practice of dentistry;
amending 59 O.S. 2011, Sectio n 328.3, as last amended
by Section 1, Chapter 397, O.S.L. 2019 (59 O.S. Supp.
2020, Section 328.3), which relates to definitions;
defining term; amending 59 O. S. 2011, Section 328.21,
as last amended by Section 3, Chapter 397, O.S.L.
2019 (59 O.S. Supp. 2 020, Section 328.21), which
relates to application for lice nse; broadening
accepted examinations; striking provision related to
failure of clinical examination; providing for
temporary modification of examination and licensure
requirements in certain circu mstances; amending 59
O.S. 2011, Section 328.22, as last am ended by Section
4, Chapter 397, O.S.L. 2019 (59 O.S. Supp. 2020,
Section 328.22), which relates to s pecialist license;
modifying qualifications of specialty education
program; modifying requirements for spe cialty
license; specifying certain certif ying board
recognition entity; adding certain special ties;
amending 59 O.S. 2011, Section 328.23, as last
amended by Section 5, Chapter 3 97, O.S.L. 2019 (59
O.S. Supp. 2020, Section 328.23) , which relates to
emergency temporary licenses for dentistry or dental
hygiene; adding certain examination that may qualify
certain persons for temporary licensure; 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; a mending 59 O.S. 2011,
Section 328.25, as last amended by Sec tion 11,
Chapter 363, O.S.L. 2019 (59 O.S. Supp. 2020, Section
ENR. S. B. NO. 408 Page 2
328.25), which relates to oral maxillofacial surgery
assistant permits; modifying certain co ntinuing
education requirements; updating statutory reference;
amending 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) , which relates to
dental student intern, resident or fellowshi p
permits; allowing certain Residents and Fellows to
supervise clinics under certain authority; 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. 2 020, 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 Sec tion 5,
Chapter 113, O.S.L. 2016 (59 O.S. Supp. 2020, Sectio n
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 relat es to continuing education
requirements; modifying requirements; amending 59
O.S. 2011, Section 328.4 8, which relates to annual
statements of receipts and expenditures; updating
term; providing for certain electronic transmission;
amending Section 13, Chapter 270, O.S.L. 2012 (59
O.S. Supp. 2020, Section 328.54), which relates to
dental practice; allowing certain dentists to
practice teledentistry; providing for the practice of
dentistry during pandemics, disasters and
emergencies; authorizing dentists and dental
hygienists to administer vaccinati ons; repealing 59
O.S. 2011, Section 328.29, which relates t o unlawful
practices for dental hygienists; repealing 59 O.S.
2011, Section 328.41, as last amended by Section 4,
ENR. S. B. NO. 408 Page 3
Chapter 428, O.S.L. 2019 (59 O.S. Supp. 2 020, Section
328.41), which relates to de ntistry; providing for
codification; and declaring an emergency.
SUBJECT: Dentistry
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 otherwis e indicates,
shall have the following meanings:
1. "Accredited dental college " means an institution whose
dental educational pro gram is accredited by th e Commission on Dental
Accreditation of the American Dental Association;
2. "Accredited dental hygie ne program" means a dental hygiene
educational program which is accredited by the Commission on Dental
Accreditation of the America n 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,
ENR. S. B. NO. 408 Page 4
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 assista nce in maintaining a patent
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 denta l 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 fur nishing 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 op erated
by a dentist for the practice of dentistry, which may be composed of
reception rooms, business offices, priva te 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 pa ssed 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 ora l maxillofacial surgery assistant "
means an individual working for a dentist, under the de ntist's
direct supervision or direct visual su pervision, and performing
duties in the dental office or a treatment facility , including the
limited treatment of patien ts 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,
ENR. S. B. NO. 408 Page 5
this shall be done only under the direct supervision or direc t
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 laborator y technician
performs dental laboratory technology;
15. "Dental laboratory technician " means an individual whos e
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 t he
public;
16. "Dental laboratory technology " means using materials and
mechanical devices for the construction, reproduction or repair of
dental restorations, applian ces 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 Commissio n on Dental
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 supervisor y 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 max illofacial 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 den tal treatment;
19. "Direct visual supervision " means the supervisory dentist
has direct ongoing visual oversight which shall be maintai ned at all
ENR. S. B. NO. 408 Page 6
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 a re not arousable, even b y
painful stimulation. The ability to independently maintain
ventilator function is often impaired. Patients often require
assistance in maintaining a patent airway, and positive pressure
ventilation may be required because of dep ressed spontaneous
ventilation or drug-induced depression of neuromuscular function.
Cardiovascular funct ion 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 evaluat e 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 t he
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 ar e being performed, and
will evaluate the results of the dental treatment within a
reasonable time as det ermined by the nature of the procedures
performed, the needs of the patient, and the professional judgment
of the supervisory dentist. Indirect supervi sion may not be used
for an oral maxillofacial surgery assistant or a dental assistant;
24. "Investigations" means an investigation proceeding,
authorized under Sections 328.15A and 328.43a of this title, to
investigate alleged violations of the State Den tal Act or the rules
of the Board;
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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 depre ssed 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 coor dination 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 mob ile dental unit and prov ides
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 s ervices 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
organization as defined by Section 501(c)(3) or 501 (d) of the United
States Internal Revenue Code, the church or religious org anization
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 i ndirectly for work provided to
patients other than donations through the af filiated 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
ENR. S. B. NO. 408 Page 8
and subgingival surfa ces of human teeth, util izing instrumentation
by scaler or periodontal curette on the crown and r oot 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 examin ed and accepted by a
dentist for dental care;
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 servin g the
elderly, handicapped or juveniles,
e. a hospital or dental ambulatory surgery cent er (DASC),
f. a nursing home,
g. a penal institution operated by or unde r contract with
the federal or state government,
ENR. S. B. NO. 408 Page 9
h. a public or private school,
i. a patient of record's private residence,
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 proo f 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 b y 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 secu re a
license from the Board to practice dentistry or dental hygiene in
this state shall be accompanied by satisfactory proof that the
applicant:
ENR. S. B. NO. 408 Page 10
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 pract ice 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 titl e, the Board may
affiliate as a member state, and accept regional ex ams 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 Testi ng 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)
c. an endodontic component,
(4)
d. an anterior class III and posterior class II
restorative component on a live patient,
(5)
ENR. S. B. NO. 408 Page 11
e. a diagnosis and trea tment planning section as approved
by the Board, as specif ied 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 licen sing the following compone nts:
(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 Secti on 325.15 328.15 of this
title and shall include:
(a)
(1) extra/intra oral assessment,
(b)
(2) periodontal probing, and
(c)
(3) scaling/subgingival calculus rem oval and
supragingival deposit removal.
E. When the applicant and the accompanying proof are fo und
satisfactory, the Boar d shall notify the applicant to appear for the
jurisprudence examination at the 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, h aving met all other
ENR. S. B. NO. 408 Page 12
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 identif ied 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
given credit for such subjects as the Board may allow, but such
credits shall be extended only to the succeeding ex aminations. 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 examina tion.
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 fol lowing:
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 e quivalent 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) yea rs 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:
ENR. S. B. NO. 408 Page 13
a. a letter of good standing from all states in which the
applicant has ever been licensed, and
b. any other requirements as set forth by the rules;
3. An applicant applying for a dental or dental hygiene license
by credentials shall only be required to pass the jurisprudence
portion of the examination requirements a s set forth in paragraph 4
of subsection 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 type s of advanced procedure available
for dental hygienists upon completion of a CODA 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 examinatio n due to availability or changes in the
examination format, not to exceed one (1) year.
L. During a year in which governmental officials h ave declared
a health pandemic, a state or federal disaster, or other natural or
man-made disaster, the Board shall h ave the authority through a
resolution to change or make allowances in requirements of all
candidates for licensure and issue temporary lic enses for extended
periods of time or as needed until the event passes. The 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.
ENR. S. B. NO. 408 Page 14
SECTION 3. AMENDATORY 59 O.S. 2011, Section 328.22, as
last amended by Section 4, Chapter 397, O.S.L. 2019 (59 O.S. Supp.
2020, Section 328.22), is amended to read as follows:
Section 328.22. A. 1. The Board of Dentistry may issue a
dental specialty license authorizing a dentist to represe nt himself
or herself to the public as a specialist, and to practice as a
specialist, in a dental specialty.
2. No dentist shall represent himself or herself to the public
as a specialist, nor or practice as a specialist as listed in this
paragraph, unless the individual:
a. has successfully completed an advanced dental
specialty educational program recognized by the Board
and accredited by the Commission on Dental
Accreditation, or has met the Board Certification
requirements of a dental specialty recognized by the
Board, requiring a minimum number of hou rs of approved
education and training and recognition by the
Commission on Dental Accreditation National Commission
on Recognition of Dental Special ties and Certifying
Boards,
b. has passed the jurispruden ce examination covering t he
State Dental Act, rule s and state laws, and
c. has completed any additional requirements set forth in
state law or rules and has been issued a dental
specialty license by the Board.
3. Specialties Specialty licenses recognized by the Board shall
include:
a. dental public health,
b. endodontics,
c. oral and maxillofacial surgery,
d. oral and maxillofacial radiology,
ENR. S. B. NO. 408 Page 15
e. orthodontics and dentofacial orthopedics,
f. pediatric dentistry,
g. periodontics,
h. prosthodontics, and
i. oral and maxillofacial pathology,
j. dental anesthesiology,
k. oral medicine, and
l. orofacial pain.
B. 1. At the time of applicat ion, if the dentist has ever been
licensed in any other state, he or she shall provide a letter of
good standing from such stat e before the Board may issue a spec ialty
license.
2. In conducting an investigation of an applicant who has
applied for a dental specialty license pursuant to this subsection,
the Board shall require of the applicant disclosure of the same
background information as is required of an appli cant for a license
to practice dentistry in this state.
C. Any person holding an Oklahoma spec ialty license that does
not have an Oklahoma general dentistry license shall be limited to
practicing that specialty for which they hold a license.
D. The Board may use the American Dental Association National
Commission on Recognition of Dental Special ties and Certifying
Boards guidelines or the guidelines of another nationally rec ognized
dental association or board for the purp ose of defining a specialty
practice area not otherwise defined herein.
SECTION 4. 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:
ENR. S. B. NO. 408 Page 16
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 S tate Dental Act, may
issue an emergency temporary 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 requirements 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
with all application materials. The determination of whether or not
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 practic e dentistry or
dental hygiene shall have the same 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 indiv iduals to complete criteria related to Board
examinations and. The Board may authorize specialty examinations to
be given throughout the year as needed.
SECTION 5. 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:
ENR. S. B. NO. 408 Page 17
Section 328.23a. A. There is established a special volunteer
license for dentists and a special volunteer license for dental
hygienists who are retired fr om 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, 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 eligib le 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 d entist or dental hygienist has been
previously issued a full 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
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;
ENR. S. B. NO. 408 Page 18
3. Acknowledgement and documentation that the dentist 's or
dental hygienist's practice under the s pecial volunteer license will
be exclusively and totally devoted 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 expecta tion to receive any
payment or compensation, either direct or indirect, for any dental
services rendered under the special volunteer license; and
5. A listing of all locations and dates that the person will be
completing volunteer work under the special volunteer license.
C. The Board of Dentistry shall have jurisdiction over
dentists, dental hygienists, dental 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
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. Volunteer
dental assistant permits shall be limited to specific dates and
locations of services to be provided.
E. All persons providing care shall do so under the provisions
specified in Section 328 .1 et seq. of this title or rules
promulgated by the Board. Only those functions authorized by law or
administrative rule shall be performed by the named person approved
by the Board.
ENR. S. B. NO. 408 Page 19
F. Volunteers shall not use sedation or general anesthesia
during volunteer procedures.
G. Volunteers shall use a form to be provided by the Board for
any patient with clear instructions for any and all follow -up care.
H. At any time, the Board shall revoke a volunteer license
based on documentation of failure to partic ipate according to state
laws or administrative rules.
I. A special volunteer license shall be restricted to services
provided at the locations listed on the application or for a
specific not-for-profit treatment provider group as approved by the
Board.
SECTION 6. AMENDATORY 59 O.S. 2011, Section 328.25, as
last amended by Section 11, Chapter 363, O.S.L. 2019 (59 O.S. Supp.
2020, Section 328.25), is amended to 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 max illofacial 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 maxillof acial surgery assistant permit shall be
considered a temporary training permit until all of the training
requirements, as established by the Board for each oral
ENR. S. B. NO. 408 Page 20
maxillofacial surgery assistant, have been completed and approved by
the Board.
E. A temporary training permit for each oral maxill ofacial
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 S ection 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 m axillofacial surgery assistant permit ma y 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 satisfactory proof of:
1. Successful completion of the Dental Anesthesia Assistant
National Certification Examination (DAANCE) provided by the A merican
Association of Oral Maxillofacial S urgeons (AAOMS) or another
program or examination as approved by the Board;
2. A valid BLS certification;
3. Employment and completion of a minimum of six (6) months of
training under the 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 mus t
ENR. S. B. NO. 408 Page 21
include anatomy, intravenous access or phleb otomy, technique, risks
and complications, and hands-on experience starting and maintaining
intravenous lines on a human or simulator/manikin, and pharmacology;
and
5. Completion of an infection -control course as approved by the
Board.
J. An oral maxillofaci al 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 a ssistants 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 Associatio n CERP program or another
program approved by the Boa rd. The continuing education requirem ent
shall include at least one (1) hour on infection control.
L. The anesthesia committee Anesthesia Committee provided
pursuant to Section 328.17 of this title ma y make a recommendation
to the Board for an oral maxillofacial surg ery 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 surg ery center or hospital while
working under the authority of a licen sed physician, to qualify as a
partial substitute 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:
ENR. S. B. NO. 408 Page 22
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 anes thesia 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
anesthesia and monitoring the physiological results of
such care; provided, only an oral s urgeon 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 vit al
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 7. 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:
Section 328.26. A. The Board of Dentistry may, without
examination, issue a dental student intern, resident or fellowship
ENR. S. B. NO. 408 Page 23
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). U pon 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 denta l student intern, resident or
fellowship permit will be employed.
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 d uties 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, coron al 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 ins titution.
ENR. S. B. NO. 408 Page 24
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 resi dent or fellowship permits may
be renewed annually at the request of the dean of the col lege or
program director of the program approve d by CODA and at the
discretion of the Board.
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 e ducational 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 wh enever students of dentistry,
dental hygiene or dental assisting are performing a clinical dental
procedure on patients.
SECTION 8. 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 a t 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.
B. Each licensed dentist shall maintain written records on each
patient that shall contain, at a minimum, the following i nformation
about the patient:
ENR. S. B. NO. 408 Page 25
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. T he 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, administer ed 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 record s indicating to whom the records were released
or transferred.; and
6. D. All claims being submit ted 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 processi ng system using disk, tape or other
electronic back-up system and that backup is updated on a regular
basis, at least weekly, to assure that data is not los t due to
system failure. Any electronic data system shall be capable of
producing a hard copy on de mand.
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 e ach entry
in his or her patient appointment book or such other log, calendar,
book, file or computer d ata used in lieu of an appointment book for
a period of no less than seven (7) years from the date of each entry
thereon.
ENR. S. B. NO. 408 Page 26
SECTION 9. 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 constitut e 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,
insurance fraud, identity theft, embezzlem ent 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 prac tice
dentistry, to practice dental hygiene , or to perform a function for
which a permit from the Board is req uired;
6. Authorizing or aiding a 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 prohibi ted
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;
ENR. S. B. NO. 408 Page 27
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;
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 mis leading;
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 Administra tion (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 servi ces with any
person, in exchange for the person bringing or referring a patient;
20. Being involuntarily committed to an i nstitution for
treatment for substance abuse, unt il recovery or remission;
21. Using or attempting to use the services of a dental
laboratory or dental laboratory technician without issuing a
ENR. S. B. NO. 408 Page 28
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 o ral 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 equivale nt 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 h ygienist, 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 info rmation protected by the Health
Information Portability and Accountability Act, P.L. 104 -191;
28. Writing a false, unnecessary, or excessive prescription for
any drug or narcotic which is a controlled dangerous 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 dentis t-patient relationship;
30. Using or administering nitrous oxide gas in a dental office
in an inappropriate or unauthorized manner;
ENR. S. B. NO. 408 Page 29
31. Engaging in nonconsensual physical contact w ith a patient
which is sexual in nature, or engaging in a verbal communi cation
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 certific ate;
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 record s
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
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;
ENR. S. B. NO. 408 Page 30
37. Violating the state dental ac t 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;
38. Violating or attempting to violate the pr ovisions of the
State Dental Act or the rules of the Board, a state or federal
statute or rule relating to sched uled 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 investig ation or providing
false information, verbally or in writing, to the Board, the Board 's
investigator or an age nt 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 Okla homa Statutes.
B. The provisions of the State De ntal Act shall not be
construed to prohibit any dentist fr om displaying or otherwise
advertising that the dentist is also currently licensed, registered,
certified, or otherwise credentialed pursuant to the laws of this
state or a nationally recognized cre dentialing board, if authorized
by the laws of the state o r credentialing board to display or
otherwise advertise as a licensed, registered, certified, or
credentialed dentist.
SECTION 10. 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:
ENR. S. B. NO. 408 Page 31
Section 328.33. A. The following acts or occurrences by a
dental hygienist shall c onstitute grounds for which the penalties
specified in Section 328.44a of this title may be imposed by or der
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 pe tition
by a dental hygienist for reinstatement to good standing. The Board
shall keep a record of th e evidence and proceedings in all matters
involving the revocation or suspension of a license or reprimand or
probation of a dental hygienist. The Board s hall 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
registered mail to the last -known business address of the dental
hygienist.
C. 1. The decision sh all 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;
ENR. S. B. NO. 408 Page 32
2. Presenting to the Board a false diploma, li cense or
certificate, or one obtained by fraud or illegal means;
3. Being, by reason of persis tent 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;
7. Being shown to be mentally incapacitated or has been
admitted to a mental institution, either public or privat e, 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 p rivate, 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 author ized 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 prescrib e for any treatment;
ENR. S. B. NO. 408 Page 33
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;
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 serv ed in the office of a
prior employer, unless such names appear upon the bona fi de 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 th e 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 o f the Board, as a principal,
accessory or accomplice;
16. 22. Failing to comply with the terms and conditions of an
order imposing suspension of a license or placement on probati on
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.
ENR. S. B. NO. 408 Page 34
E. A dental hygienist may advertise that he or she is
practicing in the office of the supe rvising dentist in which he or
she is employed.
SECTION 11. 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
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 denti st 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 laborato ry prescription.
C. The patient's name or the identification number of the
laboratory prescription shall appear on all dental models and
correspond to all dental restorations, appliances or other devices
being constructed, reproduced or repaired. Any den tal 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 eviden ce 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
ENR. S. B. NO. 408 Page 35
laboratory to the prescribing dentist or the dental office of the
dentist with the name or number of t he laboratory prescription
accompanying the invoice .
D. At a minimum, prescriptions shall contain the following
information:
1. The name and address of the dental laboratory;
2. The patient's name and/or identifying number. In the event
such identifying number is used, the name of the 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 complet ed 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 ava ilable 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 shad ing 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.
ENR. S. B. NO. 408 Page 36
SECTION 12. AMENDATORY 59 O.S. 2011, Section 32 8.41, 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 appl ication 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 hygien ist, dental assistant, or oral
maxillofacial surgery assistant to continue the practice of
dentistry or dental hygiene, respectively, in this state for a
period of one (1) year. Every license or permit issued by the Board
shall begin on January 1 and expi re on December 31 of each year.
2. Beginning July 1 , 2017, resident and fellowship permits
shall be valid from July 1 through June 30 of each year and dental
student intern permits shall be valid from August 1 through July 31
of each year.
B. Continuing education requirements shall be due at the end of
each three-year period ending in 2019 as follows:
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.
C. 1. Continuing education requirements for a de ntist or
dental hygienist shall consist of:
a. a live, in-person cardiopulmonary resuscitation class
approved by the Board,
b. an ethics class approved by the Board,
ENR. S. B. NO. 408 Page 37
c. for a dentist, two (2) hours of opi oid and scheduled
drug prescribing classes, and
d. any combination of the following:
(1) completion of classes at a university, college or
technology center school accredited by the
Commission on Dental Accreditation (CODA) or
college courses related to de ntistry, which shall
count equal to credit hours received on a
transcript,
(2) teaching one or more classes at a school or
program accredited by CODA, for which the dentist
or dental hygienist shall receive credit for the
semester credit hours and one (1) hour of credit
per eighteen (18) hours of clinical instruction,
(3) publishing papers, presenting clin ics and
lecturing, for which the dentist or dental
hygienist shall receive six (6) credit hours for
each hour of the original present ation and hour-
for-hour credit for a subsequent presentation of
the same material. No more than fifty percent
(50%) of total required continuing education
hours may be fulfilled by activities described i n
this division,
(4) a scientific-based medical treatment and patient
care class approved by the Board,
(5) any health-related program sponsored by the
Veterans Administration or Armed Forces provided
at a government faci lity,
(6) formal meetings by national or state professional
organizations for dental providers, or
university-sponsored professional alumni clinical
meetings approved by the Board,
(7) organized study clubs,
ENR. S. B. NO. 408 Page 38
(8) 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
(9) practice-management-related courses not to exceed
four (4) hours for a dentist or two (2) hours for
a dental hygienist.
2. Full-time graduate study, internships, residencies and
dentists and dental hygienists engaged in a full -time program
accredited by CODA shall be exempt from continuing education for a
continuing education year per academic year completed.
3. New graduates of dental and hygiene programs shall not be
required to complete continuing education for the first year after
graduation. Continuing education requirements for de ntists and
dental hygienists who are new graduates shall begin July 1 of the
calendar year following the year of graduation. Hours shall be
prorated by year of new licensure.
D. 1. Dentists shall complete forty (40) hours, including a
one-time two-hour opioid and scheduled drug prescribing class ,
b. hygienists of continuing education with no more than
twenty (20) hours to be completed online. Hygienists
shall complete twenty (20) hours , of continuing
education with no more than ten (10) hour s to be
completed online. Interactive classes or webinar
classes may, at the discretion of the Board, count as
in-person.
c. oral
2. Oral maxillofacial surgery assistants shall complete eight
(8) hours, of continuing education including one (1) hour of
infection control.
d. dental
3. Dental assistants shall have complete two (2) hours of
infection control, and
ENR. S. B. NO. 408 Page 39
e. any.
4. 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) hou rs, and
d. dental assistants shall have two (2) hours of
infection control.
C. E. 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, t he Board shall
notify the dentist, dental hygienist, dental assistant, or oral
maxillofacial surgery assistant in writing by certified mail to the
last-known mailing address of the dentist, dental hygienist, dental
assistant, or oral maxillofacial surgery assistant as reflecte d in
the records of the Board.
D. F. 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
ENR. S. B. NO. 408 Page 40
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 as sistant 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. G. 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. H. In case of a lost or destroyed license or renewal
certificate and upon satisfactory proof of the loss or destruction
thereof, the Board may issue a duplicate, charging therefor a fee
established by the rules of the Board.
G. I. A dentist, dental hygienist, oral maxillofacial surgery
assistant or dental assistant t hat is in good standing and not under
investigation that notifies the Board in writing of a voluntary
nonrenewal of license or requests retirement status shall have a
right to renew or reinstate his or her license within five (5) years
from the date of not ice. The Board may require any training or
continuing education requi rements to be met prior to reinstatement.
H. J. 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. K. Any application for a license or permit that has remained
inactive for more than one (1) year shall be closed.
SECTION 13. 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
ENR. S. B. NO. 408 Page 41
president and secretary-treasurer Executive Director of the Board to
the Governor of this state and may be sent electronically .
SECTION 14. 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 dev ice on any
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 telecommunication 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 15. 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 follo ws:
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, sha ll
be considered to be acting within the scope of their profession whe n
providing all needed care during such a declared local, state or
national emergency, and shall be allowed to perform services
requested of them.
B. Dentists are authorized to administ er vaccinations. All
dentists shall comply with Centers for Disease C ontrol and
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 5 9 of the Oklahoma
Statutes.
ENR. S. B. NO. 408 Page 42
SECTION 16. REPEALER 59 O.S. 2011, Section 328.29, is
hereby repealed.
SECTION 17. REPEALER 59 O.S. 2011, Sectio n 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 18. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emergency i s hereby
declared to exist, by reason whereof this act shall take effe ct and
be in full force from and after its passage and approval.
ENR. S. B. NO. 408 Page 43
Passed the Senate the 19th day of May, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 25th day of May, 2021.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF ST ATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __