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SENATE FLOOR VERSION
February 14, 2024
AS AMENDED
SENATE BILL NO. 1383 By: Bergstrom of the Senate
and
West (Josh) of the House
[ diagnostic x-ray systems - Board of Dentistry - fee
schedule - effective date ]
BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 328.15, as
amended by Section 1, Chapter 158, O.S.L. 2022 (59 O.S. Supp. 2023,
Section 328.15), is amended to read as fol lows:
Section 328.15. A. Pursuant to and in compliance with Article
I of the Administrative Procedure s Act, the Board of Dentistry shall
have the power to formulate, ado pt, and promulgate rules as may be
necessary to regulate the practice of dentistry in this state and to
implement and enforce the provisions of the State Dental Act.
B. The Board is autho rized and empowered to:
1. Examine and test the qualifications of a pplicants for a
license or permit to be issued by the Board;
2. Affiliate by contract or cooperative agreement with another
state or combination of states for the purpose of conducting
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simultaneous regional examinations of applicants for a license to
practice dentistry, dental hygiene, o r a dental specialty;
3. Maintain a list of the name, current mailing address and
official address of all persons who hold a licens e or permit issued
by the Board;
4. Account for all receipts and expendit ures of the monies of
the Board including annually preparing and publishing a stateme nt of
receipts and expenditures of the Board for each fis cal year;
5. Within limits prescribed in the State Dental Act, set all
fees and administrative penalties to be i mposed and collected by the
Board;
6. Employ an Executive Director, legal counsel and other
advisors to the Board including advisory committee s;
7. Investigate and issue investigati ve and other subpoenas,
pursuant to Article II of the Administrative Pro cedures Act;
8. Initiate individual proceedings and issue orders imposing
administrative penalties, pursuant to Article II of the
Administrative Procedures Act, against any dentist, denta l
hygienist, dental assistant, oral maxillofacial surgery assistant,
dental laboratory technici an, or holder of a permit to operate a
dental laboratory wh o has violated the State Dental Act or the rules
of the Board;
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9. Conduct, in a uniform and reaso nable manner, inspections of
dental offices and dental laboratories and business records of
dental offices and dental laboratories;
10. Establish guidelines for cours es of study necessary for
dental assistants, oral maxillofacial surgery assistants and, when
appropriate, issue permits authorizi ng dental assistants to pe rform
expanded duties;
11. Establish continuing education requirements for dentists,
dental hygienists, dental assistants and oral maxillofacial surg ery
assistants who hold permits issued by the Board;
12. Recognize the paramete rs and standards of care e stablished
and approved by the American Dental Association;
13. Formulate, adopt, and promulgate rul es, pursuant to Article
I of the Administrative P rocedures Act, as may be necessary to
implement and enforce the provisions of th e Oklahoma Dental
Mediation Act and to enforce all state and federal laws pertaining
to the use of diagnostic x -ray systems or other sources o f radiation
used for treatment pur poses that occur in a dental office including,
but not limited to, the Diagnostic X-Ray Facility Act;
14. Seek and receive advice and a ssistance of the Office of the
Attorney General of this state;
15. Promote the dental health and the education of denta l
health of the people of t his state;
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16. Inform, educate, and advis e all persons who hold a l icense
or permit issued by the Board, or who are otherwise regulated by the
Board, regarding the Stat e Dental Act and the rules of the Board;
17. Affiliate with the American Association o f Dental Boards as
an active member, pa y regular dues, and send memb ers of the Board as
delegates to its meet ings;
18. Enter into contracts;
19. Acquire by purchase, lease, gift, solicitation of gift or
by any other manner, hol d, encumber, and dispose of personal
property as is needed, maintain, use and operate or contra ct for the
maintenance, use and operation of or lease of any and all property
of any kind, real, pers onal or mixed or any inter est therein unless
otherwise provided by the State Dental Act ; provided, all contracts
for real property shall be subject to the provisions of Section 63
of Title 74 of the Oklahoma Statutes;
20. Receive or accept the surrender of a license, permit, or
certificate granted to any person by the Board as provided in
Section 328.44b of this title; and
21. Take all other actions necess ary to implement and enforce
the State Dental Act.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -1503, is
amended to read as follows:
Section 1-1503. A. The Except as provided by subsection C of
this section, the State Department of Health is hereby designated as
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the official agency of the State of Oklahoma for all regulatory
activities pertaining to health and safety in the use of diag nostic
x-ray systems, and shall act as the coordinating agency for the
purpose of cooperating with other states, the United States Public
Health Service and other federal agencies in the administration of
programs relating to diagnostic x-ray systems, available to the
State of Oklahoma under federal laws; and it shall en courage,
participate in, and conduct studies, investigations, training,
research and demonstrations relating to co nstructive uses of
diagnostic x-ray systems and the prevention and control o f its
associated harmful effects or unnecessary exposure, the effects to
health on exposure to x -rays, and related problems.
B. Nothing in the Diagnostic X -Ray Facility Act shall interfere
with the doctor-patient relationship of any licensed member of th e
healing arts; nor shall anything in the Diagnostic X -Ray Facility
Act prohibit a licensed practitioner of the healing arts, or an
individual under the direction of such licensed p ractitioner, from
using x-rays or other sources of radiation and/or fluorosc opes for
diagnostic, research or treatment purposes, as authorized under the
Practitioner’s Licensing Act, provided the radia tion devices and the
related facilities of the practitioner shall comply with the rules
and regulations promulgated under the provi sions of the Diagnostic
X-Ray Facility Act.
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C. Beginning on the effective date of this act, the Board of
Dentistry shall have the power and duty to conduct all regulatory
activities pertaining to health and safety in the use of diagnostic
x-ray systems or other sources of radiation used for treatment
purposes that occur in a dental office. The Board shall gather and
submit data and statistics required by state and federal law to the
State Department of Health annually or as requested. The fee
schedule for inspections conducted by the Board und er this
subsection shall not exceed the fee schedul e set by the State
Commissioner of Health as of the effective date of this act for
inspections of diagnostic x-ray systems at diagnostic x-ray
facilities.
SECTION 3. This act shall become effective January 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
February 14, 2024 - DO PASS