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ENGROSSED SENATE
BILL NO. 1383 By: Bergstrom of the Senate
and
West (Josh) of the House
An Act relating to diagnostic x -ray systems; amending
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), which relates to powers and duties
of the Board of Dentistry; requiring the Board to
enforce certain state and federal laws; amending 63
O.S. 2021, Section 1 -1503, which relates to
diagnostic x-ray systems; providing certain
exception; giving certain power and duty to the
Board; requiring the Board to submit certain data to
the State Department of Health; limiting certain fee
schedule; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF 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 follows:
Section 328.15. A. Pursuant to and in compliance with Article
I of the Administrative Procedures Act, the Board of Dentistry shall
have the power to formulate, adopt, 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 authorized and empowered to:
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1. Examine and test the qualifications of applicants 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 pur pose of conducting
simultaneous regional examinations of applicants for a license to
practice dentistry, dental hygiene, or a dental specialty;
3. Maintain a list of the name, cur rent mailing address and
official address of all persons who hold a license or permit issued
by the Board;
4. Account for all receipts and expenditures of the monies of
the Board including annually preparing and publishing a statement of
receipts and expenditures of the Board for each fiscal year;
5. Within limits prescribed in the State Dental Act, set all
fees and administrative penalties to be imposed and collected by the
Board;
6. Employ an Executive Director, legal counsel and other
advisors to the Board including advisory committees;
7. Investigate and issue investigative and other subpoenas,
pursuant to Article II of the Administrative Procedures Act;
8. Initiate individual proceedings and issue orders imposing
administrative penalties, pursuant to Article II of the
Administrative Procedures Act, against any dentist, den tal
hygienist, dental assistant, oral maxillofacial surgery assistant,
dental laboratory technician, or holder of a permit to operate a
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dental laboratory who has violated the State Dental Act or the rules
of the Board;
9. Conduct, in a uniform and reasona ble manner, inspections of
dental offices and dental laboratories and business records of
dental offices and dental laboratories;
10. Establish guidelines for courses of study necessary for
dental assistants, oral maxillofacial surgery assistants and, whe n
appropriate, issue permits authorizing dental assistants to perform
expanded duties;
11. Establish continuing education requirements for dentists,
dental hygienists, dental assi stants and oral maxillofacial surgery
assistants who hold permits issued by the Board;
12. Recognize the parameters and standards of care established
and approved by the American Dental Association;
13. Formulate, adopt, and promulgate rules, pursuant to Article
I of the Administrative Procedures Act, as may be necessary to
implement and enforce the provisions of the 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 purposes that occur in a dental office includ ing,
but not limited to, the Diagnostic X-Ray Facility Act;
14. Seek and receive advice and assistance of the Office of the
Attorney General of this state;
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15. Promote the dental health and the education of dental
health of the people of this state;
16. Inform, educate, and advise all persons who hold a license
or permit issued by the Board, or who are otherwise regulated by the
Board, regarding the State Dental Act and the rules of the Board;
17. Affiliate with the American Association of Dental Boards as
an active member, pay regular dues, and send members of the Board as
delegates to its meetings;
18. Enter into contracts;
19. Acquire by purchase, lease, gift, solicitation of gift or
by any other manner, hold, encumber, and dispose of personal
property as is needed, maintain, use and operate or contract for the
maintenance, use and operation of or lease of any and all property
of any kind, real, personal 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 necessary to implement and enforce
the State Dental Act.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -1503, is
amended to read as follows:
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Section 1-1503. A. The Except as provided by subsection C of
this section, the State Department of Health is hereby designated as
the official agency of the State of Oklahoma for all regulatory
activities pertaining to health and safety in the use of diagnostic
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 feder al laws; and it shall encourage,
participate in, and conduct studies, investigations, training,
research and demonstrations relating to constructive uses of
diagnostic x-ray systems and the prevention and control of its
associated harmful effects or unnece ssary 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 the
healing arts; nor shall anything in the D iagnostic X-Ray Facility
Act prohibit a licensed practitioner of the healing arts, or an
individual under the direction of such licensed practitioner, from
using x-rays or other sources of radiation and/or fluoroscopes for
diagnostic, research or treatment purposes, as authorized under the
Practitioner’s Licensing Act, provided the radiation devices and the
related facilities of the practitioner shall comply with the rules
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and regulations promulgated under the provisions of the Diagnostic
X-Ray Facility Act.
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 treat ment
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 under this
subsection shall not exceed the fee schedule 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 ef fective January 1, 2025.
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Passed the Senate the 5th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives