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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1929 By: Kidd
AS INTRODUCED
An Act relating to the practice of dentistry;
amending 59 O.S. 2021, Section 328.3, as amended by
Section 1, Chapter 220, O.S.L. 2023 (59 O.S. Supp.
2023, Section 328.3) , which relates to definitions
used in the State Dent al Act; modifying definition;
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 of the
Board of Dentistry; broadening certain power;
amending 59 O.S. 2021, Section 328.21, as last
amended by Section 2, Chapter 220, O.S.L. 2023 (59
O.S. Supp. 2023, Section 328.21) , which relates to
application for license ; granting automatic
eligibility for specified advanced procedure to
certain dental hygienists; amending 59 O.S. 2021,
Section 328.23a, as amended by Section 4, Chapter
158, O.S.L. 2022 (59 O.S. Supp. 2023, Section
328.23a), which relates to special volunteer
licenses; authorizing licensure of active duty
military personnel; providing certain exemption;
amending 59 O.S. 2021, Section 328.31b , which relates
to patient recordkeeping requirements ; modifying
minimum requirements of patient records; amending 59
O.S. 2021, Section 328 .41, as amended by Section 7,
Chapter 158, O.S.L. 2022 (59 O.S. Supp. 2023, Section
328.41), which relates to continuing education
requirements; providing exemption for active duty
military personnel; amending 59 O.S. 2021, Section
328.44a, which relates to penalties and reviews;
providing for withdrawal of certain orders under
specified conditions; stipulating certain p rocedures
and considerations; au thorizing certain summary
denial; directing certain vote and settlement
agreement; amending 59 O.S. 2021, Section 328.44b,
which relates to surrender of license, permit , or
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certificate; modifying requirements for acceptance of
surrender; and providing an effective date .
BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 328.3, as
amended by Section 1, Ch apter 220, O.S.L. 2023 (59 O.S. Supp. 2023,
Section 328.3), is amended to read as follows:
Section 328.3. As used in the State Dental Act, the follow ing
words, phrases, or terms , unless the context otherwi se indicates,
shall have the follo wing meanings:
1. “Accredited dental college” means an institution whose
dental educational pro gram is accredited by the Commission on Dental
Accreditation of the Am erican Dental Association;
2. “Accredited dental hygi ene program” means a dental hygiene
educational program which is accredited by the Commission on Dental
Accreditation of the American Dental Association;
3. “Accredited dental assisting program or class” means a
dental assisting program which is accredited by the Commission on
Dental Accreditation o f the American Dental Association or a class
approved by the Board of Dentistry ;
4. “Advanced procedure” means a dental procedure for which a
dental hygienist has received special trai ning in a course of study
approved by the Board ;
5. “Board” means the Board of Dentistry;
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6. “Certified dental assistant” means a dental assistant who
has earned and maintains current certified dental assistant
certification from the Dental Assisting National Board (DANB);
7. “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 prophylaxis,
examination for calculus and scaling must be d one by a hygienist or
dentist;
8. “Deep sedation” means a drug-induced depression of
consciousness during which patients cannot be easily aro used but
respond purposefully following repeated or painful stimulation. The
ability to independently maintai n ventilator function may be
impaired. Patients may require assistance in maintaining a patent
airway, and spontaneous ventilation may be inadequate.
Cardiovascular function is usually maintained;
9. “Dentistry” means the practice of dentistry in al l of its
branches;
10. “Dentist” means a graduate of an accredited dental college
who has been issued a license by the Board to practice dentis try as
defined in Section 328.19 of this title;
11. “Dental ambulatory surgical center (DASC) ” means a facility
that operates exclusively for the pur pose of furnishing outpatient
surgical services to patients. A DASC shall have the same
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privileges and requirements as a dental office and additionally mus t
be an accredited facility by the appropriate entity ;
12. “Dental office” means an establishment owned and operated
by a dentist for the practice of dentistry, which may be composed of
reception rooms, business offices, private offices, laboratories,
and dental operating rooms where dental operations are performed;
13. “Dental hygiene” means the science and practice of the
promotion of oral health and prevention and treatment of oral
disease through the provision of educational, therapeutic, clinical ,
and preventive services ;
14. “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 define d;
15. “Dental assistant” or “oral maxillofacial surgery
assistant” means an individual working for a dentist, under the
dentist’s direct supervision or direct visual supervision, and
performing duties in the dental office or a treatmen t facility
including the limited treatment of patients in accordance with the
provisions of the State Dental Act. A dental assistant or oral
maxillofacial surgery assistant may assist a dentist with the
patient; provided, this shall be done only under the direct
supervision or direct visual supervision and control of the dentist
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and only in accordance with the educational requirements and rules
promulgated by the Board;
16. “Dental laboratory” means a location, whether in a dental
office or not, where a dentist or a dental laboratory technician
performs dental laboratory technology;
17. “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 laborat ory 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;
18. “Dental laboratory technology” means using materials and
mechanical devices for the cons truction, reproduction or repair of
dental restorations, appliances or other devices to be worn in a
human mouth;
19. “Dental specialty” means a specialized practice of a branch
of dentistry, recognized by the Board, where the dental college and
specialty program are accredited by the Commission on Dental
Accreditation (CODA), or a dental specialty recognized by the Boar d,
requiring a minimum num ber of hours of approved education and
training and/or recognition by a nationally recognized association
or accreditation board;
20. “Direct supervision” means the supervisory dentist is in
the dental office or treatment facili ty and, during the appo intment,
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personally examines the pati ent, diagnoses any conditions to be
treated, and authorizes the procedu res to be performed by a dental
hygienist, dental assistant, or oral maxillofacial surgery
assistant. The supervising dentist is continuously on-site and
physically present in the dental office or treatment facility while
the procedures are being performe d and, before dismissal of the
patient, evaluates the results of the dental treatment;
21. “Direct visual supervision ” means the supervisory dentist
has direct ongoing visual oversight which shall be maintained at all
times during any procedure author ized to be performed by a dental
assistant or an oral maxillofacial surgery assistant;
22. “Expanded duty” means a dental procedure for which a dental
assistant has received spec ial training in a course of study
approved by the Board ;
23. “Fellowship” means a program designed for post-residency
graduates to gain knowledge and experience in a specialized field;
24. “General anesthesia” means a drug-induced loss of
consciousness during which pa tients are 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 a irway, and positive pressure
ventilation may be required because of depressed spontaneous
ventilation or drug-induced depression of neuromuscular function.
Cardiovascular function may be impaired;
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25. “General supervision” means the supervisory dentist has
diagnosed any conditions to be trea ted within the past thirt een (13)
months, has personally authorized the procedures to be performed by
a dental hygienist, and will evaluate the results of the dental
treatment within a reasonab le time as determined by the nature of
the procedures performed , the needs of the patient, and the
professional judgment of the supervisory dentist. General
supervision may only be used to supervise a hygienist and may not be
used to supervise an oral maxillofacial surgery assis tant or dental
assistant except as provided by Section 7 of this act;
26. “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 procedure s to be
performed by a dental hygienist, remains in the dental office or
treatment facility while the proc edures are being performed, and
will evaluate the results of the dental treatment within a
reasonable time as determined by the nature of the procedu res
performed, the needs of the patient, and the professional ju dgment
of the supervisory dentist . Indirect supervision may not be used
for an oral maxillofacial surgery assistant or a dental assistant;
27. “Investigations” means an investigation procee ding,
authorized under Sections 328.15A and 328.43a of th is title, to
investigate alleged violations of the State Dental Act or the rules
of the Board;
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28. “Laboratory prescription” means a written description,
dated and signed by a dentist, of dental laboratory technology to be
performed by a dental laboratory technician;
29. “Minimal sedation” means a minimally depressed level of
consciousness, produced by a pharmacological method, that retains
the patient’s ability to independently and continuou sly maintain an
airway and respond normally to tactile stimul ation and verbal
command. Although cognitive function and coordination may be
modestly impaired, ventilator and cardiovascular functions are
unaffected;
30. “Mobile dental anesthesia provid er” means a licensed and
anesthesia-permitted dentist, physi cian or Certified Registered
Nurse Anesthetist (CRNA) that has a mobile dental unit and prov ides
anesthesia in dental offices and facilities in the state;
31. “Mobile dental clinic” means a permitted motor vehicle or
trailer utilized as a dental clini c, and/or that contains dental
equipment and is used to provide dental services to patients on-site
and shall not include a mobile dental anesthesia provider. A mobile
dental clinic shall also mean and include a volunteer mobile dental
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
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form of payment either directly or indirectly 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 un der
the State Dental Act;
32. “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 m aintain a patent airway, and
spontaneous ventilation is adequate. Cardiovascular function is
usually maintained;
33. “Prophylaxis” means the removal of any and all cal careous
deposits, stains, accretions or concretions from the supragingival
and subgingival surfaces of human teeth, utilizing instrumentation
by scaler or periodontal curette on the crown and r oot surfaces of
human teeth including rotary or power-driven instruments. This
procedure may only be performed by a dentist or dental hygienist;
34. “Patient” or “patient of record” means an individual who
has given a medical history and has been exami ned and accepted by a
dentist for dental care;
35. “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;
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36. “Supervision” means direct supervision, direct visual
supervision, indirect supervision or general supervis ion;
37. “Teledentistry” means the remote delivery of dental patient
care via telecommunications and other technology for the exchange of
clinical information and images for dental consultation, preliminary
treatment planning and patient monitoring; and
38. “Treatment facility” means:
a. a federal, tribal, state or local public health
facility,
b. a Federally Qualified Health Center (FQHC),
c. a private health facility,
d. a group home or residential care facility serving the
elderly, handicapped or juveniles,
e. a hospital or dental ambulatory surgery center (DASC),
f. a nursing home,
g. a penal institution operated by or under contract with
the federal or state government,
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 Acc reditation, or
l. such other places as are authorized by the Board.
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SECTION 2. 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 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 provisi ons 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
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 fiscal 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 as provided by rules;
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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 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, den tal
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;
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, 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 o ral maxillofacial surgery
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 or another
nationally recognized medical or dental association that establishes
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guidelines for health care as it relates to dentistry . The Board
shall have the sole authority to determine scope of practice of
licensees considering these standards and guidelines ;
13. Formulate, adopt, and promulgate rul es, pursuant to Article
I of the Administrative Procedures Act, as may be necessary to
implement and enforce the provisions of th e Oklahoma Dental
Mediation 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 o f dental
health of the people o f this state;
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 Associatio n of Dental Boards as
an active member, pay r egular 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, hold, 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 intere st therein unless
otherwise provided by the State Dental Act; provided, all contracts
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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 pe rson by the Board as provided i n
Section 328.44b of this title; and
21. Take all other actions necess ary to implement and enforce
the State Dental Act.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 328.21, as
last amended by Section 2, Chapter 220, O.S.L. 2023 ( 59 O.S. Supp.
2023, Section 328.21), is amended to read as follows:
Section 328.21. A. No person shall practice dentistry or
dental hygiene without first applying for and obtaining a license
from the Board of Dentistry.
B. Application shall be made to the Board in writing and shall
be accompanied by the fee established by the rules of the Board,
together with satisfactory proof that the applicant:
1. Is of good moral character;
2. Is twenty-one (21) years of age, or over, at the time of
making application to practice dentistry or eighteen (18) years of
age, or over, if the applicant is to practice dental hygiene;
3. Has passed a written theoretical examination and a clinical
examination approved by the Board within the previous five (5)
years; and
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4. Has passed a written jurisprudence examination over the
rules and laws affecting dentistry in this state.
C. An application from a candidate who desires to secure a
license from the Board to practice dentistry or dental hygiene in
this state shall be accompanied by satisfactory proof that the
applicant:
1. Is a graduate of an accredited dental college, if the
applicant is to practic e dentistry;
2. Is a graduate of an accredited dental hygiene program, if
the applicant is to practice dental hygiene; and
3. Has passed all portions of the National Board Dental
Examination or the National Board Dental Hygiene Examination.
D. Pursuant to Section 328.15 of this title, the Board may
affiliate as a member state, and accept regiona l exams from the
Commission on Dental Competency Assessments (CDCA-WREB-CITA) if the
following requirements are included:
1. For dental licensing the following components on a live
patient or manikin:
a. a fixed prosthetic component of th e preparation of an
anterior all porcelain crown and the preparation of a
three-unit posterior bridge,
b. a periodontal component,
c. an endodontic component,
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d. an anterior class III and posterior class II
restorative componen t,
e. a diagnosis and treatment planning section as approved
by the Board, as specified in Section 328.15 of this
title, and
f. the Board may determine equivalencies based on
components of other exams for the purpose of
credentialing; or
2. For dental hygienists licensing the following components on
a live patient or manikin:
a. clinical patient treatments with an evaluation of
specific clinical skills, and
b. evaluation of the candidate’s compliance with
professional standards during the treatment as
approved by the Board in Section 328.15 of this title
and shall include:
(1) extra/intra oral assessment,
(2) periodontal probing, and
(3) scaling/subgingival calculus removal and
supragingival deposit removal.
E. When the applica nt and the accompanying proof are found
satisfactory, the Boa rd shall notify the applicant to appear for the
jurisprudence examination at the t ime and place to be fixed by the
Board. A dental stu dent or a dental hygiene student in the
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student’s last semester of a dental or dental hygiene program,
having met all other requirements, may make application and take the
jurisprudence examination with a letter from the dean of the dental
school or director of the hygiene program stating that the applicant
is a candidate for graduation within the next six (6) months.
F. The Board shall require every applicant for a license to
practice dentistry or dental hygiene to submit, for the files of the
Board, a copy of a dental degree or dental hygiene degree, an
official transcript, a recent photograph duly identified and
attested, and any other information as required by the Board.
G. Any applicant who fails to pass the jurisprudence
examination may apply for a second examination, in which case the
applicant shall pay a reexamination fee as established by the
statutes or rules of the State Dental Act.
H. A dentist or dental hygienist currently licensed in another
state having met the qualifications in paragraphs 1 thr ough 3 of
subsections B and C of this sect ion may apply for a license by
credentials upon meeting the following:
1. A dentist holding a general dentist license in good standing
and having practiced for at least five hundred (500) hours within
the previous five (5) years immediately prior to application and
having passed a regional examination substantially equivalent to the
requirements for this state may apply for licensure by credentials;
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2. A dental hygienist holding a dental hygiene license in good
standing and having practiced for at least f our hundred twenty (420)
hours within the previous five (5) years immediately prior to
application and having passed a regional examination substantially
equivalent to the requirements for this state may apply for
licensure by credentials. Applicants for credentialin g must
include:
a. a letter of good standing from all states in which the
applicant has ever been licensed, and
b. any other requirements as set forth by the rules; and
3. An applicant applying fo r a dental or dental hygiene license
by credentials shall only be required to pass the jurisprudence
portion of the examination requirements as set forth in paragraph 4
of subsection B of this section.
I. 1. There shall be six types of advanced procedures
available for dental hygienists upon completion of a Commission on
Dental Accreditation (CODA) approved program, course, or
certification program that has been approved by the Board:
a. administration of nitrous oxide,
b. administration of local anesthesia,
c. neuromodulator administration,
d. therapeutic use of lasers,
e. phlebotomy and venipuncture, and
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f. elder care and public health pursuant to Section 7 of
this act.
2. A dental hygienist holding an advanced procedure permit or
credential in any other state for two (2) years shall be eligible
for the advanced pro cedure permit by credentials; provided, that
application for the advanced procedure permit by credentials for
administration of local anesthesia shall additionally require proof
of passage of such advanced procedure in a CDCA-WREB-CITA exam.
3. For all advanced procedures other than administration of
local anesthesia, a dental hygienist may apply b y filling out an
application with required documentation of train ing as required by
state law and rules of the Board. A dental hygienist licensed by
the Board prior to January 30, 2024 , shall be automatically eligible
for the advanced procedure of therapeutic use of lasers.
4. All advanced procedures shall be added to the dental hygiene
license upon approval.
J. All licensees and permit holders shall display the current
permit or license in a visible place within the dental off ice or
treatment facility.
K. The Board shall have the authority to temporaril y change
requirements of an examination due to availability or changes in the
examination format, not to exceed one (1) year.
L. During a year in which governmental officials h ave declared
a health pandemic, a state or federal disaster, or other natural or
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man-made disaster, the Board shall have the authority through a
resolution to change or ma ke 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 r esolution
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.
M. Every licensee or permit holder shall have an official
address and email address listed with the Board. Ever y licensee or
permit holder shall update the address with in thirty (30) calendar
days of moving. Official notification of any action of the Board
adverse to a licensee or permit holder including but not limited to
notification of license or permit cancellation due to nonrenewal,
notice of a formal complaint, or a decision of the hearing panel or
board, shall be served to the license e or permit holder by
registered mail at the official address, in person, to the
licensee’s or permit holder’s attorney, by agreement of the
individual, by a process server, or by an investigator of the Board
pursuant to Section 2004 of Titl e 12 of the Oklahoma Statutes .
SECTION 4. AMENDATORY 59 O.S. 2021, Section 328.23a, as
amended by Section 4, Chap ter 158, O.S.L. 2022 (59 O.S. Supp. 2023,
Section 328.23a), is amended to read as follows:
Section 328.23a. A. There is established a special vo lunteer
license for dentists and a special volunteer license for dental
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hygienists who are retired from active practice or out-of-state
licensees in active practice who are in the Oklahoma Medical Reserve
Corps or assisting with emergency management, emergency o perations
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 health department 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. A special volunteer
license may also be issued for any live patient trainin g approved by
the Board. The special volunteer license shall be:
1. Issued by the Board of Dentistry to eligible person s;
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 special volunteer license may be issued for a dentist or
dental hygienist who is on active duty military service . This
license shall not be subject to paragraph 4 of subsection A of this
section and may be issued for the time period of the tour of duty .
C. A dentist or dental hygienist must meet the following
requirements to be eligible for a special volunteer license:
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1. Completion of a special volunteer dental or dental hygiene
license application including documentation of the dentist ’s dental
or dental hygiene school graduation and practice history;
2. Documentation that the dentist or dental hygienist has been
previously issued a full and unrestricted license to practi ce
dentistry or dental hygiene in 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 suspend ed,
revoked, or subject to any agency order limiting or restricting
practice privileges, or has been voluntarily terminated under threat
of sanction, the dentist or dental hygienist shall be ineligible to
receive a special volunteer license;
3. Acknowledgement and docu mentation that the dentist’s or
dental hygienist’s practice under the special volunteer license will
be exclusively and totally devoted to providing dental care to n eedy
and indigent persons in this state;
4. Acknowledgement and documentation that the den tist 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 t he special volunteer license.
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C. D. The Board of Dentistry shall have jurisdiction over
dentists, dental hygienists , dental assistants and dental
technicians who volunteer their professional services in the st ate.
Dental assistants and dental technicians shall work under the direct
supervision of a dentist.
D. E. 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 i nitiative 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 lic ensure
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 limi ted to specific dates and
locations of services to be provided.
E. F. All persons providing care sh all 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.
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F. G. Volunteers shall not use sedation or general anes thesia
during volunteer procedures.
G. H. Volunteers shall use a form to be provided by the Board
for any patient with clear instructio ns for any and all follow-up
care.
H. I. 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. J. 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 5. AMENDATORY 59 O.S. 2021, Section 328.31b, is
amended to read as follows:
Section 328.31b. A. Every dental office or treatment facility,
whether individual, group or multi -doctor practice operating under a
name, trade name or other professional entity shall maintain written
records on each patient treated at the facility and shall make thes e
records available to the Board and other regulatory entities or be
subject to the penalties as set forth in Section 328.44a of this
title.
B. Each licensed dentist shall maintai n written records on each
patient that shall contain, at a minimum, the following information
about the patient:
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1. A current health history listing known illnesses, other
treating physicians and current medications prescribed;
2. Results of a clinical examination and, including a physical
intraoral examination and head and neck examination, tests
conducted, and any lab results 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 do cumentation of any
medications prescribed, administer ed or dispensed to the patient.
C. Whenever patient records are released or transfer red, 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 we re released
or transferred.
D. All claims being submit ted for insurance must be signed,
stamped or have an electronic signature by the treating dentist.
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 o ther
electronic back-up system and that backup is upd ated on a regular
basis, at least weekly, to ass ure that data is not los t due to
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system failure. Any electronic data system shall be capable of
producing a hard copy on de mand.
F. All patient records shall be mainta ined for seven (7) years
from the date of treatment.
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 bo ok for
a period of no less than seven (7) years from the date of each entry
thereon.
SECTION 6. AMENDATORY 59 O.S. 2021, Section 328.41, as
amended by Section 7, Chapter 158, O.S.L. 2022 (59 O.S. Supp. 2023,
Section 328.41), is amended to read as follows:
Section 328.41. A. 1. On or before the last day of Dece mber
of each year, every dentist, dental h ygienist, dental assistant,
oral maxillofacial surgery assistant and other licensee or permit
holders previously licensed or permi tted by the Board to prac tice in
this state, with the exception of those listed in p aragraph 2 of
this subsection, shall submi t a completed renewal application with
information as may be required by the Board, together with an annual
renewal fee established by the rules of the Boa rd. Upon receipt of
the annual renewal fee, the Board shal l issue a renewal certificate
authorizing the dentist, dental hygienist, dental assistant or oral
maxillofacial surgery assistant to continue the practice of
dentistry or dental hygiene, respective ly, in this state for a
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period of one (1) year. Every lice nse or permit issued by the Board
shall begin on January 1 and expire on December 31 of each year.
2. Resident and fellowship permits shall be valid from July 1
through June 30 of each year and den tal student intern permits shall
be valid from August 1 through July 31 of each year.
B. Beginning July 1, 2021, continuing education requirements
shall be due at the end of each two-year period.
C. 1. Continuing education requ irements for a dentist or
dental hygienist shall cons ist of:
a. a live, in-person cardiopulmonary resuscitation class
approved by the Board,
b. an ethics class approved by t he Board,
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 Accre ditation (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
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semester credit hours and one (1) hour of credit
per eighteen (18) hours of clinical instruction,
(3) publishing papers, presenting clinics and
lecturing, for which the dentist or dental
hygienist shall receive six (6) credit hours for
each hour of the original presentation 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 in
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 F orces provided
at a government facility,
(6) formal meetings by national or state profession al
organizations for dental providers, or
university-sponsored professional alumni cli nical
meetings approved by the Board,
(7) organized study clubs,
(8) uncompensated volunteer work at an event approved
by the Board not to exceed seven (7) hours for a
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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 ne w licensure.
4. A dentist or hygienist on active duty military service shall
be exempt from continuing education if he or she is:
a. currently on full-time active duty service as a
dentist or hygienist for a minimum of eighteen (18)
months in a two-year continuing education cycle, or
b. a licensed dentist or hygienist serving in the
Reserves or the National Guard that is actively
deployed outside of the United States for a minimum of
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eighteen (18) months in a two-year continuing
education cycle.
D. 1. Dentists shall complete forty (40) hours 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.
2. Oral maxillofacial surgery assistants shall complete eight
(8) hours of continuing education including one (1) hour of
infection control.
3. Dental assistants shall complete two (2) hours of infection
control.
4. Any newly licensed dentist shall compl ete a two-hour opioid
and scheduled drug pres cribing class within one (1) year of
obtaining licensure.
E. Upon failure of a dentist, den tal hygienist, dental
assistant or oral maxillofacial surgery assistant t o pay the annual
renewal fee within two (2) months after Jan uary 1 of each year, the
Board shall notify the dentist, dental hygienist, dental assistant,
oral maxillofacial surgery assistant, or other permit holder that
the license or permit will be officially canceled as of April 1
pursuant to subsection M of Section 328.21 of this title . A list of
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canceled licenses or permits not otherwise renewed shall be
published at the following meeting of the Board.
F. Any dentist, dental hygienist, dental assistant or oral
maxillofacial surgery assistant whose license o r 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 annua l renewal fee and a penalty fee
established by the rules of the Board. If the dentist, dental
hygienist, dental assistant, or oral maxillofacial surgery assistant
does not apply for renewal of the license or permit and pay the
required fees within one (1) year afte r the license has expired,
then the dentist, dental hygienist, dental assistant or oral
maxillofacial surgery assistant shall be required to file an
application for and take the examination or other requirements
provided for in the State Dental A ct or the rules promulgated by the
Board before again commencing practice.
G. The Board, by rule, shall provide for the remittance of fees
otherwise required by the State Dental Act while a dentist or dental
hygienist is on active duty with any of the Armed Forces of the
United States.
H. In case of a lost or destroyed license or renewal
certificate and upon satisfactory proof of the loss or destruction
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thereof, the Board may issue a duplicate, charging therefor a fee
established by the rules of the Board .
I. A dentist, dental hygienist, ora l 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 retirem ent 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 requirements to be met prior to reinstatement.
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.
K. Any application for a license or permit that has remained
inactive for more than one (1) year shall be c losed.
SECTION 7. AMENDATORY 59 O.S. 2021, Section 328.44a, is
amended to read as follows:
Section 328.44a. A. The Board of Dentistry is au thorized,
after notice and opportunity for a hearing pursuant to Article II of
the Administrative Procedures Act, to issue an order imposing one or
more of the following penalties whenever the Board finds, by clear
and convincing evidence, that a dentist, dental hygienist, dental
assistant, oral maxillofacial surgery assistant, dental laboratory
technician, holder of a permit to operate a dental laboratory, or an
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entity operating pursuant to the provisions o f the Professional
Entity Act or the State Dental Act has committed any of the acts or
occurrences set forth in Sections 328.29, 328.29a, 328.32, 328.33,
328.39 and 328.39a of this t itle prohibited by the State Dental Act
or rules of the Board:
1. Refusal to issue a license or permit, or a renewal thereo f,
provided for in the State Dental Act;
2. Suspension of a license or permit issued by the Board for a
period of time deemed appropriate by the Board;
3. Revocation of a license or permit issued by the B oard;
4. Imposition of an admi nistrative penalty not to exceed One
Thousand Five Hundred Dollars ($1,500.00) per violation;
5. Issuance of a censure;
6. Placement on probation for a period of time and under such
terms and conditions as deemed appropriate by the Board;
7. Probation monitoring fees, whi ch shall be the responsibility
of the licensee on all probations; or
8. Restriction of the services that can be provided by a
dentist or dental hygienist, under such terms and conditions as
deemed appropriate by the Board.
B. A dentist, dental hygienist, dental assistant, oral
maxillofacial surgery assistant, dental laboratory tech nician, or
holder of a permit to operate a dental lab oratory, against whom a
penalty is imposed by an order of the Board pursuant to the
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provisions of this section, shall have t he right to seek a judicial
review of such order pursuant to Article II of the Administrative
Procedures Act.
C. The Board may issue a summary suspension on a licensee or
permit holder who is found guilty of a felony charge and is
sentenced to incarceration in a state or federal facility.
D. 1. A licensee or permit holder may peti tion the Board to
reopen and withdraw an order after the expiration of seven (7) years
from the date of issue if:
a. the order does not include al legations or a finding of
direct patient harm,
b. the licensee has maintained an active full -time
practice in good standing and has not received an
additional order or private reprimand since the issue
of the order,
c. the licensee has not been the subject of any
settlement reports in t he National Practitioner Data
Bank within the previous seven (7) years, and
d. the order concerns an administrative violation and
does not include a direct action against the licen se
including, but not limited to, probation or suspension
of the license.
2. Upon receipt of a motion to reopen and withdraw an order,
the president of the Board shall assign a panel for review and
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investigation to be brought to the Board. The Board shall take into
consideration the issues causing the order ; any changes to laws
relevant to the order since its issue that may have resulted in a
different outcome if such laws had been in place at the time of th e
complaint; any actions by the licensee to better his or her
abilities as a practicing licensee ; current patient outcomes ;
service to his or her community or state; and any other issues,
testimony, or other information relating to the licensee found
during an investigation or submitted to the Board.
3. The panel and the president may make a determination that
the case is not appropriate to bring before the Board and shall have
the authority to summarily deny the order and, if appropriate, to
advise the licensee of requirements to complete for future
consideration. The panel may choose to keep the matter pending
while the licensee completes the requirements advised.
4. Upon a case brought before the Board, the Board shall vote
to withdraw or stay the order. If the order is withdrawn, it shall
revert to a private settlement agreement pursuant to Section 328.43a
of this title.
SECTION 8. AMENDATORY 59 O.S. 2021, Section 328.44b, is
amended to read as follows:
Section 328.44b. A. A holder of a license, a permit, or
certificate granted by the Board shall have the right to surrender
the license, permit, or certificate, in writing, notarized, to the
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Board if the holder is in good standing with the Board as
determined, in its discretion, by the Board. The Board sha ll accept
such surrender in writing after approval at a regular or special
Board meeting with the statement that the holder is in good standing
with the Board. Any holder who has surrendered a license, permit,
or certificate issued by the Board and who shall apply for a
license, permit, or certificate after surrender shall be subject to
all statutes and rules of the Board applicable at the time of the
new application.
B. A holder of a license, permit, or certificate shall not be
considered to be in good s tanding if an investigation of a complaint
is pending against the holder. The Board shall no t accept a
surrender until a complaint is dismissed by the review pa nel, a
settlement agreement an agreed order or agreed order of s urrender is
entered, or the Board determines that an individual proceeding shall
be initiated pursuant to Section 328.43a of this title.
C. If a holder of a license, permit, or certificate wishes to
surrender the license, permit, or certificate during the pendency of
an initial proceeding, the Board may accept or reject the surrender,
in its discretion. The acceptance must be in writing after approval
by the Board at a regular or special Board meeting. Any acceptance
shall contain the statement that the acceptance is pendin g
disciplinary action. No person who surrenders a license, permit, or
certificate to the Board during a pending disciplinary action shall
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be eligible for reinstatement for a period of five (5) years from
the date the surrender is accepted by the Board.
D. The Board shall retain jurisdiction over the holder of any
license, permit, or certificate for all dis ciplinary matters pending
at the time surrender is sought by the holder or over any person
that does not renew his or her license while an investigation is
pending.
E. All surrenders of licenses, permits, or certificates,
whether the holder is or is not i n good standing, shall be reported
to the national practitioner data bank with the notation in good
standing or pending disciplinary action.
SECTION 9. This act shall become effective November 1, 2024.
59-2-3043 DC 1/18/2024 11:57:52 AM