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ENGROSSED SENATE
BILL NO. 1929 By: Kidd of the Senate
and
Hasenbeck of the House
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 Dental 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 s;
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; providing for eligibility of
certain dental hygienists for specified advanced
procedure; 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; authorizing licensure of out -of-state
dentists for specified purpose; amending 59 O.S.
2021, Section 328.24, as amended by Section 4,
Chapter 220, O.S.L. 2023 (59 O.S. Supp. 2023, Section
328.24), which relat es to expanded duty permits for
dental assistants and oral maxillofacial surgery
assistants; modifying types of permits; 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 328.32, as last amended by Section 5,
Chapter 220, O.S.L. 2023 (59 O.S. Supp. 2023, Section
328.32), which relates to grounds for penalties;
broadening grounds for penalties; granting certain
immunity from civil or c riminal liability; 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
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education requirements; providing exemption for
active duty military personnel; amending 59 O.S.
2021, Section 328.43a, which relates to complaints
and investigations; broade ning certain authority of
review and investigative panels; amending 59 O.S.
2021, Section 328.44a, which relates to penalties and
reviews; clarifying applicability of the State Dental
Act and rules of the Board; providing for withdrawal
of certain orders under specified conditions;
stipulating certain procedures and considerations;
authorizing certain summary denial; directing certain
vote and settlement agreement; a mending 59 O.S. 2021,
Section 328.44b, which relates to surrender of
license, permit, or cer tificate; modifying
requirements for acceptance of surrender; updating
statutory references; updating statutory language;
making language gender neutral; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 328.3, as
amended by Section 1, Chapter 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 following
words, phrases, or terms, unless the context otherwise indicates,
shall have the following meanings:
1. “Accredited dental college ” means an institution whose
dental educational program is accre dited by the Commission on Dental
Accreditation of the American Dental Association;
2. “Accredited dental hygiene program ” means a dental hygiene
educational program which is accredited by the Commission on Dental
Accreditation of the American Dental Association;
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3. “Accredited dental assisting program or class” means a
dental assisting program which is accredited by the Commission on
Dental Accreditation of the American Dental Association or a class
approved by the Board of Dentistr y;
4. “Advanced procedure” means a dental procedure for which a
dental hygienist has received special training in a course of study
approved by the Board;
5. “Board” means the Board of Dentistry;
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 slo w
speed hand piece wit h a prophy/polishing cup or brush and polishing
agent and is not prophylaxis. To be considered prophylaxis,
examination for calculus and scaling must be done by a dental
hygienist or dentist;
8. “Deep sedation” means a drug-induced depression of
consciousness during which patients cannot be easily aroused but
respond purposefully following repeated or painful stimulation. The
ability to independently maintain ventilator function may be
impaired. Patients may require assistance in m aintaining a patent
airway, and spontaneous ventilation may be inadequate.
Cardiovascular function is usually maintained;
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9. “Dentistry” means the practice of dentistry in all of its
branches;
10. “Dentist” means a graduate of an accredited dental colle ge
who has been issued a license by the Board to practice dentistry as
defined in Section 328.19 of this title;
11. “Dental ambulatory surgical center (DASC) ” means a facility
that operates exclusively for the purpose of furnishing outpatient
surgical services to patients. A DASC shall have the same
privileges and requirements as a dental office and additionally must
be an accredited facility by the appropriate entity;
12. “Dental office” means an establishment owned and operated
by a dentist for the pra ctice 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 a nd 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 accr edited
dental hygiene program and who has passed an examination and has
been issued a license by the Board and who is authorized to practice
dental hygiene as hereinafter defined in this section;
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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 treatment facility
including the limited treatment of patients in accordance with the
provisions of the State Dental Act. A dental assistant or oral
maxillofacial surgery assistant may assist a dentist with the
patient; provided, this shall be done only under the direct
supervision or direct visual supervision and control of the dentist
and only in accordance with the educational requirements and rules
promulgated by the Board;
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 whose
name is duly filed in the official records of the Board, which
authorizes the technician, upon the laboratory prescription of a
dentist, to perform dental laboratory technology, which services
must be rendered only to the prescribing dentist and not to the
public;
18. “Dental laboratory technology ” means using materials and
mechanical devices for the construction, reproduction or repair of
dental restorations, appliances or other devices to be wor n in a
human mouth;
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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 specialt y recognized by the Bo ard,
requiring a minimum number 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 facility and, during the appointment,
personally examines the patient, diagnoses any conditions to be
treated, and authorizes the procedures to be performed by a dental
hygienist, dental assistant, or oral maxillofacial surgery
assistant. The supervising denti st is continuously on -site and
physically present in the dental office or treatment facility while
the procedures are being performed and, before dismissal of the
patient, evaluates the results of the dental treatment;
21. “Direct visual supervision” means the supervisory dentist
has direct ongoing visual oversight which shall be maintained at all
times during any procedure authorized to be performed by a dental
assistant or an oral maxillofacial surgery assistant;
22. “Expanded duty” means a dental proce dure for which a dental
assistant has received special training in a course of study
approved by the Board;
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23. “Fellowship” means a program designed for post -residency
graduates to gain knowledge and experience in a specialized fiel d;
24. “General anesthesia” means a drug-induced loss of
consciousness during which patients are not arousable, even by
painful stimulation. The ability to independently maintain
ventilator function is often impaired. Patients often require
assistance in maintaining a patent airway, and positive pressure
ventilation may be required because of depressed spontaneous
ventilation or drug-induced depression of neuromuscular function.
Cardiovascular function may be impaired;
25. “General supervision” means the supervisory dentist has
diagnosed any conditions to be treated within the past thirteen (13)
months, has personally authorized the procedures to be performed by
a dental hygienist, and will evaluate the results of the dental
treatment within a reasonabl e time as determined b y 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 dental hygienist and may
not be used to supervise an or al maxillofacial surgery assistant or
dental assistant except as provided by Section 7 328.58 of this act
title;
26. “Indirect supervision ” means the supervisory dentist is in
the dental office or treatment facility and has personally diagnosed
any conditions to be treated, au thorizes the procedures to be
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performed by a dental hygienist, remains in the dental office or
treatment facility while the procedures are being performed, and
will evaluate the results of the dental treatment within a
reasonable time as determined by the nature of the procedures
performed, the needs of the patient, and the professional judgment
of the supervisory dentist. Indirect supervision may not be used
for an oral maxillofacial surgery assistant or a dental assistant;
27. “Investigations” means an investigation proceeding,
authorized under Sections 328.15A and 328.43a of this title, to
investigate alleged violations of the State Dental Act or the rules
of the Board;
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 continuously maintain an
airway and respond normally to tactile stimulation and verbal
command. Although cognitive function and coordination may be
modestly impaired, ventilator and cardiovascular functions are
unaffected;
30. “Mobile dental anesthesia provider ” means a licensed and
anesthesia-permitted dentist, physician or Certified Registered
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Nurse Anesthetist (CRNA) that has a mobile dental unit and provides
anesthesia in dental offices and facilities in the state;
31. “Mobile dental clinic” means a permitted motor vehicle or
trailer utilized as a dental clinic, and/or that contains dental
equipment and is used to provide dental services to patients on -site
and shall not include a mobile dental anesthesia provider. A mobile
dental clinic shall also mean and include a volunteer mobile 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 o rganization
with which it is affiliated is clearly indicated on the exterior of
the volunteer mobile dental facility, and such facility does not
receive any form of payment either directly or indirectly for work
provided to patients other than donations th rough the affiliated
church or religious organization; provided, that the volunteer
mobile dental facility shall be exempt from any registration fee
required under the State Dental Act;
32. “Moderate sedation” means a drug-induced depression of
consciousness during which patie nts 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;
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33. “Prophylaxis” means the removal of any and all calcareous
deposits, stains, accretions or concretions from the supragingival
and subgingival surfaces of human teeth, utilizing instrumentation
by scaler or periodontal curette on the c rown and root 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 be en examined 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 Accredita tion (CODA) or the Board;
36. “Supervision” means direct supervision, direct visual
supervision, indirect supervision or general supervision;
37. “Teledentistry” means the remote delivery of dental patient
care via telecommunication s 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,
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d. a group home or residential care facility serving the
elderly, handicapped disabled 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 a ccredited by the
Commission on Dental Accreditation, or
l. such other places as are authorized by the Board.
SECTION 2. AMENDATORY 59 O.S. 2021, Section 328.15, as
amended by Section 1, Chapter 158, O.S.L. 20 22 (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:
1. Examine and test the qualifications of applicants for a
license or permit to be issued by the Board;
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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, den tal hygiene, or a dent al specialty;
3. Maintain a list of the name, current 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 as provided by rules;
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, dental
hygienist, dental assistant, oral maxillofacial surgery assistant,
dental laboratory technician, or holde r of a permit to operate a
dental laboratory who has violated the State Dental Act or the rules
of the Board;
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9. Conduct, in a uniform and reasonable 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 authorizing dental assistants or oral
maxillofacial surger y assistants to perform expanded duties;
11. Establish continuing education requirements for dentists,
dental hygienists, dental assistants and oral maxillofacial surgery
assistants who hold permits issued by the Board;
12. Recognize the parameters and s tandards of care established
and approved by the American Dental Association or another
nationally recognized medical or dental association that establishes
guidelines for health care as it relates to dentistry. The Board
shall have the sole authority to determine scope of pra ctice of
licensees considering these standards and guidelines ;
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;
14. Seek and receive advice and assistance of the Office of the
Attorney General of this state;
15. Promote the dental health and the education of dental
health of the people of this state;
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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 re gular 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 con tract for the
maintenance, use and operation of or lease of any and all property
of any kind, real, personal or mixed or any interest 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 nec essary 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 amende d to read as follows:
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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) yea rs 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
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 practice dentistry;
2. Is a graduate of an accredited dental hygiene program, if
the applicant is to practice dental hygiene; and
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3. Has passed all portions of the National Boa rd Dental
Examination or the National Board Dental Hygiene Examination.
D. Pursuant to Section 328.15 of this title, the Board may
affiliate as a member state, and accept regional exams 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 the preparation of an
anterior all porcelain crown and the preparation of a
three-unit posterior bridge,
b. a periodontal component,
c. an endodontic component,
d. an anterior class III and posterior class II
restorative component,
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:
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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 applicant and the accompanying proof are found
satisfactory, the Board shall notify the applicant to appear for the
jurisprudence examination at the time and p lace to be fixed by th e
Board. A dental student or a dental hygiene student in the
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 fi les 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.
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G. Any applicant who fails to pass th e 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 qualif ications in paragraphs 1 through 3 of
subsections B and C of this section may apply for a license by
credentials upon meeting the following:
1. A dentist holding a general dentist license in good standing
and having practiced for at least five hundred (500) hours within
the previous five (5) years immediately prior to application and
having passed a regional examination substantially equivalent to the
requirements for this state may apply for licensure by credentials;
2. A dental hygienist holding a denta l hygiene license in good
standing and having practiced for at least four hundred twenty (420)
hours within the previous five (5) years immediately prior to
application and having passed a regional examination substantially
equivalent to the requirements for this state may apply for
licensure by credentials. Applicants for credentialing must
include:
a. a letter of good standing from all states in which the
applicant has ever been licensed, and
b. any other requirements as set forth b y the rules; and
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3. An applicant applying for a dental or dental hygiene license
by credentials shall only be required to pass the jurisprudence
portion of the examination requirements as set forth in paragraph 4
of subsection B of this section.
I. 1. There shall be six seven 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,
f. venipuncture, and
f. g. elder care and public health pursuant to Section 7
328.58 of this act title.
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 procedure permit by credentials; provided, that
application for the advanced procedure permit by credentials for
administration of local anesthesi a 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 by filling out an
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application with required documentation of training as required by
state law and rules of the Board . A dental hygienist licensed by
the Board prior to January 30, 2024, shall be eligible for the
advanced procedure of therapeutic use of lasers upon submission of
an affidavit attesting t o two (2) years of practice using 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 with in the dental office or
treatment facility.
K. The Board shall have the authority to temporarily change
requirements of an examination due to availability or changes in the
examination format, not to exceed one (1) year.
L. During a year in which governm ental officials have d eclared
a health pandemic, a state or federal disaster, or other natural or
man-made disaster, the Board shall have the authority through a
resolution to change or make allowances in requirements of all
candidates for licensure and is sue temporary licenses 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 govern mental officials.
M. Every licensee or permit holder shall have an official
address and email address listed with the Board. Every licensee or
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permit holder shall update the address within thirty (30) calendar
days of moving. Official notification of an y 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 li censee or permit holde r 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 Title 12 of th e Oklahoma Statutes.
SECTION 4. AMENDATORY 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), is amended to read as follows:
Section 328.23a. A. There is estab lished a special volun teer
license for dentists and a special volunteer license for dental
hygienists who are retired from active practice or out -of-state
licensees in active practice who are in the Oklahoma Medical Reserve
Corps or assisting with emergenc y 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 health department or th e 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
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license may also be issued for any live patient training approved by
the Board of Dentistry. 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 educatio n
requirements for a p eriod 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:
1. Completion of a special volunte er 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 practice
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 suspended,
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revoked, or subject to any agency order limiting or restricting
practice privileges, or has been voluntarily terminated under threat
of sanction, the dentist or dental hygienist shall be ineligible to
receive a special volunteer license;
3. Acknowledgement and documentation that the dentist ’s or
dental hygienist’s practice under the special volunteer license will
be exclusively and totally devot ed to providing dental care to needy
and indigent persons in this state;
4. Acknowledgement and documentation that the dentist or dental
hygienist will not receive or have the expectation to receive any
payment or compensation, either direct or indirect, for any dental
services rendered under the special volunteer license; and
5. A listing of all locations and dates that the person will be
completing volunteer work under the special volunteer license.
C. D. 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. 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 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
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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 sha ll be limited to specific dates and
locations of services to be provided.
E. F. 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 tho se functions authorized by law or
administrative rule shall be performed by the named person approved
by the Board.
F. G. Volunteers shall not use sedation or general anesthesia
during volunteer procedures.
G. H. Volunteers shall use a form to be provide d by the Board
for any patient with clear instructions for any and all follow -up
care.
H. I. At any time, the Board shall revoke a volunteer license
based on documentation of failure to participate according to state
laws or administrative rules.
I. J. A special volunteer license shall be restricted to
services provided at the locations listed on the application or for
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a specific not-for-profit treatment provider group as approved by
the Board.
K. A special volunteer license may be issued to a dentist wi th
an active license in good standing in another state for the purpose
of participating in a continuing education class that includes live
patient treatment as a part of the training program.
SECTION 5. AMENDATORY 59 O.S. 2021, Se ction 328.24, as
amended by Section 4, Chapter 220, O.S.L. 2023 (59 O.S. Supp. 2023,
Section 328.24), is amended to read as follows:
Section 328.24. A. No person shall practice as a dental
assistant or oral maxillofacial surgery assistant for more than o ne
(1) day in a calendar year without having applied for a permit as a
dental assistant or oral maxillofacial surgery assistant from the
Board of Dentistry within thirty (30) days of beginning employment.
During this time period, the dental assistant shal l work under the
direct visual supervision of a dentist at all times.
B. The application shall be made to the Board in writing and
shall be accompanied by the fee established by the Board, together
with satisfactory proof that the applicant passes a backg round check
with criteria established by the Board.
C. Beginning January 1, 2020, every dental assistant receiving
a permit shall complete a class on infection control as approved by
the Board within one (1) year from the date of receipt of the
permit. Any person holding a valid dental assistant permit prior to
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January 1, 2020, shall complete an infection -control class as
approved by the Board before December 31, 2020. Failure to complete
the class shall be grounds for discipline pursuant to Section
328.29a of this title.
D. There shall be seven eight types of expanded duty permits
available for dental assistants or oral maxillofacial surgery
assistants upon completion of a program approved by the Commission
on Dental Accreditation (CODA) or a course tha t has been approved by
the Board:
1. Radiation safety;
2. Coronal polishing and topical fluoride;
3. Sealants;
4. Assisting in the administration of nitrous oxide;
5. Phlebotomy and venipuncture;
6. Venipuncture;
7. Elder care and public health; or
7. 8. 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.
All expanded duties shall be added to the dental assistant
license or oral maxillofacial surgery assistant license upon
approval.
E. The training requirements for all expanded duty permits
shall be set forth by the Board. A program that is not CODA -
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certified must meet the standards set forth and be approved by the
Board.
F. An applicant for a dental assistant permit who has graduated
from a dental assisting program accredited by CODA and has passed
the jurisprudence test examination shall receive all expanded duty
permits provided for in subsection D of this section if the course
materials approved by the Board are covered in the program.
G. A dental assistant who holds an out -of-state dental
assistant permit with expanded duties may apply for credentialing
and reciprocity for a dental assistant permit including any expanded
duty by demonstrating the following:
1. The dental assistant has had a valid dental assistant permit
in another state for a minimum of two (2) years and is in good
standing;
2. The dental assistant has had a valid expanded duty in
another state for a minimum of one (1) year; and
3. The dental assistant provides a certificate or proof of
completion of an educational class for the expanded duty and that
the dental assistant has been providing this treatment to dental
patients while working as a dental assistan t in a dental office f or
one (1) year.
H. Any person having served in the military as a dental
assistant shall receive credentialing and reciprocity for expanded
functions by demonstrating the following:
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1. Proof of military service in excess of two (2) years with
any certifications or training in the expanded function areas; and
2. Verification from the commanding officer of the medical
program or the appropriate supervisor stating that the dental
assistant provided the expanded functions on patients in the
military dental facility for a minimum of one (1) year within the
past five (5) years.
SECTION 6. 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 these
records available to the Board of Dentistry 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 maintain written records on each
patient that shall contain, at a minimum, the following information
about the patient:
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
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conducted, and any lab result s including the identification, or lack
thereof, of any oral pathology or diseases;
3. Treatment plan proposed by the dentist; and
4. Treatment rendered to the patient. The patient record shall
clearly identify the dentist and the dental hygienist providing the
treatment with the dentist, specialty or dental hygienist license
number. The patient record shall include documentation of any
medications prescribed, administered or dispensed to the patient.
C. Whenever patient records a re released or transfe rred, the
dentist releasing or transferring the records shall maintain either
the original records or copies thereof and a notation shall be made
in the retained records indicating to whom the records were released
or transferred.
D. All claims being submitted 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 processin g 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 lost due to
system failure. Any electronic data system shall be capable of
producing a hard copy on demand.
F. All patient records shall be maintained for seven (7) years
from the date of treatment.
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G. Each licensed dentist shall retain a copy of each entry in
his or her patient appointment book or such other log, calendar,
book, file or computer data use d in lieu of an appointment book for
a period of no less than seven (7) years from the date of each entry
thereon.
SECTION 7. AMENDATORY 59 O.S. 2021, Section 328.32, as
last amended by Section 5, Chapter 220 , O.S.L. 2023 (59 O.S. Supp.
2023, Section 328.32), is amended to read as follows:
Section 328.32. A. The following acts or occurrences by a
dentist shall constitute grounds for which the penalties specified
in Section 328.44a of this title may be impose d by order of the
Board of Dentistry or be the basis for denying a new applicant any
license or permit issued by the Board:
1. Pleading guilty or nolo contendere to, or being convicted
of, a felony, a misdemeanor involving moral turpitude, any crime in
which an individual would be required to be a registered sex
offender under state law, any violent crime, Medicaid fraud,
insurance fraud, identity theft, embezzlement or a violation of
federal or state controlled dangerous substances laws;
2. Presenting to the Board a false dip loma, 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 t he practice of dentistry or failing
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to notify the Board of a licensee , permit holder, or other health
professional that is practicing while impaired or is in a state of
physical or mental health that the licensee or permit holder
suspects constitutes a thr eat to patient care within seventy-two
(72) hours of witness or belief of such conditions ;
4. Publishing a false, fraudulent, or misleading advertisement
or statement;
5. Authorizing or aiding an unlicensed person to practice
dentistry, to practice denta l hygiene or to perform a function for
which a permit from the Board is required;
6. Authorizing or aiding a dental hygienist to perform any
procedure prohibited by the State Dental Act or the rules of the
Board;
7. Authorizing or aiding a dental assista nt or oral
maxillofacial surgery assistant to perform any procedure prohibited
by the State Dental Act or the rules of the Board;
8. Failing to pay fees as required by the State Dental Act or
the rules of the Board;
9. Failing to complete continuing educ ation requirements;
10. Representing himself or herself to the public as a
specialist in a dental specialty without holding a dental specialty
license as listed in Section 328.22 of this title;
11. Practicing below the basic standard of care of a patient
which an ordinary pru dent dentist with similar training and
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experience within the local area would have provided including, but
not limited to, failing to complete proper training and demonstrate
proficiency for any procedure delegated to a dental hygieni st or
dental assistant;
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 l imited to repeated failures to follow
Centers for Disease Control and Prevention (CDC) or Occupational
Safety and Health Administration (OSHA) guidelines;
14. Being shown to be mentally unsound;
15. Being shown to be grossly immoral and that such condition
represents a threat to patient care or treatment;
16. Being incompetent to practice dentistry while delivering
care to a patient;
17. Committing gross negligence in the practice of dentistry;
18. Committing repeated acts of negl igence in the practice of
dentistry;
19. Offering to effect or effecting a division of fees, or
agreeing to split or divide a fee for dental services with any
person, in exchange for the person bringing or referring a patient;
20. Being involuntarily com mitted to an institution for
treatment for substance abuse, until recovery or remission;
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21. Using or attempting to use the services of a dental
laboratory or dental laboratory technician without issuing a
laboratory prescription, except as provided in su bsection C of
Section 328.36 of this title;
22. Aiding, abetting, or encouraging a dental hygienist
employed by the dentist to make use of an oral prophylaxis list, or
the calling by telephone or by use of letters transmitted through
the mail to solicit p atronage from patients formerly served in the
office of any dentist formerly employing such dental hygienist;
23. Having more than the equivalent of three full -time dental
hygienists for each dentist actively practicing in the same dental
office;
24. Allowing a person not hol ding a permit or license issued by
the Board to assist in the treatment of a patient without having a
license or permit issued by the Board;
25. Knowingly patronizing or using the services of a dental
laboratory or dental laboratory technician who has not complied with
the provisions of the State Dental Act and the rules of the Board;
26. Authorizing or aiding a dental hygienist, dental assistant,
oral maxillofacial surgery assistant, dental laboratory technician,
or holder of a permit to operate a dental laboratory to violate any
provision of the State Dental Act or the rules of the Board;
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27. Willfully disclosing information protected by the Health
Information Insurance Portability and Accountability Act of 1996,
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 administering any drug or treatment without
having established a valid dentist -patient relationship;
30. Using or administering nitrous oxide gas in a dental office
in an inappropriate or unauthorized manner;
31. Engaging in nonconsensual physical contact with a patient
which is sexual in nature, or engaging in a verbal communication
which is intended to be sexually demeaning to a patient;
32. Practicing dentistry without disp laying, at the dentist ’s
primary place of practice, the license issued to the dentist by the
Board to practice dentistry and the current renewal certificate;
33. Being dishonest in a material way with a patient or during
the practice of dentistry;
34. Failing to retain all patient records for at least seven
(7) years from the date of the last treatment as provided by Section
328.31b of this title, except that the failure to retain records
shall not be a violation of the State Dental Act if the dentist
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shows that the records we re 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 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
removed by another, without the consent of the dentist;
36. Allowing any corporation, organization, group, person, or
other legal entity, except another dentist or a professio nal 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 l imited 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 i n 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 Oklahoma Public Health Code;
37. Violating the state dental act of another state resulting
in a plea of guilty or nolo contendere, conviction or suspension or
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revocation or other sanction by another state board, of the license
of the dentist under th e laws of that state;
38. Violating or attempting to violate the provisions of the
State Dental Act or the rules of the Board, a state or federal
statute or rule relating to scheduled drugs, fraud, a violent crime
or any crime for which the penalty includ es the requirement of
registration as a sex offender in this state 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 tit le;
40. Failing to cooperate during an investigation or providing
false information, verbally or in writing, to the Board, the Board ’s
investigator or an agent of the Board;
41. Having multiple administrative or civil actions report ed to
the National Practitioner Data Bank;
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 purs uant to Section 2-309D of
Title 63 of the Oklahoma Statutes;
43. Falling below the basic standard of care of a licensed
dentist or dentist practicing in his or her specialty, a dental
hygienist, dental assistant, or other licensee or permit holder
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pursuant to the State Dental Act and Section 20.1 of Title 76 of the
Oklahoma Statutes; or
44. Failing to provide patient records as provided by Sections
19 and 20 of Title 76 of the Oklahoma Statutes.
B. Any person making a report in good faith to the Board or to
a peer assistance group regarding a professional suspected of
practicing dentistry while being impaired pursuant to paragraph 3 of
subsection A of this section shall be immune from any civil or
criminal liability arising from such reports.
C. The provisions of the State Dental Act shall not be
construed to prohibit any dentist from displaying or otherwise
advertising that the dentist is also currently licensed, registered,
certified or otherwise credentialed pursuant to the laws o f this
state or a nationally recognized credentialing board, if authorized
by the laws of the state or credentialing board to display or
otherwise advertise as a licensed, registered, certified, or
credentialed dentist.
SECTION 8. 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 December
of each year, every dentist, den tal hygienist, dental assistant,
oral maxillofacial surgery assistant and other licensee or permit
holders previously licensed or permitted by the Board of Dentistry
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to practice in this state, with the exception of those listed in
paragraph 2 of this subse ction, shall submit a completed renewal
application with information as may be required by the Board,
together with an annual renewal fee established by the rules of the
Board. Upon receipt of the annual renewal fee, the Board shall
issue a renewal certif icate authorizing the dentist, dental
hygienist, dental assistant or oral maxillofacial surgery assistant
to continue the practice of dentistry or dental hygiene,
respectively, in this state for a period of one (1) year. Every
license or permit issued by the Board shall begin on January 1 and
expire on December 31 of each year.
2. 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 ye ar.
B. Beginning July 1, 2021, continuing Continuing education
requirements shall be due at the end of each two -year period.
C. 1. Continuing education requirements for a dentist or
dental hygienist shall consist of:
a. a live, in-person cardiopulmonary resuscitation class
approved by the Board,
b. an ethics class approved by the Board,
c. for a dentist, two (2) hours of opioid and scheduled
drug prescribing classes, and
d. any combination of the following:
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(1) completion of classes at a university, coll ege or
technology center school accredited by the
Commission on Dental Accreditation (CODA) or
college courses related to dentistry, 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 clinics and
lecturing, for which t he 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 educati on
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 United States Department
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of Veteran Affairs or Armed Forces provided at a
government facility,
(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,
(8) uncompensated volunteer work at an event approved
by the Board not to exceed seven (7) hours for a
dentist or four (4) hours for a dental hygienist,
or
(9) practice-management-related courses not to exceed
four (4) hours for a dentist or tw o (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 ac ademic 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 dentists 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.
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4. A dentist or dental 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 dental hygienist for a minimum of eighteen
(18) months in a two -year continuing education cycle,
or
b. a licensed dentist or dental hygienist serving in the
reserve components of the armed forces as specified in
10 U.S.C., Section 10101, who is actively deployed
outside of the United States for a minimum of eighteen
(18) months in a two -year continuing education cycle.
D. 1. Dentists shall complete forty (40) hours of continuing
education with no mor e than twenty (20) hours to be completed
online. Hygienists Dental hygienists shall complete twenty (20)
hours of continuing education with no more than ten (10) hours to be
completed online. Interactive classes or webinar classes may, at
the discretion of the Board, count as in-person.
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.
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4. Any newly licensed dentist shall complete a two -hour opioid
and scheduled drug prescribing class within one (1) year of
obtaining licensure.
E. Upon failure of a dentist, dental hygienist, dental
assistant or oral maxillofacial surgery assistant to pay the a nnual
renewal fee within two (2) months after January 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 cancele d as of April 1
pursuant to subsection M of Section 328.21 of this title. A list of
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 as sistant whose license or permit is
automatically canceled by reason of failure, neglect or refusal to
secure the renewal certificate may be reinstated by the Board at any
time within one (1) year from the date of the expiration of the
license, upon payment of the annual renewal fee and a penalty fee
established by the rules of the Board. If the dentist, dental
hygienist, dental assistant, or oral maxillofacial surgery assistant
does not apply for renewal of the license or permit and p ay the
required fees within one (1) year after the license has expired,
then the dentist, dental hygienist, dental assistant or oral
maxillofacial surgery assistant shall be required to file an
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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.
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 a ny 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
thereof, the Board may issue a duplicate, charging therefor a fee
established by the rules of the Board.
I. A dentist, dental hygienist, oral maxillofacial surgery
assistant or dental assistant that is in good standing and not under
investigation that notifies the Board in writing of a voluntary
nonrenewal of license or r equests retirement sta tus shall have a
right to renew or reinstate his or her license within five (5) years
from the date of notice. The Board may require any training or
continuing education requirements to be met prior to reinstatement.
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 closed.
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SECTION 9. AMENDATORY 59 O.S. 2021, Section 328.43a, is
amended to read as follows:
Section 328.43a. A. 1. Upon the receipt of a complaint to the
Board of Dentistry alleging a violation of the State Dental Act or
other state or federal law by a licensee, permit holder or other
individual under the authority of the Board, the Board President
president shall assign up to three Board members as the review and
investigative panel. The remaining Board m embers shall constitute
the Board member jury panel. In the event the complaint is
anesthesia-related, the Board President president or acting
president may, at his or her discretion, add one or more members of
the anesthesia committ ee to the review and investigative and review
panel.
2. The review and investigative panel, in its discretion, may
notify the respondent of the complaint at any time prior to its
dismissal of the complaint or making a recommendation to the Board.
B. The review and investigati ve panel shall confer and shall
conduct or cause to be conducted any investigation of the
allegations in the complaint as it reasonably determines may be
needed to establish, based on the evidence available to the panel,
whether it is more likely than not that:
1. A violation of the provisions of the State Dental Act or the
rules of the Board has occurred; and
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2. The person named in the complaint has committed the
violation.
C. 1. In conducting its investigation, a review and
investigative panel may see k evidence, take statements, take and
hear evidence, and administer oaths and affirmations and shall have
any other powers as defined by the Administrative Procedures Act. A
review and investigative panel may also use Board attorneys and
investigators appointed by the Board to seek evidence.
2. The review and investigative panel shall not have contact or
discussions regarding the investigation with the other Board members
that shall be on the jury panel during the investigative phase .
3. No Board member that is a dentist living in the same
district as a dentist that is the subject of a complaint shall serve
on a review and investigative panel or on the Board member jury
panel.
4. All records, documents, and other materials during th e
review and investigative panel portion shall be considered
investigative files and not be subject to the Oklahoma Open Records
Act.
D. The Board President president or other member of the Board
shall act as the presiding administrative judge during any
proceeding. The presi ding administrative judge shall be allowed to
seek advice from judicial counsel or other legal counsel appointed
by the Board.
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E. The review and investigative and review panel shall have the
authority to:
1. Dismiss the complaint as unfounded;
2. Refer the case to mediation pursuant to the Oklahoma Dental
Mediation Act. The mediation panel shall report to the review and
investigative panel that a mediation was successful or refer the
matter back to the review and investigative pane l at which time they
will reassume jurisdiction or dismiss the complaint;
3. Issue a private reprimand, settlement agreement , or
remediation agreement that shall not include any restriction upon
the licensee’s or permit holder’s license or permit;
4. Assess an administrative fine not to exceed One Thousand
Five Hundred Dollars ($1,500.00) per violation pursuant to a private
settlement agreement; and
5. Issue a formal complaint for a hearing of the Board member
jury panel pursuant to Article II of the Adm inistrative Procedures
Act against the licensee or permit holder.
The review and investigative panel and the Board President
president shall have the authority to authorize the Executive
Director or the Board ’s attorney to file an injunction in district
court for illegal activity pursuant to the State Dental Act when
needed.
F. In the event of a majority of members of the Board being
recused from the Board member jury panel, the Board President
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president or presiding administrative judge shall appoint one or
more previous Board members with a current active license in good
standing to serve as a jury panel member.
G. Any action as set forth in paragraphs 1 through 3 of
subsection E of this section shall remain part of the investigation
file, and may be dis closed or used against the respondent only if
the respondent violates the settlement agreement or if ordered by a
court of competent jurisdiction.
H. The Board of Dentistry, its employees, independent
contractors, appointed committee members and other age nts shall keep
confidential all information obtained in the following
circumstances:
1. During an investigation into allegations of violations of
the State Dental Act, including but not limited to:
a. any review or investigation made to determine whether
to allow an applicant to take an examination, or
b. whether the Board shall grant a license, certificate,
or permit;
2. In the course of conducting an investigation;
3. Reviewing investigative reports provided to the Board by a
registrant; and
4. Receiving and reviewing exam ination and test scores.
I. The President president of the Board or presiding
administrative judge shall approve any private settlement agreement.
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J. The investigative review and investigative panel may make a
recommendation for an agreed settlement order to be approved by the
Board. The agreed settlement order may include any recommendation
agreed upon between the license holder including, but not limited
to, any penalty available to the Board pursuant to Section 328.44a
of this title.
K. A formal complaint issued by the review and investigative
panel shall specify the basic factual allegations and the provisions
of the State Dental Act, state law or rules that the license or
permit holder is alleged to have violated. The formal n otice of a
complaint shall be served to the license or permit holder either in
person, to their his or her attorney, by agreement of the
individual, by an investigator of the Board or a formal process
server pursuant to Section 2004 of Title 12 of the Okla homa
Statutes.
L. Any information obtained and all contents of any
investigation file shall be exempt from the provisions of the
Oklahoma Open Records Act.
SECTION 10. AMENDATORY 59 O.S. 2021, Section 328.44a, is
amended to read as follows:
Section 328.44a. A. The Board of Dentistry is authorized,
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 Bo ard finds, by clear
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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
entity operating pursuant to the p rovisions of 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 title prohibited by the State Dental Act
or rules of the Board :
1. Refusal to issue a license or permit, or a renewal thereof,
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 issu ed by the Board;
4. Imposition of an administrative 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 Bo ard;
7. Probation monitoring fees, which 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.
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B. A dentist, dental hygienist, dental assistant, oral
maxillofacial surgery assistant, dental laboratory technician, or
holder of a permit to operate a dental laboratory, against whom a
penalty is imposed by an order of the B oard pursuant to the
provisions of this section, shall have the 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 fo und guilty of a felony charge and is
sentenced to incarceration in a state or federal facility.
D. 1. A licensee or permit holder may petition 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 in clude allegations 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 the 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 license e
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including, but not limited to, pr obation 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
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 the
complaint; any actions by the licensee to better his or her
abilities as a practic ing 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 t o 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 se ttlement agreement pursuant to Section 328.43a
of this title.
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SECTION 11. 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 of Dentistry shall have the right
to surrender the license, permit, or certificate, in writing,
notarized, to the Board if the holder is in good standing with the
Board as determined, in its discretion, by the Board. The Board
shall accept such sur render 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 cert ificate 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 standing if an inve stigation of a complaint
is pending against the holder. The Board shall not accept a
surrender until a complaint is dismissed by the review panel, a
settlement agreement an agreed order or agreed order of surrender is
entered, or the Board determines that an individual proceed ing 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,
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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 pending
disciplinary action. No pe rson who surrenders a license, permit, or
certificate to the Board during a pending disciplinary action shall
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 juri sdiction over the holder of any
license, permit, or certificate for all disciplinary 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, permit s, or certificates,
whether the holder is or is not in good standing, shall be reported
to the national practitioner data bank National Practitioner Data
Bank with the notation in good standing or pending disciplinary
action.
SECTION 12. This act shall become effective November 1, 2024.
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Passed the Senate the 4th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the H ouse
of Representatives