Req. No. 11317 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) HOUSE BILL 2921 By: Pittman AS INTRODUCED An Act relating to professions and occupations; enacting the Dental Therapy Act; providing definitions; providing education, licensing, and examination requirements; limiting scope of practice; providing supervision requirements; preserving health care records; providing for codification; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329 .1 of Title 59, unless there is created a duplication in numbering, reads as follows: As used in the Dental Therapy Act: 1. "Dental therapist" means an individual licensed by the Board of Dentistry who engage s in the limited practice of dentistry ; 2. "Dental therapy" means the limited practice of dentistry, consisting of the services, treatments, and procedures specified under state law; 3. "Direct supervision" means that the dentist is present in the dental office or other practice setting, personally diagnoses Req. No. 11317 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the condition to be treated, personally authorizes each procedure, and, before dismissal of the patient, evaluates the performance o f the allied dental personnel ; 4. "General supervision" means that the dentist is not present in the dental office or other practice setting or on the premises at the time tasks or procedures are being performed by the dental therapist, but that the tasks or procedures performed by the dental therapist are being performed with the prior knowledge and consent of the dentist; 5. "Health care provider " means a dental therapist, dental hygienist, physician assistant, nurse -midwife, or nurse practitioner; 6. "Indirect supervision " means that the dentist is present in the dental office or other practice setting, authorizes each procedure, and remains in the office while the procedures are being performed by the allied dental personnel ; 7. "Qualifying dentist" means a dentist who is licensed in this state, who actively practices in this state; and 8. "Uninsured patient" means a patient who lacks dental health coverage, either through a public health care program or private insurance, and has an annual gross fa mily income equal to or less than two hundred percent (200%) of the federal poverty guidelines. Req. No. 11317 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.1 of Title 59, unless there is created a duplication in numbering, reads as follows: A. The examining board shall gran t a license to practice dental therapy to an individual who does all of the following: 1. Submits an application for the license to the Board of Dentistry on a form provided by the department; 2. Pays the fee specified in state laws ; 3. Submits evidence satisfactory to the examining board that he or she has done one of the following: a. graduated from an accredited dental therapy education program, b. graduated from a dental th erapy education program that was not accredited at the time of graduation, but that satisfies all of the following: (1) the program was approved by the Board of Dentistry on or before the effective date of this act, (2) the program was accredited as of the date the individual applies for a license under this subsection, c. graduated from a dental therapy education program located in Oklahoma that, at the time of graduation, was not fully accredited but had received initial Req. No. 11317 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 accreditation. This subparagraph applies to a dental therapy education program only during the four-year period beginning after the program 's inception. After those four (4) years have elapsed, an individual may not qualify for a license under this subsection on the basis of graduation f rom that program unless the program has subsequently become accredited. The examining board shall maintain a register of individuals granted a license on the basis of graduation from a program described in this subparagraph; 4. Submits evidence satisfact ory to the examining board that he or she has passed a national board dental t herapy examination and a dental therapy clinical examination administered by a regional testing service that has been approved by the examining board to administer clinical exami nations for dental professionals. If a national board examination or a regional testing service examination for dental therapy does not exist , the examining board shall accept evidence of passing an alternative examination administered by another entity or testing service that is approved by the examining board; 5. Passes an examination administered by the examining board on the statutes and rules relating to dental therapy ; Req. No. 11317 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6. Submits evidence satisfactory to the examining board that he or she has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator , achieved through instruction provided by an individual, organization, or institution of higher education approved by the state to provide such instruction; 7. If the individual was licensed or is currently licensed in another state or territory of the United States or in another country, the individual submits information related to his or her licensure in other jurisdictions as required by the examin ing board; 8. Completes any other requirements established by the examining board by rule that are comparable to and no more restrictive than the requirements established by the board for dentists and dental hygienists. B. The examining board may not ren ew a license to practice dental therapy unless the applicant for renewal attes ts that he or she has complied with state laws and regulations, that he or she has current proficiency in cardiopulmonary resuscitation, and that he or she has current proficienc y in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved by the state to provide such instruction. C. A person is not eligible for renewal of a li cense to practice dental therapy unless the person has taught, prepared, Req. No. 11317 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 attended, or otherwise completed, during the two-year period immediately preceding the renewal date specified, twelve (12) credit hours of continuing education relating to the clinica l practice of dental therapy that is sponsored or recognized by a local, state, regional, national, or international dental, dental therapy, dental hygiene, dental assist ance, or medical-related professional organization. D. Continuing education may inclu de training in any of the following: 1. Basic life support or cardiopulmonary resuscitation. Not more than two (2) credit hours may be satisfied by such training ; 2. Infection control training. Not less than two (2) of the credit hours required must be satisfied by such training. E. After consultation with the Oklahoma Board of Dentistry , the examining board may promulgate rules requiring that continuing education credit hours include courses in specific clinical subjects. 1. The credit hours required may be satisfied by independent study, correspondence, or Internet program s or courses. 2. This section does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the examining board initially g ranted the license. 3. A person may substitute credit hours of college level courses related to the practice of dental therapy for the credit Req. No. 11317 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 hours required. For purposes of this subsection, one (1) credit hour of a college level course is equivalent to six (6) credit hours of continuing education. 4. One (1) hour of teaching or preparing a continuing education program is equivalent to one (1) credit hour of continuing education, but a person who teaches or prepares a continuing education program may obt ain credit for one program only once. 5. The examining board may require applicants for renewal of a license to practice dental therapy to submit proof of compliance with the requirements of this section. SECTION 3. NEW LAW A new s ection of law to be codified in the Oklahoma Statutes as Section 329.2 of Titl e 59, unless there is created a duplication in numbering, reads as follows: A. Dental therapists may provide dental therapy services only as an employee of specified employers a nd only under the supervision of a dentist who is either similarly employed or who directly employs the dental therapist. The dental therapist must also have a collaborative management agreement with a dentist that addresses various aspects of the dental therapist's practice and supervision. Dental therapists are, subject to the t erms of a collaborative management agreement and what was covered in their dental therapy education program, limited to providing services, treatments, and specified procedures a s well as additional services, treatments, or procedures specified by the board by rule. Req. No. 11317 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. Dental therapists may initially provide dental therapy services only under the direct or indirect supervision of a qualifying dentist. Once a licensed dental therapist has provided dental therapy services for at least two thousand (2,000) hours, the dental therapist may provide services under the general supervision of a qualifying dentist. C. The level of supervision for a dental therapist may be further limited under the terms of a collaborative management agreement. D. Dental therapists must also either: 1. Limit their practice to federally defined dental shortage areas; or 2. Practice in settings where at least fifty percent (50%) of their patient base consi sts of certain specified populations. E. Dental therapists must complete twelve (12) hours of continuing education each biennium. F. Dental therapists are subject to and covered under various other state laws. G. No contract of employment entered into b etween a dentist or dental therapist and any other party under which the dentist or dental therapist renders dental services may require the dentist or dental therapist to act in a manner that violates the professional standards for dentistry or dental the rapy set forth in this act. Nothing in this subsection limits the ability of the other party to Req. No. 11317 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 control the operation of the dental practice in a manner in accordance with the professional standards for dentistry or dental therapy set for in this act. H. No contract of employment entered into between a dental therapist and any other party under which the dental therapist is employed to practice dental therapy may require a dental therapist to meet a minimum quota for the number of patients seen or the number of procedures performed. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.3 of Title 59, unless there is created a duplication in numbering, reads as follows: A. A dental hygienist may practice dental hygiene or perform remediable procedures only as authorized by a dentist or dental therapist who is licensed to practice dentistry or dental therapy under this chapter and who is present in the facility in which those practices or procedures are performed. B. A dental hygienist may practice dental hygiene or per form remediable procedures if a dentist or dental therapist who is licensed to practice dentistry or dental therapy under this chapter is not present in the facility in which tho se practices or procedures are performed only if all of the required conditions are met. Req. No. 11317 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.4 of Title 59, unless there is created a duplica tion in numbering, reads as follows: A. The scope of practice of a dental the rapist shall, subject to the terms of a collaborative management agreement, be limited to providing the following services, treatments, and procedures: 1. Oral evaluation and as sessment of dental disease and formulation of an individualized treatment plan ; 2. Identification of oral and systemic conditions requiring evaluation or treatment by dentists, physicians, or other health care providers and managing referrals ; 3. Comprehensive charting of the oral cavity ; 4. Oral health instruction and disease pr evention education, including nutritional counseling and dietary analysis ; 5. Exposure and evaluation of radiographic images ; 6. Dental prophylaxis, including subgingival scali ng and polishing procedures ; 7. Dispensing and administration via the oral or topical route of nonnarcotic analgesic, anti -inflammatory, and antibiotic medications as prescribed by a licensed health care provider ; 8. Application of topical preventative o r prophylactic agents, including fluoride varnish, antimicrobial agents, carie s arresting medicaments, and pit and fissure sealants ; 9. Pulp vitality testing ; Req. No. 11317 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 10. Application of desensitizing medications or resins ; 11. Fabrication of athletic mouth guar ds and soft occlusal guards; 12. Changing of periodontal dressings ; 13. Administration of local anesthetic and nitrous oxide ; 14. Simple extraction of erupted primary teeth ; 15. Nonsurgical extraction of periodontally diseased permanent teeth with tooth mobility of +3 to +4 to the extent authorized in the dental therapist 's collaborative management agreement, except for the extraction of a tooth that is unerupted, impacted, or fractured or that needs to be sectioned for removal ; 16. Emergency palliative treatment of dental pain limited to the procedures in this subsection; 17. Preparation and placement of direct restoration in primary and permanent teeth; 18. Fabrication and placement of single -tooth temporary crowns ; 19. Preparation and placement of preformed crowns on primary teeth; 20. Indirect and direct capping on perman ent teeth; 21. Indirect pulp capping on primary teeth ; 22. Intraoral suture placement and removal ; 23. Minor adjustment and repair of removable prostheses ; 24. Placement and removal of space maintainers ; 25. Pulpotomy on primary teeth ; Req. No. 11317 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26. Tooth reimplantation and stabilization ; 27. Recementing of a permanent crown ; 28. Any additional services, treatments, or procedures specified in state law. B. A dental therapist shall, except as otherwise provided, limit his or her practice of dental therapy to providing the services, treatments, and procedures covered by his or her dental therapy education program. If any service, treatment, or procedure was not covered by a dental therapist's dental therapy education program, the dental therapist may provide that service, treatment, or procedure if the dental therapist has subsequently received additional dental therapy educational training to provide that service, treatment, or procedure. C. Except as otherwise provided, a dental therapist licensed under this act may provide dental therapy services in this state only under the direct supervision or indirect supervision of a qualifying dentist with whom the dental therapist has entered into a collaborative management agreement. D. Once a dental therapist licensed under this act has provided dental therapy services for at least five hundred (500) hours and up to two thousand (2,000) hours under direct supervision or indirect supervision, the dental therapist may provide dental therapy services in this state under the general supervision of a qualifying Req. No. 11317 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 dentist with whom the dental therapist has entered into a collaborative management agreement. E. For purposes of the hours required unde r subsection D of this section, hours may include hours of providing dental therapy services in this state under direct supervision or indirect supervision of a qualifying dentist or hours of providing dental therapy services under direct supervision or in direct supervision while licensed as a dental therapist outside this state, bu t may not include any hours completed prior to graduating from the dental therapy education program. F. The level of supervision for a dental therapist may be further limited under the terms of a collaborative management agreement. G. A supervising dentist shall accept responsibility for all services performed by a dental therapist pursuant to a collaborative management agreement. If services needed by a patient are beyond the dental therapist's scope of practice or authorization under the collaborative management agreement, the dental therapist shall, to the extent required under the collaborative management agreement, consult with the supervising dentist as needed to arrange f or those services to be provided by a dentist or another qualified health care provider. H. Prior to providing any dental therapy services, a dental therapist shall enter into a written collaborative management Req. No. 11317 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 agreement with a qualifying dentist who will serve as a supervising dentist under subsection G of this section. The agreement must be signed by the dental therapist and the qualifying dentist and address all of the following: 1. The practice settings where services may be provided and the patient populations that may be served ; 2. Consistent with and subject to state law, any conditions or limitations on the services that may be provided by the dental therapist, the level of supervision required, and any circumstances requiring consultation prior to performing services ; 3. Age-specific and procedure -specific practice proto cols; 4. Dental record-keeping procedures; 5. A quality assurance plan for monitoring care provided by the dental therapist; 6. Protocols for administering and dispensing medi cations; 7. Criteria or protocols relating to the provision of care to patients with specific medical conditions, treatments, or medications; 8. Policies relating to supervision of dental hygienists and other staff; 9. A plan for the referral of patient s to other dental or health care providers or clinics when services needed are beyond the scope of practice or authorization of the dental therapist ; Req. No. 11317 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 10. Whether and to what extent the dental therapist may perform services described in the State Dental Ac t. I. A collaborative management agreement shall be limited to covering one qualifying dentist and one dental therapist. J. A dental therapist may enter into multiple collaborative management agreements. No dentist may have collaborative management agreements with more than four dental therapists at any time. A dental therapist may, subject to state law, provide dental therapy services only as an employee of one or more of the following: 1. A dentist with whom the dental therapist has enter ed into a collaborative management agreement ; 2. A dental practice; 3. A school district or the operator of a private school, or a tribal school; 4. The operator of a school for the education of dentists or dental hygienists; 5. A state or federal prison, a county jail, or other federal, state, county, or municipal correctional or detention facility, or a facility established to provide care for terminally ill patients ; 6. A local health department ; 7. A charitable institution open to the general public or to members of a religious sect or order ; 8. A nonprofit home health care agency ; Req. No. 11317 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 9. The operator of a nonprofit dental care program serving primarily indigent, economically disadvantaged, or migrant worker populations; 10. A health care employer, as defined b y state law. K. A dentist may not enter into a collaborative management agreement with a dental therapist unless the dentist directly employs the dental therapist as provided in paragraph 1 of subsection J of this section or the dentist is employed by or contracts with the dental therapist 's employer described in paragraphs 2 through 10 of s ubsection J of this section. L. A dental therapist shall at all times comply with at least one of the following: 1. Limit his or her practice to practicing in one or more dental health shortage areas. If a dental therapist begins practicing in a dental health shortage area and that area loses its designation as a dental health shortage area while the dental therapist continues to practice in that area, the dental ther apist is considered to satisfy this paragraph as long as the dental therapist continues to practice in that area ; 2. Practice in one or more settings in which at least fifty percent (50%) of the total patient base of the dental therapist consists of patients who are any of the following: a. medical assistance patients , b. uninsured patients, Req. No. 11317 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 c. patients receiving dental care at free and charitable clinics, d. patients receiving dental care at federally qualified health centers, e. patients who reside in lo ng-term care facilities , f. veterans, g. patients who are members of a federally recognized Indian tribe or band , h. patients receiving dental care at clinics or facilities, i. patients receiving dental care at clinics or facilities located on tribal lands , j. patients with medical disabilities or chronic conditions that create barr iers of access to dental care. SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 329.5 of Title 59, unless there is created a duplication in numbering, reads as follows: A. A person who manages or controls a business that offers dental, dental therapy, or dental hygiene services, including management or control of a business through which the person allows another person to offer dental, dental therapy, or dental hygiene services, shall preserve patient health care records for an amount of time determined by the examining board by rule. Req. No. 11317 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. A person who manages or controls a business that offers dental, dental therap y, or dental hygiene services, including management or control of a business through which the person allows another person to offer dental, dental therapy, or dental hygiene services, shall, upon request of a patient or person authorized by the patient, transfer the patient health care records of the patient to another person that the patient or person authorized by the patient specifies to receive the patient health care records. SECTION 7. NEW LAW A new section of law to be codifi ed in the Oklahoma Statutes as Section 329.6 of Title 59, unless there is created a duplication in numbering, reads as follows: A. A dentist or dental therapist who is licensed to practice dentistry under this act may delegate to an individual who is not licensed under this title only the performance of remediable procedures, and only if all of the following conditions are met: 1. The unlicensed individual performs the remediable procedures in accordance with a treatment plan approved by the dentist or dental therapist; 2. The dentist or dental therapist is on the premises when the unlicensed individual performs the remediable procedures ; 3. The unlicensed individual 's performance of the remediable procedures is subject to inspection by the dentist or de ntal therapist. Req. No. 11317 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. Subject to the requirements of state law, a dentist or dental therapist who is licensed to practice dentistry under this act may delegate to a dental hygienist who is licensed to practice dental hygiene under this act the performance of remediable procedures and the administration of oral system premedication, local anesthesia, nitrous oxide inhalation analgesia, and subgingival sustained released chemotherapeutic agents, to the extent the dentist or dental therapist has the authority to perform the activity personally. C. A dentist or dental therapist who delega tes to another individual the performance of any practice or remediable procedure is responsible for that individual 's performance of that delegated practice or procedure. D. The examining board may, without further notice or process, limit, suspend, or revoke the license or certificate of any dentist, dental therapist, or dental hygienist, or the registration of a mobile dentistry program registrant, who fails, within sixty (60) days after the mailing of written notice to the dentist 's, dental therapist's, dental hygienist's, or registrant' last-known address, to renew the license, certificate, or registration. E. The examining board may make investigations and conduct hearings in regard to any alleged action of any dentist, dental therapist, dental hygienist, or expanded function dental auxiliary, of a mobile dentistry program registrant, or of any other person it Req. No. 11317 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 has reason to believe is engaged in or has engaged in the practic e of dentistry, dental therapy, or dental hygiene, or the operation of a mobile dentistry program, in this state, and may, on its own motion, or upon complaint in writing, reprimand any dentist, dental therapist, dental hygienist, or expanded function dent al auxiliary who is licensed or certified under this act, or any mobile dentistry program registrant, or deny, limit, suspend, or revoke his or her license or certificate, or the registration of the mobile dentistry program registrant, if it finds that the dentist, dental therapist, dental hygienist, expanded function dental auxilia ry, or mobile dentistry program registrant has done any of the following: 1. The health care provider having been convicted of a crime, the circumstances of which substantially relate to the practice of dentistry, dental therapy, or dental hygiene, the practice of an expanded function dental auxiliary, or the operation of a mobile dentistry program; 2. Violated this act or any federal or state statute or rule that relates to the practice of dentistry, dental therapy, dental hygiene, or an expanded functio n dental auxiliary, or the operation of a mobile dentistry program; 3. Subject to state law, practiced dentistry, dental therapy, or dental hygiene or as an expanded function de ntal auxiliary while his or her ability was impaired by alcohol or other drugs; Req. No. 11317 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. Engaged in conduct that indicates a lack of knowledge of, an inability to apply, or the negligent application of principles or skills of dentistry, dental therapy, or denta l hygiene or the practice of an expanded function dental auxiliary. The examining board shall immediately revoke the license to practice dental therapy granted under State Dental Act of an individual who qualified for the license on the basis of graduatio n from a dental therapy education program if, upon the conclusion of the four-year period the program is not accredited. If the program subsequently becomes accredited, the examining board may allow reinstatement of a revoked license described in this subsection. SECTION 8. This act shall become effective November 1 , 2025. 60-1-11317 TKR 01/15/25