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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 439 By: Bergstrom
AS INTRODUCED
An Act relating to diagnostic x-ray systems; amending
59 O.S. 2021, Section 328.15, as last amended by
Section 2, Chapter 46, O.S.L. 2 024 (59 O.S. Supp.
2024, Section 328.15), which relates to powers and
duties of the Board of Dentistry; requiring the Board
to enforce certain state and federal laws; amending
63 O.S. 2021, Section 1 -1503, which relates to
diagnostic x-ray systems; providi ng certain
exception; giving certain power and duty to the
Board; requiring the Board to submit certain data to
the State Department of Health; limiting certain fee
schedule; updating statutory language; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 328.15, as
last amended by Section 2, Chapter 46, O.S.L. 2024 (59 O.S. Supp.
2024, Section 328.15), is amended to read as follows:
Section 328.15. A. Pursuant to and in compliance with Article
I of the Administrati ve 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 a nd to
implement and enforce the provisions of the State Dental Act.
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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;
2. Affiliate by contract or cooperat ive agreement with another
state or combination of states for the purpose of c onducting
simultaneous regional examinations of applicants for a license to
practice dentistry, dental hygiene, or a dental specialty;
3. Maintain a list of the name, current ma iling 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 expenditure s of the Board for each fiscal year;
5. Within limits prescribed in the State Dental Act, set 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 dent ist, dental
hygienist, dental assistant, oral maxillofacial surgery assistant,
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dental laboratory technician, or holder of a permit to operate a
dental laboratory who has violated the State Dental Act or the rules
of the Board;
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 surgery assistants to perform expanded duties;
11. Establish continuing education requir ements for dentists,
dental hygienists, dental assistants and oral maxillofacial surgery
assistants who hold permits issued by the Board;
12. Recognize the parameters and standards of care established
and approved by the American Dental Association or ano ther
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 practice 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 and to enforce all state and federal laws pertaining
to the use of diagnostic x -ray systems or other sources of radiation
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used for treatment purposes that occur in a dental office including,
but not limited to, the Diagnostic X -Ray Facility Act;
14. Seek and receive advice and assistance of the Office of t he
Attorney General of this state;
15. Promote the dental health and the education of dental
health of the people of this state;
16. Inform, educate, and advise all persons who hold a license
or permit issued by the Board, or who are otherwise regulated by the
Board, regarding the State Dental Act and the rules of the Board;
17. Affiliate with the American Association of Dental Boards as
an active member, pay regular dues, and send members of the Board as
delegates to its meetings;
18. Enter into contra cts;
19. Acquire by purchase, lease, gift, solicitation of gift or
by any other manner, hold, encumber, and dispose of personal
property as is needed, maintain, use and operate or contract for the
maintenance, use and operation of or lease of any and all property
of any kind, real, personal or mixed or any 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
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21. Take all other actions necessary to implement and enforce
the State Dental Act.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -1503, is
amended to read as follows:
Section 1-1503. A. The Except as provided by subsection C of
this section, the State Department of Health is hereby designated as
the official agency of the State of Oklahoma this state for all
regulatory activities pertaining to health and safety in the use of
diagnostic x-ray systems, and shall act as the coordinating agency
for the purpose of cooperating with other states, the United States
Public Health Service and other federal agencies in the
administration of programs relating to diagn ostic x-ray systems,
available to the State of Oklahoma this state under federal laws;
and it shall encourage, participate in, and conduct studies,
investigations, training, rese arch and demonstrations relating to
constructive uses of diagnostic x -ray systems and the prevention and
control of its associated harmful effects or unnecessary exposure,
the effects to health on exposure to x -rays, and related problems.
B. Nothing in the Diagnostic X-Ray Facility Act shall interfere
with the doctor-patient relationship of any licensed member of the
healing arts; nor shall anything in the Diagnostic X -Ray Facility
Act prohibit a licensed practitioner of the healing arts, or an
individual under the direction of such licensed practitioner, from
using x-rays or other sources of radiation and/or or fluoroscopes
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for diagnostic, research or treatment purposes, as authorized under
the Practitioner’s Licensing Act practitioner’s licensing act ,
provided the radiation devices and the related facilities of the
practitioner shall comply with the rules and regulations promulgated
under the provisions of the Diagnostic X -Ray Facility Act.
C. Beginning on the effective date of this act, the Board of
Dentistry shall have the power and duty to conduct all regulatory
activities pertaining to health and safety in the use of diagnostic
x-ray systems or other sources of radiation used for treatment
purposes that occur in a dental office. The Board shall gather and
submit data and statistics required by state and federal law to the
State Department of Health annually or as requested. The fee
schedule for inspections conducted by the Board under this
subsection shall not exceed the fee schedule set by the State
Commissioner of Health as of the effective date of this act for
inspections of diagnostic x -ray systems at diagnostic x -ray
facilities.
SECTION 3. This act shall become effective January 1, 2026.
60-1-1140 DC 1/7/2025 6:51:03 PM