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ENGROSSED SENATE
BILL NO. 669 By: Gillespie of the Senate
and
Roe of the House
An Act relating to the practice of dentistry;
amending 59 O.S. 2021, Section 328.2, which relates
to declarations; conforming language; updating
statutory language; a mending 59 O.S. 2021, Section
328.3, as last amended by Section 1, Chapter 46,
O.S.L. 2024 (59 O.S. Supp. 2024, Section 328.3),
which relates to definitions; defining term;
conforming language; amending 59 O.S. 2021, Section
328.17, which relates to standi ng committees; adding
certain authorized programs; amending 59 O.S. 2021,
Section 328.19, as amended by Section 2, Chapter 158,
O.S.L. 2022 (59 O.S. Supp. 2024, Section 328.19),
which relates to acts constituting practice of
dentistry; conforming language; amending 59 O.S.
2021, Section 328.21, as last amended by Section 3,
Chapter 46, O.S.L. 2024 (59 O.S. Supp. 2024, Section
328.21), which relates to application for license;
updating statutory language; expanding eligibility
for license by credentials; ame nding 59 O.S. 2021,
Section 328.23a, as last amended by Section 4,
Chapter 46, O.S.L. 2024 (59 O.S. Supp. 2024, Section
328.23a), which relates to special volunteer
licenses; modifying authority of volunteer licensees
to use anesthesia; amending 59 O.S. 20 21, Section
328.24, as last amended by Section 5, Chapter 46,
O.S.L. 2024 (59 O.S. Supp. 2024, Section 328.24),
which relates to dental assistant permits; modifying
qualifications for dental assistant permit;
eliminating oral maxillofacial permit; creating oral
maxillofacial expanded duty permit for dental
assistants; describing permit; modifyi ng certain
expanded duty qualifications; clarifying certain
restrictions on practice; amending 59 O.S. 2021,
Section 328.25, which relates to oral maxillofacial
surgery expanded duty permit; modifying and removing
requirements for permitting and supervision;
conforming language; amending 59 O.S. 2021, Section
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328.26, which relates to interns; adding dental
hygiene students to certain provisions; authorizing
dental student interns to perform certain services;
amending 59 O.S. 2021, Section 328.27, which rela tes
to faculty licenses; providing for research faculty
permit; amending 59 O.S. 2021, Section 328.28a, which
relates to applicant criminal background check;
modifying grounds for license denial; amending 59
O.S. 2021, Section 328.29a, as amended by Section 5,
Chapter 158, O.S.L. 2022 (59 O.S. Supp. 2024, Section
328.29a), which relates to penalties for dental
assistants; conforming language; amending 59 O.S.
2021, Section 328.31a, which relates to use of trade
names; removing certain conditions for use of trade
names; amending 59 O.S. 2021, Section 328.31b, as
amended by Section 6, Chapter 46, O.S.L. 2024 (59
O.S. Supp. 2024, Section 328.31b), which relates to
patient recordkeeping requirements; requiring certain
in-person examination; adding certain requirements;
requiring certain notice of closure; amending 59 O.S.
2021, Section 328.32, as last amended by Section 7,
Chapter 46, O.S.L. 2024 (59 O.S. Supp. 2024, Section
328.32), which relates to penalties for dentists;
conforming language; amending 59 O.S. 2 021, Section
328.41, as last amended by Section 8, Chapter 46,
O.S.L. 2024 (59 O.S. Supp. 2024, Section 328.41),
which relates to license renewals; modifying
exemptions from continuing education requirements;
modifying requirements for license reinstatement;
conforming language; amending 59 O.S. 2021, Section
328.44a, as amended by Section 10, Chapter 46, O.S.L.
2024 (59 O.S. Supp. 2024, Section 328.44a), which
relates to penalties; conforming language; amending
59 O.S. 2021, Section 328.51a, which relates to fees;
conforming language; amending 59 O.S. 2021, Section
328.55, which relates to death of patient; limiting
effect of certain requirement; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 328.2, is
amended to read as follows:
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Section 328.2. The practice of dentistry in the State of
Oklahoma is hereby de clared to affect the public health, safety and
general welfare and to be subject to regulation and control in the
public’s best interest. It is further declared to be a matter of
public interest and concern that the dental profession, through
advancement and achievement, merits and receives the confidence of
the public and that only properly qualified dentists be permitted to
practice dentistry and supervise dental hygienists , and dental
assistants and oral maxillofacial surgery assistants in the State of
Oklahoma this state. All provisions of this act relating to the
practice of dentistry, the practice of dental hygiene, and the
procedures performed by dental assistants and oral maxillofacial
surgery assistants, and the fabrication of dental appliances in
dental laboratories by dental laboratory technicians shall be
liberally construed to carry out these objects and purposes.
SECTION 2. AMENDATORY 59 O.S. 2021, Section 328.3, as
last amended by Section 1, Chapter 46, O.S.L. 2024 ( 59 O.S. Supp.
2024, 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 co llege” means an institution whose
dental educational program is accredited by the Commission on Dental
Accreditation of the American Dental Association;
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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;
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 Associati on or a class
approved by the Board of Dentistry;
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 slow
speed hand piece with a prophy/polishing cup or brush and polishing
agent and is not prophylaxis. To be considered prophylaxis,
examination for calculus and scaling must be 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
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impaired. Patients may require assistance in maintaining a patent
airway, and spontaneous ventilation may be inadequate.
Cardiovascular function is usually maintained;
9. “Dentistry” means the practice of dentistry in all of its
branches;
10. “Dentist” means a graduate of an accredited dental college
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 th e 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 appliance” means a dental appliance, prosthetic
denture, bridge, restoration , or other device made for an individual
patient for a purpose listed in Section 328.19 of this title;
13. “Dental office” means an establishment owned and operated
by a dentist for the practice of dentistr y, which may be composed of
reception rooms, business offices, private offices, laboratories,
and dental operating rooms where dental operations are performed;
13. 14. “Dental hygiene” means the science and practice of the
promotion of oral health and pre vention and treatment of oral
disease through the provision of educational, therapeutic, clinical,
and preventive services;
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14. 15. “Dental hygienist” means an individual who has
fulfilled the educational requirements and is a graduate of an
accredited 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 defined in this section;
15. 16. “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 Sta te 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. 17. “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. 18. “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
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must be rendered only to the prescribing dentist and not to the
public;
18. 19. “Dental laboratory technology ” means using materials
and mechanical devices for the construction, reproduction or repair
of dental restorations, appliances or other devices to be worn in a
human mouth;
19. 20. “Dental specialty” means a specialized practice of a
branch of dentistry, recognized by the Board, where the dental
college and specialty program are accredited by the Commission on
Dental Accreditation (CODA), or a dental specialty recognized by the
Board, requiring a minimum number of hours of approved education and
training and/or recognition by a nationally recognized association
or accreditation board;
20. 21. “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 , or dental assistant, or oral
maxillofacial surgery assis tant. The supervising dentist 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;
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21. 22. “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. 23. “Expanded duty” means a dental procedure for which a
dental assistant has received special training in a course of study
approved by the Board;
23. 24. “Fellowship” means a program designed for post -
residency graduates to gain knowledge and experience in a
specialized field;
24. 25. “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 ofte n 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. 26. “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 reasonable time as determined by the nature of
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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 oral maxillofacial surgery assistant or
a dental assistant except as provided by Section 328.58 of this
title;
26. 27. “Indirect supervision ” means the supervisory dentist is
in the dental office or treatment facility and has perso nally
diagnosed any conditions to be treated, authorizes the procedures to
be 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 treatmen t 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. 28. “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. 29. “Laboratory prescriptio n” means a written description,
dated and signed by a dentist, of dental laboratory technology to be
performed by a dental laboratory technician;
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29. 30. “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 cardiovas cular functions are
unaffected;
30. 31. “Mobile dental anesthesia provider ” means a licensed
and anesthesia-permitted dentist, physician or Certified Registered
Nurse Anesthetist (CRNA) that has a mobile dental unit and provides
anesthesia in dental offic es and facilities in the state;
31. 32. “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 organization
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 wor k
provided to patients other than donations through the affiliated
church or religious organization; provided, that the volunteer
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mobile dental facility shall be exempt from any registration fee
required under the State Dental Act;
32. 33. “Moderate sedation” means a drug-induced depression of
consciousness during which patients respond purposefully to verbal
commands, either alone or accompanied by light tactile stimulation.
No interventions are required to maintain a patent airway, and
spontaneous ventilation is adequate. Cardiovascular function is
usually maintained;
33. 34. “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 crown 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. 35. “Patient” or “patient of record” means an individual
who has given a medical history and has been examined and accepted
by a dentist for dental care;
35. 36. “Residencies” are programs designed for advanced
clinical and didactic training in general dentistry or other
specialties or other spe cialists at the post -doctoral level
recognized by the Commission on Dental Accreditation (CODA) or the
Board;
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36. 37. “Supervision” means direct supervision, direct visual
supervision, indirect supervision or general supervision;
37. 38. “Teledentistry” means the remote delivery of dental
patient care via telecommunications and other technology for the
exchange of clinical information and images for dental consultation,
preliminary treatment planning and patient monitoring; and
38. 39. “Treatment facility” means:
a. a federal, tribal, state or local public health
facility,
b. a Federally Qualified Health Center (FQHC),
c. a private health facility,
d. a group home or residential care facility serving the
elderly, 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 accredited by the
Commission on Dental Accreditation, or
l. such other places as are authorized by the Board.
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SECTION 3. AMENDATORY 59 O.S. 2021, S ection 328.17, is
amended to read as follows:
Section 328.17. A. 1. The Board of Dentistry shall have the
following standing committees that shall meet once per year and
other times as needed to study issues affecting the practice of
dentistry and the safety of the public and to make recommendations
to the Board:
a. Dental Practice Committee,
b. Anesthesia Committee,
c. Specialty Practice Committee,
d. Historical and Retirement Committee, and
e. Assistants, Dental Labs and Other Auxiliary Personnel
Committee.
2. Each committee shall be cochaired by a current or past Board
member to be appointed by the Board President with approval by the
Board and a member of a statewide organization representing dentists
as recommended by such organization ;.
3. Each committee may have up to ten committee members with the
exception of the Anesthesia Committee which may have up to eighteen
members, exclusive of the cochairs ;.
4. The Board President, with approval of the Board, shall
appoint all committee members. One -half (1/2 or 50%) of the
committee members shall be recommended by the Board and one -half
(1/2 or 50%) of the committee members shall be recommended to the
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Board President by a statewide organization representing dentists ;
and.
5. Committee members shall be on staggered three-year terms and
shall serve at the pleasure of the Board.
B. There shall be a Dental Hygiene Advisory Committee to be
composed of the following members:
1. One current dental hygiene member of the Board;
2. Two dental hygienists recom mended by the Board and two
dental hygienists recommended by a statewide organization
representing dental hygienists;
3. The Committee shall have the following functions:
a. to develop and propose recommendations to the Board
regarding the education, exam ination, licensure, and
regulation of dental hygienists,
b. to advise the Board in rulemaking regarding dental
hygiene,
c. to hold meetings at least annually, but not more than
six (6) times a year, and
d. to work directly with the Allied Dental Education
Committee in reviews and recommendations for
equivalent dental hygiene programs; and
4. Members of the Committee shall be appointed by the Board and
shall serve a term of three (3) years. Appointments shall be made
so that approximately one -third (1/3 or 33%) of the Committee is
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reappointed at any given time. Members may be appointed for
consecutive terms if recommended by the Board President and approved
by the Board.
C. There shall be an Allied Dental Education Committee.
1. The Board President shall appoint all members of the Allied
Dental Education Committee upon approval by the Board;
2. The Allied Dental Education Committee shall:
a. review the standards and equivalency of in -state and
out-of-state dental and auxiliary program requirements
and make recommendations to the Board,
b. evaluate individual credentials and programs for the
purpose of issuing dental assistant expanded duty
permits and dental hygiene advanced procedure permits
from persons holding out -of-state licenses and permits
based on CODA or DANB programs and criteria as defined
by the State Dental Act and other statutes and shall
make recommendations to the Board,
c. recommend standards and guidelines and review criteria
for all expanded duty programs or courses for dental
assistants from CODA approved programs and non -CODA
approved providers and advanced procedures of dental
hygienists from CODA approved programs or training and
non-CODA approved programs or training to the Board,
and
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d. recommend and develop guidelines for classroom ,
electronic media and other forms of education and
testing;
3. The Committee shall meet as deemed necessary by the Board
President; and
4. The Committee may have up to ten (10) members of whom three
shall have a background in dental education. The Comm ittee shall be
composed of:
a. the Board President or his or her designee who must be
a current or past Board Member,
b. the hygiene member of the Board or their designee who
must be a current or past Board Member,
c. the Dean of the University of Oklahoma College of
Dentistry or his or her designee, and
d. up to seven at-large members, one of which must be an
educator and one of which must have a current
Certified Dental Assistant Permit.
D. The Board President shall have the authority to appoint
other ad hoc committees as needed.
E. All Committee members of standing committees, the Hygiene
Committee and the Allied Dental Education Committee shall serve
staggered three-year terms and serve at the pleasure of the Board.
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SECTION 4. AMENDATORY 59 O.S. 2021, Section 328.19, as
amended by Section 2, Chapter 158, O.S.L. 2022 (59 O.S. Supp. 2024,
Section 328.19), is amended to read as follows:
Section 328.19. A. The following acts by any person shall be
regarded as practicing dentistry within the meaning of the State
Dental Act:
1. Representing oneself to the public as being a dentist or as
one authorized to practice dentistry;
2. Representing oneself to the public as being able to diagnose
or examine clinical material or contract for the treating thereof;
3. Representing oneself as treating or professing to treat by
professional instructions or by advertised use of professional
equipment or products;
4. Representing oneself to the public as treating any of the
diseases or disorders or lesions of the oral cavity, teeth, gums,
maxillary bones, and associate structures;
5. Removing human teeth;
6. Repairing or filling cavities in human teeth;
7. Correcting or attempting to correct malposed teeth;
8. Administering anesthetics, genera l or local;
9. Treating deformities of the jaws and adjacent structures;
10. Using x-ray and interpreting dental x -ray film;
11. Offering, undertaking or assisting, by any means or
methods, to remove stains, discolorations, or concretions from the
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teeth; provided, that this paragraph shall not preclude or prohibit
the sale of any teeth whitening kit designed for self -administration
as approved by the United States Food and Drug Administration;
12. Operating or prescribing for any disease, pain, injury,
deficiency, deformity, or any physical condition connected with the
human mouth;
13. Taking impressions of the teeth and jaws;
14. Furnishing, supplying, constructing, reproducing, or
repairing, or offering to furnish, supply, construct, reproduce, or
repair, prosthetic dentures, sometimes known as plates, bridges, or
other substitutes for natural teeth for the user or prospective user
thereof;
15. Adjusting or attempting to adjust any prosthetic denture,
bridge, appliance, or any other structure to be w orn in the human
mouth;
16. Diagnosing, making, and adjusting appliances to artificial
casts of malposed teeth for treatment of the malposed teeth in the
human mouth, without instructions;
17. Writing a laboratory prescription to a dental laboratory or
dental laboratory technician for the construction, reproduction or
repair of any appliance or structure to be worn in the human mouth;
18. Owning, maintaining, or operating an office or offices by
holding a financial interest in same for the practice of de ntistry;
or
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19. Any other procedure otherwise defined in the State Dental
Act requiring a valid license or permit to perform while the person
does not hold such valid license or permit issued by the Board.
B. The fact that a person uses any dental degree , or
designation, or any card, device, directory, poster, sign or other
media representing oneself to be a dentist shall be prima facie
evidence that the person is engaged in the practice of dentistry;
provided that nothing in this section shall be so cons trued as to
prevent the following:
1. Physicians or surgeons, who are licensed under the laws of
this state, from administering any kind of treatment coming within
the province of medicine or surgery;
2. The practice of dentistry in the discharge of the person’s
official duties by dentists in the United States Army, the United
States Navy, the United States Air Force, the United States Marine
Corps, the United States Coast Guard, the United States Public
Health Service, or the United States Veterans Admin istration;
3. Dental schools or colleges, as now conducted and approved,
or as may be approved, and the practice of dentistry by students in
dental schools, colleges or hospitals, approved by the Board, when
acting under the direction and supervision of l icensed dentists or
dentists holding properly issued permits acting as instructors;
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4. Acts of a dental clinician or other participant at a dental
educational meeting or at an accredited dental college, when no fee
is charged to or paid by a patient;
5. The practice of dental hygiene, as defined herein, by a
person granted a license by the Board;
6. The performing of acts by a dental assistant or oral
maxillofacial surgery assistant who performs the acts under the
direct supervision or direct visual supe rvision of a dentist and in
accordance with the provisions of the State Dental Act and the rules
promulgated by the Board; or
7. The fabrication of dental appliances pursuant to a
laboratory prescription of a dentist, by a dental laboratory
technician in a dental laboratory using inert materials and
mechanical devices for the fabrication of any restoration, appliance
or thing to be worn in the human mouth.
SECTION 5. AMENDATORY 59 O.S. 2021, Section 328.21, as
last amended by Sect ion 3, Chapter 46, O.S.L. 2024 (59 O.S. Supp.
2024, Section 328.21), is amended to read as follows:
Section 328.21. A. No person shall practice dentistry or,
dental hygiene, or dental assisting 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:
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1. Is of good moral character;
2. Is twenty-one (21) years of age, or over, at the time of
making application to practice dentistry or eighteen (18) years of
age, or over, if the applicant is to practice dental hygiene;
3. Has passed a written theoretical examination and a clinical
examination approved by the Board within the previous five (5)
years; and
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 d entistry 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
3. Has passed all portions of the National Board Dental
Examination or the National Board Dental Hygiene Examination.
D. Pursuant to Section 328.15 of this title, the Board may
affiliate as a member st ate, and accept regional exams from the
Commission on Dental Competency Assessments (CDCA -WREB-CITA) if the
following requirements are included:
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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 f ollowing components on
a live patient or manikin:
a. clinical patient treatments with an evaluation of
specific clinical skills, and
b. evaluation of the candidate ’s compliance with
professional standards during the treatment as
approved by the Board in Se ction 328.15 of this title
and shall include:
(1) extra/intra oral assessment,
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(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 place to be fixed by the
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) month s.
F. The Board shall require every applicant for a license to
practice dentistry or dental hygiene to submit, for the files of the
Board, a copy of a dental degree or dental hygiene degree, an
official transcript, a recent photograph duly identified and
attested, and any other information as required by the Board.
G. Any applicant who fails to pass the jurisprudence
examination may apply for a second examination, in which case the
applicant shall pay a reexamination fee as established by the
statutes or rules of the State Dental Act.
H. A dentist or dental hygienist currently licensed in another
state having met the qualifications in paragraphs 1 through 3 of
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subsections B and C of this section may apply for a license by
credentials upon meeting the foll owing:
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 eq uivalent to the
requirements for this state may apply for licensure by credentials;
2. A dental hygienist holding a dental hygiene license in good
standing and having practiced for at least four hundred twenty (420)
hours within the previous five (5) year s 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 al l states in which the
applicant has ever been licensed, and
b. any other requirements as set forth by the rules; and
3. An applicant applying 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 ; and
4. The spouse of an active duty military member pursuant to a
current permanent change of station order from the military who was
actively licensed in another s tate for the previous two (2) years
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shall be eligible for a license or permit pursuant to the
requirements listed in 50 U.S.C., Section 4025(a) .
I. 1. There shall be 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,
f. venipuncture, and
g. elder care and public health pursuant to Section
328.58 of this 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 anesthesia shall additionally require proof
of passage of such advanced procedure in a CDCA -WREB-CITA exam.
3. For all advanced procedures other than administration of
local anesthesia, a dental hygienist may apply by filling out an
application with required documentation of training as required by
state law and rules of the Board. A dental hygienist license d by
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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 to two (2) years of practice using lasers.
4. All advanced procedures shall be added to the denta l hygiene
license upon approval.
J. All licensees and permit holders shall display the current
permit or license in a visible place within 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 governmental officials have declared
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 issue 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 governmental officials.
M. Every licensee or permit holder shall have an official
address and email address listed with the Board. Every licensee or
permit holder shall update the address within thirty (30) calendar
days of moving. Official notification of any action of the Board
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adverse to a licensee or permit holder including but not limited to
notification of license or pe rmit cancellation due to nonrenewal,
notice of a formal complaint, or a decision of the hearing panel or
board, shall be served to the licensee or permit holder by
registered mail at the official address, in person, to the
licensee’s or permit holder’s attorney, by agreement of the
individual, by a process server, or by an investigator of the Board
pursuant to Section 2004 of Title 12 of the Oklahoma Statutes.
SECTION 6. AMENDATORY 59 O.S. 2021, Section 328.23a, as
last amended by Section 4, Chapter 46, O.S.L. 2024 (59 O.S. Supp.
2024, Section 328.23a), is amended to read as follows:
Section 328.23a. A. There is established a special volunteer
license for dentists and a special volunteer license for dental
hygienists who are retir ed from active practice or out -of-state
licensees in active practice who are in the Oklahoma Medical Reserve
Corps or assisting with emergency management, emergency 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 the State Department of Health
and wish to donate their expertise for the dental care and treat ment
of indigent and needy persons of the state. A special volunteer
license may also be issued for any live patient training approved by
the Board of Dentistry. The special volunteer license shall be:
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1. Issued by the Board of Dentistry to eligible per sons;
2. Issued without the payment of an application fee, license
fee or renewal fee;
3. Issued or renewed without any continuing education
requirements for a period less than one (1) calendar year; and
4. Issued for one (1) calendar year or part there of.
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 volunteer dental or dental hygiene
license application including documentation of the dental or dent al
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,
revoked, or subject to any agency order limiting or restricting
practice privileges, or has been voluntarily terminated under threat
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of sanction, the dentist or dental hygienist shall be ineligible to
receive a special volunteer license;
3. Acknowledgement and docume ntation that the dentist ’s or
dental hygienist’s practice under the special volunteer license will
be exclusively and totally devoted to providing dental care to needy
and indigent persons in this state;
4. Acknowledgement and documentation that the denti st 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 p erson will be
completing volunteer work under the special volunteer license.
D. The Board of Dentistry shall have jurisdiction over
dentists, dental hygienists, dental assistants and dental
technicians who volunteer their professional services in the stat e.
Dental assistants and dental technicians shall work under the direct
supervision of a dentist.
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 ini tiative who are not dentists or dental
hygienists shall be named and provided on a list to the Board by the
entity hosting the volunteer initiative with any other requirements
as set forth by the Board. The Board shall provide written
documentation to the host entity designating all persons who may
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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 shall be limited to specific dates and
locations of services to be provided.
F. All persons providing care shal l do so under the provisions
specified in Section 328.1 et seq. of this title or rules
promulgated by the Board. Only those functions authorized by law or
administrative rule shall be performed by the named person approved
by the Board.
G. Volunteers shall not use sedation or general be limited to
topical and local anesthesia during volunteer procedures.
H. Volunteers shall use a form to be provided by the Board for
any patient with clear instructions for any and all follow -up care.
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.
J. A special volunteer license shall be restricted to services
provided at the locations listed on the application or for a
specific not-for-profit treatment provider group as approved by the
Board.
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K. A special volunteer license may be issued to a dentist with
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 7. AMENDATORY 59 O.S. 2021, Section 328.24, as
last amended by Section 5, Chapter 46, O.S.L. 2024 (59 O.S. Supp.
2024, Section 328.24), is amend ed to read as follows:
Section 328.24. A. No person shall practice as a dental
assistant or oral maxillofacial surgery assistant for more than one
(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 shall work under the
direct visual supervision of a dentist at all times without first
applying for and obtaining a permit from the Board of Dentistry .
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 background check
with criteria establ ished by the Board.
C. Beginning January 1, 2020, every 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 January 1, 2020, shall complete an infection -control class
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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 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 that 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;
6. Venipuncture;
7. Elder care and public health; or
8. Assisting Oral maxillofacial surgery. An ora l maxillofacial
surgery expanded duty permit shall be available to a dental
assistant who has met the requirements as listed in Section 328.25
of this title and assists a dentist, pediatric dentist, or oral
maxillofacial surgeon who holds a parenteral or pediatric general
anesthesia permit; provided, only the dentist, pediatric dentist, or
oral maxillofacial surgeon , or an anesthesiologist or a Certified
Registered Nurse Anesthetist , may administer anesthesia and assess
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the patient’s level of sedation and only the dentist, pediatric
dentist, or oral maxillofacial surgeon may perform surgery .
All expanded duties shall be added to the dental assistant
license or oral maxillofacial surgery assistant license permit upon
approval by the Board.
E. The training requirements for all expanded duty permits
shall be set forth by the Board. A program that is not CODA -
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 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 den tal 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
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3. The dental assistant provides a certificate or proo f 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 assistant in a dental office for
one (1) year.
H. Any person having served in the mi litary as a dental
assistant shall receive credentialing and reciprocity for expanded
functions by demonstrating the following:
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 8. AMENDATORY 59 O.S. 2021, Section 328.25, is
amended to read as follows:
Section 328.25. A. No person shall practice as an oral
maxillofacial surgery assistant without having obtained a permit as
an oral maxillofacial surgery assistant from the Board of Dentistry
Any person applying for an oral maxillofacial surgery expanded duty
permit shall complete the requirements of this section for
submission and approval before the Board .
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B. Any person seeking to obtain an oral maxillofacial surgery
assistant permit must have a supervising oral maxillofacial surgeon
with a current Oklahoma license and complete the requirements set
forth by the Board.
C. The application shall be made to the Board in writing and
shall be accompanied by the fee established by the Board, together
with the satisfactory proof that the applicant:
1. Passes a background check with criteria established by the
Board; and
2. Has completed all of the training requirements for the oral
maxillofacial surgery assistant permit expanded duty permit as
established by the Board.
D. C. An oral maxillofacial surgery assistant expanded duty
permit shall be considered a temporary training permit until all of
the training requirements, as established by the Board for each the
oral maxillofacial surgery assistant expanded duty permit , have been
completed and approved by the Board.
E. D. A temporary training permit for each the oral
maxillofacial surgery assistant expanded duty shall not be extended
beyond two (2) years.
F. All E. When performing the expanded duty of oral
maxillofacial surgery , dental assistants are required to shall be
under direct supervision or direct visual supervision at all times
by a licensed oral maxillofacial surgeon .
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G. If an oral maxillofacial surgery assistant is not currently
employed by an oral maxillofacial surgeon, the oral maxillofacial
surgery assistant permit shall automatically revert to a dental
assistant permit as set forth in Section 328.24 of this title and
may be eligible for an expanded function assisting a , dentist, or
pediatric dentist who holds a parenteral or pediatric general
anesthesia permit; provided, only the oral maxillofacial surgeon ,
dentist, or pediatric dentist, or an anesthesiologist or a Certified
Registered Nurse Anesthetist, may administer anesthesia and assess
the patient’s level of sedation. The oral maxillofacial surgery
assistant permit may be reinstated upon employment under a licensed
oral maxillofacial surgeon.
H. Any oral maxillofacial surgeon shall notify the Board within
thirty (30) days of an oral maxillofacial surgery assistant no
longer under his or her supervision and only the oral maxillofacial
surgeon, dentist, or pediatric dentist may perform surgery .
I. F. An applicant for an oral maxillofacial surgery assistant
expanded duty permit shall provide satisfactory proof of:
1. Successful completion of the Dental Anesthesia Assistant
National Certification Examination (DAANCE) provided by the American
Association of Oral Maxillofaci al Surgeons (AAOMS) or another
program or examination as approved by the Board;
2. A valid BLS certification;
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3. Employment and completion of a minimum of six (6) months of
training under the direct supervision of a licensed oral
maxillofacial surgeon pr ior to starting DAANCE or another program or
examination as approved by the Board;
4. Completion of a standardized course approved by the Board
including a minimum of four (4) hours of didactic training that must
include anatomy, intravenous access or phl ebotomy, technique, risks
and complications, and hands -on experience starting and maintaining
intravenous lines on a human or simulator/manikin, and pharmacology;
and
5. Completion of an infection -control course as approved by the
Board.
J. An oral maxillofacial surgery assistant who has completed
all the requirements shall receive a permit to practice as an oral
maxillofacial surgery assistant within a dental office, surgery
center, dental ambulatory surgery center or hospital.
K. Oral G. A dental assistant with an oral maxillofacial
surgery assistants expanded duty permit shall be required to
complete eight (8) hours of continuing education every two (2) years
in classes approved by AAOMS that are certified by the American
Dental Association CERP progr am or another program approved by the
Board. The continuing education requirement shall include at least
one (1) hour on infection control.
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L. H. The Anesthesia Committee provided pursuant to Section
328.17 of this title may make a recommendation to the Board for an a
dental assistant with an oral maxillofacial surgery assistant
expanded duty permit holding a temporary training permit to
substitute training received from another state university, dental
school or technical training institute or training a cquired in a
surgery center or hospital while working under the authority of a
licensed physician, to qualify as a partial substitute for the
requirements to attain an oral maxillofacial surgery assistant
permit expanded duty permit .
M. An I. A dental assistant with an oral maxillofacial surgery
assistant expanded duty permit may only accept delegation from an
oral and maxillofacial surgeon , dentist, or pediatric dentist with a
valid general or parenteral anesthesia permit :
1. Under direct supervision:
a. initiate and discontinue an intravenous line for a
patient being prepared to receive intravenous
medications, sedation or general anesthesia, or
b. draw up and prepare medications; and
2. Under direct visual supervision:
a. follow instructions of the or al surgeon while acting
as an accessory hand on behalf of the oral surgeon
that is administering the medication and actively
treating the patient. For the purposes of this
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section, “administer” means to have the sole
responsibility for anesthesia care inc luding
determining medicines to be used and the dosage,
timing, route of delivery and administration of
medication and the assessment of the level of
anesthesia and monitoring the physiological results of
such care; provided, only an oral surgeon or dentis t
possessing a current general anesthesia permit may
administer or assess the level of sedation or general
anesthesia and monitor the results of such care,
b. follow instructions of the oral surgeon to adjust the
rate of intravenous fluids to maintain or k eep the
line patent or open and adjust an electronic device to
provide medications such as an infusion pump, and
c. assist the oral surgeon by reading, recording vital
signs of a patient receiving deep sedation or general
anesthesia; provided, only an oral surgeon may assess
the level of sedation.
N. J. Only an oral surgeon shall be responsible to diagnose,
treat, monitor, determine and administer the selection of the drug,
dosage, and timing of all anesthetic medications, and care of the
patient through the perioperative period shall rest solely with the
supervising oral and maxillofacial surgeon.
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O. K. Nothing in the State Dental Act shall be construed as to
allow an oral surgery assistant or a dental assistant with an oral
maxillofacial expanded duty pe rmit to administer anesthesia care to
a patient.
SECTION 9. AMENDATORY 59 O.S. 2021, Section 328.26, is
amended to read as follows:
Section 328.26. A. The Board of Dentistry may, without
examination, issue a dental student inter n, resident or fellowship
permit to a student or graduate of an approved dental school or
college, or a residency program approved by the Commission on Dental
Accreditation (CODA). Upon meeting the qualifications and upon
approval of the dean or the gover ning body of any public or private
institution any person may request a dental student or dental
hygiene student intern, resident or fellow permit to be issued from
the Board, with limited duties as defined in the permit. A
fellowship permit may only be g iven to a person currently
participating in a fellowship program affiliated with an accredited
dental school.
B. A dental student or dental hygiene student intern, resident
or fellowship permit shall not be issued to any person whose license
to practice dentistry in this state or in another state has been
suspended or revoked, or to whom a license to practice dentistry has
been refused.
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C. A dental student or dental hygiene student intern, resident
or fellowship permit shall not authorize the holder to op en an
office for the private practice of dentistry, or to receive
compensation for the practice of dentistry, except a salary paid by
the federal government or this state, or their subdivisions, or the
public or private institution where the holder of the dental student
intern, resident or fellowship permit will be employed.
D. A dental student or dental hygiene student intern with a
valid dental student intern permit may work under the direct
supervision of a licensed dentist for compensation upon meeting the
following criteria:
1. The dental student or dental hygiene student intern shall
notify the Board of the supervising dentist;
2. A dental student or dental hygiene student intern, having
finished the first year of dental school, may assist in all du ties
of a dental assistant pursuant to the administrative rules of the
Board; and
3. A dental student intern, having finished the second year of
dental school, may assist in all duties permitted in paragraph 2 of
this subsection, radiation safety, coronal polishing and sealants ;
and
4. A dental student intern, having finished the second semester
of the third year of dental school, may provide scaling, root
planing, and local anesthesia .
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E. A dental or dental hygiene student intern, resident or
fellowship permit shall automatically expire when the permit holder
is no longer participating in the program offered by the college of
dentistry, the accredited dental college or the institution.
F. The issuance of a dental student intern, resident or
fellowship permit by the Board shall in no way be considered a
guarantee or predetermination of any person to receive a full
license issued by the Board.
G. Dental student intern or resident or fellowship permits may
be renewed annually at the request of the dean of the college or
program director of the program approved by CODA and at the
discretion of the Board.
H. Residents and Fellows with a valid permit may supervise
student dental clinics under the authority of the Dean or Associate
Dean of the University of Ok lahoma College of Dentistry.
I. Students currently enrolled at the University of Oklahoma
College of Dentistry or an accredited dental hygiene or dental
assisting program shall be exempted from Sections 328.19 and 328.21
of this title while participating in an educational program located
at the University of Oklahoma College of Dentistry or the clinic of
an accredited dental hygiene or dental assisting program. A
licensed dentist, hygienist or faculty license holder shall be
physically present in the faci lity whenever students of dentistry,
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dental hygiene or dental assisting are performing a clinical dental
procedure on patients.
SECTION 10. AMENDATORY 59 O.S. 2021, Section 328.27, is
amended to read as follows:
Section 328.27. A. 1. The Board of Dentistry may, without a
clinical examination, upon presentation of satisfactory credentials,
including completion of all portions of the National Board Dental
Examination, the dental hygiene National Boards and both Part I and
Part II of the National Board examination for dentists, and under
such rules as the Board may promulgate, issue a faculty license or
faculty specialty license to an applicant who:
a. is a graduate of a school of dentistry approved by the
Board and is licensed to pr actice dentistry in another
state or country,
b. has graduated from an accredited dental program, or
c. successfully completes advanced training in a
specialty dental program approved by the Commission on
Dental Accreditation of the American Dental
Association, or
d. if applying for a hygiene faculty license, is a
graduate of an accredited dental hygiene program and
is licensed to practice dental hygiene in another
state.
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2. A faculty license or faculty specialty license shall be
issued only upon the reque st and certification of the dean of an
accredited dental college or the program director of an accredited
dental hygiene program located in this state that the applicant is a
full-time member of the teaching staff of that college or program.
3. Within the first two (2) years of employment, the faculty
license or faculty specialty license holder shall show proof of
passing an appropriate clinical board examination, as provided in
Section 328.21 of this title, recognized by the Board of Dentistry.
4. A faculty license or faculty specialty license shall be
valid for one (1) year and may be renewed by the Board at the
written request of the dean of an accredited dental program or the
director of an accredited dental hygiene program.
5. A faculty license or fa culty specialty license shall
automatically expire when the license holder is no longer employed
as a faculty member at the institution that requested the license.
6. The holder of a faculty license or faculty specialty license
shall be entitled to perfor m services and procedures in the same
manner as a person holding a license to practice dentistry or dental
hygiene in this state, but all services and procedures performed by
the faculty license or faculty specialty license holder shall be
without compensation other than that received in salary from a
faculty position or through faculty practice as authorized by the
Board. The holder of a faculty license or faculty specialty license
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shall be limited to practicing in the specialty area as designated
on the license. Such services and procedures shall be performed
only within the facilities of an accredited dental college or
accredited dental hygiene program or within the facilities
designated by the accredited dental college and teaching hospitals
approved by the Board.
B. The dean of an accredited dental or hygiene program may
petition the Board to allow a faculty member to have a limited
faculty or research faculty permit, based on a showing of criteria
that the individual possesses specialty knowledge in a specific area
that would benefit the college or program. The holder of a limited
faculty or research faculty permit shall not have privileges to
perform procedures in the faculty practice at the University of
Oklahoma College of Dentistry, but may overs ee the student clinic.
A limited faculty permit shall be valid for one (1) year and may be
renewed by the Board at the written request of the dean of an
accredited dental program or the director of an accredited dental
hygiene program.
C. Upon request of the dean, the Board President may issue a
dentist or hygienist licensed in another state or country a
temporary license pursuant to Section 328.23 of this title for the
purpose of attending, presenting or participating in a seminar or
live training in den tal techniques or dental anesthesia, given at
the University of Oklahoma College of Dentistry to licensed dentists
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and hygienists for continuing education credits and students
enrolled in the University of Oklahoma College of Dentistry. A
temporary permit issued for this purpose shall not exceed seven (7)
days and may not be issued to the same person more than four (4)
times in a calendar year.
D. Upon the request of the Oklahoma Dental Association
President or the Oklahoma Dental Hygienist Association Pr esident,
the Board President may issue a dentist or a hygienist licensed in
another state a temporary license pursuant to Section 328.23 of this
title for the purpose of presenting or participating in live patient
demonstrations presented by the Oklahoma D ental Association or
Oklahoma Dental Hygienist Association or other professional
organizations approved by the Board at its annual meeting. A
temporary permit issued for this purpose shall not exceed four (4)
days per calendar year.
E. Courses for expand ed duties for dental assistants pursuant
to the administrative rules of the Board may be taught in an online,
interactive online, in -classroom, lab or blended format. All
expanded-duty courses shall include a dentist or dental hygienist
that is employed full- or part-time by an educational program
approved by the Commission on Dental Accreditation and currently on
file with the Board. Courses offered pursuant to this subsection
shall meet all criteria in administrative rules approved by the
Board.
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SECTION 11. AMENDATORY 59 O.S. 2021, Section 328.28a, is
amended to read as follows:
Section 328.28a. Beginning January 2016, every Every applicant
for any type of license or permit issued by the Board of Dentistry
shall be subject to a national criminal background check. The Board
may deny a license or permit for any applicant who fails to disclose
a criminal history or if any applicant has pled guilty or nolo
contendere to or has been convicted of a felony or misdemeanor
involving moral turpitude a disqualifying violation of the law
pursuant to Section 328.32 of this title , Medicaid fraud, or a
violation of federal or state controlled dangerous substances laws.
SECTION 12. AMENDATORY 59 O.S. 2021, Section 328.29 a, as
amended by Section 5, Chapter 158, O.S.L. 2022 (59 O.S. Supp. 2024,
Section 328.29a), is amended to read as follows:
Section 328.29a. A. The following acts or occurrences by a
dental assistant or oral maxillofacial surgery assistant shall
constitute grounds for which the penalties specified in Section
328.44a of this title may be imposed by the Board of Dentistry or be
the basis for denying a new applicant any license or permit issued
by the Board:
1. Any of the causes now existing in the laws of t his state;
2. A violation of the provisions of the State Dental Act; or
3. A violation of the rules of the Board promulgated pursuant
to the State Dental Act.
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B. The Board shall also have the power to act upon a petition
by a dental assistant or oral maxillofacial surgery assistant for
reinstatement to good standing. The Board shall keep a record of
the evidence and proceedings in all matters involving the revocation
or suspension of a permit, censure or probation of a dental
assistant or oral maxillofacial surgery assistant. The Board shall
make findings of fact and a decision thereon. Notification of the
licensee or permit holder shall occur pursuant to Section 328.21 of
this title.
C. The decision shall be final unless the dental assistant or
oral maxillofacial surgery assistant appeals the decision as
provided by the State Dental Act.
D. The Board shall have power to revoke or suspend the permit,
censure, or place on probation a dental assistant or oral
maxillofacial surgery assistant for a violation of one or more of
the following:
1. Pleading guilty or nolo contendere to, or being convicted
of, a felony crime that substantially relates to the occupation of a
dental assistant or oral maxillofacial surgery assistant and poses a
reasonable threat to public safety, or a violation of federal or
state controlled dangerous substances laws;
2. Presenting to the Board a false application or documentation
for a permit;
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3. Being, by reason of persistent inebriety or addiction to
drugs, incompetent to cont inue to function as a dental assistant or
oral maxillofacial surgery assistant ;
4. Functioning outside the direct or direct visual supervision
of a dentist;
5. Performing any function prohibited by Chapter 15 of the
Oklahoma Administrative Code or any vi olation that would be a
violation for a dentist or hygienist under Section 328.32 or 328.33
of this title, or any other duty not assignable to a dental
assistant; or
6. Failure to secure an annual registration as specified in
Section 328.41 of this title.
E. The Board’s review panel, as set forth in Section 328.43a of
this title, upon concurrence with the president of the Board, may
determine that an emergency exists to temporarily suspend the permit
of a dental assistant or oral maxillofacial surgery ass istant if the
panel finds that public health, safety or welfare imperatively
requires emergency action. The panel may conduct a hearing pursuant
to Section 314 of Title 75 of the Oklahoma Statutes for the
temporary suspension.
F. As used in this section:
1. “Substantially relates” means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
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fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. “Poses a reasonable threat ” means the nature of criminal
conduct for which the person was convicted involved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
SECTION 13. AMENDATORY 59 O.S. 2021, Section 328.31a, is
amended to read as follows:
Section 328.31a. A. One dentist or multiple dentists may use a
trade name in connection with the practice of dentistry provided
that:
1. The use of the trade name shall not be false, fraudulent or
misleading; and
2. The name of the dentist or dentists actually providing the
dental services to the patient shall appear on all insurance claim
forms, billing invoices or statements sent to the patient and o n all
receipts if any are given to the patient;
3. Treatment records shall be maintained for each patient that
clearly identify the dentist or dentists who performed all dental
services for the patient; and
4. When one dentist or multiple dentists make a n advertisement
in the trade name or the trade name is included in an advertisement,
a copy of the advertisement, including but not limited to any
electronic form of the advertising, shall be kept by the dentist or
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dentists for three (3) years from the fir st publication date of the
advertisement.
B. Beginning July 1, 2016, all All advertisements for dentistry
shall include the name of the dentist or dentists that shall be
providing treatment and shall list the type of dental or specialty
license on the advertisement.
C. The Board of Dentistry shall promulgate rules regulating
advertisements in which one dentist or multiple dentists use a trade
name.
SECTION 14. AMENDATORY 59 O.S. 2021, Section 328.31b, as
amended by Section 6, Chap ter 46, O.S.L. 2024 (59 O.S. Supp. 2024,
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 profes sional 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 medication s prescribed;
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2. Results of a clinical examination, including a physical
intraoral examination and head and neck examination, tests
conducted, and any lab results including the identification, or lack
thereof, of any oral 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 or dental
assistant 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. Prior to a dentist prescribing, diagnosing, or overseeing
patient treatment for any dental appliance, the patient shall be a
patient of record and the dentist shall conduct an in -person patient
examination.
D. 1. The name of the dentist or dentists actually providing
the dental services to the patient shall appear on all insurance
claim forms, billing invoices, or statement s sent to the patient and
on all receipts if any are given to the patient.
2. Treatment records shall be maintained for each patient that
clearly identify the dentist or dentists who performed all dental
services for the patient.
E. Whenever patient reco rds are released or transferred, the
dentist releasing or transferring the records shall maintain either
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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. F. All claims being submitted for insurance must be signed,
stamped or have an electronic signature by the treating dentist.
E. G. Patient records may be kept in an electronic data format,
provided that the dentist maintains a backup copy of informa tion
stored in the data processing 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 capabl e of
producing a hard copy on demand.
F. H. All patient records shall be maintained for seven (7)
years from the date of treatment.
G. I. Each licensed dentist shall retain a copy of each entry
in his or her patient appointment book or such other log, ca lendar,
book, file or computer data used in lieu of an appointment book for
a period no less than seven (7) years from the date of each entry
thereon.
J. A licensee closing an office shall notify the Board in
writing and include the location of where the patient records will
be maintained.
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SECTION 15. AMENDATORY 59 O.S. 2021, Section 328.32, as
last amended by Section 7, Chapter 46, O.S.L. 2024 (59 O.S. Supp.
2024, 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 imposed 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 diploma, license, or
certificate, or one obtained by fraud or illegal means, or pro viding
other false information on an application or renewal;
3. Being, by reason of persistent inebriety or addiction to
drugs, incompetent to continue the practice of dentistry or failing
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 threat to patient care within seventy -two
(72) hours of witness or belief of such conditions;
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4. Publishing a false, fraudulent, or misleading advertisement
or statement;
5. Authorizing or aiding an unlicensed person to practice
dentistry, to practice dental hygiene or to perform a function for
which a permit from the Board is required;
6. Authorizing or a iding 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 assistant 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 education requirements;
10. Representing himself or herself to the public as a
specialist in a dental spe cialty 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 prudent dentist with similar training and
experience within the local area would ha ve provided including, but
not limited to, failing to complete proper training and demonstrate
proficiency for any procedure delegated to a dental hygienist or
dental assistant;
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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 limited 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 p ractice dentistry while delivering
care to a patient;
17. Committing gross negligence in the practice of dentistry;
18. Committing repeated acts of negligence 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 committed to an institution for
treatment for substance abuse, until recovery or remission;
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 subsection C of
Section 328.36 of this title;
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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 patronage from patients formerly served in the
office of any dentist formerly employing such dental hyg ienist;
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 holding a permit or license issued by
the Board to assist in the treatment of a pat ient 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;
27. Willfully disclosing information protected by the Health
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
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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 displaying, at the dentist ’s
primary place of practice, the license issued to the dentist by the
Board to practice den tistry 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 b y 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
shows that the records were 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
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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 professional entity
that is in compliance with the registration requirements of
subsection B of Secti on 328.31 of this title, to direct, control, or
interfere with the dentist ’s clinical judgment. Clinical judgment
shall include, but not be limited 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 in this paragraph shall be construed to:
a. limit a patient’s right of informed consent, or
b. prohibit insurers, p referred 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
revocation or other sanction by another state board, of the license
of the dentist under the 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
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or any crime for which the penalty includes 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 title;
40. Failing to cooperate during an investigation or providing
false information, verbal ly or in writing, to the Board, the Board ’s
investigator or an agent of the Board;
41. Having multiple administrative or civil actions reported 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 pursuant to Section 2 -309D of
Title 63 of the Oklahoma Statutes;
43. Falling below the basic st andard 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
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.
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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 displayin g or otherwise
advertising that the dentist is also currently licensed, registered,
certified or otherwise credentialed pursuant to the laws of this
state or a nationally recognized credentialing board, if authorized
by the laws of the state or credentiali ng board to display or
otherwise advertise as a licensed, registered, certified, or
credentialed dentist.
SECTION 16. AMENDATORY 59 O.S. 2021, Section 328.41, as
last amended by Section 8, Chapter 46, O.S.L. 2024 (59 O.S. Supp.
2024, 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, dental hygienist, dental assistant,
oral maxillofacial surgery assistant and other licensee or permit
holders previously licensed or permitted by the Board of Dentistry
to practice in this state, with the exception of those listed in
paragraph 2 of this subsection, 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
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Board. Upon receipt of the annual renewal fee, the Board shall
issue a renewal certificate authorizing the dentist, dental
hygienist, or 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 perm its 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 year.
B. 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:
(1) completion of classes at a university, college or
technology center school accredited by the
Commission on Dental Accreditation (CODA) or
college courses related to dentistry, which sha ll
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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 the dentist or dental
hygienist shall receive six (6) credit hours for
each hour of the original presentation and hour -
for-hour credit for a su bsequent presentation of
the same material. No more than fifty percent
(50%) of total required continuing education
hours may be fulfilled by activities described in
this division,
(4) a scientific-based medical treatment and patient
care class approved b y the Board,
(5) any health-related program sponsored by the
United States Department of Veteran Affairs or
Armed Forces provided at a government facility,
(6) formal meetings by national or state professional
organizations for dental providers, or
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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 two (2) hours for
a dental hygienist.
2. Full-time graduate study, internships, residencies and
dentists and dental hygienists engaged in a full -time program
accredited by CODA shall be exempt from continuing education for a
continuing education year per academic year completed.
3. New graduates of dental and hygiene programs shall not be
required to complete continuing education for the first year after
graduation. Continuing education requirements for 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.
4. A dentist or dental hygienist on acti ve 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
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(18) months in a two -year continuing education cycle
and is deployed outside of the United States , 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 more than twenty (20) hours to be completed
online. 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 Dental assistants with
an oral maxillofacial expanded du ty permit shall complete eight (8)
hours of continuing education including one (1) hour of infection
control.
3. Dental All other dental assistants shall complete two (2)
hours of infection control.
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, or dental
assistant or oral maxillofacial surgery assistant to pay the annual
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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 canceled as of April 1
pursuant to subsection M of Se ction 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, or dental assistant or oral
maxillofacial surgery assistant 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 five (5) years from the date of the
expiration of the license, upon payment of th e 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 pay 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 application for and take the examination or other
requirements provided for in the State D ental Act or the rules
promulgated by the Board before again commencing practice The Board
may require any training or continuing education requirements be met
prior to reinstatement .
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G. The Board, by rule, shall provide for the remittance of fees
otherwise required by the State Dental Act while a A dentist, dental
assistant, or dental hygienist who is on active duty with any of the
Armed Forces of the United States and is deployed outside of the
United States shall be exempt from renewal fees .
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 requests retirement status 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 17. AMENDATORY 59 O.S. 2021, Section 328.44a, as
amended by Section 10, Chapter 46, O.S.L. 2024 (59 O.S. Supp. 2024,
Section 328.44a), is amended to read as follows:
Section 328.44a. A. The Board of Dentistry is authorized,
after notice and opport unity for a hearing pursuant to Article II of
the Administrative Procedures Act, to issue an order imposing one or
more of the following penalties whenever the Board finds, by clear
and convincing evidence, that a dentist, dental hygienist, dental
assistant, oral maxillofacial surgery assistant , dental laboratory
technician, holder of a permit to operate a dental laboratory, or an
entity operating pursuant to the provisions of the Professional
Entity Act or the State Dental Act has committed any of the acts or
occurrences 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 issued 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 Board;
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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.
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 Board 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 found guilty of a felony charge and is
sentenced to incarceration in a state or federal facility.
D. 1. A licensee or permit holder may petition the Board to
reopen and withdraw an o rder after the expiration of seven (7) years
from the date of issue if:
a. the order does not include 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,
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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 viola tion and
does not include a direct action against the licensee
including, but not limited to, probation or suspension
of the license.
2. Upon receipt of a motion to reopen and withdraw an order,
the president of the Board shall assign a panel for review a nd
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 th e time of the
complaint; any actions by the licensee to better his or her
abilities as a practicing licensee; current patient outcomes;
service to his or her community or state; and any other issues,
testimony, or other information relating to the licensee found
during an investigation or submitted to the Board.
3. The panel and the president may make a determination that
the case is not appropriate to bring before the Board and shall have
the authority to summarily deny the order and, if appropriate, to
advise the licensee of requirements to complete for future
consideration. The panel may choose to keep the matter pending
while the licensee completes the requirements advised.
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4. Upon a case brought before the Board, the Board shall vote
to withdraw or stay the order. If the order is withdrawn, it shall
revert to a private settlement agreement pursuant to Section 328.43a
of this title.
SECTION 18. AMENDATORY 59 O.S. 2021, Section 328.51a, is
amended to read as follows:
Section 328.51a. A. The Board of Dentistry is authorized to
charge the following fees for the purpose of implementing and
enforcing the State Dental Act. The penalty and late fee shall be
twice the amount of the original fee for license renewals.
Notwithstanding any other provisions of the State Dental Act, the
fees established by the Board shall be not less nor more than the
range created by the following schedule:
1. LICENSE AND PERMIT APPLICATION FEES:
Minimum Maximum
a. License by Examination
Dentist $200.00 $400.00
Dental Hygienist $100.00 $200.00
b. License by Credentialing
Dentist $500.00 $1,000.00
Dental Hygienist $100.00 $200.00
c. Dental Specialty License by
Examination $300.00 $600.00
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d. Dental Specialty License by
Credentialing $500.00 $1,000.00
e. Faculty Permit
Dentist $100.00 $200.00
Dental Hygienist $50.00 $100.00
f. Dental Student Intern Permit $50.00 $200.00
g. Temporary License to Practice
Dental Hygiene $50.00 $100.00
h. Dental Assistant or Oral
Maxillofacial Surgery
Assistant Permit $50.00 $100.00
i. Dental Assistant with
Expanded Duty or Duties by
Credential $100.00 $200.00
j. Temporary License to Practice
Dentistry $75.00 $150.00
k. Permit to Operate a Dental
Laboratory – current Oklahoma
licensed dentist $20.00 $60.00
l. General Anesthesia Permit
Dentist $100.00 $200.00
m. Conscious Sedation Permit
Dentist $100.00 $200.00
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n. Permit to Operate a Dental
Laboratory – commercial $200.00 $500.00
2. RE-EXAMINATION FEES:
a. License by Examination
Dentist $200.00 $400.00
Dental Hygienist $100.00 $200.00
b. Dental Specialty License by
Examination $300.00 $600.00
c. Jurisprudence Only Re -
Examination
Dentist $10.00 $20.00
Dental Hygienist $10.00 $20.00
3. ANNUAL RENEWAL FEES:
a. Dentist $200.00 $400.00
b. Dental Hygienist $100.00 $200.00
c. Dental Specialty License $100.00 $200.00
d. Faculty Permit
Dentist $50.00 $100.00
Dental Hygienist $50.00 $100.00
e. Dental Resident, Dental
Fellowship $100.00 $200.00
f. Dental Assistant, Oral
Maxillofacial Surgery
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Assistant, or Dental Student
Intern Permit $50.00 $100.00
g. Permit to Operate a Dental
Laboratory, current Oklahoma
Licensed dentist $20.00 $60.00
h. General Anesthesia Permit
Dentist $100.00 $200.00
i. Conscious Sedation Permit
Dentist $100.00 $200.00
j. Permit to Operate a Dental
Laboratory, non-dentist owner $300.00 $500.00
4. OTHER FEES:
a. Duplicate License
Dentist or Dental
Hygienist $30.00 $40.00
b. Duplicate Permit or
Registration $5.00 $15.00
c. Certificate of Good Standing $5.00 $15.00
d. Professional Entity
Certification Letter $5.00 $20.00
e. Professional Entity
Registration or Update $5.00 $20.00
f. Mobile Dental Clinic $200.00 $400.00
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g. List of the Name and Current
Mailing Address of all
Persons who hold a License or
Permit issued by the Board.
(A request for a list shall
be submitted to the Board in
writing noting the specific
proposed use of the list.) $25.00 $75.00
h. Official State Dental License
Identification Card with
Picture $25.00 $35.00
i. Returned checks $25.00 $30.00
B. A person who holds a license to practice dentistry in this
state, and who also holds a dental specialty license, shall not be
required to pay an annual renewal fee for the dental specialty
license if the licensee has paid the annual renewal fee for the
license to practice dentistry.
SECTION 19. AMENDATORY 59 O.S. 2021, Section 328.55, is
amended to read as follows:
Section 328.55. All licensees engaged in the practice of
dentistry in this state shall notify the Board within twenty -four
(24) hours of the discovery of a death of a pa tient, or an emergency
hospital visit where the patient is admitted, pursuant to treatment
in a dental office and potentially related to the practice of
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dentistry by the licensee. A licensee shall submit a complete
report to the Board of any fatality or s erious injury occurring
during the practice of dentistry or the discovery of the death of a
patient whose death is causally related to the practice of dentistry
by the licensee within thirty (30) days of such occurrence.
SECTION 20. This act shall become effective November 1, 2025.
Passed the Senate the 25th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives