Enrolled Copy H.B. 372
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Dental Practice Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ariel Defay
Senate Sponsor: Michael K. McKell
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LONG TITLE
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General Description:
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This bill amends provisions related to dental practice.
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Highlighted Provisions:
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This bill:
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▸ amends definitions;
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▸ amends supervision provisions regarding dental professionals;
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▸ amends provisions regarding dental hygiene schools;
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▸ amends provisions related to the practice of dentistry and dental hygiene;
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▸ amends teledentistry provisions; and
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▸ makes other conforming and technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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58-69-102, as last amended by Laws of Utah 2020, Chapter 273
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58-69-301, as last amended by Laws of Utah 2020, Chapter 273
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58-69-501, as last amended by Laws of Utah 2015, Chapter 343
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58-69-802, as last amended by Laws of Utah 2020, Chapter 273
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58-69-803, as enacted by Laws of Utah 1996, Chapter 116
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58-69-804, as enacted by Laws of Utah 1996, Chapter 116
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58-69-807, as enacted by Laws of Utah 2020, Chapter 273
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ENACTS: H.B. 372 Enrolled Copy
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58-69-808, Utah Code Annotated 1953
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REPEALS AND REENACTS:
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58-69-801, as last amended by Laws of Utah 2023, Chapter 334
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 58-69-102 is amended to read:
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58-69-102 . Definitions.
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In addition to the definitions in Section 58-1-102, as used in this chapter:
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(1) "Asynchronous technology" means store-and-forward technology that allows [a licensed
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dental professional to transmit] for the transmission of a patient's health information to a
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dentist for viewing at a later time.
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(2) "Board" means the Dentist and Dental Hygienist Licensing Board created in Section
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58-69-201.
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(3) "Dental assistant" means an unlicensed individual who engages in[, directly or
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indirectly,] supervised acts and duties as defined by division rule made in collaboration
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with the board.
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(4) "Dental hygienist" means an individual licensed under this chapter as a dental hygienist.
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(5) "Dentist" means an individual licensed under this chapter as a dentist.
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[(4)] (6) "Direct supervision" means the supervising dentist is present and available for
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face-to-face communication with the person being supervised when and where
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professional services are being provided.
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(7) "Expanded function" means a procedure that is authorized under Section 58-69-808.
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[(5)] (8) "General supervision" means that the supervising dentist is available for
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consultation regarding work the supervising dentist has authorized, without regard as to
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whether the supervising dentist is located on the same premises as the person being
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supervised.
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[(6)] (9) "Indirect supervision" means that the supervising dentist is present within the
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facility in which the person being supervised is providing services and is available to
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provide immediate face-to-face communication with the person being supervised.
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[(7)] (10) "Practice of dental hygiene" means, [regarding] with respect to humans and subject
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to Section 58-69-801:
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[(a) under the general supervision of a dentist, or under a written agreement with a
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dentist licensed under this chapter, as provided in Section 58-69-801, to:]
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[(i)] (a) [perform] performing a preliminary clinical examination of human teeth and
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gums;
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[(ii)] (b) [make] making preliminary instrumental examination of [patients' teeth] a
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patient's periodontium;
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[(iii) expose dental radiographs;]
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[(iv)] (c) [assess dental hygiene status and collaborate] conducting a dental hygiene
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assessment;
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(d) [ with the supervising dentist regarding ] formulating a dental hygiene treatment plan
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for a patient, and communicating those findings and treatment recommendations;
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(e) evaluating a patient's progress towards achieving the goals specified in the dental
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hygiene treatment plan;
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(f) modifying a dental hygiene treatment plan based on the ongoing reassessment and in
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collaboration with a dentist;
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[(v)] (g) [remove] removing deposits, accumulations, calculus, and concretions from the
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surfaces of human teeth;
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[(vi)] (h) [remove] removing toxins and debris from subgingival surfaces;
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[(vii)] (i) [provide] providing:
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(i) delegated dental hygiene care in accordance with a dentist's treatment plan for a
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patient; or
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(ii) dental hygiene care in accordance with a dental hygiene treatment plan;
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[(viii) take impressions of teeth or jaws except for impressions or registrations to
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supply artificial teeth as substitutes for natural teeth; or]
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[(ix) engage in other practices of dental hygiene as defined by division rule;]
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[(b) under the indirect supervision of a dentist to administer in accordance with
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standards and ethics of the professions of dentistry and dental hygiene:]
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[(i) local anesthesia; or]
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[(ii) nitrous oxide analgesia;]
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[(c)] (j) [to represent] representing oneself by any title, degree, or in any other way as
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being a dental hygienist;[ or]
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[(d) to direct a dental assistant when the supervising dentist is not on the premises.]
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(k) administering local anesthesia and nitrous oxide analgesia, only as allowed by
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division rule and the supervision requirements described in Section 58-69-801;
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(l) directing a dental assistant when the supervising dentist is not on the premises;
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(m) exposing and capturing dental radiographs;
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(n) making impressions or intraoral scans of teeth or jaws;
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(o) performing tasks delegated by a dentist in other practices of dental hygiene as
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defined by division rule; and
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(p) performing expanded functions in accordance with Section 58-69-808.
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[(8)] (11) "Practice of dentistry" means the following, regarding humans:
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(a) to offer, undertake, or represent that a person will undertake by any means or
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method, including teledentistry, to:
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(i) examine, evaluate, diagnose, treat, operate, or prescribe therapy for any disease,
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pain, injury, deficiency, deformity, or any other condition of the human teeth,
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alveolar process, gums, jaws, or adjacent hard and soft tissues and structures in the
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maxillofacial region;
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(ii) take an appropriate history and physical consistent with the level of professional
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service to be provided and the available resources in the facility in which the
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service is to be provided;
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(iii) [take ] make impressions, intraoral scans, or registrations;
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(iv) supply artificial teeth as substitutes for natural teeth, including placing veneers;
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(v) remove deposits, accumulations, calculus, and concretions from the surfaces of
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teeth;[ and]
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(vi) correct or attempt to correct malposition of teeth; and
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(vii) prescribe, deliver, and provide follow-up care for oral appliance therapy,
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including as a treatment for sleep-disordered breathing and obstructive sleep
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apnea;
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(b) to administer anesthetics necessary or proper in the practice of dentistry, only as
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allowed by an anesthesia and analgesia permit obtained from the division;
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(c) to administer and prescribe drugs related to and appropriate in the practice of
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dentistry;
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(d) to supervise the practice of a:
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(i) [ ]dental hygienist in accordance with Section 58-69-801; or
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(ii) [ ]dental assistant as established by division rule made in collaboration with the
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board; or
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(e) to represent oneself by any title, degree, or in any other way that one is a dentist.
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(12) "Public health agency" means a local health department as defined in Section
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26A-1-102 or the Department of Health and Human Services.
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[(9)] (13) "Public health setting" means:
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(a) an individual's residence, if the individual is [unable to leave the residence]
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non-ambulatory;
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(b) a school, as part of a school-based program;
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(c) a nursing home;
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(d) an assisted living or long-term care facility;
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(e) a community health center;
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(f) if a dental hygienist is employed by a public health agency, a location directed by the
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public health agency;
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[(f)] (g) a federally-qualified health center; or
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[(g)] (h) a mobile dental health program that employs a dentist who is licensed under this
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chapter.
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[(10)] (14) "Supervising dentist" means a licensed dentist who has agreed to provide
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supervision of a dental hygienist or unlicensed individual in accordance with the
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provisions of this chapter.
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[(11)] (15) "Synchronous technology" means two-way audiovisual technology that allows a
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licensed dental professional to see and communicate in real time with a patient who is
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located in a different physical location.
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[(12)] (16) "Teledentistry" means the practice of dentistry using synchronous or
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asynchronous technology.
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[(13)] (17) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
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and 58-69-501.
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[(14)] (18) "Unprofessional conduct" means the same as that term is defined in Sections
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58-1-501 and 58-69-502 and as may be further defined by rule.
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Section 2. Section 58-69-301 is amended to read:
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58-69-301 . License required -- License classifications -- Anesthesia and analgesia
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permits.
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(1) A license is required to engage in the practice of dentistry, including teledentistry, or
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dental hygiene, except as specifically provided in Section 58-69-306 or 58-1-307.
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(2) The division shall issue to individuals qualified under the provisions of this chapter a
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license in the classification:
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(a) dentist; or
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(b) dental hygienist.
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(3) A permit is required to engage in administration of anesthesia or analgesia in the
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practice of dentistry or dental hygiene.
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(4) The division in collaboration with the board shall establish by rule:
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(a) the classifications of anesthesia and analgesia permits[ and] ;
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(b) the scope of practice permitted under each permit classification; and
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[(b)] (c) the [qualifications] requirements for obtaining each [classification] class of [
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anesthesia and analgesia ]permit.
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Section 3. Section 58-69-501 is amended to read:
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58-69-501 . Unlawful conduct.
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"Unlawful conduct" includes, in addition to the definition in Section 58-1-501:
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(1) administering anesthesia or analgesia in the practice of dentistry or dental hygiene if the
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individual does not hold a current permit issued by the division authorizing that
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individual to administer the type of anesthesia or analgesia used; and
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(2) practice of dental hygiene by a licensed dental hygienist [when not under the
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supervision of a dentist, or under a written agreement with a dentist who is licensed
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under this chapter and who is a Utah resident, in accordance with the provisions of this
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chapter; or] if not done in accordance with Section 58-69-801.
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(3) directing or interfering with a licensed dentist's judgment and competent practice of
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dentistry.
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Section 4. Section 58-69-801 is repealed and reenacted to read:
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58-69-801 . Dental hygienist practice standards.
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(1) Except as provided in Subsection (2), a dental hygienist may engage in the practice of
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dental hygiene:
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(a) in any setting under general supervision; and
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(b) if done in accordance with a dentist's treatment plan for a patient.
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(2) A dental hygienist may:
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(a) under the indirect supervision of a dentist:
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(i) administer nitrous oxide analgesia; and
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(ii) perform expanded functions in accordance with Section 58-69-808; and
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(b) under the general supervision of a dentist:
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(i) administer local anesthesia;
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(ii) expose dental radiography; or
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(iii) make impressions or intraoral scans of teeth or jaws as authorized by a
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supervising dentist.
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(3) Notwithstanding Subsection (1) and except as provided in Subsection (2), a dental
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hygienist may engage in the practice of dental hygiene without general supervision if:
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(a) the dental hygienist engages in the practice of dental hygiene in a public health
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setting;
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(b) prior to engaging in the practice of dental hygiene in a public health setting, the
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dental hygienist notifies the division on a one-time basis in accordance with rules
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made by the division in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act, that the dental hygienist will engage in the practice of dental
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hygiene in a public health setting;
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(c) the dental hygienist assumes liability for the work done by the dental hygienist while
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engaging in the practice of dental hygiene in a public health setting;
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(d) the dental hygienist has liability insurance for the work done by the dental hygienist
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while engaging in the practice of dental hygiene in a public health setting; and
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(e) the dental hygienist:
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(i) obtains from each patient an informed consent form that provides that treatment
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by a dental hygienist is not a substitute for a dental examination by a dentist;
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(ii) refers to a dentist any patient with a dental need beyond the dental hygienist's
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scope of practice encountered while engaging in the practice of dental hygiene in a
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public health setting; and
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(iii) retains all dental records for the patient generated by the dental hygienist in
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accordance with Health Insurance Portability and Accountability Act of 1996,
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Pub. L. No. 104-191, 110 Stat. 1936, as amended.
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(4) Notwithstanding Subsection (1) and except as provided in Subsection (2), a dental
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hygienist may practice dental hygiene in an accredited dental hygiene school to teach
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and demonstrate the practice of dental hygiene.
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(5)(a) An accredited dental hygiene school may teach, demonstrate, and perform
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expanded functions in accordance with Section 58-69-808 and associated rules in a
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clinical setting operated by the school if:
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(i) the expanded functions are included in the school's curriculum;
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(ii) the curriculum is compliant with standards created by the Commission on Dental
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Accreditation, or its successor organization, for teaching expanded functions;
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(iii) except as provided in Subsection (5)(b), any expanded function is performed in
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accordance with rules made under Section 58-69-808; and
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(iv) any expanded function performed in the clinical setting is done under the indirect
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supervision of a dentist.
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(b) An accredited dental hygiene school may act in accordance with Subsection (5)(a)
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without regard to rules being issued under Section 58-69-808 until the earlier of:
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(i) the day on which the division issues rules under Section 58-69-808; or
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(ii) May 31, 2027.
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Section 5. Section 58-69-802 is amended to read:
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58-69-802 . Practice within limits of law, education, training, experience, and
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competency.
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[(1)] Each individual licensed under this chapter shall confine [his] the individual's practice
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to those acts[ or practices]:
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[(a)] (1) permitted by law; and
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[(b)] (2) in which the [individual] dentist or dental hygienist is competent by education,
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training, and experience.
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[(2)(a) The standard of dental care a licensed dental professional provides through
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teledentistry is the same as the standard of dental care a licensed dental professional
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provides in a traditional physical setting.]
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[(b)(i) A treating dentist may use teledentistry to collaborate with a dental hygienist
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within the relevant applicable scopes of practice and under the appropriate level of
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dentist supervision, in accordance with existing supervision laws.]
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[(ii) A dental hygienist, other dental auxiliary, or any other teledentistry provider may
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not carry out any duties through teledentistry that require the in-person
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supervision of a dentist licensed under this chapter.]
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[(c) A dentist may not conduct a dental examination using teledentistry if the standard of
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care necessitates a traditional physical dental examination.]
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Section 6. Section 58-69-803 is amended to read:
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58-69-803 . Use of dental assistants.
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[The standards] Standards regulating the use of [unlicensed individuals as ]dental
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assistants shall be established by division rule made in collaboration with the board.
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Section 7. Section 58-69-804 is amended to read:
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58-69-804 . Form of practice.
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(1) A dentist [licensed under this chapter may engage in practice as a dentist, or in the
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practice of dentistry only as an individual licensee, but as an individual licensee, he may
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be] may engage in the practice of dentistry as:
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(a) an individual operating as a business proprietor;
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(b) an employee of another person;
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(c) a partner in a lawfully organized partnership;
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(d) a lawfully formed professional corporation;
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(e) a lawfully organized limited liability company;
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(f) a lawfully organized business corporation; or
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(g) any other form of organization recognized by the state which is not prohibited by
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rule adopted by division rules made in collaboration with the board.
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(2) Regardless of the form in which a licensee engages in the practice of dentistry, the
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licensee may not permit another person who is not licensed in Utah as a dentist and is
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not otherwise competent to engage in the practice of dentistry to direct, or in any other
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way participate in, or interfere in the licensee's practice of dentistry.
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Section 8. Section 58-69-807 is amended to read:
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58-69-807 . Use of teledentistry -- Informed consent -- Rulemaking.
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(1) A dentist may provide dental services using teledentistry[, including the following:] .
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[(a) collaborating with a licensed dental professional in the completion of the following
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at a public health setting, generally with a written collaborative agreement, directly,
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or indirectly, in accordance with this chapter:]
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[(i) gathering diagnostic information to be used by the dentist at a remote location to
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form a tentative basic treatment plan and provide appropriate preventive or urgent
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prescriptions;]
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[(ii) perform preventive dental procedures;]
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[(iii) provide oral health education; and]
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[(iv) perform any palliative or interim treatment or caries arresting treatment outlined
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in the dentist's treatment plan and authorized by the dentist, in accordance with
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this chapter and rules made in accordance with this chapter; and]
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[(b) at a remote location, using records and diagnostic information that a dental hygienist
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provides to form a tentative treatment plan for basic dental procedures.]
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(2)(a) The standard of dental care a licensed dental professional provides through
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teledentistry is the same as the standard of dental care a licensed dental professional
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provides in a traditional physical setting.
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(b) A treating dentist may use teledentistry to collaborate with a dental hygienist within
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the relevant applicable scopes of practice and under the appropriate level of
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supervision described in Section 58-69-801.
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(c) A dental hygienist, other unlicensed individual supervised by a dentist, or any other
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provider may not carry out any duties through teledentistry that require direct or
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indirect supervision of a dentist.
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(d) A dentist may not conduct a dental examination using teledentistry if the standard of
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care necessitates a traditional physical dental examination.
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(e)(i) A dentist may correct or attempt to correct malpositioned teeth or provide an
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oral appliance to treat sleep-disordered breathing and obstructive sleep apnea if
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the dentist:
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(A) has performed an appropriate, in-person, physical examination of the patient
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for the purpose of diagnosing, assessing, and developing a treatment plan;
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(B) has reviewed the patient's relevant history, medical records, diagnostic
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records, and contemporaneous radiographic records; and
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(C) will provide reasonable in-person follow-up care.
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(ii) Notwithstanding the limitations described in Subsection (2)(e)(i), the dentist may
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establish an initial relationship with a patient through teledentistry only:
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(A) for the purpose of emergent care;
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(B) to make an initial diagnosis of a malposition of teeth and a determination of
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the need for an orthodontic appliance; or
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(C) to screen for sleep-disordered breathing and obstructive sleep apnea, and
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assess the need for oral appliance therapy for jaw repositioning.
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(iii) A dentist shall confirm an initial diagnosis described in Subsection (2)(e)(ii)(B)
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through conducting an in-person examination, reviewing the patient's
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contemporaneous radiographic records, and reviewing results from any other
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relevant test, imaging, or consultation before the patient begins using any
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orthodontic appliance.
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(iv) A dentist shall confirm an assessment described in Subsection (2)(e)(ii)(C)
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through conducting an in-person examination, reviewing the patient's
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contemporaneous radiographic records, and reviewing results from any other
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relevant test, imaging, or consultation before ordering fabrication of an oral
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appliance for jaw repositioning and delivering the appliance to the patient.
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(3) A licensed dental professional or any entity employing a licensed dental professional
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may not require a patient to sign [an] a pretreatment agreement that limits the patient's
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ability to file a complaint with the division, file a lawsuit, join a class action lawsuit,
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make reports to a governmental entity, require the patient to submit to binding
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arbitration, or otherwise limit or prohibit the patient from obtaining relief for
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deficiencies in the treatment or services provided to the patient.
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[(3)] (4) When a licensed dental professional uses teledentistry, the licensed dental
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professional shall ensure informed consent covers the following additional information:
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(a) a description of the types of dental care services provided through teledentistry,
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including limitations on services;
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(b) the name, contact information, licensure, credentials, and qualifications of all
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dentists and dental hygienists involved in the patient's dental care; and
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(c) precautions and protocols for technological failures or emergency situations.
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[(4)] (5) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, to establish requirements and parameters regarding
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teledentistry to ensure the safe use of teledentistry, including additional provisions for:
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(a) transparency, disclosure, and informed consent;
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(b) standard of care;
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(c) proper documentation;
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(d) supervision and scope of practice;
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(e) patient complaints; and
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(f) protocols for referrals.
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(6) If provisions or rules made under Section 26B-4-704 conflict with the provisions of this
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section or rules made under this section, the provisions of this section and the rules made
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under this section control when the individual being regulated is providing services
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regulated under this chapter.
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Section 9. Section 58-69-808 is enacted to read:
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58-69-808 . Expanded functions of dental auxiliaries.
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(1) The division shall create certifications for dental auxiliaries to perform, under the
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indirect supervision of a dentist, various expanded functions, including:
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(a) delegated maxillofacial administration of botulinum toxin by a dental hygienist
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certified by the division;
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(b) placement of direct restorations by a dental hygienist certified by the division or a
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dental assistant certified by the division; and
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(c) the removal of coronal dental adhesive by a dental hygienist certified by the division
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or a dental assistant certified by the division.
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(2) The division shall make rules to implement this section, including rules regarding:
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(a) the education and minimum qualifications to obtain a certification; and
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(b) parameters for performing an expanded function.
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Section 10. Effective Date.
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This bill takes effect on May 7, 2025.
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