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BOD Bill SB754 by Paxton

  Bill Number: OK59RSB  754

           SENATE FLOOR VERSION



                                  SENATE FLOOR VERSION

  1                                 February 23, 2023
 
  2                               COMMITTEE SUBSTITUTE
 
  3                                        FOR
 
  4        SENATE BILL NO. 754  By:  Paxton
 
  5               An Act relating to the practice of dentistry;
 
  6               amending 59 O.S. 2021, Section 328.3, which relates
 
  7               to definitions used in the State Dental Act;
 
  8               modifying and adding definitions; amending 59 O.S.
 
  9               2021, Section 328.21, as amended by Section 3,
 
 10               Chapter 158, O.S.L. 2022 (59 O.S. Supp. 2022, Section
 
 11               328.21), which relates to application for license;
 
 12               modifying allowed time period, type, and criteria of
 
 13               examinations; adding available advanced procedures
 
 14               for dental hygienist; specifying qualifications and
 
 15               procedures for obtainment of advanced procedure
 
 16               permit by credentials; amending 59 O.S. 2021, Section
 
 17               328.22, which relates to specialty license; modifying
 
 18               certain terminology and qualifications related to
 
 19               specialty license; amending 59 O.S. 2021, Section
 
 20               328.24, which relates to dental assistant permits;
 
 21               adding expanded duty permits available to dental
 
 22               assistants; broadening permitting provisions to apply
 
 23               to oral maxillofacial surgery assistants; providing
 
 24               for addition of expanded duties to licenses; amending
 


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  1               59 O.S. 2021, Section 328.32, as amended by Section
 
  2               6, Chapter 158, O.S.L. 2022 (59 O.S. Supp. 2022,
 
  3               Section 328.32), which relates to grounds for
 
  4               penalties; modifying grounds for penalties; amending
 
  5               59 O.S. 2021, Section 328.34, which relates to
 
  6               practice of dental hygiene under supervision of
 
  7               dentist; requiring certain supervision for advanced
 
  8               procedures; deleting certain definition; adding
 
  9               references; modifying rulemaking authority of Board
 
 10               of Dentistry for advanced procedures; authorizing
 
 11               licensed dentist to allow teledentistry treatment by
 
 12               certain dental hygienists for patients in certain
 
 13               long-term care settings; providing for application
 
 14               for elder care and public health advanced procedure
 
 15               permit; allowing treatment of patients by dental
 
 16               hygienist upon receipt of permit; requiring certain
 
 17               documentation, recording, and maintenance of
 
 18               recording by dental hygienist; requiring completion
 
 19               of certain assessment; requiring supervising dentist
 
 20               to maintain certain records; allowing certain dental
 
 21               assistants to apply for public health and elder care
 
 22               expanded duty permit; authorizing dental assistant
 
 23               with permit to assist hygienist with treatment in
 
 24               certain facilities; requiring patient records to list
 
 25               dental assistant; updating statutory language;
 
 26               providing for codification; providing an effective
 
 27               date; and declaring an emergency.
 


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  1        BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
 
  2            SECTION 1.     AMENDATORY     59 O.S. 2021, Section 328.3, is
 
  3        amended to read as follows:
 
  4            Section 328.3.  As used in the State Dental Act, the following
 
  5        words, phrases, or terms, unless the context otherwise indicates,
 
  6        shall have the following meanings:
 
  7            1.  Accredited dental college means an institution whose
 
  8        dental educational program is accredited by the Commission on Dental
 
  9        Accreditation of the American Dental Association;
 
 10            2.  Accredited dental hygiene program means a dental hygiene
 
 11        educational program which is accredited by the Commission on Dental
 
 12        Accreditation of the American Dental Association;
 
 13            3.  Accredited dental assisting program means a dental
 
 14        assisting program which is accredited by the Commission on Dental
 
 15        Accreditation of the American Dental Association;
 
 16            4.  Advanced procedure means a dental procedure for which a
 
 17        dental hygienist has received special training in a course of study
 
 18        approved by the Board;
 
 19            5.  Board means the Board of Dentistry;
 
 20            [5.] 6.  Certified dental assistant means a dental assistant who
 
 21        has earned and maintains current certified dental assistant
 
 22        certification from the Dental Assisting National Board (DANB);
 
 23            [6.] 7.  Coronal polishing means a procedure limited to the
 
 24        removal of plaque and stain from exposed tooth surfaces, utilizing a
 
 25        slow speed hand piece with a prophy/polishing cup or brush and
 
 26        polishing agent and is not prophylaxis.  To be considered
 
 27        prophylaxis, examination for calculus and scaling must be done by a
 


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  1        hygienist or dentist;
 
  2            [7.] 8.  Deep sedation means a drug-induced depression of
 
  3        consciousness during which patients cannot be easily aroused but
 
  4        respond purposefully following repeated or painful stimulation.  The
 
  5        ability to independently maintain ventilator function may be
 
  6        impaired.  Patients may require assistance in maintaining a patent
 
  7        airway, and spontaneous ventilation may be inadequate.
 
  8        Cardiovascular function is usually maintained;
 
  9            [8.] 9.  Dentistry means the practice of dentistry in all of its
 
 10        branches;
 
 11            [9.] 10.  Dentist means a graduate of an accredited dental
 
 12        college who has been issued a license by the Board to practice
 
 13        dentistry as defined in Section 328.19 of this title;
 
 14            [10.] 11.  Dental ambulatory surgical center (DASC) means a
 
 15        facility that operates exclusively for the purpose of furnishing
 
 16        outpatient surgical services to patients.  A DASC shall have the
 
 17        same privileges and requirements as a dental office and additionally
 
 18        must be an accredited facility by the appropriate entity;
 
 19            [11.] 12.  Dental office means an establishment owned and
 
 20        operated by a dentist for the practice of dentistry, which may be
 
 21        composed of reception rooms, business offices, private offices,
 
 22        laboratories, and dental operating rooms where dental operations are
 
 23        performed;
 
 24            [12.] 13.  Dental hygiene means the science and practice of the
 
 25        promotion of oral health and prevention and treatment of oral
 
 26        disease through the provision of educational, therapeutic, clinical,
 
 27        and preventive services;
 


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  1            14.  Dental hygienist means an individual who has fulfilled
 
  2        the educational requirements and is a graduate of an accredited
 
  3        dental hygiene program and who has passed an examination and has
 
  4        been issued a license by the Board and who is authorized to practice
 
  5        dental hygiene as hereinafter defined;
 
  6            [13.] 15.  [Dental assistant or oral maxillofacial surgery]
 
  7        [assistant] Dental assistant or oral maxillofacial surgery
 
  8        assistant means an individual working for a dentist, under the
 
  9        dentists direct supervision or direct visual supervision, and
 
 10        performing duties in the dental office or a treatment facility
 
 11        including the limited treatment of patients in accordance with the
 
 12        provisions of the State Dental Act.  A dental assistant or oral
 
 13        maxillofacial surgery assistant may assist a dentist with the
 
 14        patient; provided, this shall be done only under the direct
 
 15        supervision or direct visual supervision and control of the dentist
 
 16        and only in accordance with the educational requirements and rules
 
 17        promulgated by the Board;
 
 18            [14.] 16.  Dental laboratory means a location, whether in a
 
 19        dental office or not, where a dentist or a dental laboratory
 
 20        technician performs dental laboratory technology;
 
 21            [15.] 17.  Dental laboratory technician means an individual
 
 22        whose name is duly filed in the official records of the Board, which
 
 23        authorizes the technician, upon the laboratory prescription of a
 
 24        dentist, to perform dental laboratory technology, which services
 
 25        must be rendered only to the prescribing dentist and not to the
 
 26        public;
 
 27            [16.] 18.  Dental laboratory technology means using materials
 


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  1        and mechanical devices for the construction, reproduction or repair
 
  2        of dental restorations, appliances or other devices to be worn in a
 
  3        human mouth;
 
  4            [17.] 19.  Dental specialty means a specialized practice of a
 
  5        branch of dentistry, recognized by the Board, where the dental
 
  6        college and specialty program are accredited by the Commission on
 
  7        Dental Accreditation (CODA), or a dental specialty recognized by the
 
  8        Board, requiring a minimum number of hours of approved education and
 
  9        training and/or recognition by a nationally recognized association
 
 10        or accreditation board;
 
 11            [18.] 20.  Direct supervision means the supervisory dentist is
 
 12        in the dental office or treatment facility and, during the
 
 13        appointment, personally examines the patient, diagnoses any
 
 14        conditions to be treated, and authorizes the procedures to be
 
 15        performed by a dental hygienist, dental assistant, or oral
 
 16        maxillofacial surgery assistant.  The supervising dentist is
 
 17        continuously on-site and physically present in the dental office or
 
 18        treatment facility while the procedures are being performed and,
 
 19        before dismissal of the patient, evaluates the results of the dental
 
 20        treatment;
 
 21            [19.] 21.  Direct visual supervision means the supervisory
 
 22        dentist has direct ongoing visual oversight which shall be
 
 23        maintained at all times during any procedure authorized to be
 
 24        performed by a dental assistant or an oral maxillofacial surgery
 
 25        assistant;
 
 26            [20.] 22.  Expanded duty means a dental procedure for which a
 
 27        dental assistant has received special training in a course of study
 


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  1        approved by the Board;
 
  2            23.  Fellowship means a program designed for post-residency
 
  3        graduates to gain knowledge and experience in a specialized field;
 
  4            [21.] 24.  General anesthesia means a drug-induced loss of
 
  5        consciousness during which patients are not arousable, even by
 
  6        painful stimulation.  The ability to independently maintain
 
  7        ventilator function is often impaired.  Patients often require
 
  8        assistance in maintaining a patent airway, and positive pressure
 
  9        ventilation may be required because of depressed spontaneous
 
 10        ventilation or drug-induced depression of neuromuscular function.
 
 11        Cardiovascular function may be impaired;
 
 12            [22.] 25.  General supervision means the supervisory dentist has
 
 13        diagnosed any conditions to be treated within the past thirteen (13)
 
 14        months, has personally authorized the procedures to be performed by
 
 15        a dental hygienist, and will evaluate the results of the dental
 
 16        treatment within a reasonable time as determined by the nature of
 
 17        the procedures performed, the needs of the patient, and the
 
 18        professional judgment of the supervisory dentist.  General
 
 19        supervision may only be used to supervise a hygienist and may not be
 
 20        used to supervise an oral maxillofacial surgery assistant or dental
 
 21        assistant except as provided by Section 7 of this act;
 
 22            [23.] 26.  Indirect supervision means the supervisory dentist is
 
 23        in the dental office or treatment facility and has personally
 
 24        diagnosed any conditions to be treated, authorizes the procedures to
 
 25        be performed by a dental hygienist, remains in the dental office or
 
 26        treatment facility while the procedures are being performed, and
 
 27        will evaluate the results of the dental treatment within a
 


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  1        reasonable time as determined by the nature of the procedures
 
  2        performed, the needs of the patient, and the professional judgment
 
  3        of the supervisory dentist.  Indirect supervision may not be used
 
  4        for an oral maxillofacial surgery assistant or a dental assistant;
 
  5            [24.] 27.  Investigations means an investigation proceeding,
 
  6        authorized under Sections 328.15A and 328.43a of this title, to
 
  7        investigate alleged violations of the State Dental Act or the rules
 
  8        of the Board;
 
  9            [25.] 28.  Laboratory prescription means a written description,
 
 10        dated and signed by a dentist, of dental laboratory technology to be
 
 11        performed by a dental laboratory technician;
 
 12            [26.] 29.  Minimal sedation means a minimally depressed level of
 
 13        consciousness, produced by a pharmacological method, that retains
 
 14        the patients ability to independently and continuously maintain an
 
 15        airway and respond normally to tactile stimulation and verbal
 
 16        command.  Although cognitive function and coordination may be
 
 17        modestly impaired, ventilator and cardiovascular functions are
 
 18        unaffected;
 
 19            [27.] 30.  Mobile dental anesthesia provider means a licensed
 
 20        and anesthesia-permitted dentist, physician or [certified registered]
 
 21        [nurse anesthetist] Certified Registered Nurse Anesthetist (CRNA) that
 
 22        has a mobile dental unit and provides anesthesia in dental offices
 
 23        and facilities in the state;
 
 24            [28.] 31.  Mobile dental clinic means a permitted motor vehicle
 
 25        or trailer utilized as a dental clinic, and/or that contains dental
 
 26        equipment and is used to provide dental services to patients on-site
 
 27        and shall not include a mobile dental anesthesia provider.  A mobile
 


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  1        dental clinic shall also mean and include a volunteer mobile dental
 
  2        facility that is directly affiliated with a church or religious
 
  3        organization as defined by Section 501(c)(3) or 501(d) of the United
 
  4        States Internal Revenue Code, the church or religious organization
 
  5        with which it is affiliated is clearly indicated on the exterior of
 
  6        the mobile dental facility, and such facility does not receive any
 
  7        form of payment either directly or indirectly for work provided to
 
  8        patients other than donations through the affiliated church or
 
  9        religious organization; provided, that the volunteer mobile dental
 
 10        facility shall be exempt from any registration fee required under
 
 11        the State Dental Act;
 
 12            [29.] 32.  Moderate sedation means a drug-induced depression of
 
 13        consciousness during which patients respond purposefully to verbal
 
 14        commands, either alone or accompanied by light tactile stimulation.
 
 15        No interventions are required to maintain a patent airway, and
 
 16        spontaneous ventilation is adequate.  Cardiovascular function is
 
 17        usually maintained;
 
 18            [30.] 33.  Prophylaxis means the removal of any and all
 
 19        calcareous deposits, stains, accretions or concretions from the
 
 20        supragingival and subgingival surfaces of human teeth, utilizing
 
 21        instrumentation by scaler or periodontal curette on the crown and
 
 22        root surfaces of human teeth including rotary or power-driven
 
 23        instruments.  This procedure may only be performed by a dentist or
 
 24        dental hygienist;
 
 25            [31.] 34.  Patient or patient of record means an individual
 
 26        who has given a medical history and has been examined and accepted
 
 27        by a dentist for dental care;
 


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  1            [32.] 35.  Residencies are programs designed for advanced
 
  2        clinical and didactic training in general dentistry or other
 
  3        specialties or other specialists at the post-doctoral level
 
  4        recognized by the Commission on Dental Accreditation (CODA) or the
 
  5        Board;
 
  6            [33.] 36.  Supervision means direct supervision, direct visual
 
  7        supervision, indirect supervision or general supervision;
 
  8            [34.] 37.  Teledentistry means the remote delivery of dental
 
  9        patient care via telecommunications and other technology for the
 
 10        exchange of clinical information and images for dental consultation,
 
 11        preliminary treatment planning and patient monitoring; and
 
 12            [35.] 38.  Treatment facility means:
 
 13                 a.  a federal, tribal, state or local public health
 
 14                      facility,
 
 15                 b.  a Federally Qualified Health Center (FQHC),
 
 16                 c.  a private health facility,
 
 17                 d.  a group home or residential care facility serving the
 
 18                      elderly, handicapped or juveniles,
 
 19                 e.  a hospital or dental ambulatory surgery center
 
 20        (DASC),
 
 21                 f.  a nursing home,
 
 22                 g.  a penal institution operated by or under contract
 
 23        with
 
 24                      the federal or state government,
 
 25                 h.  a public or private school,
 
 26                 i.  a patient of records private residence,
 
 27                 j.  a mobile dental clinic,
 


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  1                 k.  a dental college, dental program, dental hygiene
 
  2                      program or dental assisting program accredited by the
 
  3                      Commission on Dental Accreditation, or
 
  4                 l.  such other places as are authorized by the Board.
 
  5            SECTION 2.     AMENDATORY     59 O.S. 2021, Section 328.21, as
 
  6        amended by Section 3, Chapter 158, O.S.L. 2022 (59 O.S. Supp. 2022,
 
  7        Section 328.21), is amended to read as follows:
 
  8            Section 328.21.  A.  No person shall practice dentistry or
 
  9        dental hygiene without first applying for and obtaining a license
 
 10        from the Board of Dentistry.
 
 11            B.  Application shall be made to the Board in writing and shall
 
 12        be accompanied by the fee established by the rules of the Board,
 
 13        together with satisfactory proof that the applicant:
 
 14            1.  Is of good moral character;
 
 15            2.  Is twenty-one (21) years of age, or over, at the time of
 
 16        making application to practice dentistry or eighteen (18) years of
 
 17        age, or over, if the applicant is to practice dental hygiene;
 
 18            3.  Has passed a written theoretical examination and a clinical
 
 19        examination approved by the Board within the previous five (5)
 
 20        years; and
 
 21            4.  Has passed a written jurisprudence examination over the
 
 22        rules and laws affecting dentistry in this state.
 
 23            C.  An application from a candidate who desires to secure a
 
 24        license from the Board to practice dentistry or dental hygiene in
 
 25        this state shall be accompanied by satisfactory proof that the
 
 26        applicant:
 
 27            1.  Is a graduate of an accredited dental college, if the
 


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  1        applicant is to practice dentistry;
 
  2            2.  Is a graduate of an accredited dental hygiene program, if
 
  3        the applicant is to practice dental hygiene; and
 
  4            3.  Has passed all portions of the National Board Dental
 
  5        Examination or the National Board Dental Hygiene Examination.
 
  6            D.  Pursuant to Section 328.15 of this title, the Board may
 
  7        affiliate as a member state, and accept regional exams from the
 
  8        Commission on Dental Competency Assessments [(CDCA) or the Western]
 
  9        [Regional Examining Board (WREB)] (CDCA-WREB-CITA) if the following
 
 10        requirements are included:
 
 11            1.  For dental licensing the following components on a live
 
 12        patient or manikin:
 
 13                 a.  a fixed prosthetic component of the preparation of an
 
 14                      anterior all porcelain crown and the preparation of a
 
 15                      three-unit posterior bridge,
 
 16                 b.  a periodontal component [on a live patient or manikin],
 
 17                 c.  an endodontic component,
 
 18                 d.  an anterior class III and posterior class II
 
 19                      restorative component [on a live patient or manikin],
 
 20                 e.  a diagnosis and treatment planning section as
 
 21        approved
 
 22                      by the Board, as specified in Section 328.15 of this
 
 23                      title, and
 
 24                 f.  the Board may determine equivalencies based on
 
 25                      components of other exams for the purpose of
 
 26                      credentialing; or
 
 27            2.  For dental hygienists licensing the following components on
 


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  1        a live patient or manikin:
 
  2                 a.  clinical patient treatments with an evaluation of
 
  3                      specific clinical skills, and
 
  4                 b.  evaluation of the candidates compliance with
 
  5                      professional standards during the treatment as
 
  6                      approved by the Board in Section 328.15 of this title
 
  7                      and shall include:
 
  8                      (1)  extra/intra oral assessment,
 
  9                      (2)  periodontal probing, and
 
 10                      (3)  scaling/subgingival calculus removal and
 
 11                           supragingival deposit removal.
 
 12            E.  When the applicant and the accompanying proof are found
 
 13        satisfactory, the Board shall notify the applicant to appear for the
 
 14        jurisprudence examination at the time and place to be fixed by the
 
 15        Board.  A dental student or a dental hygiene student in the
 
 16        students last semester of a dental or dental hygiene program,
 
 17        having met all other requirements, may make application and take the
 
 18        jurisprudence examination with a letter from the dean of the dental
 
 19        school or director of the hygiene program stating that the applicant
 
 20        is a candidate for graduation within the next six (6) months.
 
 21            F.  The Board shall require every applicant for a license to
 
 22        practice dentistry or dental hygiene to submit, for the files of the
 
 23        Board, a copy of a dental degree or dental hygiene degree, an
 
 24        official transcript, a recent photograph duly identified and
 
 25        attested, and any other information as required by the Board.
 
 26            G.  Any applicant who fails to pass the jurisprudence
 
 27        examination may apply for a second examination, in which case the
 


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  1        applicant shall pay a reexamination fee as established by the
 
  2        statutes or rules of the State Dental Act.
 
  3            H.  A dentist or dental hygienist currently licensed in another
 
  4        state having met the qualifications in paragraphs 1 through 3 of
 
  5        subsections B and C of this section may apply for a license by
 
  6        credentials upon meeting the following:
 
  7            1.  A dentist holding a general dentist license in good standing
 
  8        and having practiced for at least five hundred (500) hours within
 
  9        the previous five (5) years immediately prior to application and
 
 10        having passed a regional examination substantially equivalent to the
 
 11        requirements for this state may apply for licensure by credentials;
 
 12            2.  A dental hygienist holding a dental hygiene license in good
 
 13        standing and having practiced for at least four hundred twenty (420)
 
 14        hours within the previous five (5) years immediately prior to
 
 15        application and having passed a regional examination substantially
 
 16        equivalent to the requirements for this state may apply for
 
 17        licensure by credentials.  Applicants for credentialing must
 
 18        include:
 
 19                 a.  a letter of good standing from all states in which
 
 20        the
 
 21                      applicant has ever been licensed, and
 
 22                 b.  any other requirements as set forth by the rules; and
 
 23            3.  An applicant applying for a dental or dental hygiene license
 
 24        by credentials shall only be required to pass the jurisprudence
 
 25        portion of the examination requirements as set forth in paragraph 4
 
 26        of subsection B of this section[; or]
 
 27            [4.  A dental hygienist applying for credentialing for advanced]
 


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  1        [procedures by providing proof of passage of the advanced procedure]
 
  2        [in a CDCA, WREB or CRDTS exam].
 
  3            I.  1.  There shall be [two] six types of advanced [procedure]
 
  4        procedures available for dental hygienists upon completion of a
 
  5        Commission on Dental Accreditation (CODA) approved program [or],
 
  6        course, or certification program that has been approved by the
 
  7        Board:
 
  8            [1.  Administration]
 
  9                 a.  administration of nitrous oxide[; and],
 
 10            [2.  Administration]
 
 11                 b.  administration of local anesthesia,
 
 12                 c.  neuromodulator administration,
 
 13                 d.  therapeutic use of lasers,
 
 14                 e.  phlebotomy and venipuncture, and
 
 15                 f.  elder care and public health pursuant to Section 7 of
 
 16                      this act.
 
 17            2.  A dental hygienist holding an advanced procedure permit or
 
 18        credential in any other state for two (2) years shall be eligible
 
 19        for the advanced procedure permit by credentials; provided, that
 
 20        application for the advanced procedure permit by credentials for
 
 21        administration of local anesthesia shall additionally require proof
 
 22        of passage of such advanced procedure in a CDCA-WREB-CITA exam.
 
 23            3.  For all advanced procedures other than administration of
 
 24        local anesthesia, a dental hygienist may apply by filling out an
 
 25        application with required documentation of training as required by
 
 26        state law and rules of the Board.
 
 27            4.  All advanced procedures shall be added to the dental hygiene
 


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  1        license upon approval.
 
  2            J.  All licensees and permit holders shall display the current
 
  3        permit or license in a visible place within the dental office or
 
  4        treatment facility.
 
  5            K.  The Board shall have the authority to temporarily change
 
  6        requirements of an examination due to availability or changes in the
 
  7        examination format, not to exceed one (1) year.
 
  8            L.  During a year in which governmental officials have declared
 
  9        a health pandemic, a state or federal disaster, or other natural or
 
 10        man-made disaster, the Board shall have the authority through a
 
 11        resolution to change or make allowances in requirements of all
 
 12        candidates for licensure and issue temporary licenses for extended
 
 13        periods of time or as needed until the event passes.  The resolution
 
 14        shall have a beginning and an end date and shall automatically
 
 15        expire no less than thirty (30) days after the end of the disaster
 
 16        is declared by governmental officials.
 
 17            M.  Every licensee or permit holder shall have an official
 
 18        address and email address listed with the Board.  Every licensee or
 
 19        permit holder shall update the address within thirty (30) calendar
 
 20        days of moving.  Official notification of any action of the Board
 
 21        adverse to a licensee or permit holder including but not limited to
 
 22        notification of license or permit cancellation due to nonrenewal,
 
 23        notice of a formal complaint, or a decision of the hearing panel or
 
 24        board, shall be served to the licensee or permit holder by
 
 25        registered mail at the official address, in person, to the
 
 26        licensees or permit holders attorney, by agreement of the
 
 27        individual, by a process server, or by an [Investigator] investigator
 


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  1        of the Board pursuant to Section 2004 of Title 12 of the Oklahoma
 
  2        Statutes.
 
  3            SECTION 3.     AMENDATORY     59 O.S. 2021, Section 328.22, is
 
  4        amended to read as follows:
 
  5            Section 328.22.  A.  1.  The Board of Dentistry may issue a
 
  6        dental specialty license authorizing a dentist to represent himself
 
  7        or herself to the public as a specialist, and to practice as a
 
  8        specialist, in a dental specialty.
 
  9            2.  No dentist shall represent himself or herself to the public
 
 10        as a specialist or practice as a specialist as listed in this
 
 11        paragraph, unless the individual:
 
 12                 a.  has successfully completed an advanced dental
 
 13                      specialty educational program accredited by the
 
 14                      Commission on Dental Accreditation, or has met the
 
 15                      [Board Certification] board certification requirements
 
 16                      and is recognized as a current board certified member
 
 17                      of a dental specialty organization or association
 
 18                      recognized by the National Commission on Recognition
 
 19                      of Dental Specialties and Certifying Boards,
 
 20                 b.  has passed the jurisprudence examination covering the
 
 21                      State Dental Act, rules and state laws, and
 
 22                 c.  has completed any additional requirements set forth in
 
 23                      state law or rules and has been issued a dental
 
 24                      specialty license by the Board.
 
 25            3.  Specialty licenses recognized by the Board shall include:
 
 26                 a.  dental public health,
 
 27                 b.  endodontics,
 


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  1                 c.  oral and maxillofacial surgery,
 
  2                 d.  oral and maxillofacial radiology,
 
  3                 e.  orthodontics and dentofacial orthopedics,
 
  4                 f.  pediatric dentistry,
 
  5                 g.  periodontics,
 
  6                 h.  prosthodontics,
 
  7                 i.  oral and maxillofacial pathology,
 
  8                 j.  dental anesthesiology,
 
  9                 k.  oral medicine, and
 
 10                 l.  orofacial pain.
 
 11            B.  1.  At the time of application, if the dentist has ever been
 
 12        licensed in any other state, he or she shall provide a letter of
 
 13        good standing from such state before the Board may issue a specialty
 
 14        license.
 
 15            2.  In conducting an investigation of an applicant who has
 
 16        applied for a dental specialty license pursuant to this subsection,
 
 17        the Board shall require of the applicant disclosure of the same
 
 18        background information as is required of an applicant for a license
 
 19        to practice dentistry in this state.
 
 20            C.  Any person holding an Oklahoma specialty license that does
 
 21        not have an Oklahoma general dentistry license shall be limited to
 
 22        practicing that specialty for which they hold a license.
 
 23            D.  The Board may use the American Dental Association National
 
 24        Commission on Recognition of Dental Specialties and Certifying
 
 25        Boards guidelines or the guidelines of another nationally recognized
 
 26        dental association or board for the purpose of defining a specialty
 
 27        practice area not otherwise defined herein.
 


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  1            SECTION 4.     AMENDATORY     59 O.S. 2021, Section 328.24, is
 
  2        amended to read as follows:
 
  3            Section 328.24.  A.  No person shall practice as a dental
 
  4        assistant or oral maxillofacial surgery assistant for more than one
 
  5        (1) day in a calendar year without having applied for a permit as a
 
  6        dental assistant or oral maxillofacial surgery assistant from the
 
  7        Board of Dentistry within thirty (30) days of beginning employment.
 
  8        During this time period, the dental assistant shall work under the
 
  9        direct visual supervision of a dentist at all times.
 
 10            B.  The application shall be made to the Board in writing and
 
 11        shall be accompanied by the fee established by the Board, together
 
 12        with satisfactory proof that the applicant passes a background check
 
 13        with criteria established by the Board.
 
 14            C.  Beginning January 1, 2020, every dental assistant receiving
 
 15        a permit shall complete a class on infection control as approved by
 
 16        the Board within one (1) year from the date of receipt of the
 
 17        permit.  Any person holding a valid dental assistant permit prior to
 
 18        January 1, 2020, shall complete an infection-control class as
 
 19        approved by the Board before December 31, 2020.  Failure to complete
 
 20        the class shall be grounds for discipline pursuant to Section
 
 21        328.29a of this title.
 
 22            D.  There shall be [five] seven types of expanded duty permits
 
 23        available for dental assistants or oral maxillofacial surgery
 
 24        assistants upon completion of a program approved by the Commission
 
 25        on Dental Accreditation (CODA) or a course that has been approved by
 
 26        the Board:
 
 27            1.  Radiation safety;
 


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  1            2.  Coronal polishing and topical fluoride;
 
  2            3.  Sealants;
 
  3            4.  Assisting in the administration of nitrous oxide; [or]
 
  4            5.  Phlebotomy and venipuncture;
 
  5            6.  Elder care and public health; or
 
  6            7.  Assisting a dentist who holds a parenteral or pediatric
 
  7        anesthesia permit; provided, only the dentist may administer
 
  8        anesthesia and assess the patients level of sedation.
 
  9            All expanded duties shall be added to the dental assistant
 
 10        license or oral maxillofacial surgery assistant license upon
 
 11        approval.
 
 12            E.  The training requirements for all [five] expanded duty permits
 
 13        shall be set forth by the Board.  A program that is not CODA-
 
 14        certified must meet the standards set forth and be approved by the
 
 15        Board.
 
 16            F.  An applicant for a dental assistant permit who has graduated
 
 17        from a dental assisting program accredited by CODA and has passed
 
 18        the jurisprudence test shall receive all [five] expanded duty permits
 
 19        provided for in subsection D of this section if the course materials
 
 20        approved by the Board are covered in the program.
 
 21            G.  A dental assistant who holds an out-of-state dental
 
 22        assistant permit with expanded duties may apply for credentialing
 
 23        and reciprocity for a dental assistant permit including any expanded
 
 24        duty by demonstrating the following:
 
 25            1.  The dental assistant has had a valid dental assistant permit
 
 26        in another state for a minimum of two (2) years and is in good
 
 27        standing;
 


                                        20

 

  1            2.  The dental assistant has had a valid expanded duty in
 
  2        another state for a minimum of one (1) year; and
 
  3            3.  The dental assistant provides a certificate or proof of
 
  4        completion of an educational class for the expanded duty and that
 
  5        the dental assistant has been providing this treatment to dental
 
  6        patients while working as a dental assistant in a dental office for
 
  7        one (1) year.
 
  8            H.  Any person having served in the military as a dental
 
  9        assistant shall receive credentialing and reciprocity for expanded
 
 10        functions by demonstrating the following:
 
 11            1.  Proof of military service in excess of two (2) years with
 
 12        any certifications or training in the expanded function areas; and
 
 13            2.  Verification from the commanding officer of the medical
 
 14        program or the appropriate supervisor stating that the dental
 
 15        assistant provided the expanded functions on patients in the
 
 16        military dental facility for a minimum of one (1) year within the
 
 17        past five (5) years.
 
 18            SECTION 5.     AMENDATORY     59 O.S. 2021, Section 328.32, as
 
 19        amended by Section 6, Chapter 158, O.S.L. 2022 (59 O.S. Supp. 2022,
 
 20        Section 328.32), is amended to read as follows:
 
 21            Section 328.32.  A.  The following acts or occurrences by a
 
 22        dentist shall constitute grounds for which the penalties specified
 
 23        in Section 328.44a of this title may be imposed by order of the
 
 24        Board of Dentistry or be the basis for denying a new applicant any
 
 25        license or permit issued by the Board:
 
 26            1.  Pleading guilty or nolo contendere to, or being convicted
 
 27        of, a felony, a misdemeanor involving moral turpitude, any crime in
 


                                        21

 

  1        which an individual would be required to be a registered sex
 
  2        offender under state law, any violent crime, Medicaid fraud,
 
  3        insurance fraud, identity theft, embezzlement or a violation of
 
  4        federal or state controlled dangerous substances laws;
 
  5            2.  Presenting to the Board a false diploma, license, or
 
  6        certificate, or one obtained by fraud or illegal means, or providing
 
  7        other false information on an application or renewal;
 
  8            3.  Being, by reason of persistent inebriety or addiction to
 
  9        drugs, incompetent to continue the practice of dentistry;
 
 10            4.  Publishing a false, fraudulent, or misleading advertisement
 
 11        or statement;
 
 12            5.  Authorizing or aiding an unlicensed person to practice
 
 13        dentistry, to practice dental hygiene or to perform a function for
 
 14        which a permit from the Board is required;
 
 15            6.  Authorizing or aiding a dental hygienist to perform any
 
 16        procedure prohibited by the State Dental Act or the rules of the
 
 17        Board;
 
 18            7.  Authorizing or aiding a dental assistant or oral
 
 19        maxillofacial surgery assistant to perform any procedure prohibited
 
 20        by the State Dental Act or the rules of the Board;
 
 21            8.  Failing to pay fees as required by the State Dental Act or
 
 22        the rules of the Board;
 
 23            9.  Failing to complete continuing education requirements;
 
 24            10.  Representing himself or herself to the public as a
 
 25        specialist in a dental specialty without holding a dental specialty
 
 26        license [therefor] as listed in Section 328.22 of this title;
 
 27            11.  [Representing himself or herself to the public as a]
 


                                        22

 

  1        [specialist whose practice is limited to a dental specialty, when]
 
  2        [such representation is false, fraudulent, or misleading] Practicing
 
  3        below the basic standard of care of a patient which an ordinary
 
  4        prudent dentist with similar training and experience within the
 
  5        local area would have provided including, but not limited to,
 
  6        failing to complete proper training and demonstrate proficiency for
 
  7        any procedure delegated to a dental hygienist or dental assistant;
 
  8            12.  Endangering the health of patients by reason of having a
 
  9        highly communicable disease and continuing to practice dentistry
 
 10        without taking appropriate safeguards;
 
 11            13.  Practicing dentistry in an unsafe or unsanitary manner or
 
 12        place including but not limited to repeated failures to follow
 
 13        Centers for Disease Control and Prevention (CDC) or Occupational
 
 14        Safety and Health Administration (OSHA) guidelines;
 
 15            14.  Being shown to be mentally unsound;
 
 16            15.  Being shown to be grossly immoral and that such condition
 
 17        represents a threat to patient care or treatment;
 
 18            16.  Being incompetent to practice dentistry while delivering
 
 19        care to a patient;
 
 20            17.  Committing gross negligence in the practice of dentistry;
 
 21            18.  Committing repeated acts of negligence in the practice of
 
 22        dentistry;
 
 23            19.  Offering to effect or effecting a division of fees, or
 
 24        agreeing to split or divide a fee for dental services with any
 
 25        person, in exchange for the person bringing or referring a patient;
 
 26            20.  Being involuntarily committed to an institution for
 
 27        treatment for substance abuse, until recovery or remission;
 


                                        23

 

  1            21.  Using or attempting to use the services of a dental
 
  2        laboratory or dental laboratory technician without issuing a
 
  3        laboratory prescription, except as provided in subsection C of
 
  4        Section 328.36 of this title;
 
  5            22.  Aiding, abetting, or encouraging a dental hygienist
 
  6        employed by the dentist to make use of an oral prophylaxis list, or
 
  7        the calling by telephone or by use of letters transmitted through
 
  8        the mail to solicit patronage from patients formerly served in the
 
  9        office of any dentist formerly employing such hygienist;
 
 10            23.  Having more than the equivalent of three full-time dental
 
 11        hygienists for each dentist actively practicing in the same dental
 
 12        office;
 
 13            24.  Allowing a person not holding a permit or license issued by
 
 14        the Board to assist in the treatment of a patient without having a
 
 15        license or permit issued by the Board;
 
 16            25.  Knowingly patronizing or using the services of a dental
 
 17        laboratory or dental laboratory technician who has not complied with
 
 18        the provisions of the State Dental Act and the rules of the Board;
 
 19            26.  Authorizing or aiding a dental hygienist, dental assistant,
 
 20        oral maxillofacial surgery assistant, dental laboratory technician,
 
 21        or holder of a permit to operate a dental laboratory to violate any
 
 22        provision of the State Dental Act or the rules of the Board;
 
 23            27.  Willfully disclosing information protected by the Health
 
 24        Information Portability and Accountability Act, P.L. 104-191;
 
 25            28.  Writing a false, unnecessary, or excessive prescription for
 
 26        any drug or narcotic which is a controlled dangerous substance under
 
 27        either federal or state law, or prescribing, dispensing or
 


                                        24

 

  1        administering opioid drugs in excess of the maximum limits
 
  2        authorized in Section 2-309I of Title 63 of the Oklahoma Statutes;
 
  3            29.  Prescribing or administering any drug or treatment without
 
  4        having established a valid dentist-patient relationship;
 
  5            30.  Using or administering nitrous oxide gas in a dental office
 
  6        in an inappropriate or unauthorized manner;
 
  7            31.  Engaging in nonconsensual physical contact with a patient
 
  8        which is sexual in nature, or engaging in a verbal communication
 
  9        which is intended to be sexually demeaning to a patient;
 
 10            32.  Practicing dentistry without displaying, at the dentists
 
 11        primary place of practice, the license issued to the dentist by the
 
 12        Board to practice dentistry and the current renewal certificate;
 
 13            33.  Being dishonest in a material way with a patient or during
 
 14        the practice of dentistry;
 
 15            34.  Failing to retain all patient records for at least seven
 
 16        (7) years from the date of the last treatment as provided by Section
 
 17        328.31b of this title, except that the failure to retain records
 
 18        shall not be a violation of the State Dental Act if the dentist
 
 19        shows that the records were lost, destroyed, or removed by another,
 
 20        without the consent of the dentist;
 
 21            35.  Failing to retain the dentists copy of any laboratory
 
 22        prescription for at least seven (7) years, except that the failure
 
 23        to retain records shall not be a violation of the State Dental Act
 
 24        if the dentist shows that the records were lost, destroyed, or
 
 25        removed by another, without the consent of the dentist;
 
 26            36.  Allowing any corporation, organization, group, person, or
 
 27        other legal entity, except another dentist or a professional entity
 


                                        25

 

  1        that is in compliance with the registration requirements of
 
  2        subsection B of Section 328.31 of this title, to direct, control, or
 
  3        interfere with the dentists clinical judgment.  Clinical judgment
 
  4        shall include, but not be limited to, such matters as selection of a
 
  5        course of treatment, control of patient records, policies and
 
  6        decisions relating to pricing, credit, refunds, warranties and
 
  7        advertising, and decisions relating to office personnel and hours of
 
  8        practice.  Nothing in this paragraph shall be construed to:
 
  9                 a.  limit a patients right of informed consent, or
 
 10                 b.  prohibit insurers, preferred provider organizations
 
 11                      and managed care plans from operating pursuant to the
 
 12                      applicable provisions of the Oklahoma Insurance Code
 
 13                      and the Oklahoma Public Health Code;
 
 14            37.  Violating the state dental act of another state resulting
 
 15        in a plea of guilty or nolo contendere, conviction or suspension or
 
 16        revocation or other sanction by another state board, of the license
 
 17        of the dentist under the laws of that state;
 
 18            38.  Violating or attempting to violate the provisions of the
 
 19        State Dental Act or the rules of the Board, a state or federal
 
 20        statute or rule relating to scheduled drugs, fraud, a violent crime
 
 21        or any crime for which the penalty includes the requirement of
 
 22        registration as a sex offender in this state as a principal,
 
 23        accessory or accomplice;
 
 24            39.  Failing to comply with the terms and conditions of an order
 
 25        imposing suspension of a license or placement on probation issued
 
 26        pursuant to Section 328.44a of this title;
 
 27            40.  Failing to cooperate during an investigation or providing
 


                                        26

 

  1        false information, verbally or in writing, to the Board, the Boards
 
  2        investigator or an agent of the Board;
 
  3            41.  Having multiple administrative or civil actions reported to
 
  4        the National Practitioner [Databank] Data Bank;
 
  5            42.  Failing to complete an approved two-hour course on opioid
 
  6        and scheduled drug prescribing within one (1) year of obtaining a
 
  7        license or a violation of a law related to controlled dangerous
 
  8        substances including prescribing laws pursuant to Section 2-309D of
 
  9        Title 63 of the Oklahoma Statutes;
 
 10            43.  Falling below the basic standard of care of a licensed
 
 11        dentist or dentist practicing in his or her specialty, a hygienist,
 
 12        dental assistant, or other licensee or permit holder pursuant to the
 
 13        State Dental Act and Section 20.1 of Title 76 of the Oklahoma
 
 14        Statutes; or
 
 15            44.  Failing to provide patient records as provided by Sections
 
 16        19 and 20 of Title 76 of the Oklahoma Statutes.
 
 17            B.  The provisions of the State Dental Act shall not be
 
 18        construed to prohibit any dentist from displaying or otherwise
 
 19        advertising that the dentist is also currently licensed, registered,
 
 20        certified or otherwise credentialed pursuant to the laws of this
 
 21        state or a nationally recognized credentialing board, if authorized
 
 22        by the laws of the state or credentialing board to display or
 
 23        otherwise advertise as a licensed, registered, certified, or
 
 24        credentialed dentist.
 
 25            SECTION 6.     AMENDATORY     59 O.S. 2021, Section 328.34, is
 
 26        amended to read as follows:
 
 27            Section 328.34.  A.  A dental hygienist may practice dental
 


                                        27

 

  1        hygiene under the supervision of a dentist in a dental office or
 
  2        treatment facility.  A dentist may employ not more than the
 
  3        equivalent of three full-time dental hygienists for each dentist
 
  4        actively practicing in the same dental office.  Employing the
 
  5        equivalent of three dental hygienists shall mean the employment or
 
  6        any combination of full- or part-time dental hygienists not to
 
  7        exceed one hundred twenty (120) hours per week per dentist.
 
  8            B.  1.  A dentist may delegate to a dental hygienist the
 
  9        following procedures:
 
 10                 a.  the duties and expanded duties authorized for dental
 
 11                      assistants by the State Dental Act or the rules of the
 
 12                      Board of Dentistry,
 
 13                 b.  health history assessment pertaining to dental
 
 14                      hygiene,
 
 15                 c.  dental hygiene examination and the charting of intra-
 
 16                      oral and extra-oral conditions, which include
 
 17                      periodontal charting, dental charting and classifying
 
 18                      occlusion,
 
 19                 d.  dental hygiene assessment and treatment planning for
 
 20                      procedures authorized by the supervisory dentist,
 
 21                 e.  prophylaxis, which means the removal of any and all
 
 22                      calcareous deposits, stains, accretions, or
 
 23                      concretions from the supragingival and subgingival
 
 24                      surfaces of human teeth, utilizing instrumentation by
 
 25                      scaler or periodontal curette on the crown and root
 
 26                      surfaces of human teeth, including rotary or power-
 
 27                      driven instruments.  This paragraph shall not be
 


                                        28

 

  1                      construed to prohibit the use of a prophy/polishing
 
  2                      cup or brush on the crowns of human teeth by a dental
 
  3                      assistant who holds a current expanded duty permit for
 
  4                      [Coronal Polishing/Topical Fluoride] coronal polishing
 
  5                      and topical fluoride issued by the Board,
 
  6                 f.  periodontal scaling and root planing,
 
  7                 g.  dental hygiene nutritional and dietary evaluation,
 
  8                 h.  placement of subgingival prescription drugs for
 
  9                      prevention and treatment of periodontal disease,
 
 10                 i.  soft tissue curettage,
 
 11                 j.  placement of temporary fillings,
 
 12                 k.  removal of overhanging margins,
 
 13                 l.  dental implant maintenance,
 
 14                 m.  removal of periodontal packs,
 
 15                 n.  polishing of amalgam restorations, and
 
 16                 o.  other procedures authorized by the Board.
 
 17            2.  The procedures specified in subparagraphs b through o of
 
 18        paragraph 1 of this subsection may be performed only by a dentist or
 
 19        a dental hygienist.
 
 20            3.  Except as provided in subsections C and D of this section,
 
 21        the procedures specified in paragraph 1 of this subsection may be
 
 22        performed by a dental hygienist only on a patient of record and only
 
 23        under the supervision of a dentist.  The advanced procedures of
 
 24        administration of nitrous oxide, administration of local anesthesia,
 
 25        neuromodulator administration, therapeutic use of lasers, and
 
 26        phlebotomy and venipuncture shall be performed only under the direct
 
 27        or indirect supervision of a dentist.  The level of supervision,
 


                                        29

 

  1        whether direct, indirect, or general, for the advanced procedure of
 
  2        elder care and public health pursuant to Section 7 of this act shall
 
  3        be at the discretion of the supervisory dentist.  Authorization for
 
  4        general supervision shall be limited to a maximum of thirteen (13)
 
  5        months following an examination by the supervisory dentist of a
 
  6        patient of record[.  For the purposes of this paragraph, patient of]
 
  7        [record means an individual who has given a medical history and has]
 
  8        [been examined and accepted by a dentist for dental care].
 
  9            C.  1.  A dentist may authorize procedures to be performed by a
 
 10        dental hygienist, without complying with the provisions of paragraph
 
 11        3 of subsection B of this section, if:
 
 12                 a.  the dental hygienist has at least two (2) [years]
 
 13        years
 
 14                      experience in the practice of dental hygiene,
 
 15                 b.  the authorization to perform the procedures is in
 
 16                      writing and signed by the dentist, and
 
 17                 c.  the procedures are performed during an initial visit
 
 18                      to a person in a treatment facility, or pursuant to
 
 19                      Section 7 of this act.
 
 20            2.  The person upon whom the procedures are performed must be
 
 21        referred to a dentist after completion of the procedures performed
 
 22        pursuant to paragraph 1 of this subsection.
 
 23            3.  A dental hygienist shall not perform a second set of
 
 24        procedures on a person pursuant to this subsection until the person
 
 25        has been examined and accepted for dental care by a dentist.
 
 26            4.  The treatment facility in which any procedure is performed
 
 27        by a dental hygienist pursuant to this subsection shall note each
 


                                        30

 

  1        such procedure in the medical records of the person upon whom the
 
  2        procedure was performed and list the dentist that authorized the
 
  3        hygienist to perform the procedures signed by the hygienist.
 
  4            D.  A treatment facility may employ dental hygienists whose
 
  5        services shall be limited to the examination of teeth and the
 
  6        teaching of dental hygiene or as otherwise authorized by the Board.
 
  7            E.  The Board is authorized to[:]
 
  8            [1.  Prescribe] prescribe, by rule, the educational requirements
 
  9        for advanced procedures that may be performed by a dental hygienist
 
 10        [who has satisfactorily completed a course of study regarding the]
 
 11        [performance of such procedures] upon receipt of the advanced
 
 12        procedures designated on his or her license.  The [advance] advanced
 
 13        procedures shall include the administration of local anesthesia [and],
 
 14        the administration of nitrous oxide analgesia[;]
 
 15            [2.  Establish guidelines for courses of study necessary for a]
 
 16        [dental hygienist to perform advanced procedures;]
 
 17            [3.  Issue authorization to perform advanced procedures to those]
 
 18        [dental hygienists who meet the eligibility requirements; and]
 
 19            [4.  Establish the level of supervision, whether direct, indirect]
 
 20        [or general, under which the advanced procedures may be performed],
 
 21        neuromodulator administration, therapeutic use of lasers, phlebotomy
 
 22        and venipuncture, and elder care and public health pursuant to
 
 23        Section 7 of this act.
 
 24            F.  A dental hygienist shall not own or operate an independent
 
 25        practice of dental hygiene.
 
 26            G.  Nothing in the State Dental Act shall be construed to
 
 27        prohibit a dentist from performing any of the procedures that may be
 


                                        31

 

  1        performed by a dental hygienist.
 
  2            H.  Nothing in the State Dental Act shall be construed to allow
 
  3        a dental assistant to work under the supervision of a dental
 
  4        hygienist while acting under direct, indirect or general
 
  5        supervision, except as provided by Section 7 of this act.
 
  6            SECTION 7.     NEW LAW     A new section of law to be codified
 
  7        in the Oklahoma Statutes as Section 328.58 of Title 59, unless there
 
  8        is created a duplication in numbering, reads as follows:
 
  9            A.  A licensed dentist may allow a dental hygienist with an
 
 10        elder care advanced procedure permit to treat patients under general
 
 11        supervision by utilizing teledentistry on a patient in:
 
 12            1.  A nursing facility, specialized facility, or nursing care
 
 13        component of a continuum of care facility licensed under or
 
 14        otherwise subject to the Nursing Home Care Act, Section 1-1901 et
 
 15        seq. of Title 63 of the Oklahoma Statutes;
 
 16            2.  An assisted living center or continuum of care facility
 
 17        licensed under the Continuum of Care and Assisted Living Act,
 
 18        Section 1-890.1 et seq. of Title 63 of the Oklahoma Statutes;
 
 19            3.  A residential care home licensed under the Residential Care
 
 20        Act, Section 1-819 et seq. of Title 63 of the Oklahoma Statutes;
 
 21            4.  An adult day care center or adult day care component of a
 
 22        continuum of care facility licensed under or otherwise subject to
 
 23        the Adult Day Care Act, Section 1-870 et seq. of Title 63 of the
 
 24        Oklahoma Statutes; or
 
 25            5.  Another healthcare facility or long-term care facility as
 
 26        specifically approved by the Board of Dentistry.
 
 27            B.  A dental hygienist with a minimum of two (2) years of
 


                                        32

 

  1        licensed active hygiene practice may apply to the Board for an
 
  2        advanced procedure permit for elder care and public health.
 
  3            C.  Upon receipt of the advanced procedure permit, the dental
 
  4        hygienist may provide hygiene treatments to a new or existing
 
  5        patient in a facility listed in subsection A of this section,
 
  6        utilizing mobile or other applicable dental equipment.  In addition
 
  7        to a written record and patient file, the hygienist shall complete a
 
  8        visual recording of the patients mouth through video or live
 
  9        teledentistry to aid the dentist in completing an evaluation and
 
 10        diagnosis of the patient.  The video recording shall be maintained
 
 11        as part of the patient record.
 
 12            D.  A dentist shall complete an in-person, live, or recorded
 
 13        teledentistry assessment, diagnosis, and treatment plan for the
 
 14        patient taking into consideration the needs, health, and physical
 
 15        abilities of the patient a minimum of every thirteen (13) months.
 
 16            E.  The supervising dentist shall maintain all patient records
 
 17        including teledentistry recordings for a period of seven (7) years.
 
 18            F.  A dental assistant having a minimum of two (2) years of
 
 19        active dental assisting practice may apply to the Board for an
 
 20        expanded duty permit for elder care and public health.  Upon receipt
 
 21        of the expanded duty permit, the dental assistant may assist a
 
 22        hygienist while providing treatment in a facility listed in
 
 23        subsection A of this section under the general supervision of the
 
 24        supervising dentist.  The patient records shall list the dental
 
 25        assistant providing treatment while assisting the dental hygienist.
 
 26            SECTION 8.  This act shall become effective July 1, 2023.
 
 27            SECTION 9.  It being immediately necessary for the preservation
 


                                        33

 

  1        of the public peace, health or safety, an emergency is hereby
 
  2        declared to exist, by reason whereof this act shall take effect and
 
  3        be in full force from and after its passage and approval.
 
  4        COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
 
  5        February 23, 2023 - DO PASS AS AMENDED BY CS
 
  6        SENATE FLOOR VERSION - SB754 SFLRPage 2
 
  7        (Bold face denotes Committee Amendments)
 










































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