71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2184
 
                         Senate Bill 105
 
Sponsored by Senator FISHER
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Authorizes limited exemption to personal representative of
disabled or deceased dentist from licensing requirements for
conducting dental office for purpose of sale or transfer of
dental practice.
 
                        A BILL FOR AN ACT
Relating to licensing requirements for conducting dental office;
  amending ORS 679.020.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 679.020 is amended to read:
  679.020. (1) No person shall practice dentistry without a
license.
  (2) Before engaging, conducting, operating or maintaining any
dental office in any way, every individual shall obtain a license
to practice dentistry in this state.
  (3) The provisions of subsections (1) and (2) of this section
as they relate to owning and operating a dental clinic do not
apply to a labor organization as defined in ORS 243.650 and
663.005 (6), or to any nonprofit organization formed by or on
behalf of such labor organization for the purpose of providing
dental services. Such labor organization shall have had an active
existence for at least three years, have a constitution and
bylaws, and be maintained in good faith for purposes other than
providing dental services.
  (4) Any labor organization that owns or operates a dental
clinic pursuant to subsection (3) of this section shall appoint
an actively licensed dentist as its dental director who shall be
subject to the provisions of ORS 679.140 in the capacity as
dental director. The dental director shall have responsibility
for all matters affecting the clinical practice of dentistry,
which includes, but is not limited to:
  (a) Diagnosis of conditions within the human oral cavity and
its adjacent tissues and structures.
  (b) Prescribing drugs which are administered to patients in the
practice of dentistry.
  (c) Treatment plan of any dental patient.
  (d) Overall quality of patient care which is rendered or
performed in the practice of dentistry.
  (e) Supervision of dental hygienists or dental assistants and
the authorization for procedures performed by them as provided by
the rules of the Oregon Board of Dentistry.
  (f) Other specific services within the scope of clinical dental
practice.
  (5) Subsections (1) and (2) of this section do not apply to a
limited access permit dental hygienist who renders services
authorized by a limited access permit issued by the board
pursuant to ORS 680.200.  { +
  (6)(a) A personal representative of a deceased or disabled
dentist is exempt from subsection (2) of this section for 12
months for the purpose of facilitating the sale or transfer of a
dental practice. The 12-month period begins when the personal
representative files with the Oregon Board of Dentistry a
certified copy of the death certificate of the deceased dentist,
or a verified copy of a document from a physician attesting to
the disability of the dentist or a document demonstrating the
disabled status of the dentist as determined by the board. The
exemption from the provisions of subsection (2) of this section
may be extended beyond 12 months upon demonstration of a hardship
in accordance with rules adopted by the board.
  (b) A personal representative of a deceased or disabled dentist
may not:
  (A) Determine the clinical sufficiency, suitability,
reliability or efficacy of a particular service, product, process
or activity as it relates to the delivery of dental care;
  (B) Preclude or otherwise restrict the ability of a dentist to
exercise independent professional judgment over all qualitative
and quantitative aspects of the delivery of dental care;
  (C) Allow any person other than a dentist to supervise and
control the selection, compensation, terms, conditions,
obligations or privileges of employment or the retention of
clinical personnel in a dental practice;
  (D) Determine or limit fees charged by a dentist or limit the
methods of payment accepted by a dentist or the dentist's
practice; or
  (E) Limit or define the scope of services offered by the
dentist.
  (c) As used in this subsection:
  (A) 'Clinical' means having a significant, direct or indirect
relationship, whether real or potential, to the actual rendering
or outcome of dental care, the practice of dentistry or the
quality of dental care being provided to a patient.
  (B) 'Disabled' means the inability to engage in the practice of
dentistry and the operation of a dental practice as determined by
the board because of any medically established physical or mental
impairment.
  (C) 'Personal representative' means the spouse of a deceased
dentist or the executor or administrator of the estate of a
deceased dentist, or the spouse, attorney or accountant of a
disabled dentist. + }
    { - (6) - }   { + (7) + } As used in this section { + , + }
'owning and operating a dental clinic' means relating to the
business aspects of the dental practice, which includes, but is
not limited to, the ownership and management of a dental clinic.
'Management ' includes, but is not limited to, prices, credit,
refunds, warranties, advertising, office personnel and hours of
practice, but does not include the clinical practice of
dentistry.
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