Chapter 83 Oregon Laws 2003

AN ACT

HB 2240

Relating to dentistry; amending ORS 679.010, 679.060, 679.070, 679.080, 679.140, 679.160, 679.230, 679.260, 680.050, 680.060 and 680.070; repealing ORS 679.040 and 679.105; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 679.010 is amended to read:

679.010. As used in this chapter and ORS 680.010 to 680.205, unless the context requires otherwise:

(1) “Board” means the Oregon Board of Dentistry.

(2) “Dental assistant” means a person who, under the supervision of a dentist, renders assistance to a dentist, dental hygienist, dental technician or another dental assistant or renders assistance under the supervision of a dental hygienist providing dental hygiene.

(3) “Dental hygiene” means that portion of dentistry that includes the rendering of educational, preventive and therapeutic dental services in general, but specifically, scaling, root planing, curettage and any related intraoral or extraoral procedure required in the performance of such services.

(4) “Dental hygienist” means a person who, under the supervision of a dentist, practices dental hygiene.

(5) “Dental technician” means that person who, at the authorization of a dentist, makes, provides, repairs or alters oral prosthetic appliances and other artificial materials and devices which are returned to a dentist and inserted into the human oral cavity or which come in contact with its adjacent structures and tissues.

(6) “Dentist” means a person who may perform any intraoral or extraoral procedure required in the practice of dentistry.

[(2)] (7) “Dentistry” means the healing art which is concerned with the examination, diagnosis, treatment planning, treatment, care and prevention of conditions within the human oral cavity and maxillofacial region and conditions of adjacent or related tissues and structures. The practice of dentistry includes but is not limited to the cutting, altering, repairing, removing, replacing or repositioning of hard or soft tissues and other acts or procedures as determined by the board and included in the curricula of dental schools accredited by the Commission on Dental Accreditation of the American Dental Association, post-graduate training programs or continuing education courses.

[(3) “Dentist” means a person who may perform any intraoral or extraoral procedure required in the practice of dentistry.]

[(4) “Dental hygiene” means that portion of dentistry that includes the rendering of educational, preventive and therapeutic dental services in general, but specifically, scaling, root planing, curettage and any related intraoral or extraoral procedure required in the performance of such services.]

[(5) “Dental hygienist” means a person who, under the supervision of a dentist, practices dental hygiene.]

[(6) “Dental assistant” means a person who, under the supervision of a dentist, renders assistance to a dentist, dental hygienist, dental technician or another dental assistant.]

[(7) “Dental technician” means that person who, at the authorization of a dentist, makes, provides, repairs or alters oral prosthetic appliances and other artificial materials and devices which are returned to a dentist and inserted into the human oral cavity or which come in contact with its adjacent structures and tissues.]

(8) “Direct supervision” means supervision requiring that a dentist diagnose the condition to be treated, that a dentist authorize the procedure to be performed, and that a dentist remain in the dental treatment room while the procedures are performed.

(9) “General supervision” means supervision requiring that a dentist authorize the procedures, but not requiring that a dentist be present when the authorized procedures are performed. The authorized procedures may also be performed at a place other than the usual place of practice of the dentist.

[(9)] (10) “Indirect supervision” means supervision requiring that a dentist authorize the procedures and that a dentist be on the premises while the procedures are performed.

[(10) “General supervision” means supervision requiring that a dentist authorize the procedures, but not requiring that a dentist be present when the authorized procedures are performed. The authorized procedures may also be performed at a place other than the usual place of practice of the dentist.]

(11) “Limited access permit dental hygienist” means a dental hygienist who renders dental hygiene services without the supervision of a dentist in accordance with ORS 680.205 as authorized by a limited access permit issued by the board pursuant to ORS 680.200.

(12) “State” means any state or territory of the United States and the District of Columbia.

SECTION 2. ORS 679.060 is amended to read:

679.060. (1) Any person desiring to practice dentistry in this state shall file an application [for examination] with the Oregon Board of Dentistry [at least 45 days before the date set for the beginning of the examination].

(2) At the time of making the application, the applicant shall:

(a) Pay to the board the required application and examination fee.

(b) Furnish the board with evidence satisfactory to the board of details of any convictions recorded in any police records. Such details are subject to the findings required by ORS 670.280.

(c) Present to the board a diploma or evidence satisfactory to the board of having graduated from an accredited dental education program approved by the board.

(3) If an applicant has been in practice in another state or states the applicant shall furnish an affidavit from the secretary of the board of dental examiners or similar body of such state or states that the applicant has been engaged in the legal practice of dentistry in such state or states for a period of time prescribed by the rules of the Oregon Board of Dentistry.

(4) The board may refuse to issue a license to or renew a license [to] of an applicant who has been convicted of [an offense or disciplined by a dental licensing body in a manner that bears, in the judgment of the board, a demonstrable relationship to the ability of the applicant to practice dentistry in accordance with the provisions of this chapter, or who has falsified an application for licensure, or any person for any cause described under ORS 679.140 or 679.170] a violation of the law if the board makes the findings required by ORS 670.280. A certified copy of the record of conviction is conclusive evidence of conviction.

(5) The board may refuse to issue a license to or renew a license of an applicant who has been disciplined by a state licensing or regulatory agency of this or another state regarding any health care profession when, in the judgment of the board, the act or conduct resulting in the disciplinary action bears a demonstrable relationship to the ability of the licensee or applicant to practice dentistry in accordance with the provisions of this chapter. A certified copy of the record of the disciplinary action is conclusive evidence of the disciplinary action.

(6) The board may refuse to issue a license to or renew a license of an applicant who has falsified a license application, or any person for any cause described under ORS 679.140 or 679.170.

[(5)] (7) [Examination] Fees paid are not refundable.

SECTION 3. ORS 679.070 is amended to read:

679.070. (1) The Oregon Board of Dentistry may administer written, laboratory or clinical examinations to test professional knowledge and skills.

(2) The examination shall be elementary and practical in character but sufficiently thorough to test the fitness of the applicant to practice dentistry. It shall include, written in the English language, questions on any subjects pertaining to dental science. The written examination may be supplemented by oral examination. Demonstrations of the applicant’s skill in operative and prosthetic dentistry also may be required. [The examination shall be conducted under oath or affirmation before the board, and any member of the board may administer the necessary oath or affirmation.]

(3) The board may accept the results of national standardized examinations in satisfaction of the written examination as authorized by this section, and may accept the results of regional testing agencies or of clinical board examinations administered by other states in satisfaction of the laboratory or clinical examination authorized under this section.

(4) The board shall accept the results of regional testing agencies or of clinical board examinations administered by other states in satisfaction of the examinations authorized under this section for applicants who have engaged in the active practice of dentistry in other states, in Oregon or in the Armed Forces of the United States, the United States Public Health Service or the United States Department of Veterans Affairs for at least 3,500 hours in the five years immediately preceding application and who meet all other requirements for licensure.

SECTION 4. ORS 679.080 is amended to read:

679.080. [Any person failing to pass the first examination may apply for a second and a third regularly scheduled examination by the Oregon Board of Dentistry. The applicable fee and application for reexamination shall be submitted to the board at least 45 days before each such examination. If the applicant fails to pass the third examination for the practice of general dentistry the applicant will not be permitted to take any further examination until the applicant has attended and successfully passed a remedial program prescribed by a dental school and approved by the board.] The Oregon Board of Dentistry may adopt rules requiring additional education and examination of applicants who have failed the licensing examination three times.

SECTION 5. ORS 679.140 is amended to read:

679.140. (1) The Oregon Board of Dentistry may discipline as provided in this section any person licensed to practice dentistry in this state for any of the following causes:

(a) Conviction of any [offense] violation of the law for which the court could impose a punishment [of imprisonment] if the board makes the finding required by ORS 670.280. The record of conviction or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is entered, is conclusive evidence of the conviction.

(b) Renting or lending a license or diploma of the dentist to be used as the license or diploma of another person.

(d) Any violation of this chapter or ORS 680.010 to 680.205, of rules adopted pursuant to this chapter or ORS 680.010 to 680.205 or of an order issued by the board.

(e) Engaging in or permitting the performance of unacceptable patient care by the dentist or by any person working under the supervision of the dentist due to a deliberate or negligent act or failure to act by the dentist, regardless of whether actual injury to the patient is established.

(f) Incapacity to practice safely.

(2) [Unprofessional conduct] “Unprofessional conduct” as used in this chapter includes but is not limited to the following:

(a) Obtaining any fee by fraud or misrepresentation.

(b) Willfully betraying confidences involved in the patient-dentist relationship.

(d) Making use of any advertising statements of a character tending to deceive or mislead the public or that are untruthful.

(e) Addiction, dependency upon or self-abuse of alcohol or other drugs.

(f) Obtaining or attempting to obtain a controlled substance in any manner proscribed by the rules of the board.

(g) Prescribing or dispensing drugs outside the scope of the practice of dentistry or in a manner that impairs the health and safety of an individual.

[(h) The suspension or revocation by another state of a license to practice dentistry based upon acts by the licensee similar to acts described in this section. A certified copy of the record of suspension or revocation of the state making the suspension or revocation is conclusive evidence thereof.]

(h) Disciplinary action by a state licensing or regulatory agency of this or another state regarding a license to practice dentistry, dental hygiene or any other health care profession when, in the judgment of the board, the act or conduct resulting in the disciplinary action bears a demonstrable relationship to the ability of the licensee or applicant to practice dentistry or dental hygiene in accordance with the provisions of this chapter. A certified copy of the record of the disciplinary action is conclusive evidence of the disciplinary action.

(3) The proceedings under this section may be taken by the board from the matters within its knowledge or may be taken upon the information of another, but if the informant is a member of the board, the other members of the board shall constitute the board for the purpose of finding judgment of the accused.

(4) In determining what constitutes unacceptable patient care, the board may take into account all relevant factors and practices, including but not limited to the practices generally and currently followed and accepted by persons licensed to practice dentistry in this state, the current teachings at accredited dental schools, relevant technical reports published in recognized dental journals and the desirability of reasonable experimentation in the furtherance of the dental arts.

(5) In disciplining a person as authorized by subsection (1) of this section, the board may use any or all of the following methods:

(a) Suspend judgment.

(b) Place a licensee on probation.

(d) Revoke a license to practice dentistry in this state.

(e) Place limitations on a license to practice dentistry in this state.

(f) Refuse to renew a license to practice dentistry in this state.

(g) Accept the resignation of a licensee to practice dentistry in this state.

(h) Assess a civil penalty.

(i) Reprimand a licensee.

(j) Impose any other disciplinary action the board in its discretion finds proper, including assessment of the costs of the disciplinary proceedings as a civil penalty.

(6) If the board places any person upon probation as set forth in subsection (5)(b) of this section, the board may determine and may at any time modify the conditions of the probation and may include among them any reasonable condition for the purpose of protection of the public and for the purpose of the rehabilitation of the probationer or both. Upon expiration of the term of probation, further proceedings shall be abated by the board if the person holding the license furnishes the board with evidence that the person is competent to practice dentistry and has complied with the terms of probation. If the evidence fails to establish competence to the satisfaction of the board or if the evidence shows failure to comply with the terms of the probation, the board may revoke or suspend the license.

(7) If a license to practice dentistry in this state is suspended, the person holding the license may not practice during the term of suspension. Upon the expiration of the term of suspension, the license shall be reinstated by the board if the board finds, based upon evidence furnished by the person, that the person is competent to practice dentistry and has not practiced dentistry in this state during the term of suspension. If the evidence fails to establish to the satisfaction of the board that the person is competent or if any evidence shows the person has practiced dentistry in this state during the term of suspension, the board may revoke the license after notice and hearing.

[(8) Civil penalties under this section shall be imposed as provided in ORS 183.090.]

[(9)] (8) Upon receipt of a complaint under this chapter or ORS 680.010 to 680.205, the board shall conduct an investigation as described under ORS 676.165.

[(10)] (9) Information that the board obtains as part of an investigation into licensee or applicant conduct or as part of a contested case proceeding, consent order or stipulated agreement involving licensee or applicant conduct is confidential as provided under ORS 676.175. Notwithstanding ORS 676.165 to 676.180, the board may disclose confidential information regarding a licensee or an applicant to persons who may evaluate or treat the licensee or applicant for drug abuse, alcohol abuse or any other health related conditions.

[(11)] (10) The board may impose against any person who violates the provisions of this chapter or ORS 680.010 to 680.205 or rules of the board a civil penalty of up to $5,000 for each violation. Any civil penalty imposed under this section shall be imposed in the manner provided in ORS 183.090.

(11) Notwithstanding the expiration, suspension, revocation or surrender of the license, or the resignation or retirement of the licensee, the board may:

(a) Proceed with any investigation of, or any action or disciplinary proceedings against, the dentist or dental hygienist; or

(b) Revise or render void an order suspending or revoking the license.

(12)(a) The board may continue with any proceeding or investigation for a period not to exceed four years from the date of the expiration, suspension, revocation or surrender of the license, or the resignation or retirement of the licensee; or

(b) If the board receives a complaint or initiates an investigation within that four-year period, the board’s jurisdiction continues until the matter is concluded by a final order of the board following any appeal.

(13) Withdrawing the application for license does not close any investigation, action or proceeding against an applicant.

SECTION 6. ORS 679.160 is amended to read:

679.160. (1) Any licensee who has been disciplined by the Oregon Board of Dentistry may obtain judicial review of the decision in the manner prescribed by ORS 183.310 to 183.550.

[(2) Pending judicial review by the Court of Appeals or the Supreme Court, the licensee shall not be permitted to practice dentistry if the grounds for action by the board were:]

[(a) Mental incompetency;]

[(b) Advanced physical disability impairing the licensee’s ability to carry out functions; or]

[(c) Addiction, dependency upon or self-abuse of alcohol or other drugs which endangers the public by impairing a licensee’s ability to practice safely.]

(2) Notwithstanding ORS 676.210, enforcement of the board’s disciplinary order pending appeal shall be determined pursuant to ORS 183.482 (3).

SECTION 7. ORS 679.230 is amended to read:

679.230. The Oregon Board of Dentistry [in the Department of Human Services] shall consist of nine members. A member shall be appointed to the board by the Governor upon the expiration of the term of office of each of the preceding board members. Appointments to the board by the Governor are subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. Each member shall hold the office for four years and until the member’s successor is appointed and qualified. Terms of office begin on the first Monday of April after the time of appointment. No person is eligible to membership on the board who is not a citizen of the United States or a resident of the State of Oregon. Six members shall be Oregon active licensed dentists, of which at least one shall be a dentist practicing in a dental specialty recognized by the American Dental Association, one member shall be a public member and two members shall be Oregon active licensed dental hygienists. Appointments of dentists made by the Governor to the Oregon Board of Dentistry may be selected by the Governor from a list of five names for each appointment suggested by the Oregon Dental Association. Appointments of dental hygienists made by the Governor to the Oregon Board of Dentistry may be selected by the Governor from a list of five names suggested by the Oregon Dental Hygienists’ Association. Appointments of dental specialists by the Governor to the Oregon Board of Dentistry may be selected by the Governor from one name suggested by each of the organizations representing a dental specialty. Members are entitled to compensation and expenses as provided in ORS 292.495.

SECTION 8. ORS 679.260 is amended to read:

679.260. (1) The Oregon Board of Dentistry Account is established in the State Treasury separate and distinct from the General Fund.

[(1)] (2) All moneys received by the [Department of Human Services] Oregon Board of Dentistry under this chapter shall be [paid into the General Fund in] paid to the State Treasury and [placed to the credit of] credited to the [Public Health] Oregon Board of Dentistry Account. Any interest or other income derived from moneys paid into the account shall be credited monthly to the account.

(3) Moneys in the Oregon Board of Dentistry Account [and such moneys hereby] are appropriated continuously and shall be used only for the administration and enforcement of ORS 680.010 to 680.205 and this chapter.

[(2)] (4) All fines imposed and collected under this chapter shall be paid into the treasury of the county in which the suits, actions or proceedings were commenced. All money thus paid into the treasury, over and above the amount necessary to reimburse the county for any expense incurred by the county, in any suit, action or proceeding brought under this chapter, shall be paid before January 1 of each year, into the State Treasury and placed to the credit of the [Public Health] Oregon Board of Dentistry Account and such moneys hereby are continuously appropriated and shall be used only for the administration and enforcement of ORS 680.010 to 680.205 and this chapter.

[(3)] (5) Ten percent of the annual license fee to be paid by each licensee of the Oregon Board of Dentistry shall be used by the board to [insure] ensure the continued professional competence of licensees. Such activities shall include the development of performance standards and professional peer review.

SECTION 9. ORS 680.050 is amended to read:

680.050. (1) Any person desiring to practice dental hygiene in this state shall file an application [for examination] with the Oregon Board of Dentistry [at least 45 days before the date set for the beginning of the examination].

(2) At the time of making application, the applicant shall:

(a) Pay to the board the required application and examination fee.

(b) Furnish the board with evidence satisfactory to the board of details of any convictions recorded in any police records. Such details are subject to the findings required by ORS 670.280.

(c) Present to the board a diploma or evidence satisfactory to the board of having graduated from an accredited dental hygiene program approved by the board.

(3) If an applicant has been in practice in another state or states the applicant shall furnish an affidavit from the board of dental examiners or similar body of such state or states that the applicant has been engaged in the legal practice of dental hygiene in such state or states for a period of time prescribed by the rules of the Oregon Board of Dentistry.

(4) The board may refuse to issue a license to or renew a license [to] of an applicant who has been convicted of [an offense or been disciplined by a dental licensing body in a manner that bears, in the judgment of the board, a demonstrable relationship to the ability of the applicant to practice dental hygiene in accordance with the provisions of this chapter, or who has falsified an application for licensure, or any person for any cause described under ORS 679.140 or 679.170] a violation of law if the board makes the findings required by ORS 670.280. A certified copy of the record of conviction is conclusive evidence of conviction.

(5) The board may refuse to issue a license to or renew a license of an applicant who has been disciplined by a state licensing or regulatory agency of this or another state regarding any health care profession when, in the judgment of the board, the acts or conduct resulting in the disciplinary action bears a demonstrable relationship to the ability of the licensee or applicant to practice dental hygiene in accordance with the provisions of ORS 680.010 to 680.205. A certified copy of the record of the disciplinary action is conclusive evidence of the disciplinary action.

(6) The board may refuse to issue a license to or renew a license of an applicant who has falsified a license application, or any person for any cause described under ORS 679.140 or 679.170.

[(5)] (7) [Examination] Fees paid are not refundable.

SECTION 10. ORS 680.060 is amended to read:

680.060. (1) The Oregon Board of Dentistry may administer written, laboratory or clinical examinations to test professional knowledge and skills.

(2) The examination shall be sufficiently thorough to test the fitness of the applicant to practice dental hygiene. It shall include, written in the English language, questions on any subjects pertaining to dental hygiene. The written examination may be supplemented by oral examination. Demonstrations of the applicant’s skill in clinical dental hygiene also may be required. [The examination shall be conducted under oath or affirmation before the board, and any member of the board may administer the necessary oath or affirmation.]

(3) The board may accept the results of national standardized examinations in satisfaction of the written examination as authorized by this section, and may accept the results of regional testing agencies or of clinical board examinations administered by other states in satisfaction of the clinical examination authorized under this section.

(4) The board shall accept the results of regional testing agencies or of clinical board examinations administered by other states in satisfaction of the examinations authorized under this section for applicants who have engaged in the active practice of dental hygiene in other states or in the Armed Forces of the United States, the United States Public Health Service or the United States Department of Veterans Affairs for a period of at least 3,500 hours in the five years immediately preceding application and who meet all other requirements for licensure.

SECTION 11. ORS 680.070 is amended to read:

680.070. [Any person failing to pass the first examination may apply for a second and third regularly scheduled examination by the Oregon Board of Dentistry. The applicable fee and application for reexamination shall be submitted to the board at least 45 days before such examination. If the applicant fails to pass the third examination, the applicant will not be permitted to take any further examination until the applicant has attended and successfully passed a remedial program prescribed by a dental hygiene school and approved by the board.] The Oregon Board of Dentistry may adopt rules requiring additional education and examination of applicants who have failed the licensing examination three times.

SECTION 12. ORS 679.040 and 679.105 are repealed.

SECTION 13. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor May 24, 2003

Filed in the office of Secretary of State May 27, 2003

Effective date May 24, 2003

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