72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1362
House Bill 2964
Sponsored by Representatives BATES, KRUSE; Representatives
BARNHART, FARR, GARRARD, HUNT, KRUMMEL, MONNES ANDERSON,
Senators FISHER, METSGER, MORRISETTE, SHIELDS, WALKER
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.
Expands types of organizations that may own or operate dental
clinic or office. Allows actively licensed dentist to be
responsible for clinical practice of dentistry in dental office
or clinic. Requires retention of patient dental records and
records of supervising dentists. Allows certain fiduciaries for
dentist or estate of deceased dentist to retain ownership
interest in dental clinic or office for limited period.
A BILL FOR AN ACT
Relating to dental practices; 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 { + office
or + } clinic do not apply to { + a dental office or clinic
owned or operated by:
(a) + } 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 - }
{ + must + } 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 { + ;
(b) The School of Dentistry of the Oregon Health and Science
University;
(c) Local governments;
(d) Institutions or programs accredited by the Commission on
Dental Accreditation of the American Dental Association to
provide education and training;
(e) Nonprofit corporations organized under Oregon law to
provide dental services to rural areas and medically underserved
populations of migrant, rural community or homeless individuals
under 42 U.S.C. 254b or 254c or health centers qualified under 42
U.S.C. 1396d(l)(2)(B) operating in compliance with other
applicable state and federal law; and
(f) Nonprofit charitable corporations as described in section
501(c)(3) of the Internal Revenue Code and determined by the
Oregon Board of Dentistry as providing dental services by
volunteer licensed dentists to populations with limited access to
dental care at no charge or a substantially reduced charge + }.
(4) Any { - labor organization - } { + entity + } that owns
or operates a dental { + office or + } clinic pursuant to
subsection (3) of this section
{ - shall appoint - } { + must:
(a) Name + } 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 { + , or an
actively licensed dentist designated by the director, + } shall
have responsibility for { - all matters affecting - } the
clinical practice of dentistry, which includes, but is not
limited to:
{ - (a) - } { + (A) + } Diagnosis of conditions within the
human oral cavity and its adjacent tissues and structures.
{ - (b) - } { + (B) + } Prescribing drugs { - which - }
{ + that + } are administered to patients in the practice of
dentistry.
{ - (c) - } { + (C) + } { + The + } treatment plan of any
dental patient.
{ - (d) - } { + (D) + } Overall quality of patient care
{ - which - } { + that + } is rendered or performed in the
practice of dentistry.
{ - (e) - } { + (E) + } Supervision of dental hygienists
{ - or - } { + , + } dental assistants { + or other personnel
involved in direct patient care + } and the authorization for
procedures performed by them { - as provided by - } { + in
accordance with the standards of supervision established by
statute or by + } the rules of the { - Oregon - } board
{ - of Dentistry - } .
{ - (f) - } { + (F) + } Other specific services within the
scope of clinical dental practice.
{ + (G) Retention of patient dental records as required by
statute or by rule of the board.
(H) Ensuring that each patient receiving services from the
dental office or clinic has a dentist of record.
(b) Maintain current records of the names of licensed dentists
who supervise the clinical activities of dental hygienists,
dental assistants or other personnel involved in direct patient
care utilized by the entity. The records must be available to the
board upon written request. + }
(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) { - 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. - }
{ + Nothing in this chapter precludes a person or entity not
licensed by the board from:
(a) Ownership or leasehold of any tangible or intangible assets
used in a dental office or clinic. These assets include real
property, furnishings, equipment and inventory but do not include
dental records of patients related to clinical care.
(b) Employing or contracting for the services of personnel
other than licensed dentists.
(c) Management of the business aspects of a dental office or
clinic that do not include the clinical practice of dentistry.
(7) If all of the ownership interests of a dentist or dentists
in a dental office or clinic are held by an administrator,
executor, personal representative, guardian, conservator or
receiver of the estate of a former shareholder, member or
partner, the administrator, executor, personal representative,
guardian, conservator or receiver may retain the ownership
interest for a period of 12 months following the receipt or
transfer of the ownership interest. The board shall extend the
ownership period for an additional 12 months upon 30 days' notice
and may grant additional extensions upon reasonable request.
(8) Subject to the requirements of ORS chapters 58, 63 and 67,
nothing in this chapter prohibits the formation of a professional
corporation organized under ORS chapter 58, a limited liability
company organized under ORS chapter 63 or a limited liability
partnership organized under ORS chapter 67 for the practice of
dentistry if:
(a) At least 51 percent of the ownership interest in the entity
is held by one or more dentists licensed under this chapter; and
(b) At least 51 percent of the voting rights in the entity are
held by one or more dentists licensed under this chapter. + }
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