Chapter 379
AN ACT
HB 2867
Relating to dental hygiene; creating new
provisions; amending ORS 679.010, 680.020, 680.150, 680.200 and 680.205; and
declaring an emergency.
Be It Enacted by the People of
the State of
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,] and diagnosis and treatment planning for
such services. “Dental hygiene” includes, but is not limited to, scaling,
root planing, curettage, the application of sealants and fluoride 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.
(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.
(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.
(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.
(11) “Limited access
permit dental hygienist” means a dental hygienist who renders dental hygiene
services 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
SECTION 2. ORS 680.200 is amended to read:
680.200. (1) Upon
application accompanied by the fee established by the Oregon Board of
Dentistry, the board shall grant a permit to practice as a limited access
permit dental hygienist to any applicant who:
(a)
Holds a valid, unrestricted
(b) Presents evidence
satisfactory to the board of at least 2,500 hours of supervised dental hygiene
practice;
[(b) Presents evidence satisfactory to the board of at least 5,000 hours
of supervised dental hygiene clinical practice within the previous five years;]
(c) Presents proof of
current professional liability insurance coverage;
(d) Presents
documentation satisfactory to the board of successful completion of a total of
40 hours of [courses] course
content from a formal, post-secondary educational program accredited by the
Commission on Dental Accreditation of the American Dental Association or its
successor agency or other appropriate health professional program accreditation
agency and approved by the board, including but not limited to:
(A) General medicine and
physical diagnosis;
(B) Pharmacology;
(C) Oral pathology;
(D) Patient management
and psychology; and
(E) Jurisprudence
relating to unsupervised practice with limited access patients; and
(e) Presents
documentation satisfactory to the board of successful completion of an
emergency life support course for health professionals, including
cardiopulmonary resuscitation, from an agency or educational institution
approved by the board.
(2) All permits issued
pursuant to subsection (1) of this section expire two years following the date
of issuance unless renewed on or before that date by:
(a) Payment of the
renewal fee as set by the board;
(b) Submission to the
board of satisfactory evidence of completion of at least 36 hours of continuing
education, 12 hours of which shall be in the [coursework] course content areas required in subsection (1)
of this section; and
(c) Presentation to the
board of proof of professional liability insurance coverage.
(3) The board may refuse
to issue or renew a limited access permit or may suspend or revoke the permit
of a limited access permit dental hygienist 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 limited access permit dental hygiene in accordance with
the provisions of this chapter or ORS chapter 679, or who has falsified an
application for permit, or any person for any cause described under ORS 679.140
or 679.170.
SECTION 3. ORS 680.205 is amended to read:
680.205. (1) A dental
hygienist issued a permit to act as a limited access permit dental hygienist
under ORS 680.200 shall be authorized to render all services within the scope
of practice of dental hygiene, as defined in ORS 679.010, without the
supervision of a dentist and as authorized by the limited access permit to:
(a) Patients or
residents of the following facilities or programs who, due to age, infirmity or
disability, are unable to receive regular dental hygiene treatment:
(A) Nursing homes as
defined in ORS 678.710;
(B) Adult foster homes
as defined in ORS 443.705;
(C) Residential care
facilities as defined in ORS 443.400;
(D) Adult congregate
living facilities as defined in ORS 441.525;
(E) Mental health
residential programs administered by the Department of Human Services;
(F) Facilities for
mentally ill persons, as defined in ORS 426.005;
(G) Facilities for
persons with mental retardation, as defined in ORS 427.005;
(H) Local correctional
facilities and juvenile detention facilities as those terms are defined in ORS
169.005, regional correctional facilities as defined in ORS 169.620, youth
correction facilities as defined in ORS 420.005, youth care centers as defined
in ORS 420.855, and Department of Corrections institutions as defined in ORS
421.005; or
(I)
Public and nonprofit community health clinics.
(b) Homebound adults.
(c) Students or
enrollees of nursery schools and day care programs and their siblings under 18
years of age, Job Corps and other similar employment training facilities,
primary and secondary schools, including private schools and public charter
schools, and persons entitled to benefits under the Women, Infants and Children
Program.
(2) The Oregon Board of
Dentistry may authorize the provision of dental hygiene services by a limited
access permit dental hygienist at locations or to populations that are
underserved or lack access to dental hygiene services.
(3) At least once each
calendar year, a dental hygienist issued a permit to act as a limited access
permit dental hygienist shall refer each patient or resident to a dentist who
is available to treat the patient or resident.
(4) Nothing in this
section shall be construed to authorize a limited access permit dental
hygienist to administer local anesthesia, denture soft lines, temporary
restorations and radiographs except under the general supervision of a dentist
licensed under ORS chapter 679, or to administer nitrous oxide except under the
indirect supervision of a dentist licensed under ORS chapter 679.
(5) A limited access permit
dental hygienist may [provide] assess
the need for and appropriateness of sealants, apply sealants and write
prescriptions for all applications of fluoride in which fluoride is applied or
supplied to patients.
(6) A person granted a
limited access permit under ORS 680.200 shall also procure all other permits or
certificates required by the board under ORS 679.250.
SECTION 4. ORS 680.150 is amended to read:
680.150. (1) Any dentist
may employ a dental hygienist who may engage in the practice of dental hygiene
in the office of such dentist under the general supervision of a dentist.
(2) Any public
institution, health care facility or health maintenance organizations, as those
terms are defined in ORS 442.015, may employ a dental hygienist who may engage
in the practice of dental hygiene under the general supervision of a dentist.
(3) A dental hygienist
under the general supervision of a dentist may engage in the practice of dental
hygiene in any place where limited access patients are located.
(4) The Oregon Board of
Dentistry may adopt rules specifying other locations where dental hygienists
may work and shall specify in its rules the degree of supervision a dentist
must exercise over the procedures the hygienist performs.
(5) Notwithstanding
ORS 679.010 (4), supervision by a dentist is not required when a dental
hygienist determines the need for and appropriateness of sealants or fluoride,
and applies sealants or fluoride at the locations and for persons described in
ORS 680.205 (1) and (2).
SECTION 5. ORS 680.020 is amended to read:
680.020. (1) It shall be
unlawful for any person not otherwise authorized by law to practice dental
hygiene or purport to be a dental hygienist without a valid license to practice
dental hygiene issued by the Oregon Board of Dentistry.
(2) The requirements of
this section shall not apply to:
(a) Dental hygienists
licensed in another state making a clinical presentation sponsored by a bona
fide dental or dental hygiene society or association or an accredited dental or
dental hygiene education program approved by the board.
(b) Bona fide full-time
students of dental hygiene who, during the period of their enrollment and as a
part of the course of study in an Oregon dental hygiene education program
accredited by the Commission on Dental Accreditation of the American Dental
Association, or its successor agency, if any, which must have been approved by
the board, engage in clinical studies on the premises of such program or in a
clinical setting located off the premises if the facility, the instructional
staff, and the course of study at the off-premises location meet minimum
requirements prescribed by the rules of the board and the clinical study is
performed under the direct supervision of a member of the faculty.
(c) Bona fide full-time
students of dental hygiene who, during the period of their enrollment and as a
part of the course of study in a dental hygiene education program located
outside of Oregon that is accredited by the Commission on Dental Accreditation
of the American Dental Association or its successor agency, engage in
community-based or clinical studies as an elective or required rotation in a
clinical setting located in Oregon if the community-based or clinical studies
meet minimum requirements prescribed by the rules of the board and are
performed under the direct supervision of a member of the faculty of the Oregon
Health and Science University School of Dentistry or another Oregon university
with an accredited dental hygiene education program approved by the board.
(d) Candidates who are
preparing for licensure examination to practice dental hygiene and whose
application has been accepted by the board or its agent, if such clinical
preparation is conducted in a clinic located on premises approved for that
purpose by the board and if the procedures are limited to examination only.
(e) Dental hygienists
practicing in the discharge of official duties as employees of the United
States Government and any of its agencies.
(f) Instructors of
dental hygiene, whether full- or part-time, while exclusively engaged in
teaching activities and while employed in accredited dental hygiene educational
programs.
(g) Dental hygienists
employed by public health agencies who are not engaged in direct delivery of
clinical dental hygiene services to patients.
(h) Counselors and
health assistants who have been trained in the application of fluoride
varnishes to the teeth of children and who apply fluoride varnishes only to the
teeth of children enrolled in or receiving services from the Women, Infants and
Children Program, the Oregon prekindergarten program or a federal Head Start
grant program.
SECTION 6. Counselors and health assistants who have
been trained in the application of fluoride varnishes to the teeth of children
may apply fluoride varnishes to the teeth of children enrolled in or receiving
services or benefits from the Women, Infants and Children Program, the Oregon
prekindergarten program or a federal Head Start grant program.
SECTION 7. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor June 12, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date June 12, 2007
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