1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1383 By: Bergstrom
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6 AS INTRODUCED
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7 An Act relating to diagnostic x-ray systems; amending
7 59 O.S. 2021, Section 328.15, as amended by Section
8 1, Chapter 158, O.S.L. 2022 (59 O.S. Supp. 2023,
8 Section 328.15), which relates to powers and duties
9 of the Board of Dentistry; requiring the Board to
9 enforce certain state and federal laws; amending 63
10 O.S. 2021, Section 1-1503, which relates to
10 diagnostic x-ray systems; providing certain
11 exception; giving certain power and duty to the
11 Board; requiring the Board to submit certain data to
12 the State Department of Health; limiting certain fee
12 schedule; and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 59 O.S. 2021, Section 328.15, as
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17 amended by Section 1, Chapter 158, O.S.L. 2022 (59 O.S. Supp. 2023,
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18 Section 328.15), is amended to read as follows:
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19 Section 328.15. A. Pursuant to and in compliance with Article
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20 I of the Administrative Procedures Act, the Board of Dentistry shall
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21 have the power to formulate, adopt, and promulgate rules as may be
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22 necessary to regulate the practice of dentistry in this state and to
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23 implement and enforce the provisions of the State Dental Act.
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24 B. The Board is authorized and empowered to:
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 1 1. Examine and test the qualifications of applicants for a
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2 license or permit to be issued by the Board;
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3 2. Affiliate by contract or cooperative agreement with another
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4 state or combination of states for the purpose of conducting
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5 simultaneous regional examinations of applicants for a license to
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6 practice dentistry, dental hygiene, or a dental specialty;
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7 3. Maintain a list of the name, current mailing address and
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8 official address of all persons who hold a license or permit issued
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9 by the Board;
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10 4. Account for all receipts and expenditures of the monies of
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11 the Board including annually preparing and publishing a statement of
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12 receipts and expenditures of the Board for each fiscal year;
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13 5. Within limits prescribed in the State Dental Act, set all
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14 fees and administrative penalties to be imposed and collected by the
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15 Board;
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16 6. Employ an Executive Director, legal counsel and other
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17 advisors to the Board including advisory committees;
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18 7. Investigate and issue investigative and other subpoenas,
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19 pursuant to Article II of the Administrative Procedures Act;
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20 8. Initiate individual proceedings and issue orders imposing
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21 administrative penalties, pursuant to Article II of the
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22 Administrative Procedures Act, against any dentist, dental
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23 hygienist, dental assistant, oral maxillofacial surgery assistant,
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24 dental laboratory technician, or holder of a permit to operate a
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 1 dental laboratory who has violated the State Dental Act or the rules
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2 of the Board;
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3 9. Conduct, in a uniform and reasonable manner, inspections of
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4 dental offices and dental laboratories and business records of
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5 dental offices and dental laboratories;
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6 10. Establish guidelines for courses of study necessary for
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7 dental assistants, oral maxillofacial surgery assistants and, when
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8 appropriate, issue permits authorizing dental assistants to perform
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9 expanded duties;
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10 11. Establish continuing education requirements for dentists,
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11 dental hygienists, dental assistants and oral maxillofacial surgery
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12 assistants who hold permits issued by the Board;
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13 12. Recognize the parameters and standards of care established
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14 and approved by the American Dental Association;
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15 13. Formulate, adopt, and promulgate rules, pursuant to Article
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16 I of the Administrative Procedures Act, as may be necessary to
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17 implement and enforce the provisions of the Oklahoma Dental
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18 Mediation Act and to enforce all state and federal laws pertaining
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19 to the use of diagnostic x-ray systems or other sources of radiation
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20 used for treatment purposes that occur in a dental office including,
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21 but not limited to, the Diagnostic X-Ray Facility Act;
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22 14. Seek and receive advice and assistance of the Office of the
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23 Attorney General of this state;
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 1 15. Promote the dental health and the education of dental
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2 health of the people of this state;
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3 16. Inform, educate, and advise all persons who hold a license
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4 or permit issued by the Board, or who are otherwise regulated by the
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5 Board, regarding the State Dental Act and the rules of the Board;
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6 17. Affiliate with the American Association of Dental Boards as
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7 an active member, pay regular dues, and send members of the Board as
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8 delegates to its meetings;
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9 18. Enter into contracts;
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10 19. Acquire by purchase, lease, gift, solicitation of gift or
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11 by any other manner, hold, encumber, and dispose of personal
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12 property as is needed, maintain, use and operate or contract for the
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13 maintenance, use and operation of or lease of any and all property
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14 of any kind, real, personal or mixed or any interest therein unless
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15 otherwise provided by the State Dental Act; provided, all contracts
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16 for real property shall be subject to the provisions of Section 63
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17 of Title 74 of the Oklahoma Statutes;
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18 20. Receive or accept the surrender of a license, permit, or
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19 certificate granted to any person by the Board as provided in
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20 Section 328.44b of this title; and
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21 21. Take all other actions necessary to implement and enforce
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22 the State Dental Act.
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23 SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-1503, is
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24 amended to read as follows:
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 1 Section 1-1503. A. The Except as provided by subsection C of
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2 this section, the State Department of Health is hereby designated as
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3 the official agency of the State of Oklahoma for all regulatory
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4 activities pertaining to health and safety in the use of diagnostic
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5 x-ray systems, and shall act as the coordinating agency for the
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6 purpose of cooperating with other states, the United States Public
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7 Health Service and other federal agencies in the administration of
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8 programs relating to diagnostic x-ray systems, available to the
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9 State of Oklahoma under federal laws; and it shall encourage,
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10 participate in, and conduct studies, investigations, training,
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11 research and demonstrations relating to constructive uses of
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12 diagnostic x-ray systems and the prevention and control of its
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13 associated harmful effects or unnecessary exposure, the effects to
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14 health on exposure to x-rays, and related problems.
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15 B. Nothing in the Diagnostic X-Ray Facility Act shall interfere
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16 with the doctor-patient relationship of any licensed member of the
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17 healing arts; nor shall anything in the Diagnostic X-Ray Facility
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18 Act prohibit a licensed practitioner of the healing arts, or an
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19 individual under the direction of such licensed practitioner, from
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20 using x-rays or other sources of radiation and/or fluoroscopes for
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21 diagnostic, research or treatment purposes, as authorized under the
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22 Practitioner’s Licensing Act, provided the radiation devices and the
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23 related facilities of the practitioner shall comply with the rules
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 1 and regulations promulgated under the provisions of the Diagnostic
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2 X-Ray Facility Act.
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3 C. Beginning on the effective date of this act, the Board of
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4 Dentistry shall have the power and duty to conduct all regulatory
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5 activities pertaining to health and safety in the use of diagnostic
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6 x-ray systems or other sources of radiation used for treatment
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7 purposes that occur in a dental office. The Board shall gather and
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8 submit data and statistics required by state and federal law to the
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9 State Department of Health annually or as requested. The fee
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10 schedule for inspections conducted by the Board under this
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11 subsection shall not exceed the fee schedule set by the State
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12 Commissioner of Health as of the effective date of this act for
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13 inspections of diagnostic x-ray systems at diagnostic x-ray
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14 facilities.
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15 SECTION 3. This act shall become effective January 1, 2025.
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17 59-2-3081 DC 12/15/2023 12:43:39 PM
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Statutes affected:
Introduced: 59-328.15
Floor (Senate): 59-328.15
Engrossed: 59-328.15