1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1929 By: Kidd
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6 AS INTRODUCED
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7 An Act relating to the practice of dentistry;
7 amending 59 O.S. 2021, Section 328.3, as amended by
8 Section 1, Chapter 220, O.S.L. 2023 (59 O.S. Supp.
8 2023, Section 328.3), which relates to definitions
9 used in the State Dental Act; modifying definition;
9 amending 59 O.S. 2021, Section 328.15, as amended by
10 Section 1, Chapter 158, O.S.L. 2022 (59 O.S. Supp.
10 2023, Section 328.15), which relates to powers of the
11 Board of Dentistry; broadening certain power;
11 amending 59 O.S. 2021, Section 328.21, as last
12 amended by Section 2, Chapter 220, O.S.L. 2023 (59
12 O.S. Supp. 2023, Section 328.21), which relates to
13 application for license; granting automatic
13 eligibility for specified advanced procedure to
14 certain dental hygienists; amending 59 O.S. 2021,
14 Section 328.23a, as amended by Section 4, Chapter
15 158, O.S.L. 2022 (59 O.S. Supp. 2023, Section
15 328.23a), which relates to special volunteer
16 licenses; authorizing licensure of active duty
16 military personnel; providing certain exemption;
17 amending 59 O.S. 2021, Section 328.31b, which relates
17 to patient recordkeeping requirements; modifying
18 minimum requirements of patient records; amending 59
18 O.S. 2021, Section 328.41, as amended by Section 7,
19 Chapter 158, O.S.L. 2022 (59 O.S. Supp. 2023, Section
19 328.41), which relates to continuing education
20 requirements; providing exemption for active duty
20 military personnel; amending 59 O.S. 2021, Section
21 328.44a, which relates to penalties and reviews;
21 providing for withdrawal of certain orders under
22 specified conditions; stipulating certain procedures
22 and considerations; authorizing certain summary
23 denial; directing certain vote and settlement
23 agreement; amending 59 O.S. 2021, Section 328.44b,
24 which relates to surrender of license, permit, or
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 1 certificate; modifying requirements for acceptance of
1 surrender; and providing an effective date.
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4 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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5 SECTION 1. AMENDATORY 59 O.S. 2021, Section 328.3, as
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6 amended by Section 1, Chapter 220, O.S.L. 2023 (59 O.S. Supp. 2023,
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7 Section 328.3), is amended to read as follows:
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8 Section 328.3. As used in the State Dental Act, the following
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9 words, phrases, or terms, unless the context otherwise indicates,
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10 shall have the following meanings:
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11 1. “Accredited dental college” means an institution whose
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12 dental educational program is accredited by the Commission on Dental
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13 Accreditation of the American Dental Association;
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14 2. “Accredited dental hygiene program” means a dental hygiene
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15 educational program which is accredited by the Commission on Dental
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16 Accreditation of the American Dental Association;
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17 3. “Accredited dental assisting program or class” means a
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18 dental assisting program which is accredited by the Commission on
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19 Dental Accreditation of the American Dental Association or a class
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20 approved by the Board of Dentistry;
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21 4. “Advanced procedure” means a dental procedure for which a
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22 dental hygienist has received special training in a course of study
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23 approved by the Board;
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24 5. “Board” means the Board of Dentistry;
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 1 6. “Certified dental assistant” means a dental assistant who
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2 has earned and maintains current certified dental assistant
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3 certification from the Dental Assisting National Board (DANB);
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4 7. “Coronal polishing” means a procedure limited to the removal
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5 of plaque and stain from exposed tooth surfaces, utilizing a slow
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6 speed hand piece with a prophy/polishing cup or brush and polishing
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7 agent and is not prophylaxis. To be considered prophylaxis,
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8 examination for calculus and scaling must be done by a hygienist or
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9 dentist;
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10 8. “Deep sedation” means a drug-induced depression of
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11 consciousness during which patients cannot be easily aroused but
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12 respond purposefully following repeated or painful stimulation. The
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13 ability to independently maintain ventilator function may be
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14 impaired. Patients may require assistance in maintaining a patent
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15 airway, and spontaneous ventilation may be inadequate.
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16 Cardiovascular function is usually maintained;
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17 9. “Dentistry” means the practice of dentistry in all of its
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18 branches;
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19 10. “Dentist” means a graduate of an accredited dental college
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20 who has been issued a license by the Board to practice dentistry as
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21 defined in Section 328.19 of this title;
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22 11. “Dental ambulatory surgical center (DASC)” means a facility
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23 that operates exclusively for the purpose of furnishing outpatient
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24 surgical services to patients. A DASC shall have the same
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 1 privileges and requirements as a dental office and additionally must
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2 be an accredited facility by the appropriate entity;
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3 12. “Dental office” means an establishment owned and operated
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4 by a dentist for the practice of dentistry, which may be composed of
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5 reception rooms, business offices, private offices, laboratories,
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6 and dental operating rooms where dental operations are performed;
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7 13. “Dental hygiene” means the science and practice of the
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8 promotion of oral health and prevention and treatment of oral
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9 disease through the provision of educational, therapeutic, clinical,
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10 and preventive services;
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11 14. “Dental hygienist” means an individual who has fulfilled
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12 the educational requirements and is a graduate of an accredited
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13 dental hygiene program and who has passed an examination and has
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14 been issued a license by the Board and who is authorized to practice
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15 dental hygiene as hereinafter defined;
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16 15. “Dental assistant” or “oral maxillofacial surgery
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17 assistant” means an individual working for a dentist, under the
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18 dentist’s direct supervision or direct visual supervision, and
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19 performing duties in the dental office or a treatment facility
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20 including the limited treatment of patients in accordance with the
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21 provisions of the State Dental Act. A dental assistant or oral
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22 maxillofacial surgery assistant may assist a dentist with the
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23 patient; provided, this shall be done only under the direct
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24 supervision or direct visual supervision and control of the dentist
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 1 and only in accordance with the educational requirements and rules
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2 promulgated by the Board;
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3 16. “Dental laboratory” means a location, whether in a dental
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4 office or not, where a dentist or a dental laboratory technician
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5 performs dental laboratory technology;
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6 17. “Dental laboratory technician” means an individual whose
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7 name is duly filed in the official records of the Board, which
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8 authorizes the technician, upon the laboratory prescription of a
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9 dentist, to perform dental laboratory technology, which services
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10 must be rendered only to the prescribing dentist and not to the
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11 public;
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12 18. “Dental laboratory technology” means using materials and
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13 mechanical devices for the construction, reproduction or repair of
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14 dental restorations, appliances or other devices to be worn in a
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15 human mouth;
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16 19. “Dental specialty” means a specialized practice of a branch
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17 of dentistry, recognized by the Board, where the dental college and
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18 specialty program are accredited by the Commission on Dental
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19 Accreditation (CODA), or a dental specialty recognized by the Board,
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20 requiring a minimum number of hours of approved education and
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21 training and/or recognition by a nationally recognized association
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22 or accreditation board;
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23 20. “Direct supervision” means the supervisory dentist is in
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24 the dental office or treatment facility and, during the appointment,
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 1 personally examines the patient, diagnoses any conditions to be
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2 treated, and authorizes the procedures to be performed by a dental
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3 hygienist, dental assistant, or oral maxillofacial surgery
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4 assistant. The supervising dentist is continuously on-site and
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5 physically present in the dental office or treatment facility while
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6 the procedures are being performed and, before dismissal of the
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7 patient, evaluates the results of the dental treatment;
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8 21. “Direct visual supervision” means the supervisory dentist
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9 has direct ongoing visual oversight which shall be maintained at all
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10 times during any procedure authorized to be performed by a dental
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11 assistant or an oral maxillofacial surgery assistant;
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12 22. “Expanded duty” means a dental procedure for which a dental
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13 assistant has received special training in a course of study
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14 approved by the Board;
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15 23. “Fellowship” means a program designed for post-residency
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16 graduates to gain knowledge and experience in a specialized field;
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17 24. “General anesthesia” means a drug-induced loss of
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18 consciousness during which patients are not arousable, even by
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19 painful stimulation. The ability to independently maintain
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20 ventilator function is often impaired. Patients often require
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21 assistance in maintaining a patent airway, and positive pressure
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22 ventilation may be required because of depressed spontaneous
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23 ventilation or drug-induced depression of neuromuscular function.
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24 Cardiovascular function may be impaired;
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 1 25. “General supervision” means the supervisory dentist has
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2 diagnosed any conditions to be treated within the past thirteen (13)
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3 months, has personally authorized the procedures to be performed by
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4 a dental hygienist, and will evaluate the results of the dental
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5 treatment within a reasonable time as determined by the nature of
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6 the procedures performed, the needs of the patient, and the
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7 professional judgment of the supervisory dentist. General
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8 supervision may only be used to supervise a hygienist and may not be
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9 used to supervise an oral maxillofacial surgery assistant or dental
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10 assistant except as provided by Section 7 of this act;
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11 26. “Indirect supervision” means the supervisory dentist is in
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12 the dental office or treatment facility and has personally diagnosed
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13 any conditions to be treated, authorizes the procedures to be
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14 performed by a dental hygienist, remains in the dental office or
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15 treatment facility while the procedures are being performed, and
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16 will evaluate the results of the dental treatment within a
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17 reasonable time as determined by the nature of the procedures
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18 performed, the needs of the patient, and the professional judgment
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19 of the supervisory dentist. Indirect supervision may not be used
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20 for an oral maxillofacial surgery assistant or a dental assistant;
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21 27. “Investigations” means an investigation proceeding,
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22 authorized under Sections 328.15A and 328.43a of this title, to
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23 investigate alleged violations of the State Dental Act or the rules
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24 of the Board;
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 1 28. “Laboratory prescription” means a written description,
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2 dated and signed by a dentist, of dental laboratory technology to be
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3 performed by a dental laboratory technician;
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4 29. “Minimal sedation” means a minimally depressed level of
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5 consciousness, produced by a pharmacological method, that retains
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6 the patient’s ability to independently and continuously maintain an
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7 airway and respond normally to tactile stimulation and verbal
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8 command. Although cognitive function and coordination may be
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9 modestly impaired, ventilator and cardiovascular functions are
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10 unaffected;
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11 30. “Mobile dental anesthesia provider” means a licensed and
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12 anesthesia-permitted dentist, physician or Certified Registered
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13 Nurse Anesthetist (CRNA) that has a mobile dental unit and provides
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14 anesthesia in dental offices and facilities in the state;
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15 31. “Mobile dental clinic” means a permitted motor vehicle or
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16 trailer utilized as a dental clinic, and/or that contains dental
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17 equipment and is used to provide dental services to patients on-site
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18 and shall not include a mobile dental anesthesia provider. A mobile
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19 dental clinic shall also mean and include a volunteer mobile dental
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20 facility that is directly affiliated with a church or religious
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21 organization as defined by Section 501(c)(3) or 501(d) of the United
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22 States Internal Revenue Code, the church or religious organization
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23 with which it is affiliated is clearly indicated on the exterior of
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24 the mobile dental facility, and such facility does not receive any
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 1 form of payment either directly or indirectly for work provided to
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2 patients other than donations through the affiliated church or
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3 religious organization; provided, that the volunteer mobile dental
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4 facility shall be exempt from any registration fee required under
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5 the State Dental Act;
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6 32. “Moderate sedation” means a drug-induced depression of
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7 consciousness during which patients respond purposefully to verbal
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8 commands, either alone or accompanied by light tactile stimulation.
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9 No interventions are required to maintain a patent airway, and
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10 spontaneous ventilation is adequate. Cardiovascular function is
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11 usually maintained;
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12 33. “Prophylaxis” means the removal of any and all calcareous
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13 deposits, stains, accretions or concretions from the supragingival
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14 and subgingival surfaces of human teeth, utilizing instrumentation
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15 by scaler or periodontal curette on the crown and root surfaces of
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16 human teeth including rotary or power-driven instruments. This
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17 procedure may only be performed by a dentist or dental hygienist;
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18 34. “Patient” or “patient of record” means an individual who
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19 has given a medical history and has been examined and accepted by a
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20 dentist for dental care;
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21 35. “Residencies” are programs designed for advanced clinical
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22 and didactic training in general dentistry or other specialties or
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23 other specialists at the post-doctoral level recognized by the
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24 Commission on Dental Accreditation (CODA) or the Board;
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 1 36. “Supervision” means direct supervision, direct visual
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2 supervision, indirect supervision or general supervision;
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3 37. “Teledentistry” means the remote delivery of dental patient
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4 care via telecommunications and other technology for the exchange of
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5 clinical information and images for dental consultation, preliminary
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6 treatment planning and patient monitoring; and
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7 38. “Treatment facility” means:
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8 a. a federal, tribal, state or local public health
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9 facility,
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10 b. a Federally Qualified Health Center (FQHC),
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11 c. a private health facility,
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12 d. a group home or residential care facility serving the
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13 elderly, handicapped or juveniles,
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14 e. a hospital or dental ambulatory surgery center (DASC),
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15 f. a nursing home,
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16 g. a penal institution operated by or under contract with
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