1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 408 By: McCortney
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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. 2011, Section 328.21, as last
8 amended by Section 3, Chapter 397, O.S.L. 2019 (59
8 O.S. Supp. 2020, Section 328.21), which relates to
9 application for license; broadening accepted
9 examinations; amending 59 O.S. 2011, Section 328.23a,
10 as amended by Section 10, Chapter 229, O.S.L. 2015
10 (59 O.S. Supp. 2020, Section 328.23a), which relates
11 to special volunteer license; modifying certain
11 requirement; amending 59 O.S. 2011, Section 328.25,
12 as last amended by Section 11, Chapter 363, O.S.L.
12 2019 (59 O.S. Supp. 2020, Section 328.25), which
13 relates to oral maxillofacial surgery assistant
13 permits; modifying certain continuing education
14 requirements; updating statutory reference; amending
14 Section 19, Chapter 229, O.S.L. 2015 (59 O.S. Supp.
15 2020, Section 328.31b), which relates to patient
15 record keeping requirements; modifying certain
16 records requirement; amending 59 O.S. 2011, Section
16 328.32, as last amended by Section 34, Chapter 161,
17 O.S.L. 2020 (59 O.S. Supp. 2020, Section 328.32),
17 which relates to grounds for penalties; modifying
18 certain grounds; adding reference; amending 59 O.S.
18 2011, Section 328.33, as last amended by Section 5,
19 Chapter 113, O.S.L. 2016 (59 O.S. Supp. 2020, Section
19 328.33), which relates to disciplinary action; adding
20 certain violations; authorizing certain
20 advertisement; amending 59 O.S. 2011, Section
21 328.36a, which relates to laboratory prescriptions;
21 modifying time period of certain requirement;
22 allowing certain referrals; amending 59 O.S. 2011,
22 Section 328.41, as last amended by Section 9, Chapter
23 397, O.S.L. 2019 (59 O.S. Supp. 2020, Section
23 328.41), which relates to continuing education
24 requirements; modifying requirements; amending 59
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 1 O.S. 2011, Section 328.48, which relates to annual
1 statements of receipts and expenditures; updating
2 term; providing for certain electronic transmission;
2 repealing 59 O.S. 2011, Section 328.29, which relates
3 to unlawful practices for dental hygienists;
3 repealing 59 O.S. 2011, Section 328.41, as last
4 amended by Section 4, Chapter 428, O.S.L. 2019 (59
4 O.S. Supp. 2020, Section 328.41), which relates to
5 dentistry; and providing an effective date.
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8 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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9 SECTION 1. AMENDATORY 59 O.S. 2011, Section 328.21, as
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10 last amended by Section 3, Chapter 397, O.S.L. 2019 (59 O.S. Supp.
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11 2020, Section 328.21), is amended to read as follows:
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12 Section 328.21. A. No person shall practice dentistry or
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13 dental hygiene without first applying for and obtaining a license
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14 from the Board of Dentistry.
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15 B. Application shall be made to the Board in writing and shall
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16 be accompanied by the fee established by the rules of the Board,
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17 together with satisfactory proof that the applicant:
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18 1. Is of good moral character;
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19 2. Is twenty-one (21) years of age, or over, at the time of
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20 making application to practice dentistry or eighteen (18) years of
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21 age, or over, if the applicant is to practice dental hygiene;
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22 3. Has passed a written theoretical examination and a clinical
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23 examination approved by the Board; and
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 1 4. Has passed a written jurisprudence examination over the
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2 rules and laws affecting dentistry in this state.
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3 C. An application from a candidate who desires to secure a
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4 license from the Board to practice dentistry or dental hygiene in
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5 this state shall be accompanied by satisfactory proof that the
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6 applicant:
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7 1. Is a graduate of an accredited dental college, if the
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8 applicant is to practice dentistry;
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9 2. Is a graduate of an accredited dental hygiene program, if
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10 the applicant is to practice dental hygiene; and
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11 3. Has passed all portions of the National Board Dental
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12 Examination or the National Board Dental Hygiene Examination.
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13 D. Pursuant to Section 328.15 of this title, the Board may
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14 affiliate as a member state, and accept regional exams including,
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15 but not limited to, the Western Regional Examination Board (WREB),
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16 Central Regional Dental Testing Service (CRDTS), the Commission on
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17 Dental Competency Assessments (CDCA) or another regional exam that
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18 includes the following requirements:
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19 a. for dental licensing the following components:
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20 (1) a fixed prosthetic component of the preparation
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21 of an anterior all porcelain crown and the
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22 preparation of a three-unit posterior bridge,
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23 (2) a periodontal component on a live patient,
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24 (3) an endodontic component,
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 1 (4) an anterior class III and posterior class II
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2 restorative component on a live patient,
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3 (5) a diagnosis and treatment planning section as
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4 approved by the Board, as specified in Section
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5 328.15 of this title, and
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6 (6) the Board may determine equivalencies based on
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7 components of other exams for the purpose of
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8 credentialing, or
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9 b. for dental hygienists licensing the following
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10 components:
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11 (1) clinical patient treatments with an evaluation of
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12 specific clinical skills as well as the
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13 candidate’s compliance with professional
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14 standards during the treatment as approved by the
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15 Board in Section 325.15 of this title and shall
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16 include:
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17 (a) extra/intra oral assessment,
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18 (b) periodontal probing, and
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19 (c) scaling/subgingival calculus removal and
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20 supragingival deposit removal.
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21 E. When the applicant and the accompanying proof are found
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22 satisfactory, the Board shall notify the applicant to appear for the
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23 jurisprudence examination at the time and place to be fixed by the
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24 Board. A dental student or a dental hygiene student in their last
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 1 semester of a dental or dental hygiene program, having met all other
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2 requirements, may make application and take the jurisprudence
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3 examination with a letter from the dean of the dental school or
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4 director of the hygiene program stating that the applicant is a
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5 candidate for graduation within the next six (6) months.
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6 F. The Board shall require every applicant for a license to
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7 practice dentistry or dental hygiene to submit, for the files of the
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8 Board, a copy of a dental degree or dental hygiene degree, an
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9 official transcript, a recent photograph duly identified and
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10 attested, and any other information as required by the Board.
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11 G. Any applicant who fails to pass the jurisprudence
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12 examination may apply for a second examination, in which case the
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13 applicant shall pay a reexamination fee as established by the
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14 statutes or rules of the State Dental Act.
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15 H. Any applicant who fails to pass the clinical examination as
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16 described in paragraph 4 of subsection C of this section may be
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17 given credit for such subjects as the Board may allow, but such
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18 credits shall be extended only to the succeeding examinations. If
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19 the applicant fails to pass a second examination, before further re-
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20 examination, the Board may require evidence of additional education,
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21 as specified by the Board. After a third examination, the Board may
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22 deny the applicant another examination.
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23 I. A dentist or dental hygienist currently licensed in another
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24 state having met the qualifications in paragraphs 1 through 3 of
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 1 subsections B and C of this section may apply for a license by
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2 credentials upon meeting the following:
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3 1. A dentist holding a general dentist license in good standing
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4 and having practiced for at least five hundred (500) hours within
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5 the previous five (5) years immediately prior to application and
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6 having passed a regional examination substantially equivalent to the
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7 requirements for this state may apply for licensure by credentials;
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8 2. A dental hygienist holding a dental hygiene license in good
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9 standing and having practiced for at least four hundred twenty (420)
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10 hours within the previous five (5) years immediately prior to
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11 application and having passed a regional examination substantially
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12 equivalent to the requirements for Oklahoma may apply for licensure
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13 by credentials. Applicants for credentialing must include:
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14 a. a letter of good standing from all states ever
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15 licensed, and
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16 b. any other requirements as set forth by the rules;
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17 3. An applicant applying for a dental or dental hygiene license
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18 by credentials shall only be required to pass the jurisprudence
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19 portion of the examination requirements as set forth in paragraph 4
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20 of subsection C of this section; or
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21 4. A dental hygienist applying for credentialing for advanced
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22 procedures by providing proof of passage of the advanced procedure
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23 in a WREB, CDCA or CRDTS exam.
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 1 J. There shall be two types of advanced procedure available for
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2 dental hygienists upon completion of a CODA approved program or
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3 course that has been approved by the Board:
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4 1. Administration of nitrous oxide; and
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5 2. Administration of local anesthesia.
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6 K. All licensees and permit holders shall display their current
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7 permit or license in a visible place within the dental office or
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8 treatment facility.
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9 SECTION 2. AMENDATORY 59 O.S. 2011, Section 328.23a, as
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10 amended by Section 10, Chapter 229, O.S.L. 2015 (59 O.S. Supp. 2020,
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11 Section 328.23a), is amended to read as follows:
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12 Section 328.23a. A. There is established a special volunteer
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13 license for dentists and a special volunteer license for dental
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14 hygienists who are retired from active practice or out-of-state
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15 licensees in active practice who are in the Oklahoma Medical Reserve
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16 Corps or assisting with emergency management, emergency operations,
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17 or hazard mitigation in response to any emergency, man-made
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18 disaster, or natural disaster, or participating in public health
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19 initiatives, disaster drills, and community service events that are
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20 endorsed by a city, county, or state health department in the state
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21 and wish to donate their expertise for the dental care and treatment
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22 of indigent and needy persons of the state. The special volunteer
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23 license shall be:
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24 1. Issued by the Board of Dentistry to eligible persons;
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 1 2. Issued without the payment of an application fee, license
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2 fee or renewal fee;
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3 3. Issued or renewed without any continuing education
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4 requirements for a period less than one (1) calendar year; and
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5 4. Issued for one (1) calendar year or part thereof.
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6 B. A dentist or dental hygienist must meet the following
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7 requirements to be eligible for a special volunteer license:
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8 1. Completion of a special volunteer dental or dental hygiene
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9 license application, including documentation of the dentist’s dental
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10 or dental hygiene school graduation and practice history;
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11 2. Documentation that the dentist or dental hygienist has been
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12 previously issued a full and unrestricted license to practice
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13 dentistry or dental hygiene in Oklahoma this state or in another
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14 state of the United States and that he or she has never been the
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15 subject of any reportable medical or dental disciplinary action in
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16 any jurisdiction. If the dentist or dental hygienist is licensed in
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17 more than one state and any license of the licensee is suspended,
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18 revoked, or subject to any agency order limiting or restricting
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19 practice privileges, or has been voluntarily terminated under threat
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20 of sanction, the dentist or dental hygienist shall be ineligible to
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21 receive a special volunteer license;
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22 3. Acknowledgement and documentation that the dentist’s or
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23 dental hygienist’s practice under the special volunteer license will
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 1 be exclusively and totally devoted to providing dental care to needy
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2 and indigent persons in Oklahoma this state;
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3 4. Acknowledgement and documentation that the dentist or dental
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4 hygienist will not receive or have the expectation to receive any
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5 payment or compensation, either direct or indirect, for any dental
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6 services rendered under the special volunteer license; and
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7 5. A listing of all locations and dates that the person will be
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8 completing volunteer work under the special volunteer license.
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9 C. The Board of Dentistry shall have jurisdiction over
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10 dentists, dental hygienists, dental assistants, and dental
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11 technicians who volunteer their professional services in the state.
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12 Dental assistants and dental technicians shall work under the direct
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13 supervision of a dentist.
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14 D. Dental assistants may be issued a volunteer permit at the
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15 request of an entity that provides dental services to the needy.
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16 Volunteers in a volunteer initiative who are not dentists or dental
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17 hygienists shall be named and provided on a list to the Board by the
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18 entity hosting the volunteer initiative with any other requirements
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19 as set forth by the Board. The Board shall provide written
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20 documentation to the host entity designating all persons who may
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21 participate in the volunteer initiative, including authorization of
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22 the timetable requested by the host entity for granting licensure
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23 exemption. Any person working under a volunteer dental assistant
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24 permit shall not receive payment or compensation for any services
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 1 rendered under the volunteer dental assistant permit. Volunteer
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2 dental assistant permits shall be limited to specific dates and
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3 locations of services to be provided.
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4 E. All persons providing care shall do so under the provisions
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5 specified in Section 328.1 et seq. of this title or rules
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6 promulgated by the Board. Only those functions authorized by law or
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7 administrative rule shall be performed by the named person approved
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8 by the Board.
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9 F. Volunteers shall not use sedation or general anesthesia
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10 during volunteer procedures.
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11 G. Volunteers shall use a form to be provided by the Board for
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12 any patient with clear instructions for any and all follow-up care.
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13 H. At any time, the Board shall revoke a volunteer license
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14 based on documentation of failure to participate according to state
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15 laws or administrative rules.
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