69th OREGON LEGISLATIVE ASSEMBLY--1997 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 2384
House Bill 2827
Sponsored by Representative LUKE (at the request of Oregon Dental
Association, Oregon Dental Hygienists' Association)
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.
Creates classification of limited access permit dental
hygienist. Establishes procedures and requirements for issuance
and renewal of permit. Makes related changes.
A BILL FOR AN ACT
Relating to limited access permit dental hygienists; creating new
provisions; and amending ORS 679.010, 679.020 and 679.025.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this Act are added to and
made a part of ORS 680.010 to 680.170. + }
SECTION 2. { + (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 Oregon dental hygiene license;
(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; and
(d) Presents documentation satisfactory to the board of
successful completion of a total of 40 classroom hours of courses
from a formal, post-secondary educational institution accredited
by the Commission on Dental Accreditation of the American Dental
Association or its successor agency and approved by the board,
including but not limited to:
(A) General medicine and physical diagnosis;
(B) Pharmacology;
(C) Medical emergencies and cardiopulmonary resuscitation;
(D) Oral pathology;
(E) Management and psychology of geriatric and disabled
patients; and
(F) Jurisprudence relating to unsupervised practice with
limited access patients.
(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 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. { + (1) A dental hygienist issued a permit to act
as a limited access permit dental hygienist under section 2 of
this 1997 Act shall be authorized to render all services within
the scope of practice of dental hygiene as defined in ORS 679.010
and as authorized by the limited access permit, to 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; or
(e) Mental health residential programs administered by the
Mental Health and Developmental Disability Services Division.
(2) 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.
(3) Nothing in this section shall be construed to authorize a
limited access permit dental hygienist to administer local
anesthesia, to provide sealants, 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.
(4) The Oregon Board of Dentistry may not expand the scope of
unsupervised practice of a limited access dental hygienist by
rule.
(5) A person granted a limited access permit under section 2 of
this 1997 Act shall also procure all other permits or
certificates required by the board under ORS 679.250. + }
SECTION 4. ORS 679.010 is amended to read:
679.010. As used in this chapter and ORS 680.010 to 680.170,
unless the context requires otherwise:
(1) 'Board' means the Oregon Board of Dentistry.
(2) 'Dentistry' means the healing art which is concerned with
the examination, diagnosis, treatment planning, care, and
prevention of conditions, which shall include but not be limited
to the cutting, altering, repairing, removing, replacing or
repositioning of hard or soft tissues, within the human oral
cavity and its adjacent or related tissues and structures.
(3) 'Dentist' means a person who may perform any intraoral or
extraoral procedure required in the practice of dentistry.
(4) 'Dental hygiene' means that portion of dentistry that
includes the rendering of educational, preventive and therapeutic
dental services in general, but specifically, scaling, root
planing, curettage and any related intraoral or extraoral
procedure required in the performance of such services.
(5) 'Dental hygienist' means a person who, under the
supervision of a dentist, practices dental hygiene.
(6) '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.
(7) '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.
(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) 'Indirect supervision' means supervision requiring that a
dentist authorize the procedures and that a dentist be on the
premises while the procedures are performed.
(10) '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.
{ + (11) 'Limited access permit dental hygienist' means a
dental hygienist who renders services as authorized by a limited
access permit issued by the board pursuant to section 2 of this
1997 Act. + }
SECTION 5. ORS 679.025 is amended to read:
679.025. (1) It shall be unlawful for any person not otherwise
authorized by law to practice dentistry or purport to be a
dentist without a valid license to practice dentistry issued by
the board.
(2) The requirements of this section shall not apply to:
(a) Dentists licensed in another state making a clinical
presentation sponsored by a bona fide dental society or
association or an accredited dental educational institution
approved by the board.
(b) Bona fide full-time students of dentistry who, during the
period of the student's enrollment and as a part of the course of
study in an Oregon accredited dental education program, engage in
clinical studies on the premises of such institution or in a
clinical setting located off the premises of the institution if
the facility, the instructional staff, and the course of study to
be pursued 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) Candidates who are preparing for a licensure examination to
practice dentistry 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. This
exception shall exist for a period not to exceed two weeks
immediately prior to a regularly scheduled licensure examination.
(d) Dentists practicing in the discharge of official duties as
employees of the United States Government and any of its
agencies.
(e) Instructors of dentistry, whether full- or part-time, while
exclusively engaged in teaching activities and while employed in
accredited dental educational institutions.
(f) Dentists employed by public health agencies who are not
engaged in the direct delivery of clinical dental services to
patients.
(g) Persons licensed to practice medicine in the State of
Oregon in the regular discharge of their duties.
(h) Persons qualified to perform services relating to general
anesthesia or sedation under the direct supervision of a licensed
dentist.
(i) Persons practicing dentistry upon themselves as the
patient.
(j) Dental hygienists, dental assistants or dental technicians
performing services under the supervision of a licensed dentist
in accordance with the rules adopted by the board.
(k) A person licensed as a denturist under ORS 680.500 to
680.572 engaged in the practice of denture technology.
{ + (L) A limited access permit dental hygienist who renders
services authorized by a limited access permit issued by the
board pursuant to section 2 of this 1997 Act. + }
SECTION 6. 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 clinic do not
apply to 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 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.
(4) Any labor organization that owns or operates a dental
clinic pursuant to subsection (3) of this section shall appoint
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 shall have responsibility
for all matters affecting the clinical practice of dentistry,
which includes, but is not limited to:
(a) Diagnosis of conditions within the human oral cavity and
its adjacent tissues and structures.
(b) Prescribing drugs which are administered to patients in the
practice of dentistry.
(c) Treatment plan of any dental patient.
(d) Overall quality of patient care which is rendered or
performed in the practice of dentistry.
(e) Supervision of dental hygienists or dental assistants and
the authorization for procedures performed by them as provided by
the rules of the board.
(f) Other specific services within the scope of clinical dental
practice.
{ + (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 section 2 of this 1997 Act. + }
{ - (5) - } { + (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.
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