As Passed by the Senate

126th General Assembly Regular Session 2005-2006

Am. Sub. H. B. No. 143

Representatives Willamowski, White, Raussen, Combs, Fessler, Kearns, Martin, Peterson, Reidelbach, Schneider, Seaver, Webster, Widowfield, Barrett, Beatty, Harwood, C. Evans, McGregor, Seitz, Gilb, Hood, Flowers, Driehaus, Blasdel, Carmichael, Brown, DeBose, Otterman, Mason, Allen, Blessing, Book, Carano, Cassell, Chandler, Core, DeGeeter, Domenick, Gibbs, Hartnett, Hughes, Key, Latta, Law, Miller, Oelslager, Sayre, Stewart, D., Taylor, Yuko 

Senators Gardner, Austria, Cates, Clancy, Coughlin, Mumper, Niehaus, Padgett, Roberts, Schuring, Armbruster, Schuler 

---

A BILL

To amend sections 4715.02, 4715.30, 4715.39, 4715.51,

1

4715.52, 4715.53, 4715.57, and 4715.99, to enact

2

sections 4715.231, 4715.61, 4715.62, 4715.63,

3

4715.64, 4715.65, and 4715.66, and to repeal

4

sections 4715.54, 4715.55, and 4715.58 of the

5

Revised Code to allow a dental hygienist under the

6

supervision of a dentist to administer local

7

anesthesia to a patient, to make changes to the

8

law governing dental x-ray machine operators, to

9

provide for the registration of expanded function

10

dental auxiliaries, and to make changes in the

11

composition of the State Dental Board.

12

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4715.02, 4715.30, 4715.39, 4715.51,	13
4715.52, 4715.53, 4715.57, and 4715.99 be amended and sections	14
4715.231, 4715.61, 4715.62, 4715.63, 4715.64, 4715.65, and 4715.66	15
of the Revised Code be enacted to read as follows:	16

Sec. 4715.02.  The governor, with the advice and consent of	17
the senate, shall appoint a state dental board consisting of	18
thirteen persons, nine of whom shall be graduates of a reputable	19
dental college, citizens of the United States, and shall have been	20
in the legal and reputable practice of dentistry in the state at	21
least five years next preceding their appointment; three of whom	22
shall be graduates of a reputable school of dental hygiene,	23
citizens of the United States, and shall have been in the legal	24
and reputable practice of dental hygiene in the state at least	25
five years next preceding their appointment; and one of whom shall	26
be a member of the public at large who is not associated with or	27
financially interested in the practice of dentistry.	28

Of the nine members who are in the practice of dentistry,	29
there shall be not more than two on the board at any time who are	30
shall be persons recognized as specialists pursuant to rules	31
adopted by the board. OfThe specialist members shall be appointed	32
in such a manner that the same specialty is not represented by	33
both members at the same time. When a vacancy occurs in a position	34
held by a specialist member, the governor shall make all	35
reasonable efforts to fill the vacancy with a person who	36
represents a specialty that is different from the specialty that	37
was represented by the member who vacated the position.	38

Of the three members who are in the practice of dental	39
hygiene, not more than one may be a person employed as a full-time	40
teacher of dental hygiene students. Representation	41

Representation of the various geographical areas of the state	42
shall be considered in making appointments for members who are in	43
the practice of dentistry and for members who are in the practice	44
of dental hygiene.	45

Terms of office shall be for four years, commencing on the	46
seventh day of April and ending on the sixth day of April. Each	47
member shall hold office from the date of the member's appointment	48
until the end of the term for which the member was appointed. Any	49
member appointed to fill a vacancy occurring prior to the	50
expiration of the term for which the member's predecessor was	51
appointed shall hold office for the remainder of such term. Any	52
member shall continue in office subsequent to the expiration date	53
of the member's term until the member's successor takes office, or	54
until a period of sixty days has elapsed, whichever occurs first.	55
No person so appointed shall serve to exceed two terms.	56

The Ohio dental association may submit to the governor the	57
names of five nominees for each position to be filled by a dentist	58
and from the names so submitted or from others, at the governor's	59
discretion, the governor shall make such appointments; provided	60
that all such appointees shall possess the required	61
qualifications. The Ohio dental hygienists association, inc., may	62
submit to the governor the names of five nominees for each	63
position to be filled by a dental hygienist and from the names so	64
submitted or from others, at the governor's discretion, the	65
governor shall make such appointments; provided that all such	66
appointees shall possess the required qualifications. No person	67
shall be appointed to the state dental board who is employed by or	68
practices in a corporation holding a certificate of authority	69
under Chapter 1751. of the Revised Code with a person who is a	70
member of the board.	71

No member of the board shall administer to a student in this	72
state or to a graduate of a dental college located in this state	73
an examination on behalf of any of the following: the central	74
regional dental testing service, inc., northeast regional board of	75
dental examiners, inc., southern regional testing agency, inc., or	76
western regional examining board.	77

Sec. 4715.231. (A) As used in this section, "direct	78
supervision" means a dentist licensed under this chapter is	79
present, for purposes of consultation and direction, at the	80
location where a dental hygienist performs the administration of	81
local anesthesia to a patient. "Direct supervision" does not mean	82
that the dentist must observe the administration of local	83
anesthesia to a patient.	84

(B) Under the direct supervision of a dentist, a dental	85
hygienist may administer intraoral block and infiltration local	86
anesthesia to a patient if the dental hygienist is in compliance	87
with division (D) of this section and has done both of the	88
following:	89

(1) Successfully completed a course in the administration of	90
local anesthesia approved by the board and offered by a dental or	91
dental hygiene program that is accredited by the commission on	92
dental accreditation of the American dental association;	93

(2) Within eighteen months of completion of the anesthesia	94
course, successfully passed a state or regional written	95
examination on local anesthesia approved by the board.	96

(C) To be approved by the board, a local anesthesia	97
administration course must contain not less than fifteen hours of	98
didactic instruction and not less than fourteen hours of clinical	99
experience and include instruction on each of the following	100
subjects:	101

(1) Theory of pain control;

102

(2) Selection of pain control modalities;

103

(3) Anatomy;

104

(4) Neurophysiology;

105

(5) Pharmacology of local anesthetics;

106

(6) Pharmacology of vasoconstrictors;

107

(7) Psychological aspects of pain control;

108

(8) Systemic complications;

109

(9) Techniques of maxillary and mandibular anesthesia taught	110
by a dentist or other qualified instructor;	111

(10) Infection control;

112

(11) Local anesthesia medical emergencies.

113

(D) A dental hygienist may administer local anesthesia only	114
if the dental hygienist has obtained current certification to	115
perform basic cardiac life-support procedures as required by	116
section 4715.251 of the Revised Code.	117

Sec. 4715.30.  (A) The holder of a certificate or license	118
issued under this chapter is subject to disciplinary action by the	119
state dental board for any of the following reasons:	120

(1) Employing or cooperating in fraud or material deception	121
in applying for or obtaining a license or certificate;	122

(2) Obtaining or attempting to obtain money or anything of	123
value by intentional misrepresentation or material deception in	124
the course of practice;	125

(3) Advertising services in a false or misleading manner or	126
violating the board's rules governing time, place, and manner of	127
advertising;	128

(4) Conviction of a misdemeanor committed in the course of	129
practice or of any felony;	130

(5) Engaging in lewd or immoral conduct in connection with	131
the provision of dental services;	132

(6) Selling, prescribing, giving away, or administering drugs	133
for other than legal and legitimate therapeutic purposes, or	134
conviction of violating any law of this state or the federal	135
government regulating the possession, distribution, or use of any	136
drug;	137

(7) Providing or allowing dental hygienists, expanded	138
function dental auxiliaries, or other practitioners of auxiliary	139
dental occupations working under the certificate or license	140
holder's supervision, or a dentist holding a temporary limited	141
continuing education license under division (C) of section 4715.16	142
of the Revised Code working under the certificate or license	143
holder's direct supervision, to provide dental care that departs	144
from or fails to conform to accepted standards for the profession,	145
whether or not injury to a patient results;	146

(8) Inability to practice under accepted standards of the	147
profession because of physical or mental disability, dependence on	148
alcohol or other drugs, or excessive use of alcohol or other	149
drugs;	150

(9) Violation of any provision of this chapter or any rule	151
adopted thereunder;	152

(10) Failure to use universal blood and body fluid	153
precautions established by rules adopted under section 4715.03 of	154
the Revised Code;	155

(11) Waiving the payment of all or any part of a deductible	156
or copayment that a patient, pursuant to a health insurance or	157
health care policy, contract, or plan that covers dental services,	158
would otherwise be required to pay if the waiver is used as an	159
enticement to a patient or group of patients to receive health	160
care services from that provider.	161

(12) Advertising that the certificate or license holder will	162
waive the payment of all or any part of a deductible or copayment	163
that a patient, pursuant to a health insurance or health care	164
policy, contract, or plan that covers dental services, would	165
otherwise be required to pay.	166

(B) A manager, proprietor, operator, or conductor of a dental	167
facility shall be subject to disciplinary action if any dentist,	168
dental hygienist, expanded function dental auxiliary, or qualified	169
personnel providing services in the facility is found to have	170
committed a violation listed in division (A) of this section and	171
the manager, proprietor, operator, or conductor knew of the	172
violation and permitted it to occur on a recurring basis.	173

(C) Subject to Chapter 119. of the Revised Code, the board	174
may take one or more of the following disciplinary actions if one	175
or more of the grounds for discipline listed in divisions (A) and	176
(B) of this section exist:	177

(1) Censure the license or certificate holder;

178

(2) Place the license or certificate on probationary status	179
for such period of time the board determines necessary and require	180
the holder to:	181

(a) Report regularly to the board upon the matters which are	182
the basis of probation;	183

(b) Limit practice to those areas specified by the board;

184

(c) Continue or renew professional education until a	185
satisfactory degree of knowledge or clinical competency has been	186
attained in specified areas.	187

(3) Suspend the certificate or license;

188

(4) Revoke the certificate or license.

189

Where the board places a holder of a license or certificate	190
on probationary status pursuant to division (C)(2) of this	191
section, the board may subsequently suspend or revoke the license	192
or certificate if it determines that the holder has not met the	193
requirements of the probation or continues to engage in activities	194
that constitute grounds for discipline pursuant to division (A) or	195
(B) of this section.	196

Any order suspending a license or certificate shall state the	197
conditions under which the license or certificate will be	198
restored, which may include a conditional restoration during which	199
time the holder is in a probationary status pursuant to division	200
(C)(2) of this section. The board shall restore the license or	201
certificate unconditionally when such conditions are met.	202

(D) If the physical or mental condition of a license or	203
certificate holder is at issue in a disciplinary proceeding, the	204
board may order the license or certificate holder to submit to	205
reasonable examinations by an individual designated or approved by	206
the board and at the board's expense. The physical examination may	207
be conducted by any individual authorized by the Revised Code to	208
do so, including a physician assistant, a clinical nurse	209
specialist, a certified nurse practitioner, or a certified	210
nurse-midwife. Any written documentation of the physical	211
examination shall be completed by the individual who conducted the	212
examination.	213

Failure to comply with an order for an examination shall be	214
grounds for summary suspension of a license or certificate under	215
division (E) of this section.	216

(E) If the board has reason to believe that the holder	217
represents a clear and immediate danger to the public health and	218
safety if the holder is allowed to continue to practice, or if the	219
holder has failed to comply with an order under division (D) of	220
this section, the board may apply to the court of common pleas of	221
the county in which the holder resides for an order temporarily	222
suspending the holder's license or certificate, without a prior	223
hearing being afforded by the board, until the board conducts an	224
adjudication hearing pursuant to Chapter 119. of the Revised Code.	225
If the court temporarily suspends a holder's license or	226
certificate, the board shall give written notice of the suspension	227
personally or by certified mail to the license or certificate	228
holder. Such notice shall include specific facts and reasons for	229
finding a clear and immediate danger to the public health and	230
safety and shall inform the license or certificate holder of the	231
right to a hearing pursuant to Chapter 119. of the Revised Code.	232

(F) Any holder of a certificate or license issued under this	233
chapter who has pleaded guilty to, has been convicted of, or has	234
had a judicial finding of eligibility for intervention in lieu of	235
conviction entered against the holder in this state for aggravated	236
murder, murder, voluntary manslaughter, felonious assault,	237
kidnapping, rape, sexual battery, gross sexual imposition,	238
aggravated arson, aggravated robbery, or aggravated burglary, or	239
who has pleaded guilty to, has been convicted of, or has had a	240
judicial finding of eligibility for treatment or intervention in	241
lieu of conviction entered against the holder in another	242
jurisdiction for any substantially equivalent criminal offense, is	243
automatically suspended from practice under this chapter in this	244
state and any certificate or license issued to the holder under	245
this chapter is automatically suspended, as of the date of the	246
guilty plea, conviction, or judicial finding, whether the	247
proceedings are brought in this state or another jurisdiction.	248
Continued practice by an individual after the suspension of the	249
individual's certificate or license under this division shall be	250
considered practicing without a certificate or license. The board	251
shall notify the suspended individual of the suspension of the	252
individual's certificate or license under this division by	253
certified mail or in person in accordance with section 119.07 of	254
the Revised Code. If an individual whose certificate or license is	255
suspended under this division fails to make a timely request for	256
an adjudicatory hearing, the board shall enter a final order	257
revoking the individual's certificate or license.	258

(G) Notwithstanding divisions (A)(11) and (12) of this	259
section, sanctions shall not be imposed against any licensee who	260
waives deductibles and copayments:	261

(1) In compliance with the health benefit plan that expressly	262
allows such a practice. Waiver of the deductibles or copays	263
copayments shall be made only with the full knowledge and consent	264
of the plan purchaser, payer, and third-party administrator. Such	265
consent shall be made available to the board upon request.	266

(2) For professional services rendered to any other person	267
licensed pursuant to this chapter to the extent allowed by this	268
chapter and the rules of the board.	269

Sec. 4715.39.  (A) The state dental board may define the	270
duties that may be performed by dental assistants and other	271
individuals designated by the board as qualified personnel. If	272
defined, the duties shall be defined in rules adopted in	273
accordance with Chapter 119. of the Revised Code. The rules may	274
include training and practice standards for dental assistants and	275
other qualified personnel. The standards may include examination	276
and issuance of a certificate. If the board issues a certificate,	277
the recipient shall display the certificate in a conspicuous	278
location in any office in which the recipient is employed to	279
perform the duties authorized by the certificate.	280

(B) A dental assistant may polish the clinical crowns of	281
teeth if all of the following requirements are met:	282

(1) The dental assistant's polishing activities are limited	283
to the use of a rubber cup attached to a slow-speed rotary dental	284
hand piece to remove soft deposits that build up over time on the	285
crowns of teeth.	286

(2) The polishing is performed only after a dentist has	287
evaluated the patient and any calculus detected on the teeth to be	288
polished has been removed by a dentist or dental hygienist.	289

(3) The dentist supervising the assistant supervises not more	290
than two dental assistants engaging in polishing activities at any	291
given time.	292

(4) The dental assistant is certified by the dental assisting	293
national board or the Ohio commission on dental assistant	294
certification.	295

(5) The dental assistant receives a certificate from the	296
board authorizing the assistant to engage in the polishing	297
activities. The board shall issue the certificate if the	298
individual has successfully completed training in the polishing of	299
clinical crowns through a program accredited by the commission on	300
dental accreditation or equivalent training approved by the board.	301
The training shall include courses in basic dental anatomy and	302
infection control, followed by a course in coronal polishing that	303
includes didactic, preclinical, and clinical training; any other	304
training required by the board; and a skills assessment that	305
includes successful completion of standardized testing. The board	306
shall adopt rules pursuant to division (A) of this section	307
establishing standards for approval of this training.	308

(C) Subject to this section and the applicable rules of the	309
board, licensed dentists may assign to dental assistants and other	310
qualified personnel dental procedures that do not require the	311
professional competence or skill of the licensed dentist or, a	312
dental hygienist, or an expanded function dental auxiliary as this	313
section or the board by rule authorizes dental assistants and	314
other qualified personnel to perform. The performance of dental	315
procedures by dental assistants and other qualified personnel	316
shall be under direct supervision and full responsibility of the	317
licensed dentist.	318

(D) Nothing in this section shall be construed by rule of the	319
state dental board or otherwise to do the following:	320

(1) Authorize dental assistants or other qualified personnel	321
to engage in the practice of dental hygiene as defined by sections	322
4715.22 and 4715.23 of the Revised Code or to perform the duties	323
of a dental hygienist, including the removal of calcarious	324
deposits, dental cement, or accretions on the crowns and roots of	325
teeth other than as authorized pursuant to this section;	326

(2) Authorize dental assistants or other qualified personnel	327
to engage in the practice of an expanded function dental auxiliary	328
as specified in section 4715.64 of the Revised Code or to perform	329
the duties of an expanded function dental auxiliary other than as	330
authorized pursuant to this section.	331

(3) Authorize the assignment of any of the following:

332

(a) Diagnosis;

333

(b) Treatment planning and prescription, including	334
prescription for drugs and medicaments or authorization for	335
restorative, prosthodontic, or orthodontic appliances;	336

(c) Surgical procedures on hard or soft tissue of the oral	337
cavity, or any other intraoral procedure that contributes to or	338
results in an irremediable alteration of the oral anatomy;	339

(d) The making of final impressions from which casts are made	340
to construct any dental restoration.	341

(E) No dentist shall assign any dental assistant or other	342
individual acting in the capacity of qualified personnel to	343
perform any dental procedure that the assistant or other	344
individual is not authorized by this section or by board rule to	345
perform. No dental assistant or other individual acting in the	346
capacity of qualified personnel shall perform any dental procedure	347
other than in accordance with this section and any applicable	348
board rule or any dental procedure that the assistant or other	349
individual is not authorized by this section or by board rule to	350
perform.	351

Sec. 4715.51.  As used in sections 4715.52 to 4715.584715.57	352
of the Revised Code, "dental x-ray machine operator" means an	353
individual who, under the direct supervision of a dentist,	354
performs standard, diagnostic, radiologic procedures for the	355
purpose of contributing to the provision of dental care to a	356
dental patient. As used in this section, "standard, diagnostic,	357
radiologic procedures" means those procedures involved in using	358
dental equipment that emits ionizing radiation, as defined in	359
section 4773.01 of the Revised Code.	360

Sec. 4715.52.  (A) Except as provided in division (B) of this	361
section, no person shall practice or hold himselfthat person out	362
as a dental x-ray machine operator without a valid license	363
certificate issued under section 4715.53 of the Revised Code.	364

(B) Division (A) of this section does not apply to any of the	365
following:	366

(1) Dentists or dental hygienists licensed under this	367
chapter;	368

(2) As specified in 42 C.F.R. 75, radiologic personnel	369
employed by the federal government or serving in a branch of the	370
armed forces of the United States;	371

(3) Students engaging in any of the activities performed by	372
dental x-ray machine operators as an integral part of a program of	373
study leading to receipt of a license or certificate issued under	374
this chapter, a license issued under Chapter 4734., or Chapter	375
4773. of the Revised Code;, or a certificate issued under Chapter	376
4731. of the Revised Code.	377

Sec. 4715.53.  (A) Each individual seeking a license	378
certificate to practice as a dental x-ray machine operator shall	379
apply to the state dental board on a form the board shall	380
prescribe and provide. The application shall be accompanied by the	381
licensean application fee established in rules adopted under	382
section 4715.58 of the Revised Codeof twenty-five dollars.	383

(B) The board shall review all applications received and	384
issue a dental x-ray machine operator licensecertificate to each	385
applicant who meets the following requirementssubmits evidence	386
satisfactory to the board of one of the following:	387

(1) Is age eighteen or older.

388

(2) Is of good moral character.

389

(3) Except as provided in division (C) of this section,	390
passes the examination administered under section 4715.54 of the	391
Revised Code;	392

(4) Complies with any other licensing standards established	393
in rules adopted under section 4715.58 of the Revised Code.	394

(C) An applicant is not required to take a licensing	395
examination if any of the following apply:	396

(1) HeThe applicant holds certification from the dental	397
assisting national board or the Ohio commission on dental	398
assistant certification.	399

(2) He holds a conditional license issued under section	400
4715.55 of the Revised Code and has completed the continuing	401
education requirements established in rules adopted under section	402
4715.58 of the Revised Code.	403

(3) HeThe applicant holds a license, certificate, permit,	404
registration, or other credential issued by another state that the	405
board determines uses standards for dental x-ray machine operators	406
that are at least equal to those established under this chapter.	407

(D)(3) The applicant has successfully completed an	408
educational program consisting of at least seven hours of	409
instruction in dental x-ray machine operation that meets either of	410
the following requirements:	411

(a) Has been approved by the board in accordance with section	412
4715.57 of the Revised Code;	413

(b) Is conducted by an institution accredited by the American	414
dental association commission on dental accreditation.	415

(C) A licensecertificate issued under this section expires	416
two years after it is issued and may be renewed if the license	417
certificate holder completes the continuing education requirements	418
specified in rules adopted by the board under section 4715.58 of	419
the Revised Code. Applications for license renewal shall be	420
accompanied by the renewal fee established in rules adopted under	421
section 4715.58 of the Revised Code. Renewalsdoes both of the	422
following:	423

(1) Certifies to the board that the certificate holder has	424
completed at least two hours of instruction in dental x-ray	425
machine operation approved by the board in accordance with section	426
4715.57 of the Revised Code during the two-year period preceding	427
the date the renewal application is received by the board.	428

(2) Submits a renewal fee of twenty-five dollars to the	429
board.	430

Renewals shall be made in accordance with the standard	431
renewal procedure established under Chapter 4745. of the Revised	432
Code.	433

(E) The board shall refuse to issue or renew and may suspend	434
or revoke a dental x-ray machine operator license if the applicant	435
or license holder does not comply with the applicable requirements	436
of this chapter or rules adopted under it.	437

Sec. 4715.57.  (A) Each person seeking accreditationapproval	438
for an educational program or approval for a continuing education	439
program in dental x-ray machine operation shall apply to the state	440
dental board on a form the board shall prescribe and provide. The	441
application shall be accompanied by the accreditation or approval	442
fee established in rules adopted under division (C) of this	443
section 4715.58 of the Revised Code.	444

(B) The board shall accreditapprove educational programs and	445
approve continuing education programs that meet the standards	446
established in rules adopted under division (C) of this section	447
4715.58 of the Revised Code. The accreditation or approval shall	448
be valid until surrendered by the program or suspended or revoked	449
by the board. A program's accreditation or approval may be	450
suspended or revoked if the program does not comply with	451
applicable requirements of this chapter or rules adopted under it.	452

(C) The board shall adopt rules to implement and administer	453
this section. The rules shall be adopted in accordance with	454
Chapter 119. of the Revised Code and shall be no less stringent	455
than any applicable standards specified in 42 C.F.R. 75. The rules	456
shall do at least both of the following:	457

(1) Establish the fee that must accompany each application	458
for approval of an educational program;	459

(2) Establish standards that an educational program must meet	460
to be approved by the board.	461

Sec. 4715.61. (A) Except as provided in division (B) of this	462
section, no person shall practice as an expanded function dental	463
auxiliary without being registered under this chapter as an	464
expanded function dental auxiliary.	465

(B) Division (A) of this section does not apply to any of the	466
following:	467

(1) A dentist licensed under this chapter;

468

(2) A dental student who engages in any activities performed	469
by expanded function dental auxiliaries as an integral part of a	470
program of study leading to the receipt of a license to practice	471
as a dentist under this chapter;	472

(3) An expanded function dental auxiliary student when the	473
student participates in an educational or training activity of an	474
accredited educational institution or a training program that does	475
both of the following:	476

(a) Provides the education or training necessary to practice	477
as an expanded function dental auxiliary;	478

(b) Ensures that a dentist licensed under this chapter, or a	479
dentist who holds a limited teaching license issued under this	480
chapter, is physically present in the facility where the expanded	481
function dental auxiliary performs clinical dental procedures on	482
patients.	483

Sec. 4715.62.  (A) Each individual seeking to register with	484
the state dental board as an expanded function dental auxiliary	485
shall file with the secretary of the board a written application	486
for registration, under oath, on a form the board shall prescribe	487
and provide. An applicant shall include with the completed	488
application all of the following:	489

(1) An application fee of twenty dollars;

490

(2) Proof satisfactory to the board that the applicant has	491
successfully completed, at an educational institution accredited	492
by the commission on dental accreditation of the American dental	493
association or the higher learning commission of the north central	494
association of colleges and schools, the education or training	495
specified by the board in rules adopted under section 4715.66 of	496
the Revised Code as the education or training that is necessary to	497
obtain registration under this chapter to practice as an expanded	498
function dental auxiliary, as evidenced by a diploma or other	499
certificate of graduation or completion that has been signed by an	500
appropriate official of the accredited institution that provided	501
education or training;	502

(3) Proof satisfactory to the board that the applicant has	503
passed an examination that meets the standards established by the	504
board in rules adopted under section 4715.66 of the Revised Code	505
to be accepted by the board as an examination of competency to	506
practice as an expanded function dental auxiliary;	507

(4) Proof that the applicant holds current certification to	508
perform basic life-support procedures, evidenced by documentation	509
showing the successful completion of a basic life-support training	510
course certified by either the American red cross or the American	511
heart association.	512

(B) If an applicant complies with division (A) of this	513
section, the board shall register the applicant as an expanded	514
function dental auxiliary.	515

Sec. 4715.63.  (A) Registration under section 4715.62 of the	516
Revised Code expires on the thirty-first day of December of the	517
year following the year in which the registration occurs. An	518
individual may renew a registration for subsequent two-year	519
periods by submitting both of the following to the secretary of	520
the state dental board each time the individual seeks to renew a	521
registration:	522

(1) A completed application for renewal, under oath, on a	523
form the board shall prescribe and provide;	524

(2) A renewal fee of twenty dollars.

525

(B) If an individual complies with division (A) of this	526
section and is not in violation of any section of this chapter or	527
rule adopted under it, the board shall renew the individual's	528
registration for a two-year period that expires on the	529
thirty-first day of December of the year following the year in	530
which the registration was renewed.	531

(C) Registration renewals shall be made in accordance with	532
the standard renewal procedure established under Chapter 4745. of	533
the Revised Code.	534

Sec. 4715.64. (A) The practice of an expanded function dental	535
auxiliary shall consist of the following:	536

(1) The procedures involved in the placement of restorative	537
materials limited to amalgam restorative materials and	538
non-metallic restorative materials, including direct-bonded	539
restorative materials;	540

(2) The procedures involved in the placement of sealants;

541

(3) Any additional procedures authorized by the state dental	542
board in rules adopted under section 4715.66 of the Revised Code.	543

(B) An expanded function dental auxiliary shall practice	544
under the direct supervision, order, control, and full	545
responsibility of a dentist licensed under this chapter. At no	546
time shall more than two expanded function dental auxiliaries be	547
practicing as expanded function dental auxiliaries under the	548
direct supervision of the same dentist. An expanded function	549
dental auxiliary shall not practice as an expanded function dental	550
auxiliary when the supervising dentist is not physically present	551
at the location where the expanded function dental auxiliary is	552
practicing.	553

(C) Nothing in this section shall be construed by rule of the	554
board or otherwise to authorize an expanded function dental	555
auxiliary to engage in the practice of dental hygiene as defined	556
by sections 4715.22 and 4715.23 of the Revised Code.	557

Sec. 4715.65.  The secretary of the state dental board shall	558
keep a record of all persons registered under this chapter as	559
expanded function dental auxiliaries. For each expanded function	560
dental auxiliary, the record shall identify the location where the	561
person primarily practices and the person's one or more	562
supervising dentists.	563

Sec. 4715.66. (A) The state dental board shall adopt rules as	564
the board considers necessary to implement and administer sections	565
4715.61 to 4715.64 of the Revised Code. The rules shall be adopted	566
in accordance with Chapter 119. of the Revised Code.	567

(B) In adopting rules under this section, all of the	568
following apply:	569

(1) The board shall adopt rules specifying the education or	570
training necessary for an individual to register as an expanded	571
function dental auxiliary under this chapter.	572

(2) The board shall adopt rules specifying the standards that	573
must be met for an examination to be accepted by the board as an	574
examination of competency to practice as an expanded function	575
dental auxiliary. In specifying the standards, the board shall	576
provide that an examination will be accepted only if the entity	577
that administered the examination required an individual to be one	578
of the following as a condition of admission to the examination:	579

(a) An unlicensed dentist who has graduated from an	580
accredited dental college, as specified in section 4715.10 of the	581
Revised Code, and does not have a dental license under suspension	582
or revocation by the board;	583

(b) A dental student who is enrolled in an accredited dental	584
college, as specified in section 4715.10 of the Revised Code, and	585
is considered by the dean of the college to be in good standing as	586
a dental student;	587

(c) A graduate of a dental college located outside of the	588
United States;	589

(d) A dental assistant who is certified by the dental	590
assisting national board or the Ohio commission on dental	591
assistant certification;	592

(e) A dental hygienist licensed under this chapter whose	593
license is in good standing;	594

(f) An unlicensed dental hygienist who has graduated from an	595
accredited dental hygiene school, as specified in section 4715.21	596
of the Revised Code, and does not have a dental hygienist license	597
under suspension or revocation by the board.	598

(3) The board may adopt rules specifying procedures an	599
expanded function dental auxiliary may perform that are in	600
addition to the procedures specified in divisions (A)(1) and (2)	601
of section 4715.64 of the Revised Code.	602

Sec. 4715.99.  (A) Whoever violates section 4715.17 of the	603
Revised Code is guilty of a minor misdemeanor on a first offense	604
and a misdemeanor of the fourth degree on each subsequent offense.	605

(B) Whoever violates section 4715.18 of the Revised Code is	606
guilty of a misdemeanor of the fourth degree.	607

(C) Whoever violates section 4715.09, 4715.19, 4715.20,	608
4715.29, 4715.32, 4715.39, or 4715.52, or 4715.61 of the Revised	609
Code is guilty of a misdemeanor of the first degree on a first	610
offense and a felony of the fifth degree on each subsequent	611
offense.	612

(D) Whoever violates any provision of sections 4715.01 to	613
4715.39 of the Revised Codethis chapter for which no specific	614
penalty has been prescribed is guilty of a misdemeanor of the	615
fourth degree on a first offense and a misdemeanor of the second	616
degree on each subsequent offense.	617

Section 2.  That existing sections 4715.02, 4715.30, 4715.39,	618
4715.51, 4715.52, 4715.53, 4715.57, and 4715.99, and sections	619
4715.54, 4715.55, and 4715.58 of the Revised Code are hereby	620
repealed.	621

Section 3. Section 4715.61 of the Revised Code shall take	622
effect one year after the effective date of this act.	623