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To amend sections 4715.14, 4715.141, 4715.21, | 1 |
4715.22, 4715.24, and 4715.25 and to enact | 2 |
sections 4715.241, 4715.242, 4715.36, 4715.361, | 3 |
4715.362, 4715.363, 4715.364, 4715.365, | 4 |
4715.366, 4715.367, 4715.368, 4715.369, 4715.37, | 5 |
4715.371, 4715.372, 4715.373, 4715.374, and | 6 |
4715.375 of the Revised Code to modify certain | 7 |
licensing procedures for dentists and dental | 8 |
hygienists and to establish the Public Oral | 9 |
Health Supervision Program for the provision of | 10 |
dental hygiene services. | 11 |
Section 1. That sections 4715.14, 4715.141, 4715.21, 4715.22, | 12 |
4715.24, and 4715.25 be amended and sections 4715.241, 4715.242, | 13 |
4715.36, 4715.361, 4715.362, 4715.363, 4715.364, 4715.365, | 14 |
4715.366, 4715.367, 4715.368, 4715.369, 4715.37, 4715.371, | 15 |
4715.372, 4715.373, 4715.374, and 4715.375 of the Revised Code be | 16 |
enacted to read as follows: | 17 |
Sec. 4715.14. (A) Each person who is licensed to practice | 18 |
dentistry in Ohio shall, on or before the first day of January of | 19 |
each even-numbered year, register with the state dental board. The | 20 |
registration shall be made on a form prescribed by the board and | 21 |
furnished by the secretary, shall include the licensee's name, | 22 |
address, license number, and such other reasonable information as | 23 |
the board may consider necessary, and shall include payment of a | 24 |
biennial registration fee of two hundred forty-five dollars. | 25 |
Except as provided in division | 26 |
shall be paid to the treasurer of state. All such registrations | 27 |
shall be in effect for the two-year period beginning on the first | 28 |
day of January of the even-numbered year and ending on the last | 29 |
day of December of the following odd-numbered year, and shall be | 30 |
renewed in accordance with the standard renewal procedure of | 31 |
sections 4745.01 to
4745.03 of the
Revised Code. | 32 |
a licensee fails to renew the licensee's registration in | 33 |
accordance with this section
| 34 |
35 | |
board may take any of the disciplinary actions described in | 36 |
division (C) of section 4715.30 of the Revised Code with respect | 37 |
to the licensee or licensee's license. | 38 |
(B) | 39 |
suspended
under
this
section may be
reinstated | 40 |
of the
biennial
registration fee and
| 41 |
eighty-one dollars
to
cover
costs of the
reinstatement | 42 |
43 |
(C) The board shall grant temporary retirement to any | 44 |
licensed
dentist who desires to temporarily retire from practice | 45 |
and | 46 |
47 | |
time that
| 48 |
previous registration fees and additional costs of reinstatement | 49 |
have been paid. | 50 |
| 51 |
or not, shall notify the secretary in writing or electronically of | 52 |
any change in the dentist's office address or employment within | 53 |
ten days after such change has taken place. On the first day of | 54 |
July of every even-numbered year, the secretary shall issue a | 55 |
printed roster of the names and addresses so registered. | 56 |
| 57 |
be paid to the dentist loan repayment fund created under section | 58 |
3702.95 of the Revised Code. | 59 |
Sec. 4715.141. (A) Each licensed dentist shall complete | 60 |
biennially not less than forty hours of continuing dental | 61 |
education, which may include, but is not limited to, attendance at | 62 |
lectures, study clubs, college and postgraduate courses, or | 63 |
scientific sessions of conventions, research, graduate study, | 64 |
teaching, service as a clinician, or correspondence courses. | 65 |
Continuing dental education programs include, but are not limited | 66 |
to, programs that address any of the following: | 67 |
(1) | 68 |
medically compromised or who experience medical emergencies during | 69 |
the course of dental treatment; | 70 |
(2) Knowledge of pharmaceutical products and the protocol of | 71 |
the proper use of medications; | 72 |
(3) Competency to diagnose oral pathology; | 73 |
(4) Awareness of currently accepted methods of infection | 74 |
control; | 75 |
(5) Basic medical and scientific subjects including, but not | 76 |
limited to, biology, physiology, pathology, biochemistry, and | 77 |
pharmacology; | 78 |
(6) Clinical and technological subjects including, but not | 79 |
limited to, clinical techniques and procedures, materials, and | 80 |
equipment; | 81 |
(7) Subjects pertinent to health and safety. | 82 |
Dentists shall earn continuing education credits at the rate | 83 |
of one-half credit for each twenty-five to thirty contact minutes | 84 |
of instruction and one credit hour for each fifty to sixty contact | 85 |
minutes of instruction. | 86 |
(B) Programs meeting the general requirements of division (A) | 87 |
of this section may be developed and offered to dentists by any of | 88 |
the following agencies or organizations: | 89 |
(1) National, state, district, or local dental associations | 90 |
affiliated with the American dental association or national dental | 91 |
association; | 92 |
(2) Accredited dental colleges or schools; | 93 |
(3) Other organizations, schools, or agencies approved by the | 94 |
state dental board. | 95 |
(C) Each licensed dentist shall submit to the board at the | 96 |
time of biennial registration pursuant to section 4715.14 of the | 97 |
Revised Code a sworn affidavit, on a form acceptable to the state | 98 |
dental board, attesting that | 99 |
continuing education programs in compliance with this section and | 100 |
listing the date, location, sponsor, subject matter, and hours | 101 |
completed of the programs. | 102 |
A licensed dentist shall retain in | 103 |
for a period of at least three years such receipts, vouchers, or | 104 |
certificates as may be necessary to document completion of | 105 |
continuing education programs. With cause, the board may request | 106 |
such documentation from licensed dentists, and the board may | 107 |
request such documentation from licensed dentists selected at | 108 |
random without cause. | 109 |
(D) The board may excuse licensed dentists, as a group or as | 110 |
individuals, from all or any part of the requirements of this | 111 |
section because of an unusual circumstance, emergency, or special | 112 |
hardship. | 113 |
| 114 |
115 | |
116 |
Sec. 4715.21. Each person who desires to practice as a | 117 |
dental hygienist shall file with the secretary of the state dental | 118 |
board a written application for a license, under oath, upon the | 119 |
form prescribed. Such applicant shall furnish satisfactory proof | 120 |
of being at least eighteen years of age and of good moral | 121 |
character. An applicant shall present a diploma or certificate of | 122 |
graduation from an accredited dental hygiene school and shall pay | 123 |
the examination fee of ninety-six dollars if the license is issued | 124 |
in an odd-numbered year or one hundred forty-seven dollars if | 125 |
issued in an even-numbered year. Those passing such examination as | 126 |
the board prescribes relating to dental hygiene shall receive a | 127 |
certificate of registration entitling them to practice. If an | 128 |
applicant fails to pass the first examination the applicant may | 129 |
apply for a re-examination at the next regular or special | 130 |
examination meeting of the board. | 131 |
No applicant shall be admitted to more than two examinations | 132 |
without first presenting satisfactory proof that the applicant has | 133 |
successfully completed such refresher courses in an accredited | 134 |
dental hygiene school as the state dental board may prescribe. | 135 |
An accredited dental hygiene school shall be one accredited | 136 |
by the | 137 |
association commission on dental accreditation or whose | 138 |
educational standards are recognized by the
| 139 |
140 | |
accreditation and approved by the state dental board. | 141 |
Sec. 4715.22. (A) | 142 |
licensed dental hygienist is not practicing under a permit issued | 143 |
pursuant to section 4715.363 of the Revised Code authorizing | 144 |
practice under the public oral health supervision of a dentist. | 145 |
(2) As used in this section, "health care facility" means | 146 |
either of the following: | 147 |
| 148 |
Revised Code; | 149 |
| 150 |
Code. | 151 |
(B) A licensed dental hygienist shall practice under the | 152 |
supervision, order, control, and full responsibility of a dentist | 153 |
licensed under this chapter. A dental hygienist may practice in a | 154 |
dental office, public or private school, health care facility, | 155 |
dispensary, or public institution. Except as provided in division | 156 |
(C) or (D) of this section, a dental hygienist may not provide | 157 |
dental hygiene services to a patient when the supervising dentist | 158 |
is not physically present at the location where the dental | 159 |
hygienist is practicing. | 160 |
(C) A dental hygienist may provide, for not more than fifteen | 161 |
consecutive business days, dental hygiene services to a patient | 162 |
when the supervising dentist is not physically present at the | 163 |
location at which the services are provided if all of the | 164 |
following requirements are met: | 165 |
(1) The dental hygienist has at least two years and a minimum | 166 |
of three thousand hours of experience in the practice of dental | 167 |
hygiene. | 168 |
(2) The dental hygienist has successfully completed a course | 169 |
approved by the state dental board in the identification and | 170 |
prevention of potential medical emergencies. | 171 |
(3) The dental hygienist complies with written protocols for | 172 |
emergencies the supervising dentist establishes. | 173 |
(4) The dental hygienist does not perform, while the | 174 |
supervising dentist is absent from the location, procedures while | 175 |
the patient is anesthetized, definitive root planing, definitive | 176 |
subgingival curettage, or other procedures identified in rules the | 177 |
state dental board adopts. | 178 |
(5) The supervising dentist has evaluated the dental | 179 |
hygienist's skills. | 180 |
(6) The supervising dentist examined the patient not more | 181 |
than seven months prior to the date the dental hygienist provides | 182 |
the dental hygiene services to the patient. | 183 |
(7) The dental hygienist complies with written protocols or | 184 |
written standing orders that the supervising dentist establishes. | 185 |
(8) The supervising dentist completed and evaluated a medical | 186 |
and dental history of the patient not more than one year prior to | 187 |
the date the dental hygienist provides dental hygiene services to | 188 |
the patient and, except when the dental hygiene services are | 189 |
provided in a health care facility, the supervising dentist | 190 |
determines that the patient is in a medically stable condition. | 191 |
(9) If the dental hygiene services are provided in a health | 192 |
care facility, a doctor of medicine and surgery or osteopathic | 193 |
medicine and surgery who holds a current certificate issued under | 194 |
Chapter 4731. of the Revised Code or a registered nurse licensed | 195 |
under Chapter 4723. of the Revised Code is present in the health | 196 |
care facility when the services are provided. | 197 |
(10) In advance of the appointment for dental hygiene | 198 |
services, the patient is notified that the supervising dentist | 199 |
will be absent from the location and that the dental hygienist | 200 |
cannot diagnose the patient's dental health care status. | 201 |
(11) The dental hygienist is employed by, or under contract | 202 |
with, one of the following: | 203 |
(a) The supervising dentist; | 204 |
(b) A dentist licensed under this chapter who is one of the | 205 |
following: | 206 |
(i) The employer of the supervising dentist; | 207 |
(ii) A shareholder in a professional association formed under | 208 |
Chapter 1785. of the Revised Code of which the supervising dentist | 209 |
is a shareholder; | 210 |
(iii) A member or manager of a limited liability company | 211 |
formed under Chapter 1705. of the Revised Code of which the | 212 |
supervising dentist is a member or manager; | 213 |
(iv) A shareholder in a corporation formed under division (B) | 214 |
of section 1701.03 of the Revised Code of which the supervising | 215 |
dentist is a shareholder; | 216 |
(v) A partner or employee of a partnership or a limited | 217 |
liability partnership formed under Chapter 1775. or 1776. of the | 218 |
Revised Code of which the supervising dentist is a partner or | 219 |
employee. | 220 |
(c) A government entity that employs the dental hygienist to | 221 |
provide dental hygiene services in a public school or in | 222 |
connection with other programs the government entity administers. | 223 |
(D) A dental hygienist may provide dental hygiene services | 224 |
to a patient when the supervising dentist is not physically | 225 |
present at the location at which the services are provided if the | 226 |
services are provided as part of a dental hygiene program that is | 227 |
approved by the state dental board and all of the following | 228 |
requirements are met: | 229 |
(1) The program is operated through a school district board | 230 |
of education or the governing board of an educational service | 231 |
center; the board of health of a city or general health district | 232 |
or the authority having the duties of a board of health under | 233 |
section 3709.05 of the Revised Code; a national, state, district, | 234 |
or local dental association; or any other public or private entity | 235 |
recognized by the state dental board. | 236 |
(2) The supervising dentist is employed by or a volunteer | 237 |
for, and the patients are referred by, the entity through which | 238 |
the program is operated. | 239 |
(3) The services are performed after examination and | 240 |
diagnosis by the dentist and in accordance with the dentist's | 241 |
written treatment plan. | 242 |
(E) No person shall do either of the following: | 243 |
(1) Practice dental hygiene in a manner that is separate or | 244 |
otherwise independent from the dental practice of a supervising | 245 |
dentist; | 246 |
(2) Establish or maintain an office or practice that is | 247 |
primarily devoted to the provision of dental hygiene services. | 248 |
(F) The state dental board shall adopt rules under division | 249 |
(C) of section 4715.03 of the Revised Code identifying procedures | 250 |
a dental hygienist may not perform when practicing in the absence | 251 |
of the supervising dentist pursuant to division (C) or (D) of this | 252 |
section. | 253 |
Sec. 4715.24. (A) Each person who is licensed to practice as | 254 |
a dental hygienist in Ohio shall, on or before the first day of | 255 |
January of each even-numbered year, register with the state dental | 256 |
board, unless the person is temporarily retired pursuant to | 257 |
section 4715.241 of the Revised Code. The registration shall be | 258 |
made on a form prescribed by the board and furnished by the | 259 |
secretary, shall include the licensee's name, address, license | 260 |
number, and such other reasonable information as the board may | 261 |
consider necessary, and shall include payment of a biennial | 262 |
registration fee of one hundred five dollars. This fee shall be | 263 |
paid to the treasurer of state. All such registrations shall be in | 264 |
effect for the two-year period beginning on the first day of | 265 |
January of each even-numbered year and ending on the last day of | 266 |
December of the following odd-numbered year, and shall be renewed | 267 |
in accordance with the standard renewal procedure of sections | 268 |
4745.01 to 4745.03 of the Revised Code. The failure of a licensee | 269 |
to renew registration in accordance with this section shall result | 270 |
in the automatic suspension of the licensee's license to practice | 271 |
as a dental hygienist, unless the licensee is temporarily retired | 272 |
pursuant to section 4715.241 of the Revised Code. | 273 |
(B) Any dental hygienist whose license has been automatically | 274 |
suspended
under this section may be reinstated | 275 |
application to the board on a form prescribed by the board for | 276 |
licensure reinstatement and payment of the biennial registration | 277 |
fee and in addition thereto thirty-one dollars to cover the costs | 278 |
of reinstatement. | 279 |
(C) The license of a dental hygienist shall be exhibited in a | 280 |
conspicuous place in the room in which the dental hygienist | 281 |
practices. Each dental hygienist licensed to practice, whether a | 282 |
resident or not, shall notify the secretary in writing or | 283 |
electronically of any change in the dental hygienist's office | 284 |
address or employment within ten days after the change takes | 285 |
place. | 286 |
Sec. 4715.241. (A) As used in this section and sections | 287 |
4715.242 and 4715.25 of the Revised Code, "registration period" | 288 |
means the two-year period during which a dental hygienist's | 289 |
registration is in effect under section 4715.24 of the Revised | 290 |
Code. | 291 |
(B) A dental hygienist seeking to retire temporarily from the | 292 |
practice of dental hygiene shall provide written notice of that | 293 |
intent to the state dental board. Except as provided in division | 294 |
(C) of this section, the board shall grant temporary retirement | 295 |
if the dental hygienist has paid the registration fee required by | 296 |
section 4715.24 of the Revised Code for the registration period | 297 |
that includes the day immediately before the day that the | 298 |
temporary retirement is to begin. The license of a dental | 299 |
hygienist who is granted temporary retirement shall be inactive. | 300 |
(C) The board may deny temporary retirement to a dental | 301 |
hygienist who is, at the time that the board denies the temporary | 302 |
retirement, the subject of a disciplinary action initiated by the | 303 |
board under section 4715.30 of the Revised Code. | 304 |
Sec. 4715.242. (A) A dental hygienist who is temporarily | 305 |
retired pursuant to section 4715.241 of the Revised Code may | 306 |
submit a written request to the state dental board at any time for | 307 |
reinstatement of the dental hygienist's license. The board shall | 308 |
reinstate the license if the dental hygienist does both of the | 309 |
following: | 310 |
(1) Pays the biennial registration fee established under | 311 |
section 4715.24 of the Revised Code for the period that includes | 312 |
the day on which the temporary retirement is to cease; | 313 |
(2) Provides the board satisfactory evidence that the dental | 314 |
hygienist, during the two-year period immediately preceding the | 315 |
date that the dental hygienist submitted the written request for | 316 |
license reinstatement, completed a minimum of twenty-four hours | 317 |
of continuing dental hygiene education in accordance with division | 318 |
(B) of this section. | 319 |
(B) The completion of continuing dental hygiene education | 320 |
required under division (A)(2) of this section is subject to | 321 |
division (D) of section 4715.25 of the Revised Code. The | 322 |
continuing education programs may be developed and offered to | 323 |
dental hygienists by any of the agencies or organizations | 324 |
described in division (C) of section 4715.25 of the Revised Code. | 325 |
The board may excuse dental hygienists, as a group or as | 326 |
individuals, from all or any part of the requirements of division | 327 |
(A)(2) of this section because of an unusual circumstance, | 328 |
emergency, or special hardship. | 329 |
(C) The state dental board shall register each dental | 330 |
hygienist whose license is reinstated under this section. The | 331 |
registration expires at the end of the registration period during | 332 |
which the license is reinstated. | 333 |
Sec. 4715.25. (A) Every person licensed to practice as a | 334 |
dental hygienist and required to register with the state dental | 335 |
board shall certify to the board at the time of applying for a | 336 |
renewal of registration that in the two-year period preceding | 337 |
338 | |
registrant | 339 |
continuing dental hygiene education. Certification shall be made | 340 |
upon the application for registration prescribed by the board | 341 |
pursuant to section 4715.24 of the Revised Code. | 342 |
(B)(1) The board shall apply toward the satisfaction of a | 343 |
registrant's continuing dental hygiene education requirement any | 344 |
of the following courses that the registrant completed: | 345 |
(a) The basic life-support training course required by | 346 |
section 4715.251 of the Revised Code; | 347 |
(b) Any course required by statute or rule of the board for | 348 |
registration; | 349 |
(c) Any course required by statute or rule of the board as a | 350 |
condition of performing a particular function; | 351 |
(d) Any other course that the board determines acceptable. | 352 |
(2) In the case of a registrant whose license was reinstated | 353 |
under section 4715.242 of the Revised Code, the board shall | 354 |
apply toward the satisfaction of the registrant's continuing | 355 |
dental hygiene education requirement any course that the board | 356 |
applied toward the continuing dental hygiene education | 357 |
requirement for reinstatement of the license if the course was | 358 |
completed during the two-year period immediately preceding the | 359 |
registration period for which renewal is sought. | 360 |
(C) Continuing education programs may be developed and | 361 |
offered to dental hygienists by any of the following agencies or | 362 |
organizations: | 363 |
(1) National, state, district, or local dental hygienists' | 364 |
associations affiliated with the American dental hygienists' | 365 |
association; | 366 |
(2) National, state, district, or local dental associations | 367 |
affiliated with the American dental association or national dental | 368 |
association; | 369 |
(3) Accredited dental hygiene colleges or schools; | 370 |
(4) Accredited dental colleges or schools; | 371 |
(5) Other organizations, schools, paraprofessional programs, | 372 |
or agencies approved by the state dental board. | 373 |
| 374 |
dental hygienist's records for a period of at least | 375 |
years such receipts, vouchers, or certificates as may be necessary | 376 |
to document completion of continuing education programs. With | 377 |
cause, the board may request such documentation from licensed | 378 |
dental hygienists, and the board may request such documentation | 379 |
from licensed dental hygienists at random without cause. | 380 |
| 381 |
group or as individuals, from all or any part of the requirements | 382 |
of this section because of an unusual circumstance, emergency, or | 383 |
special hardship. | 384 |
| 385 |
section constitutes a failure to renew registration pursuant to | 386 |
section 4715.24 of the Revised Code. | 387 |
Sec. 4715.36. As used in this section and sections 4715.361 | 388 |
to 4715.374 of the Revised Code: | 389 |
(A) "Accredited dental hygiene school" means a dental hygiene | 390 |
school accredited by the American dental association commission on | 391 |
dental accreditation or a dental hygiene school whose educational | 392 |
standards are recognized by the American dental association | 393 |
commission on dental accreditation and approved by the state | 394 |
dental board. | 395 |
(B) "Authorizing dentist" means a dentist who authorizes a | 396 |
dental hygienist to perform dental hygiene services under section | 397 |
4715.365 of the Revised Code. | 398 |
(C) "Clinical evaluation" means a diagnosis and treatment | 399 |
plan formulated for an individual patient by a dentist. | 400 |
(D) "Dentist" means an individual licensed under this chapter | 401 |
to practice dentistry. | 402 |
(E) "Dental hygienist" means an individual licensed under | 403 |
this chapter to practice as a dental hygienist. | 404 |
(F) "Dental hygiene services" means the prophylactic, | 405 |
preventive, and other procedures that dentists are authorized by | 406 |
this chapter and rules of the state dental board to assign to | 407 |
dental hygienists, except for procedures while a patient is | 408 |
anesthetized, definitive root planing, definitive subgingival | 409 |
curettage, the administration of local anesthesia, and the | 410 |
procedures specified in rules adopted by the board as described in | 411 |
division (C)(4) of section 4715.22 of the Revised Code. | 412 |
(G) "Facility" means any of the following: | 413 |
(1) A health care facility, as defined in section 4715.22 of | 414 |
the Revised Code; | 415 |
(2) A state correctional institution, as defined in section | 416 |
2967.01 of the Revised Code; | 417 |
(3) A comprehensive child development program that receives | 418 |
funds distributed under the "Head Start Act," 95 Stat. 499 (1981), | 419 |
42 U.S.C. 9831, as amended, and is licensed as a child day-care | 420 |
center; | 421 |
(4) A residential facility licensed under section 5123.19 of | 422 |
the Revised Code; | 423 |
(5) A public school, as defined in section 3701.93 of the | 424 |
Revised Code, located in an area designated as a dental health | 425 |
resource shortage area pursuant to section 3702.87 of the Revised | 426 |
Code; | 427 |
(6) A nonpublic school, as defined in section 3701.93 of the | 428 |
Revised Code, located in an area designated as a dental health | 429 |
resource shortage area pursuant to section 3702.87 of the Revised | 430 |
Code; | 431 |
(7) A federally qualified health center or federally | 432 |
qualified health center look-alike, as defined in section 3701.047 | 433 |
of the Revised Code; | 434 |
(8) A shelter for victims of domestic violence, as defined | 435 |
in section 3113.33 of the Revised Code; | 436 |
(9) A facility operated by the department of youth services | 437 |
under Chapter 5139. of the Revised Code; | 438 |
(10) A shelter for runaways, as defined in section 5119.64 | 439 |
of the Revised Code; | 440 |
(11) A foster home, as defined in section 5103.02 of the | 441 |
Revised Code; | 442 |
(12) A nonprofit clinic, as defined in section 3715.87 of the | 443 |
Revised Code; | 444 |
(13) The residence of one or more individuals receiving | 445 |
services provided by a home health agency, as defined in section | 446 |
5101.61 of the Revised Code; | 447 |
(14) A dispensary; | 448 |
(15) A health care facility, such as a clinic or hospital, of | 449 |
the United States department of veterans affairs; | 450 |
(16) The residence of one or more individuals enrolled in a | 451 |
home and community-based services medicaid waiver component, as | 452 |
defined in section 5111.851 of the Revised Code; | 453 |
(17) A facility operated by the board of health of a city or | 454 |
general health district or the authority having the duties of a | 455 |
board of health under section 3709.05 of the Revised Code; | 456 |
(18) A women, infants, and children clinic; | 457 |
(19) A mobile dental unit located at any location listed in | 458 |
divisions (G)(1) to (18) of this section; | 459 |
(20) Any other location, as specified by the state dental | 460 |
board in rules adopted under section 4715.372 of the Revised Code, | 461 |
that is in an area designated as a dental health resource shortage | 462 |
area pursuant to section 3702.87 of the Revised Code and provides | 463 |
health care services to individuals who are recipients of medical | 464 |
assistance under the medicaid program established pursuant to | 465 |
Chapter 5111. of the Revised Code and to indigent and uninsured | 466 |
persons, as defined in section 2305.234 of the Revised Code. | 467 |
Sec. 4715.361. The public health oral supervision program is | 468 |
hereby created. The program shall begin six months after the | 469 |
effective date of this section. | 470 |
Sec. 4715.362. A dentist who desires to participate in the | 471 |
public oral health supervision program shall apply to the state | 472 |
dental board for a public oral health supervision permit. The | 473 |
application shall be under oath, on a form prescribed by the board | 474 |
in rules adopted under section 4715.372 of the Revised Code, and | 475 |
accompanied by an application fee of twenty dollars. To be | 476 |
eligible to receive the permit, an applicant shall meet the | 477 |
requirements established by the board in rules adopted under | 478 |
section 4715.372 of the Revised Code. | 479 |
The state dental board shall issue a public oral health | 480 |
supervision permit to a dentist who is in good standing with the | 481 |
board and satisfies all of the requirements of this section. | 482 |
Sec. 4715.363. (A) A dental hygienist who desires to | 483 |
participate in the public oral health supervision program shall | 484 |
apply to the state dental board for a permit to practice under | 485 |
the public oral health supervision of a dentist. The application | 486 |
shall be under oath, on a form prescribed by the board in rules | 487 |
adopted under section 4715.372 of the Revised Code, and | 488 |
accompanied by an application fee of twenty dollars. | 489 |
(B) The applicant shall provide evidence satisfactory to the | 490 |
board that the applicant has done all of the following: | 491 |
(1) Completed at least two years and attained a minimum of | 492 |
three thousand hours of experience in the practice of dental | 493 |
hygiene; | 494 |
(2) Completed at least twenty-four hours of continuing dental | 495 |
hygiene education during the two years prior to submission of the | 496 |
application; | 497 |
(3) Completed a course pertaining to the practice of dental | 498 |
hygiene under the public oral health supervision of a dentist | 499 |
that meets standards established in rules adopted under section | 500 |
4715.372 of the Revised Code; | 501 |
(4) Completed, during the two years prior to submission of | 502 |
the application, a course pertaining to the identification and | 503 |
prevention of potential medical emergencies that is the same as | 504 |
the course described in division (C)(2) of section 4715.22 of the | 505 |
Revised Code. | 506 |
(C) The state dental board shall issue a permit to practice | 507 |
under the public oral health supervision of a dentist to a dental | 508 |
hygienist who is in good standing with the board and meets all of | 509 |
the requirements of divisions (A) and (B) of this section. | 510 |
Sec. 4715.364. (A) No person shall authorize a dental | 511 |
hygienist to provide dental hygiene services under section | 512 |
4715.365 of the Revised Code unless the person holds a current, | 513 |
valid public oral health supervision permit issued under section | 514 |
4715.362 of the Revised Code. | 515 |
(B) No person shall provide dental hygiene services under | 516 |
section 4715.365 of the Revised Code unless the person holds a | 517 |
current, valid permit issued under section 4715.363 of the | 518 |
Revised Code to practice under the public oral health supervision | 519 |
of a dentist. | 520 |
Sec. 4715.365. (A) A dentist who holds a current, valid | 521 |
public oral health supervision permit issued under section | 522 |
4715.362 of the Revised Code may authorize a dental hygienist who | 523 |
holds a current, valid permit issued under section 4715.363 of | 524 |
the Revised Code to perform dental hygiene services at a facility | 525 |
when no dentist is physically present if all of the following | 526 |
conditions are met: | 527 |
(1) The authorizing dentist's authorization is in writing and | 528 |
includes, at a minimum, all of the following: | 529 |
(a) The authorizing dentist's name and permit number; | 530 |
(b) The dental hygienist's name and permit number; | 531 |
(c) The patient's name; | 532 |
(d) The name and address of the location where the dental | 533 |
hygiene services are to be provided; | 534 |
(e) The date of authorization; | 535 |
(f) A statement, signed by the dental hygienist, that the | 536 |
hygienist agrees to comply with section 4715.366 of the Revised | 537 |
Code. | 538 |
(2) The authorizing dentist has personally evaluated the | 539 |
dental hygienist's skills prior to authorizing the dental | 540 |
hygienist to provide the dental hygiene services. | 541 |
(3) Prior to authorizing the dental hygienist to perform the | 542 |
dental hygiene services, the patient's medical and dental history | 543 |
is made available to the authorizing dentist and the authorizing | 544 |
dentist reviews and evaluates the history and determines that | 545 |
the patient may safely receive dental hygiene services. | 546 |
(4) Immediately prior to the provision of dental hygiene | 547 |
services, the patient or patient's representative verifies, by the | 548 |
signature or mark of the patient or representative, that no | 549 |
medically significant changes to the patient's medical or dental | 550 |
history have occurred since the authorizing dentist most recently | 551 |
reviewed and evaluated the history and determined that the | 552 |
patient could safely receive dental hygiene services. The | 553 |
signature or mark may be provided through reasonable | 554 |
accommodation, including the use of assistive technology or | 555 |
augmentative devices. | 556 |
(5) Prior to receiving dental hygiene services, the patient | 557 |
and the operator of the facility where the dental hygiene | 558 |
services are to be provided are notified that no dentist will be | 559 |
present at the location and that the dental hygienist is | 560 |
prohibited from doing either of the following: | 561 |
(a) Diagnosing the patient's oral health care status; | 562 |
(b) Providing dental hygiene services to the same patient on | 563 |
a subsequent occasion until the patient has received a clinical | 564 |
evaluation performed by a dentist, except in instances described | 565 |
in division (D)(2) of this section. | 566 |
(6) The dental hygienist is employed by, or under contract | 567 |
with, one of the following: | 568 |
(a) The authorizing dentist; | 569 |
(b) A dentist who is any of the following: | 570 |
(i) The authorizing dentist's employer; | 571 |
(ii) A shareholder in a professional association, formed | 572 |
under Chapter 1785. of the Revised Code, of which the authorizing | 573 |
dentist is a shareholder; | 574 |
(iii) A member or manager of a limited liability company, | 575 |
formed under Chapter 1705. of the Revised Code, of which the | 576 |
authorizing dentist is a member or manager; | 577 |
(iv) A shareholder in a corporation, formed under division | 578 |
(B) of section 1701.03 of the Revised Code, of which the | 579 |
authorizing dentist is a shareholder; | 580 |
(v) A partner or employee of a partnership, formed under | 581 |
Chapter 1775. of the Revised Code, of which the authorizing | 582 |
dentist is a partner or employee; | 583 |
(vi) A partner or employee of a limited liability | 584 |
partnership, formed under Chapter 1775. of the Revised Code, of | 585 |
which the authorizing dentist is a partner or employee. | 586 |
(c) A government entity that employs the dental hygienist to | 587 |
provide dental hygiene services. | 588 |
(7) If the patient to whom the services are to be provided | 589 |
previously received dental hygiene services under this section, | 590 |
there is written evidence that the patient received a clinical | 591 |
evaluation after the most recent provision of those services. | 592 |
(B) No dentist shall authorize a dental hygienist to perform, | 593 |
and no dental hygienist shall perform, dental hygiene services on | 594 |
a patient under this section unless all of the conditions in | 595 |
division (A) of this section are met. | 596 |
(C) If a patient or patient's representative indicates, under | 597 |
division (A)(4) of this section, that a medically significant | 598 |
change has occurred in the patient's medical or dental history | 599 |
since the authorizing dentist's most recent review and | 600 |
evaluation of the medical and dental history required by division | 601 |
(A)(3) of this section, no dental hygiene services shall be | 602 |
provided under this section until the authorizing dentist | 603 |
completes another review and evaluation of the patient's medical | 604 |
and dental history. The authorizing dentist may complete the | 605 |
subsequent review and evaluation of the patient's medical and | 606 |
dental history by telephone, facsimile, electronic mail, video, | 607 |
or any other means of electronic communication. | 608 |
(D)(1) Except as provided in division (D)(2) of this section, | 609 |
no dentist shall authorize a dental hygienist to provide, and no | 610 |
dental hygienist shall provide, dental hygiene services under this | 611 |
section to the same patient on a subsequent occasion until the | 612 |
patient has received a clinical evaluation performed by a dentist. | 613 |
(2) Division (D)(1) of this section does not apply if the | 614 |
patient requires multiple visits to complete a procedure that | 615 |
could not be completed during the visit in which dental hygiene | 616 |
services were commenced. If the patient requires multiple visits | 617 |
to complete the procedure that could not be completed during the | 618 |
visit in which dental hygiene services were commenced, the | 619 |
procedure shall be completed not later than eight weeks after the | 620 |
visit in which the services were commenced. | 621 |
(E) No authorizing dentist shall authorize a dental hygienist | 622 |
to diagnose a patient's oral health care status. No dental | 623 |
hygienist practicing under a permit issued under section 4715.363 | 624 |
of the Revised Code to practice under the public oral health | 625 |
supervision of a dentist shall diagnose a patient's oral health | 626 |
care status. | 627 |
Sec. 4715.366. (A) A dental hygienist providing dental | 628 |
hygiene services under a permit issued under section 4715.363 of | 629 |
the Revised Code to practice under the public oral health | 630 |
supervision of a dentist shall do both of the following: | 631 |
(1) Comply with written protocols established by the | 632 |
authorizing dentist who authorizes the dental hygienist's | 633 |
provision of services and standing orders established by the | 634 |
authorizing dentist, including protocols and standing orders | 635 |
regarding emergencies and, for the purpose of section 4715.365 of | 636 |
the Revised Code, protocols regarding what constitutes a medically | 637 |
significant change to a patient's medical or dental history; | 638 |
(2) Immediately following the completion of the dental | 639 |
hygiene services and subject to division (B) of this section, | 640 |
direct the patient to the authorizing dentist for a clinical | 641 |
evaluation and schedule or cause to be scheduled an appointment | 642 |
for the patient with the authorizing dentist. | 643 |
(B) For purposes of division (A)(2) of this section, the | 644 |
dental hygienist shall make every attempt to schedule the | 645 |
patient's appointment with the authorizing dentist not later than | 646 |
ninety days after the completion of the dental hygiene services. | 647 |
The dental hygienist shall provide the patient with a written | 648 |
notice of the appointment that includes, at a minimum, the | 649 |
authorizing dentist's name, address, and telephone number; the | 650 |
date and time of the appointment; and a statement of the dental | 651 |
hygiene services performed by the hygienist. The notice shall be | 652 |
given to the patient or the patient's representative and one copy | 653 |
shall be given to the authorizing dentist. | 654 |
Sec. 4715.367. An authorizing dentist shall not at any one | 655 |
time have more than three dental hygienists who hold permits | 656 |
issued under section 4715.363 of the Revised Code working under | 657 |
the dentist's authorization pursuant to section 4715.365 of the | 658 |
Revised Code. | 659 |
Sec. 4715.368. At the request of the state dental board, an | 660 |
authorizing dentist or the dental hygienist who has been | 661 |
authorized to perform dental hygiene services in accordance with | 662 |
section 4715.365 of the Revised Code shall make available to the | 663 |
board a list of all locations where the dental hygienist provided | 664 |
services, the locations where the hygienist plans to provide | 665 |
services in the future, or both, as specified in the board's | 666 |
request. | 667 |
Sec. 4715.369. (A) A public oral health supervision permit | 668 |
issued under section 4715.362 of the Revised Code expires on the | 669 |
thirty-first day of December of the odd-numbered year that occurs | 670 |
after the permit's issuance. A dentist who desires to renew a | 671 |
permit shall apply, under oath, to the state dental board on a | 672 |
form prescribed by the board in rules adopted under section | 673 |
4715.372 of the Revised Code. At the time of application, the | 674 |
dentist shall pay a renewal fee of twenty dollars. | 675 |
(B) The board shall renew a public oral health supervision | 676 |
permit for a two-year period if the dentist submitted a complete | 677 |
application, paid the renewal fee, is in good standing with the | 678 |
board, and verified with the board all of the following: | 679 |
(1) The locations at which dental hygienists have, under the | 680 |
dentist's authorization, provided services during the two years | 681 |
prior to submission of the renewal application; | 682 |
(2) The number of patients treated, during the two years | 683 |
prior to submission of the renewal application, by each dental | 684 |
hygienist providing dental hygiene services under the dentist's | 685 |
authorization; | 686 |
(3) For each number of patients provided under division | 687 |
(B)(2) of this section, the number of patients whom the dentist | 688 |
clinically evaluated following the provision of dental hygiene | 689 |
services by a dental hygienist. | 690 |
Sec. 4715.37. (A) A permit to practice under the public oral | 691 |
health supervision of a dentist issued under section 4715.363 of | 692 |
the Revised Code expires on the thirty-first day of December of | 693 |
the odd-numbered year that occurs after the permit's issuance. A | 694 |
dental hygienist who desires to renew a permit to practice under | 695 |
the public oral health supervision of a dentist shall apply, under | 696 |
oath, to the state dental board on a form prescribed by the board | 697 |
in rules adopted under section 4715.372 of the Revised Code. At | 698 |
the time of application, the dental hygienist shall pay a renewal | 699 |
fee of twenty dollars. | 700 |
(B) The state dental board shall renew a permit for a | 701 |
two-year period if the dental hygienist submitted a complete | 702 |
application, paid the renewal fee, is in good standing with the | 703 |
board, and has verified with the board both of the following: | 704 |
(1) The locations at which the hygienist has provided dental | 705 |
hygiene services under a permit to practice under the public oral | 706 |
health supervision of a dentist; | 707 |
(2) The number of patients that the hygienist has treated | 708 |
under a permit during the two years prior to submission of the | 709 |
renewal application. | 710 |
Sec. 4715.371. The state dental board shall develop and | 711 |
publish on its web site a directory containing the names and | 712 |
contact information of dentists and dental hygienists who hold | 713 |
current, valid permits issued under sections 4715.362 and | 714 |
4715.363 of the Revised Code. | 715 |
Sec. 4715.372. (A) The state dental board shall adopt rules | 716 |
in accordance with Chapter 119. of the Revised Code as necessary | 717 |
to implement the public oral health supervision program, | 718 |
including rules that do all of the following: | 719 |
(1) For the purpose of division (G)(20) of section 4715.36 of | 720 |
the Revised Code, designate additional facilities at which a | 721 |
dental hygienist may be authorized to perform dental hygiene | 722 |
services under the public oral health supervision program; | 723 |
(2) For the purpose of section 4715.362 of the Revised Code, | 724 |
prescribe the application form and requirements for obtaining a | 725 |
public oral health supervision permit; | 726 |
(3) For the purpose of section 4715.363 of the Revised Code, | 727 |
prescribe the application form for a permit to practice as a | 728 |
dental hygienist under the public oral health supervision of a | 729 |
dentist; | 730 |
(4) For the purpose of division (B)(3) of section 4715.363 | 731 |
of the Revised Code and subject to division (B) of this section, | 732 |
establish standards for the course in the practice of dental | 733 |
hygiene under public oral health supervision; | 734 |
(5) For the purpose of section 4715.369 of the Revised Code, | 735 |
prescribe the form for renewal of a public oral health | 736 |
supervision permit; | 737 |
(6) For the purpose of section 4715.37 of the Revised Code, | 738 |
prescribe the form for renewal of a permit to practice as a dental | 739 |
hygienist under the public oral health supervision of a dentist. | 740 |
(B) The course in the practice of dental hygiene under | 741 |
public oral health supervision for which the board establishes | 742 |
standards under division (A)(4) of this section shall meet all | 743 |
of the following requirements: | 744 |
(1) Be eight hours in length; | 745 |
(2) Include, at a minimum, instruction in both of the | 746 |
following: | 747 |
(a) The treatment of geriatric patients, medically | 748 |
compromised patients, developmentally disabled patients, and | 749 |
pediatric patients; | 750 |
(b) Recordkeeping practices. | 751 |
(3) Be developed and offered by an institution accredited by | 752 |
the American dental association commission on dental accreditation | 753 |
or a program provided by a sponsor of continuing education | 754 |
approved by the board; | 755 |
(4) Include content that is separate and independent from the | 756 |
course content required for the completion of dental hygiene | 757 |
education from an accredited dental hygiene school. | 758 |
Sec. 4715.373. Nothing in sections 4715.36 to 4715.372 of the | 759 |
Revised Code authorizes any activity prohibited by this chapter or | 760 |
prohibited by a rule adopted under this chapter by the state | 761 |
dental board, including the activities prohibited by division (E) | 762 |
of section 4715.22 of the Revised Code and the activities | 763 |
prohibited or not authorized by section 4715.23 of the Revised | 764 |
Code. | 765 |
Sec. 4715.374. The state dental board may, in accordance with | 766 |
Chapter 119. of the Revised Code, suspend or revoke a permit | 767 |
issued under section 4715.362 or 4715.363 of the Revised Code if | 768 |
the permit holder fails to comply with sections 4715.361 to | 769 |
4715.373 of the Revised Code. | 770 |
Sec. 4715.375. The state dental board shall annually report | 771 |
the status of the public oral health supervision program. The | 772 |
report shall be submitted to the governor and, in accordance with | 773 |
section 101.68 of the Revised Code, to the general assembly. The | 774 |
report shall specify, for the year covered by the report, at least | 775 |
all of the following: | 776 |
(A) The number of dentists who applied for and were issued | 777 |
public oral health supervision permits under section 4715.362 of | 778 |
the Revised Code; | 779 |
(B) The number of dental hygienists who applied for and were | 780 |
issued permits to practice under the public oral health | 781 |
supervision of a dentist under section 4715.363 of the Revised | 782 |
Code; | 783 |
(C) The number of dentists who applied for and were granted | 784 |
renewal of public oral health supervision permits under section | 785 |
4715.369 of the Revised Code; | 786 |
(D) The number of dental hygienists who applied for and were | 787 |
granted renewal of permits to practice under the public oral | 788 |
health supervision of a dentist under section 4715.37 of the | 789 |
Revised Code; | 790 |
(E) The number and geographic locations of facilities at | 791 |
which dental hygienists provided dental hygiene services under | 792 |
permits to practice under the public oral health supervision of a | 793 |
dentist; | 794 |
(F) The number of patients who received dental hygiene | 795 |
services from dental hygienists providing services under permits | 796 |
to practice under the public oral health supervision of a dentist; | 797 |
(G) The number of patients who received a clinical evaluation | 798 |
from a dentist following the provision of dental hygiene services | 799 |
under section 4715.365 of the Revised Code. | 800 |
Section 2. That existing sections 4715.14, 4715.141, | 801 |
4715.21, 4715.22, 4715.24, and 4715.25 of the Revised Code are | 802 |
hereby repealed. | 803 |
Section 3. (A) As used in this section, "registration period" | 804 |
has the same meaning as in section 4715.241 of the Revised Code, | 805 |
as enacted by this act. | 806 |
(B) Notwithstanding the provisions of section 4715.25 of the | 807 |
Revised Code, as amended by this act, that increase from twelve to | 808 |
twenty-four the minimum number of hours of continuing education | 809 |
that a dental hygienist must certify to the State Dental Board | 810 |
when applying for a renewal of registration, a dental hygienist | 811 |
whose registration expires on December 31, 2009, remains subject | 812 |
to the requirement to certify completion of a minimum of twelve | 813 |
hours of continuing education when applying for a renewal of | 814 |
registration for the 2010 to 2011 registration period. | 815 |
(C) Notwithstanding the provisions of section 4715.242 of | 816 |
the Revised Code, as enacted by this act, that require the | 817 |
completion of a minimum of twenty-four hours of continuing dental | 818 |
hygiene education for the reinstatement of a dental hygienist's | 819 |
license, a dental hygienist who submits a written request to the | 820 |
Board for reinstatement of the dental hygienist's license on or | 821 |
before December 31, 2009, must provide the Board with satisfactory | 822 |
evidence that the dental hygienist, during the two-year period | 823 |
immediately preceding the date that the dental hygienist submitted | 824 |
the written request, completed a minimum of twelve hours of | 825 |
continuing dental hygiene education. The completion of continuing | 826 |
dental hygiene education required under this division is subject | 827 |
to division (D) of section 4715.25 of the Revised Code, as amended | 828 |
by this act. The continuing education programs may be developed | 829 |
and offered to dental hygienists by any of the agencies or | 830 |
organizations described in division (C) of section 4715.25 of the | 831 |
Revised Code, as amended by this act. The Board may excuse dental | 832 |
hygienists, as a group or as individuals, from all or any part of | 833 |
the requirements of this division because of an unusual | 834 |
circumstance, emergency, or special hardship. | 835 |