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To amend sections 4715.03, 4715.031, 4715.06, | 1 |
4715.14, 4715.141, 4715.24, 4715.25, and 4715.30 | 2 |
and to enact sections 4715.032, 4715.033, | 3 |
4715.034, 4715.035, 4715.036, 4715.037, | 4 |
4715.038, 4715.039, and 4715.0310 of the Revised | 5 |
Code to modify the law governing investigations | 6 |
and hearings conducted by the State Dental Board. | 7 |
Section 1. That sections 4715.03, 4715.031, 4715.06, 4715.14, | 8 |
4715.141, 4715.24, 4715.25, and 4715.30 be amended and sections | 9 |
4715.032, 4715.033, 4715.034, 4715.035, 4715.036, 4715.037, | 10 |
4715.038, 4715.039, and 4715.0310 of the Revised Code be enacted | 11 |
to read as follows: | 12 |
Sec. 4715.03. (A) The state dental board shall organize by | 13 |
14 | |
secretary, and vice-secretary. The secretary and vice-secretary | 15 |
shall be elected from the members of the board who are dentists. | 16 |
It shall hold meetings monthly at least eight months a year at | 17 |
such times and places as the board designates. A majority of the | 18 |
members of the board shall constitute a quorum. The board shall | 19 |
make such reasonable rules as it determines necessary pursuant to | 20 |
Chapter 119. of the Revised Code. | 21 |
(B) A concurrence of a majority of the members of the board | 22 |
shall be required to | 23 |
(1) Grant, refuse, suspend, place on probationary status, | 24 |
revoke, refuse to renew, or refuse to reinstate a license or | 25 |
censure a license holder or take any other action authorized under | 26 |
section 4715.30 of the Revised Code; | 27 |
(2) Seek an injunction under section 4715.05 of the Revised | 28 |
Code; | 29 |
(3) Enter into a consent agreement with a license holder; | 30 |
(4) If the board develops and implements the quality | 31 |
intervention program under section 4715.031 of the Revised Code, | 32 |
refer a license holder to the program; | 33 |
(5) Terminate an investigation conducted under division (D) | 34 |
of this section; | 35 |
(6) Dismiss any complaint filed with the board. | 36 |
(C) The board shall adopt rules | 37 |
with Chapter 119. of the Revised Code to do all of the following: | 38 |
(1) Establish standards for the safe practice of dentistry | 39 |
and dental hygiene by qualified practitioners and shall, through | 40 |
its policies and activities,
promote such practice | 41 |
| 42 |
43 | |
body fluid precautions that shall be used by each person licensed | 44 |
under this chapter who performs exposure prone invasive | 45 |
procedures. The rules shall define and establish requirements for | 46 |
universal blood and body fluid precautions that include the | 47 |
following: | 48 |
| 49 |
| 50 |
| 51 |
instruments; | 52 |
| 53 |
garments and devices. | 54 |
(3) For purposes of division (A)(4) of section 4715.30 of the | 55 |
Revised Code, identify criminal offenses that are substantially | 56 |
related to the practice of dentistry, dental hygiene, or any other | 57 |
profession the board regulates. The board shall identify a | 58 |
misdemeanor or felony as such an offense only if the nature of the | 59 |
misdemeanor or felony has a direct bearing on the fitness or | 60 |
ability of the individual to perform one or more of the duties or | 61 |
responsibilities necessarily related to the practice of dentistry, | 62 |
dental hygiene, or the other professions the board regulates. | 63 |
(D) The board shall administer and enforce the provisions of | 64 |
this chapter. The board shall, in accordance with sections | 65 |
4715.032 to 4715.035 of the Revised Code, investigate evidence | 66 |
which appears to show that any person has violated any provision | 67 |
of this chapter. Any person may report to the board under oath any | 68 |
information such person may have appearing to show a violation of | 69 |
any provision of this chapter. In the absence of bad faith, any | 70 |
person who reports such information or who testifies before the | 71 |
board in any disciplinary proceeding conducted pursuant to Chapter | 72 |
119. of the Revised Code is not liable for civil damages as a | 73 |
result of making the report or providing testimony. If after | 74 |
investigation and reviewing the recommendation of the supervisory | 75 |
investigative panel issued pursuant to section 4715.034 of the | 76 |
Revised Code the board determines that there are reasonable | 77 |
grounds to believe that a violation of this chapter has occurred, | 78 |
the board shall, except as provided in this chapter, conduct | 79 |
disciplinary proceedings pursuant to Chapter 119. of the Revised | 80 |
Code, seek an injunction under section 4715.05 of the Revised | 81 |
Code, enter into a consent agreement with a license holder, or | 82 |
provide for a license holder to participate in the quality | 83 |
intervention program established under section 4715.031 of the | 84 |
Revised Code if the board develops and implements that program. | 85 |
86 | |
87 |
For the purpose of any disciplinary proceeding or any | 88 |
investigation conducted under this division, the board may | 89 |
administer oaths, order the taking of depositions, issue subpoenas | 90 |
in accordance with section 4715.033 of the Revised Code, compel | 91 |
the attendance and testimony of persons at depositions, and compel | 92 |
the production of books, accounts, papers, documents, or other | 93 |
tangible things. The hearings and investigations of the board | 94 |
shall be considered civil actions for the purposes of section | 95 |
2305.252 of the Revised Code. Notwithstanding section 121.22 of | 96 |
the Revised Code and except as provided in section 4715.036 of the | 97 |
Revised Code, proceedings of the board relative to the | 98 |
investigation of a complaint or the determination whether there | 99 |
are reasonable grounds to believe that a violation of this chapter | 100 |
has occurred are confidential and are not subject to discovery in | 101 |
any civil action. | 102 |
(E)(1) The board shall examine or cause to be examined | 103 |
eligible applicants to practice dental hygiene. The board may | 104 |
distinguish by rule different classes of qualified personnel | 105 |
according to skill levels and require all or only certain of these | 106 |
classes of qualified personnel to be examined and certified by the | 107 |
board. | 108 |
(2) The board shall administer a written jurisprudence | 109 |
examination to each applicant for a license to practice dentistry. | 110 |
The examination shall cover only the statutes and administrative | 111 |
rules governing the practice of dentistry in this state. | 112 |
(F) In accordance with Chapter 119. of the Revised Code, the | 113 |
board shall adopt, and may amend or rescind, rules establishing | 114 |
the eligibility criteria, the application and permit renewal | 115 |
procedures, and safety standards applicable to a dentist licensed | 116 |
under this chapter who applies for a permit to employ or use | 117 |
conscious intravenous sedation. These rules shall include all of | 118 |
the following: | 119 |
(1) The eligibility requirements and application procedures | 120 |
for an eligible dentist to obtain a conscious intravenous sedation | 121 |
permit; | 122 |
(2) The minimum educational and clinical training standards | 123 |
required of applicants, which shall include satisfactory | 124 |
completion of an advanced cardiac life support course; | 125 |
(3) The facility equipment and inspection requirements; | 126 |
(4) Safety standards; | 127 |
(5) Requirements for reporting adverse occurrences. | 128 |
Sec. 4715.031. (A) The state dental board | 129 |
and implement a quality intervention program. The board may | 130 |
propose that the holder of a license issued by the board | 131 |
participate in the program if the board determines pursuant to an | 132 |
investigation conducted under section 4715.03 of the Revised Code | 133 |
that there are reasonable grounds to believe the license holder | 134 |
has violated a provision of this chapter due to a clinical or | 135 |
communication problem that could be improved through participation | 136 |
in the program and determines that the license holder's | 137 |
participation in the program is appropriate. The board shall refer | 138 |
a license holder who agrees to participate in the program to an | 139 |
educational and assessment service provider selected by the board. | 140 |
| 141 |
the quality intervention program, the board shall do all of the | 142 |
following: | 143 |
(1) Select, by a concurrence of a majority of the board's | 144 |
members, educational and assessment service providers, which may | 145 |
include quality intervention program panels of case reviewers. A | 146 |
provider selected by the board to provide services to a license | 147 |
holder shall recommend to the board the educational and assessment | 148 |
services the license holder should receive under the program. The | 149 |
license holder may begin participation in the program if the board | 150 |
approves the services the provider recommends. The license holder | 151 |
shall not be required to participate in the program beyond thirty | 152 |
days from the date the license holder agrees to participate in the | 153 |
program under this division. The license holder shall pay the | 154 |
amounts charged by the provider for the services. | 155 |
| 156 |
progress in the program and determine whether the license holder | 157 |
has successfully completed the program. If the board determines | 158 |
that the license holder has successfully completed the program, it | 159 |
may continue to monitor the license holder, take other action it | 160 |
considers appropriate, or both. The additional monitoring, other | 161 |
action taken by the board, or both, shall not continue beyond one | 162 |
year from the date the license holder agrees to participate in the | 163 |
program under this division. If the board determines that the | 164 |
license holder has not successfully completed the program, it | 165 |
shall, as soon as possible thereafter, commence disciplinary | 166 |
proceedings against the license holder under section 4715.03 of | 167 |
the Revised Code. | 168 |
(3) Elect from the board's members who are dentists a | 169 |
coordinator to administer the quality intervention program. | 170 |
(B) The board may adopt rules in accordance with Chapter 119. | 171 |
of the Revised Code to further implement the quality intervention | 172 |
program. | 173 |
Sec. 4715.032. There is hereby created the supervisory | 174 |
investigative panel of the state dental board. The supervisory | 175 |
investigative panel shall consist solely of the board's secretary | 176 |
and vice-secretary. The supervisory investigative panel shall | 177 |
supervise all of the board's investigations. | 178 |
Sec. 4715.033. (A) All subpoenas the state dental board | 179 |
desires to issue with respect to an investigation shall, subject | 180 |
to division (B) of this section, be authorized by the supervisory | 181 |
investigative panel. | 182 |
(B) Before the supervisory investigative panel authorizes the | 183 |
board to issue a subpoena, the panel shall consult with the office | 184 |
of the attorney general and determine whether there is probable | 185 |
cause to believe that the complaint filed alleges a violation of | 186 |
this chapter or any rule adopted under it and that the information | 187 |
sought pursuant to the subpoena is relevant to the alleged | 188 |
violation and material to the investigation. | 189 |
(C) Any subpoena to compel the production of records that the | 190 |
board issues after authorization by the supervisory investigative | 191 |
panel shall pertain to records that cover a reasonable period of | 192 |
time surrounding the alleged violation. | 193 |
(D) On a person's failure to comply with a subpoena issued by | 194 |
the board and after reasonable notice to that person of the | 195 |
failure, the board may move for an order compelling the production | 196 |
of persons or records pursuant to the Rules of Civil Procedure. | 197 |
Sec. 4715.034. (A) The supervisory investigative panel may | 198 |
ask to meet with the individual who is the subject of the | 199 |
investigation at any time during the investigation of the | 200 |
individual. At the conclusion of the investigation, the panel | 201 |
shall recommend that the state dental board do one of the | 202 |
following: | 203 |
(1) Pursue disciplinary action under section 4715.30 of the | 204 |
Revised Code; | 205 |
(2) Seek an injunction under section 4715.05 of the | 206 |
Revised Code; | 207 |
(3) Enter into a consent agreement if the subject of the | 208 |
investigation is a licensee; | 209 |
(4) Refer the individual to the quality intervention | 210 |
program if that program is developed and implemented under | 211 |
section 4715.031 of the Revised Code and the subject of the | 212 |
investigation is a licensee; | 213 |
(5) Terminate the investigation. | 214 |
(B) The supervisory investigative panel's recommendation | 215 |
shall be in writing, specify the reasons for the recommendation, | 216 |
and, except as provided in section 4715.035 of the Revised Code, | 217 |
be made not later than one year after the date the panel begins | 218 |
to supervise the investigation. | 219 |
Once the panel makes a recommendation under this section, the | 220 |
secretary and vice-secretary of the board shall not participate in | 221 |
any deliberations the board has on the case. | 222 |
Sec. 4715.035. A recommendation made by the supervisory | 223 |
investigative panel regarding an investigation in which a | 224 |
violation of division (A)(7) of section 4715.30 of the Revised | 225 |
Code is alleged shall be made not later than two years after the | 226 |
panel begins to supervise the investigation. | 227 |
Sec. 4715.036. (A) If the state dental board notifies an | 228 |
individual who is an applicant, license holder, or other | 229 |
individual of an opportunity for a hearing pursuant to section | 230 |
119.07 of the Revised Code, the board shall state in the notice | 231 |
that the individual is entitled to receive, on request and at no | 232 |
cost to the individual, one copy of each item the board procures | 233 |
or creates in the course of its investigation on the individual | 234 |
at least sixty days prior to the hearing. Items may include, but | 235 |
are not limited to, the complaint or complaints filed with the | 236 |
board; correspondence, reports, and statements of any kind; | 237 |
deposition transcripts; and patient dental records. | 238 |
(B) If a request for investigative items is made pursuant to | 239 |
this section, the hearing shall, notwithstanding section 119.07 | 240 |
of the Revised Code, be scheduled for a date that is at least | 241 |
sixty-one days after the board provides the individual with the | 242 |
investigative materials. | 243 |
Sec. 4715.037. (A) Notwithstanding the permissive nature of | 244 |
hearing referee or examiner appointments under section 119.09 of | 245 |
the Revised Code, the state dental board shall appoint, by a | 246 |
concurrence of a majority of its members, five referees or | 247 |
examiners to conduct the hearings the board is required to hold | 248 |
pursuant to sections 119.01 to 119.13 of the Revised Code. | 249 |
Referees or examiners appointed under this section shall be | 250 |
attorneys at law who have been admitted to the practice of law and | 251 |
who are classified as either administrative law attorney examiners | 252 |
or as administrative law attorney examiner administrators under | 253 |
the state job classification plan adopted under section 124.14 of | 254 |
the Revised Code. | 255 |
(B)(1) Referees or examiners appointed under this section | 256 |
shall serve no more than the following number of consecutive | 257 |
one-year terms: | 258 |
(a) In the case of two of the initial appointees, eight; | 259 |
(b) In the case of two other of the initial appointees, nine; | 260 |
(c) In the case of the one other initial appointee and all | 261 |
successor appointees, five. | 262 |
(2) The board may not refuse to reappoint a referee or | 263 |
examiner before the referee or examiner has served the maximum | 264 |
number of terms applicable to the referee or examiner unless the | 265 |
referee or examiner does not seek to serve the maximum number of | 266 |
terms or the board, by a concurrence of a majority of its members, | 267 |
determines there is cause not to reappoint the referee or | 268 |
examiner. | 269 |
(C) The board shall assign one referee or examiner appointed | 270 |
under this section to conduct each hearing. Assignments shall be | 271 |
made in the order the board receives requests for hearings | 272 |
without regard to the experience or background of a particular | 273 |
referee or examiner or the consideration of any factor other | 274 |
than whether the referee or examiner is available at the | 275 |
appropriate time. | 276 |
Sec. 4715.038. A hearing referee or examiner assigned to | 277 |
conduct a hearing pursuant to section 4715.037 of the Revised Code | 278 |
shall hear and consider the oral and documented evidence | 279 |
introduced by the parties during the hearing. Not later than | 280 |
thirty days following the close of the hearing, the referee or | 281 |
examiner shall issue to the state dental board, in writing, | 282 |
proposed findings of fact and conclusions of law. Along with the | 283 |
proposed findings of fact and conclusions of law, the board shall | 284 |
be given copies of the record of the hearing and all exhibits and | 285 |
documents presented by the parties at the hearing. | 286 |
Sec. 4715.039. Prior to the state dental board's decision of | 287 |
a case, the board shall allow the parties or their counsel an | 288 |
opportunity to present oral arguments on the proposed findings of | 289 |
fact and conclusions of law issued by the hearing referee or | 290 |
examiner under section 4715.038 of the Revised Code. Not later | 291 |
than sixty days following the board's receipt of the proposed | 292 |
findings of fact and conclusions of law, or a date mutually agreed | 293 |
to by the board and the applicant for or holder of a certificate | 294 |
or license issued under this chapter, the board shall render a | 295 |
decision. The decision shall be in writing and contain findings of | 296 |
fact and conclusions of law. | 297 |
Copies of the board's decision shall be delivered to the | 298 |
applicant, licensee, or certificate holder personally or by | 299 |
certified mail. The board's decision shall be considered final on | 300 |
the date personal delivery of the decision is made or the date the | 301 |
decision is mailed. | 302 |
An individual may appeal a decision by the board in | 303 |
accordance with the procedure specified in Chapter 119. of the | 304 |
Revised Code. | 305 |
Sec. 4715.0310. A notice of opportunity for a hearing issued | 306 |
by the state dental board pursuant to section 119.07 of the | 307 |
Revised Code and the name of the hearing referee or examiner the | 308 |
board assigns to a hearing pursuant to section 4715.037 of the | 309 |
Revised Code are public records under section 149.43 of the | 310 |
Revised Code. | 311 |
Sec. 4715.06. Each member of the state dental board shall | 312 |
receive an amount fixed pursuant to division (J) of section 124.15 | 313 |
of the Revised Code for each day actually employed in the | 314 |
discharge of the official duties of the member, and the necessary | 315 |
expenses of the member. The secretary and vice-secretary shall | 316 |
317 | |
incurred | 318 |
of the secretary and vice-secretary, respectively. All vouchers of | 319 |
the board shall be approved by the board president or executive | 320 |
secretary, or both, as authorized by the board. | 321 |
Sec. 4715.14. (A) Each person who is licensed to practice | 322 |
dentistry in Ohio shall, on or before the first day of January of | 323 |
each even-numbered year, register with the state dental board. The | 324 |
registration shall be made on a form prescribed by the board and | 325 |
furnished by the secretary, shall include the licensee's name, | 326 |
address, license number, and such other reasonable information as | 327 |
the board may consider necessary, and shall include payment of a | 328 |
biennial registration fee of two hundred forty-five dollars. | 329 |
Except as provided in division | 330 |
shall be paid to the
treasurer of
state. | 331 |
Subject to division (C) of this section, a registration shall be | 332 |
in effect for the two-year period beginning on the first day of | 333 |
January of the even-numbered year and ending on the last day of | 334 |
December of the following odd-numbered year, and shall be renewed | 335 |
in accordance with the standard renewal procedure of sections | 336 |
4745.01 to
4745.03 of the
Revised Code. | 337 |
338 | |
339 | |
340 |
(B) | 341 |
342 | |
343 | |
344 | |
dentist who desires to temporarily retire from practice | 345 |
has given the board notice in writing to that effect | 346 |
shall | 347 |
that time all previous registration fees and additional costs of | 348 |
reinstatement have been paid. | 349 |
(C) The board shall notify a dentist who fails to renew a | 350 |
license in accordance with division (A) of this section of all of | 351 |
the following: | 352 |
(1) That the board has not received the registration form and | 353 |
fee described in that division; | 354 |
(2) That the license shall remain valid and in good standing | 355 |
until the first day of June following the last day of December of | 356 |
the odd-numbered year in which the dentist was scheduled to renew | 357 |
if the dentist remains in compliance with all other applicable | 358 |
provisions of this chapter and any rule adopted under it; | 359 |
(3) That the license may be renewed until the first day of | 360 |
June following the last day of December of the odd-numbered year | 361 |
in which the dentist was scheduled to renew by the payment of the | 362 |
biennial registration fee and an additional fee of eighty-one | 363 |
dollars to cover the cost of late renewal; | 364 |
(4) That unless the board receives the registration form and | 365 |
fee before the first day of June following the last day of | 366 |
December of the odd-numbered year in which the dentist was | 367 |
scheduled to renew, the board may, on or after the relevant first | 368 |
day of June, initiate disciplinary action against the dentist | 369 |
pursuant to Chapter 119. of the Revised Code; | 370 |
(5) That a dentist whose license has been suspended as a | 371 |
result of disciplinary action initiated pursuant to division | 372 |
(C)(4) of this section may be reinstated by the payment of the | 373 |
biennial registration fee and an additional fee of two hundred | 374 |
dollars to cover the cost of reinstatement. | 375 |
(D) Each dentist licensed to practice, whether a resident or | 376 |
not, shall notify the secretary in writing of any change in the | 377 |
dentist's office address or employment within ten days after such | 378 |
change has taken place. On the first day of July of every | 379 |
even-numbered year, the secretary shall issue a printed roster of | 380 |
the names and addresses so registered. | 381 |
| 382 |
be paid to the dentist loan repayment fund created under section | 383 |
3702.95 of the Revised Code. | 384 |
Sec. 4715.141. (A) Each licensed dentist shall complete | 385 |
biennially not less than forty hours of continuing dental | 386 |
education, which may include, but is not limited to, attendance at | 387 |
lectures, study clubs, college and postgraduate courses, or | 388 |
scientific sessions of conventions, research, graduate study, | 389 |
teaching, service as a clinician, or correspondence courses. | 390 |
Continuing dental education programs include, but are not limited | 391 |
to, programs that address any of the following: | 392 |
(1) | 393 |
medically compromised or who experience medical emergencies during | 394 |
the course of dental treatment; | 395 |
(2) Knowledge of pharmaceutical products and the protocol of | 396 |
the proper use of medications; | 397 |
(3) Competency to diagnose oral pathology; | 398 |
(4) Awareness of currently accepted methods of infection | 399 |
control; | 400 |
(5) Basic medical and scientific subjects including, but not | 401 |
limited to, biology, physiology, pathology, biochemistry, and | 402 |
pharmacology; | 403 |
(6) Clinical and technological subjects including, but not | 404 |
limited to, clinical techniques and procedures, materials, and | 405 |
equipment; | 406 |
(7) Subjects pertinent to health and safety. | 407 |
Dentists shall earn continuing education credits at the rate | 408 |
of one-half credit for each twenty-five to thirty contact minutes | 409 |
of instruction and one credit hour for each fifty to sixty contact | 410 |
minutes of instruction. | 411 |
(B) Programs meeting the general requirements of division (A) | 412 |
of this section may be developed and offered to dentists by any of | 413 |
the following agencies or organizations: | 414 |
(1) National, state, district, or local dental associations | 415 |
affiliated with the American dental association or national dental | 416 |
association; | 417 |
(2) Accredited dental colleges or schools; | 418 |
(3) Other organizations, schools, or agencies approved by the | 419 |
state dental board. | 420 |
(C) Each licensed dentist shall submit to the board at the | 421 |
time of biennial registration pursuant to section 4715.14 of the | 422 |
Revised Code a sworn affidavit, on a form acceptable to the state | 423 |
dental board, attesting that he has completed continuing education | 424 |
programs in compliance with this section and listing the date, | 425 |
location, sponsor, subject matter, and hours completed of the | 426 |
programs. | 427 |
A licensed dentist shall retain in his records for a period | 428 |
of at least three years such receipts, vouchers, or certificates | 429 |
as may be necessary to document completion of continuing education | 430 |
programs. With cause, the board may request such documentation | 431 |
from licensed dentists, and the board may request such | 432 |
documentation from licensed dentists selected at random without | 433 |
cause. | 434 |
(D) The board may excuse licensed dentists, as a group or as | 435 |
individuals, from all or any part of the requirements of this | 436 |
section because of an unusual circumstance, emergency, or special | 437 |
hardship. | 438 |
(E) | 439 |
440 | |
441 | |
fails to submit the affidavit required by division (C) of this | 442 |
section of both of the following: | 443 |
(1) That the board has not received the affidavit; | 444 |
(2) That unless the board receives the affidavit before the | 445 |
first day of June following the last day of December by which the | 446 |
dentist was required to submit the affidavit, the board may, on | 447 |
or after the relevant first day of June, initiate disciplinary | 448 |
action against the dentist pursuant to Chapter 119. of the Revised | 449 |
Code. | 450 |
Sec. 4715.24. (A) Each person who is licensed to practice as | 451 |
a dental hygienist in Ohio shall, on or before the first day of | 452 |
January of each even-numbered year, register with the state dental | 453 |
board. The registration shall be made on a form prescribed by the | 454 |
board and furnished by the secretary, shall include the licensee's | 455 |
name, address, license number, and such other reasonable | 456 |
information as the board may consider necessary, and shall include | 457 |
payment of a biennial registration fee of one hundred five | 458 |
dollars. This fee shall be paid to the treasurer of state. All | 459 |
such registrations shall be in effect for the two-year period | 460 |
beginning on the first day of January of each even-numbered year | 461 |
and ending on the last day of December of the following | 462 |
odd-numbered year, and shall be renewed in accordance with the | 463 |
standard renewal procedure of sections 4745.01 to 4745.03 of the | 464 |
Revised Code. | 465 |
466 | |
467 | |
468 |
(B) | 469 |
to renew a license in accordance with division (A) of this section | 470 |
of all of the following: | 471 |
(1) That the board has not received the registration form and | 472 |
fee described in that division; | 473 |
(2) That the license shall remain valid and in good standing | 474 |
until the first day of June following the last day of December of | 475 |
the odd-numbered year in which the dental hygienist was scheduled | 476 |
to renew if the dental hygienist remains in compliance with all | 477 |
other applicable provisions of this chapter and any rule adopted | 478 |
under it; | 479 |
(3) That the license may be renewed until the first day of | 480 |
June following the last day of December of the odd-numbered year | 481 |
in which the dental hygienist was scheduled to renew by the | 482 |
payment of the biennial registration fee and an additional fee of | 483 |
eighty-one dollars to cover the cost of late renewal; | 484 |
(4) That unless the board receives the registration form and | 485 |
fee before the first day of June following the last day of | 486 |
December of the odd-numbered year in which the dental hygienist | 487 |
was scheduled to renew, the board may, on or after the relevant | 488 |
first day of June, initiate disciplinary action against the dental | 489 |
hygienist pursuant to Chapter 119. of the Revised Code; | 490 |
(5) That a dental hygienist whose license has been suspended | 491 |
492 | |
division (B)(4) of this section may be reinstated by the payment | 493 |
of the
biennial registration fee and | 494 |
495 | |
costs of reinstatement. | 496 |
(C) The license of a dental hygienist shall be exhibited in a | 497 |
conspicuous place in the room in which the dental hygienist | 498 |
practices. Each dental hygienist licensed to practice, whether a | 499 |
resident or not, shall notify the secretary in writing of any | 500 |
change in the dental hygienist's office address or employment | 501 |
within ten days after the change takes place. | 502 |
Sec. 4715.25. (A) Every person licensed to practice as a | 503 |
dental hygienist and required to register with the state dental | 504 |
board shall certify to the board at the time of applying for a | 505 |
renewal of registration that in the two-year period preceding | 506 |
507 | |
registrant has completed a minimum of | 508 |
continuing dental hygiene education. Certification shall be made | 509 |
upon the application for registration prescribed by the board | 510 |
pursuant to section 4715.24 of the Revised Code. | 511 |
Continuing education programs may be developed and offered to | 512 |
dental hygienists by any of the following agencies or | 513 |
organizations: | 514 |
(1) National, state, district, or local dental hygienists' | 515 |
associations affiliated with the American dental hygienists' | 516 |
association; | 517 |
(2) National, state, district, or local dental associations | 518 |
affiliated with the American dental association or national dental | 519 |
association; | 520 |
(3) Accredited dental hygiene colleges or schools; | 521 |
(4) Accredited dental colleges or schools; | 522 |
(5) Other organizations, schools, paraprofessional programs, | 523 |
or agencies approved by the state dental board. | 524 |
(B) A licensed dental hygienist shall retain in | 525 |
dental hygienist's records for a period of at least three years | 526 |
such receipts, vouchers, or certificates as may be necessary to | 527 |
document completion of continuing education programs. With cause, | 528 |
the board may request such documentation from licensed dental | 529 |
hygienists, and the board may request such documentation from | 530 |
licensed dental hygienists at random without cause. | 531 |
(C) The board may excuse licensed dental hygienists, as a | 532 |
group or as individuals, from all or any part of the requirements | 533 |
of this section because of an unusual circumstance, emergency, or | 534 |
special hardship. | 535 |
(D) | 536 |
537 | |
538 | |
hygienist who fails to submit the certification required by | 539 |
division (A) of this section of both of the following: | 540 |
(1) That the board has not received the certification; | 541 |
(2) That unless the board receives the certification before | 542 |
the first day of June following the last day of December by which | 543 |
the dental hygienist was required to submit the certification, the | 544 |
board may, on or after the relevant first day of June, initiate | 545 |
disciplinary action against the dental hygienist pursuant to | 546 |
Chapter 119. of the Revised Code. | 547 |
Sec. 4715.30. (A) | 548 |
certificate or license issued under this chapter is subject to | 549 |
disciplinary action by the state dental board for any of the | 550 |
following reasons: | 551 |
(1) Employing or cooperating in fraud or material deception | 552 |
in applying for or obtaining a license or certificate; | 553 |
(2) Obtaining or attempting to obtain money or anything of | 554 |
value by intentional misrepresentation or material deception in | 555 |
the course of practice; | 556 |
(3) Advertising services in a false or misleading manner or | 557 |
violating the board's rules governing time, place, and manner of | 558 |
advertising; | 559 |
(4) Conviction of or plea of guilty to a | 560 |
561 | |
offense identified by the board in rules adopted under section | 562 |
4715.03 of the Revised Code as a criminal offense that is | 563 |
substantially related to the practice of dentistry, dental | 564 |
hygiene, or any other profession the board regulates; | 565 |
(5) Engaging in lewd or immoral conduct in connection with | 566 |
the provision of dental services; | 567 |
(6) Selling, prescribing, giving away, or administering drugs | 568 |
for other than legal and legitimate therapeutic purposes, or | 569 |
conviction of violating any law of this state or the federal | 570 |
government regulating the possession, distribution, or use of any | 571 |
drug; | 572 |
(7) Providing or allowing dental hygienists, expanded | 573 |
function dental auxiliaries, or other practitioners of auxiliary | 574 |
dental occupations working under the certificate or license | 575 |
holder's supervision, or a dentist holding a temporary limited | 576 |
continuing education license under division (C) of section 4715.16 | 577 |
of the Revised Code working under the certificate or license | 578 |
holder's direct supervision, to provide dental care that departs | 579 |
from or fails to conform to accepted standards for the profession, | 580 |
whether or not injury to a patient results; | 581 |
(8) Inability to practice under accepted standards of the | 582 |
profession because of physical or mental disability, dependence on | 583 |
alcohol or other drugs, or excessive use of alcohol or other | 584 |
drugs; | 585 |
(9) Violation of any provision of this chapter or any rule | 586 |
adopted thereunder; | 587 |
(10) Failure to use universal blood and body fluid | 588 |
precautions established by rules adopted under section 4715.03 of | 589 |
the Revised Code; | 590 |
(11) Waiving the payment of all or any part of a deductible | 591 |
or copayment that a patient, pursuant to a health insurance or | 592 |
health care policy, contract, or plan that covers dental services, | 593 |
would otherwise be required to pay if the waiver is used as an | 594 |
enticement to a patient or group of patients to receive health | 595 |
care services from that provider. | 596 |
(12) Advertising that the certificate or license holder will | 597 |
waive the payment of all or any part of a deductible or copayment | 598 |
that a patient, pursuant to a health insurance or health care | 599 |
policy, contract, or plan that covers dental services, would | 600 |
otherwise be required to pay. | 601 |
(B) A manager, proprietor, operator, or conductor of a dental | 602 |
facility shall be subject to disciplinary action if any dentist, | 603 |
dental hygienist, expanded function dental auxiliary, or qualified | 604 |
personnel providing services in the facility is found to have | 605 |
committed a violation listed in division (A) of this section and | 606 |
the manager, proprietor, operator, or conductor knew of the | 607 |
violation and permitted it to occur on a recurring basis. | 608 |
(C) Subject to Chapter 119. of the Revised Code, the board | 609 |
may take one or more of the following disciplinary actions if one | 610 |
or more of the grounds for discipline listed in divisions (A) and | 611 |
(B) of this section exist: | 612 |
(1) Censure the license or certificate holder; | 613 |
(2) Place the license or certificate on probationary status | 614 |
for such period of time the board determines necessary and require | 615 |
the holder to: | 616 |
(a) Report regularly to the board upon the matters which are | 617 |
the basis of probation; | 618 |
(b) Limit practice to those areas specified by the board; | 619 |
(c) Continue or renew professional education until a | 620 |
satisfactory degree of knowledge or clinical competency has been | 621 |
attained in specified areas. | 622 |
(3) Suspend the certificate or license; | 623 |
(4) Revoke the certificate or license. | 624 |
Where the board places a holder of a license or certificate | 625 |
on probationary status pursuant to division (C)(2) of this | 626 |
section, the board may subsequently suspend or revoke the license | 627 |
or certificate if it determines that the holder has not met the | 628 |
requirements of the probation or continues to engage in activities | 629 |
that constitute grounds for discipline pursuant to division (A) or | 630 |
(B) of this section. | 631 |
Any order suspending a license or certificate shall state the | 632 |
conditions under which the license or certificate will be | 633 |
restored, which may include a conditional restoration during which | 634 |
time the holder is in a probationary status pursuant to division | 635 |
(C)(2) of this section. The board shall restore the license or | 636 |
certificate unconditionally when such conditions are met. | 637 |
(D) If the physical or mental condition of an applicant or a | 638 |
license or certificate holder is at issue in a disciplinary | 639 |
proceeding, the board may order the license or certificate holder | 640 |
to submit to reasonable examinations by an individual designated | 641 |
or approved by the board and at the board's expense. The physical | 642 |
examination may be conducted by any individual authorized by the | 643 |
Revised Code to do so, including a physician assistant, a | 644 |
clinical nurse specialist, a certified nurse practitioner, or a | 645 |
certified nurse-midwife. Any written documentation of the physical | 646 |
examination shall be completed by the individual who conducted the | 647 |
examination. | 648 |
Failure to comply with an order for an examination shall be | 649 |
grounds for refusal of a license or certificate or summary | 650 |
suspension of a license or certificate under division (E) of this | 651 |
section. | 652 |
(E) If the board has reason to believe that | 653 |
certificate holder represents a clear and immediate danger to the | 654 |
public health and safety if the holder is allowed to continue to | 655 |
practice, or if the holder has failed to comply with an order | 656 |
under division (D) of this section, the board may apply to the | 657 |
court of common pleas of the county in which the holder resides | 658 |
for an order temporarily suspending the holder's license or | 659 |
certificate, without a prior hearing being afforded by the board, | 660 |
until the board conducts an adjudication hearing pursuant to | 661 |
Chapter 119. of the Revised Code. If the court temporarily | 662 |
suspends a holder's license or certificate, the board shall give | 663 |
written notice of the suspension personally or by certified mail | 664 |
to the license or certificate holder. Such notice shall include | 665 |
specific facts and reasons for finding a clear and immediate | 666 |
danger to the public health and safety and shall inform the | 667 |
license or certificate holder of the right to a hearing pursuant | 668 |
to Chapter 119. of the Revised Code. | 669 |
(F) Any holder of a certificate or license issued under this | 670 |
chapter who has pleaded guilty to, has been convicted of, or has | 671 |
had a judicial finding of eligibility for intervention in lieu of | 672 |
conviction entered against the holder in this state for aggravated | 673 |
murder, murder, voluntary manslaughter, felonious assault, | 674 |
kidnapping, rape, sexual battery, gross sexual imposition, | 675 |
aggravated arson, aggravated robbery, or aggravated burglary, or | 676 |
who has pleaded guilty to, has been convicted of, or has had a | 677 |
judicial finding of eligibility for treatment or intervention in | 678 |
lieu of conviction entered against the holder in another | 679 |
jurisdiction for any substantially equivalent criminal offense, is | 680 |
automatically suspended from practice under this chapter in this | 681 |
state and any certificate or license issued to the holder under | 682 |
this chapter is automatically suspended, as of the date of the | 683 |
guilty plea, conviction, or judicial finding, whether the | 684 |
proceedings are brought in this state or another jurisdiction. | 685 |
Continued practice by an individual after the suspension of the | 686 |
individual's certificate or license under this division shall be | 687 |
considered practicing without a certificate or license. The board | 688 |
shall notify the suspended individual of the suspension of the | 689 |
individual's certificate or license under this division by | 690 |
certified mail or in person in accordance with section 119.07 of | 691 |
the Revised Code. If an individual whose certificate or license is | 692 |
suspended under this division fails to make a timely request for | 693 |
an adjudicatory hearing, the board shall enter a final order | 694 |
revoking the individual's certificate or license. | 695 |
(G) Notwithstanding divisions (A)(11) and (12) of this | 696 |
section, sanctions shall not be imposed against any licensee who | 697 |
waives deductibles and copayments: | 698 |
(1) In compliance with the health benefit plan that expressly | 699 |
allows such a practice. Waiver of the deductibles or copayments | 700 |
shall be made only with the full knowledge and consent of the plan | 701 |
purchaser, payer, and third-party administrator. Such consent | 702 |
shall be made available to the board upon request. | 703 |
(2) For professional services rendered to any other person | 704 |
licensed pursuant to this chapter to the extent allowed by this | 705 |
chapter and the rules of the board. | 706 |
(H) Under no circumstances shall the board consider or raise | 707 |
during a hearing required by Chapter 119. of the Revised Code any | 708 |
action authorized under this section that the board took on a | 709 |
prior occasion with respect to a person if the charges in the | 710 |
subsequent action relate to events or circumstances that occurred | 711 |
in the same time period and are of the same nature as the charges | 712 |
in the prior action. | 713 |
Section 2. That existing sections 4715.03, 4715.031, | 714 |
4715.06, 4715.14, 4715.141, 4715.24, 4715.25, and 4715.30 of the | 715 |
Revised Code are hereby repealed. | 716 |
Section 3. (A) As used in this section, "registration | 717 |
period" means the two-year period during which a dental | 718 |
hygienist's registration is in effect under section 4715.24 of the | 719 |
Revised Code. | 720 |
(B) Notwithstanding the provisions of section 4715.25 of the | 721 |
Revised Code, as amended by this act, that increases from twelve | 722 |
to twenty-four the minimum number of hours of continuing | 723 |
education that a dental hygienist must certify to the State | 724 |
Dental Board when applying for a renewal of registration, a | 725 |
dental hygienist whose registration expires on December 31, | 726 |
2009, remains subject to the requirement to certify completion | 727 |
of a minimum of twelve hours of continuing education when | 728 |
applying for a renewal of registration for the 2010 to 2011 | 729 |
registration period. | 730 |
Section 4. The amendment by this act to division (A) of | 731 |
section 4715.03 of the Revised Code requiring that the secretary | 732 |
of the State Dental Board be a dentist shall not apply to the | 733 |
secretary serving on the Board on the effective date of this | 734 |
section. | 735 |