As Reported by the House Committee on Health

128th General Assembly
Regular Session
2009-2010
Sub. H. B. No. 215


Representatives Letson, Mecklenborg 

Cosponsors: Representatives Hagan, Luckie, Fende, Mallory, Gardner, Lehner, Garland, Boyd, Yuko, Snitchler, Huffman, Bacon, Winburn 



A BILL
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


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

       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 by13
the electionelecting from its members of a president and a,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 at17
such times and places as the board designates. A majority of the18
members of the board shall constitute a quorum. The board shall19
make such reasonable rules as it determines necessary pursuant to20
Chapter 119. of the Revised Code.21

       (B) A concurrence of a majority of the members of the board22
shall be required to grant,do any of the following: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 establishingin accordance 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

       The board shall adopt rules in accordance with Chapter 119.42
of the Revised Code establishing(2) Establish universal blood and 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

       (1)(a) Appropriate use of hand washing;49

       (2)(b) Disinfection and sterilization of equipment;50

       (3)(c) Handling and disposal of needles and other sharp51
instruments;52

       (4)(d) Wearing and disposal of gloves and other protective53
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 of64
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 any68
information such person may have appearing to show a violation of69
any provision of this chapter. In the absence of bad faith, any70
person who reports such information or who testifies before the71
board in any disciplinary proceeding conducted pursuant to Chapter72
119. of the Revised Code is not liable for civil damages as a73
result of making the report or providing testimony. If after74
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 reasonable77
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
The board shall not dismiss any complaint or terminate any 86
investigation except by a majority vote of its members. For87

       For the purpose of any disciplinary proceeding or any88
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 other93
tangible things. The hearings and investigations of the board94
shall be considered civil actions for the purposes of section 95
2305.252 of the Revised Code. Notwithstanding section 121.22 of96
the Revised Code and except as provided in section 4715.036 of the 97
Revised Code, proceedings of the board relative to the98
investigation of a complaint or the determination whether there99
are reasonable grounds to believe that a violation of this chapter100
has occurred are confidential and are not subject to discovery in101
any civil action.102

       (E)(1) The board shall examine or cause to be examined103
eligible applicants to practice dental hygiene. The board may104
distinguish by rule different classes of qualified personnel105
according to skill levels and require all or only certain of these106
classes of qualified personnel to be examined and certified by the107
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, the113
board shall adopt, and may amend or rescind, rules establishing114
the eligibility criteria, the application and permit renewal115
procedures, and safety standards applicable to a dentist licensed116
under this chapter who applies for a permit to employ or use117
conscious intravenous sedation. These rules shall include all of118
the following:119

       (1) The eligibility requirements and application procedures120
for an eligible dentist to obtain a conscious intravenous sedation121
permit;122

       (2) The minimum educational and clinical training standards123
required of applicants, which shall include satisfactory124
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 shallmay develop129
and implement a quality intervention program. The board may130
propose that the holder of a license issued by the board131
participate in the program if the board determines pursuant to an132
investigation conducted under section 4715.03 of the Revised Code133
that there are reasonable grounds to believe the license holder134
has violated a provision of this chapter due to a clinical or135
communication problem that could be improved through participation136
in the program and determines that the license holder's137
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

       The board shall selectIf the board develops and implements 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

       The board shall monitor(2) Monitor a license holder's 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 intervention172
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
receive reimbursementbe reimbursed for necessary expenses 317
incurred by the secretary in the discharge of the official duties 318
of the secretary and vice-secretary, respectively. All vouchers of 319
the board shall be approved by the board president or executive320
secretary, or both, as authorized by the board.321

       Sec. 4715.14.  (A) Each person who is licensed to practice322
dentistry in Ohio shall, on or before the first day of January of323
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 as327
the board may consider necessary, and shall include payment of a328
biennial registration fee of two hundred forty-five dollars. 329
Except as provided in division (D)(E) of this section, this fee 330
shall be paid to the treasurer of state. All such registrations331
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. The failure of a licensee 337
to renew the licensee's registration in accordance with this 338
section shall result in an automatic suspension of the licensee's 339
license to practice dentistry.340

       (B) Any dentist whose license has been suspended under this341
section may be reinstated by the payment of the biennial342
registration fee and in addition thereto eighty-one dollars to343
cover costs of the reinstatement; excepting that to anyA licensed344
dentist who desires to temporarily retire from practice, and who345
has given the board notice in writing to that effect, the board346
shall grantbe granted such a retirement, provided only that at 347
that time all previous registration fees and additional costs of348
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 or376
not, shall notify the secretary in writing of any change in the377
dentist's office address or employment within ten days after such378
change has taken place. On the first day of July of every379
even-numbered year, the secretary shall issue a printed roster of380
the names and addresses so registered.381

       (D)(E) Twenty dollars of each biennial registration fee shall 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 complete385
biennially not less than forty hours of continuing dental386
education, which may include, but is not limited to, attendance at 387
lectures, study clubs, college and postgraduate courses, or388
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 limited391
to, programs that address any of the following:392

       (1) CompentencyCompetency in treating patients who are393
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 infection399
control;400

       (5) Basic medical and scientific subjects including, but not 401
limited to, biology, physiology, pathology, biochemistry, and402
pharmacology;403

       (6) Clinical and technological subjects including, but not404
limited to, clinical techniques and procedures, materials, and405
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 the421
time of biennial registration pursuant to section 4715.14 of the422
Revised Code a sworn affidavit, on a form acceptable to the state423
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 period428
of at least three years such receipts, vouchers, or certificates429
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 this436
section because of an unusual circumstance, emergency, or special437
hardship.438

       (E) Failure to comply with the requirements of this section 439
constitutes a failure to renew registration pursuant to section 440
4715.14 of the Revised CodeThe board shall notify a dentist who 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 of452
January of each even-numbered year, register with the state dental453
board. The registration shall be made on a form prescribed by the454
board and furnished by the secretary, shall include the licensee's455
name, address, license number, and such other reasonable456
information as the board may consider necessary, and shall include457
payment of a biennial registration fee of one hundred five458
dollars. This fee shall be paid to the treasurer of state. All459
such registrations shall be in effect for the two-year period460
beginning on the first day of January of each even-numbered year461
and ending on the last day of December of the following462
odd-numbered year, and shall be renewed in accordance with the463
standard renewal procedure of sections 4745.01 to 4745.03 of the464
Revised Code. The failure of a licensee to renew registration in465
accordance with this section shall result in the automatic466
suspension of the licensee's license to practice as a dental467
hygienist.468

       (B) AnyThe board shall notify a dental hygienist who fails 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 suspended491
underas a result of disciplinary action initiated pursuant to 492
division (B)(4) of this section may be reinstated by the payment 493
of the biennial registration fee and in addition thereto 494
thirty-onean additional fee of two hundred dollars to cover the 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 hygienist498
practices. Each dental hygienist licensed to practice, whether a499
resident or not, shall notify the secretary in writing of any500
change in the dental hygienist's office address or employment501
within ten days after the change takes place.502

       Sec. 4715.25.  (A) Every person licensed to practice as a503
dental hygienist and required to register with the state dental504
board shall certify to the board at the time of applying for a505
renewal of registration that in the two-year period preceding two 506
yearsthe registration period for which the renewal is sought the507
registrant has completed a minimum of twelvetwenty-four hours 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 or513
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 histhe 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 dental529
hygienists, and the board may request such documentation from530
licensed dental hygienists at random without cause.531

       (C) The board may excuse licensed dental hygienists, as a532
group or as individuals, from all or any part of the requirements533
of this section because of an unusual circumstance, emergency, or534
special hardship.535

       (D) Failure to comply with the requirements of this section 536
constitutes a failure to renew registration pursuant to section 537
4715.24 of the Revised CodeThe board shall notify a dental 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) TheAn applicant for or holder of 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 misdemeanor 560
committed in the course of practice or of any felonycriminal 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 thea license or 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