As Passed by the House

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 463

Representative Johnson 

Cosponsors: Representatives Duffey, Roegner, Scherer, Milkovich, Blessing, Schuring, Bishoff, Young, Hackett, Stinziano, Smith, Stebelton, Rosenberger, Adams, R., Grossman, Celebrezze, Sears, Barnes, Hill, Amstutz, Perales, Terhar, Thompson, Retherford, Lundy, Barborak, Wachtmann, Sprague, Antonio, Baker, Beck, Boose, Brown, Buchy, Budish, Burkley, Butler, Cera, DeVitis, Dovilla, Driehaus, Green, Hagan, C., Hall, Hayes, Landis, Letson, Mallory, McClain, O'Brien, Patterson, Rogers, Romanchuk, Ruhl, Sheehy, Slaby, Strahorn, Sykes, Winburn Speaker Batchelder 

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A BILL

To amend sections 3333.61, 4715.031, 4715.037,

1

4715.10, 4715.13, 4715.22, 4715.23, 4715.24,

2

4715.363, 4715.366, 4715.371, 4715.373, 4715.39,

3

4715.56, 4715.64, and 4715.66 and to enact

4

sections 3702.96, 3702.961, 3702.962, 3702.963,

5

3702.964, 3702.965, 3702.966, 3702.967, 3702.968,

6

3702.969, and 4715.421 of the Revised Code to make

7

changes to the laws governing dental

8

professionals.

9

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

Section 1. That sections 3333.61, 4715.031, 4715.037,	10
4715.10, 4715.13, 4715.22, 4715.23, 4715.24, 4715.363, 4715.366,	11
4715.371, 4715.373, 4715.39, 4715.56, 4715.64, and 4715.66 be	12
amended and sections 3702.96, 3702.961, 3702.962, 3702.963,	13
3702.964, 3702.965, 3702.966, 3702.967, 3702.968, 3702.969, and	14
4715.421 of the Revised Code be enacted to read as follows:	15

Sec. 3333.61.  The chancellor of the Ohio board of regents	16
shall establish and administer the Ohio innovation partnership,	17
which shall consist of the choose Ohio first scholarship program	18
and the Ohio research scholars program. Under the programs, the	19
chancellor, subject to approval by the controlling board, shall	20
make awards to state universities or colleges for programs and	21
initiatives that recruit students and scientists in the fields of	22
science, technology, engineering, mathematics, and medicine, and	23
dentistry to state universities or colleges, in order to enhance	24
regional educational and economic strengths and meet the needs of	25
the state's regional economies. Awards may be granted for programs	26
and initiatives to be implemented by a state university or college	27
alone or in collaboration with other state institutions of higher	28
education, nonpublic Ohio universities and colleges, or other	29
public or private Ohio entities. If the chancellor makes an award	30
to a program or initiative that is intended to be implemented by a	31
state university or college in collaboration with other state	32
institutions of higher education or nonpublic Ohio universities or	33
colleges, the chancellor may provide that some portion of the	34
award be received directly by the collaborating universities or	35
colleges consistent with all terms of the Ohio innovation	36
partnership.	37

The choose Ohio first scholarship program shall assign a	38
number of scholarships to state universities and colleges to	39
recruit Ohio residents as undergraduate, or as provided in section	40
3333.66 of the Revised Code graduate, students in the fields of	41
science, technology, engineering, mathematics, and medicine, and	42
dentistry, or in science, technology, engineering, mathematics, or	43
medical, or dental education. Choose Ohio first scholarships shall	44
be awarded to each participating eligible student as a grant to	45
the state university or college the student is attending and shall	46
be reflected on the student's tuition bill. Choose Ohio first	47
scholarships are student-centered grants from the state to	48
students to use to attend a university or college and are not	49
grants from the state to universities or colleges.	50

Notwithstanding any other provision of this section or	51
sections 3333.62 to 3333.69 of the Revised Code, a nonpublic	52
four-year Ohio institution of higher education may submit a	53
proposal for choose Ohio first scholarships or Ohio research	54
scholars grants. If the chancellor awards a nonpublic institution	55
scholarships or grants, the nonpublic institution shall comply	56
with all requirements of this section, sections 3333.62 to 3333.69	57
of the Revised Code, and the rules adopted under this section that	58
apply to state universities or colleges awarded choose Ohio first	59
scholarships or Ohio research scholars grants.	60

The Ohio research scholars program shall award grants to use	61
in recruiting scientists to the faculties of state universities or	62
colleges.	63

The chancellor shall adopt rules in accordance with Chapter	64
119. of the Revised Code to administer the programs.	65

Sec. 3702.96.  There is hereby created the dental hygienist	66
loan repayment program, which shall be administered by the	67
department of health in cooperation with the dental hygienist loan	68
repayment advisory board. The program shall provide loan repayment	69
on behalf of individuals who agree to provide dental hygiene	70
services in areas designated as dental health resource shortage	71
areas by the director of health pursuant to section 3702.87 of the	72
Revised Code.	73

Under the program, the department, by means of a contract	74
entered into under section 3702.965 of the Revised Code, may agree	75
to repay all or part of the principal and interest of a government	76
or other educational loan taken by an individual for the following	77
expenses incurred while the individual was enrolled in an	78
accredited dental hygiene school that meets the standards	79
described in section 4715.21 of the Revised Code:	80

(A) Tuition;

81

(B) Other educational expenses, such as fees, books, and	82
laboratory expenses that are for purposes and in amounts	83
determined reasonable by the director;	84

(C) Room and board, in an amount determined reasonable by the	85
director.	86

Sec. 3702.961.  The director of health, in accordance with	87
Chapter 119. of the Revised Code, shall adopt rules as necessary	88
to implement and administer sections 3702.96 to 3702.969 of the	89
Revised Code. In preparing rules, the director shall consult with	90
the dental hygienist loan repayment advisory board.	91

Sec. 3702.962.  The director of health, by rule, shall	92
establish priorities among dental health resource shortage areas	93
for use in recruiting dental hygienists to sites within particular	94
areas under the dental hygienist loan repayment program. In	95
establishing priorities, the director shall consider the ratio of	96
dental hygienists to the population in the dental health resource	97
shortage area, the distance to dental hygienists outside the area,	98
dental health status indicators of the target population in the	99
area, presence of dental health care provider sites in the area	100
with vacancies for dental hygienists, availability of an eligible	101
candidate interested in being recruited to a particular site	102
within an area, and the distribution of dental health care	103
provider sites in urban and rural regions. The director shall give	104
greatest priority to dental health resource shortage areas having	105
a high ratio of population to dental hygienists.	106

The director, by rule, shall establish priorities for use in	107
determining eligibility among applicants for participation in the	108
dental hygienist loan repayment program. The priorities may	109
include consideration of an applicant's background and career	110
goals, the length of time the applicant is willing to provide	111
dental hygiene services in a dental health care resource shortage	112
area, and the amount of the educational expenses for which	113
reimbursement is being sought through the program.	114

Sec. 3702.963.  (A) An individual who will not have an	115
outstanding obligation for dental hygiene service to the federal	116
government, a state, or other entity at the time of participation	117
in the dental hygienist loan repayment program and meets either of	118
the following requirements may apply for participation in the	119
dental hygienist loan repayment program:	120

(1) The applicant is a dental hygiene student enrolled in the	121
final year of dental hygiene school.	122

(2) The applicant holds a valid license to practice dental	123
hygiene issued under Chapter 4715. of the Revised Code.	124

(B) An application for participation in the dental hygienist	125
loan repayment program shall be submitted to the director of	126
health on a form the director shall prescribe. The following	127
information shall be included or supplied:	128

(1) The applicant's name, permanent address or address at	129
which the applicant is currently residing if different from the	130
permanent address, and telephone number;	131

(2) The dental hygiene school the applicant attended or is	132
attending, dates of attendance, and verification of attendance;	133

(3) A summary and verification of the educational expenses	134
for which the applicant seeks reimbursement under the program;	135

(4) If the applicant is a licensed dental hygienist,	136
verification of the applicant's license issued under Chapter 4715.	137
of the Revised Code to practice dental hygiene and proof of good	138
standing;	139

(5) Verification of the applicant's United States citizenship	140
or status as a legal alien.	141

Sec. 3702.964.  If funds are available in the dental	142
hygienist loan repayment fund created under section 3702.969 of	143
the Revised Code and the general assembly has appropriated the	144
funds for the program, the director of health shall approve an	145
applicant for participation in the program on finding in	146
accordance with the priorities established under section 3702.962	147
of the Revised Code that the applicant is eligible for	148
participation and is needed in a dental health resource shortage	149
area.	150

On approving an application, the director shall notify and	151
enter into discussions with the applicant. The object of the	152
discussions is to facilitate recruitment of the applicant to a	153
site within a dental health resource shortage area where,	154
according to the priorities established under section 3702.962 of	155
the Revised Code, the applicant is needed.	156

If the director and applicant agree on the applicant's	157
placement at a particular site within a dental health resource	158
shortage area, the applicant shall sign and deliver to the	159
director a letter of intent agreeing to that placement.	160

Sec. 3702.965.  (A) An individual who has signed a letter of	161
intent under section 3702.964 of the Revised Code may enter into a	162
contract with the director of health for participation in the	163
dental hygienist loan repayment program. The dental hygienist's	164
employer or other funding source may also be a party to the	165
contract.	166

(B) The contract shall include all of the following	167
obligations:	168

(1) The individual agrees to provide dental hygiene services	169
in the dental health resource shortage area identified in the	170
letter of intent for at least two years.	171

(2) When providing dental hygiene services in the dental	172
hygiene health resource shortage area, the individual agrees to do	173
all of the following:	174

(a) Provide dental hygiene services for a minimum of forty	175
hours per week;	176

(b) Provide dental hygiene services without regard to a	177
patient's ability to pay;	178

(c) Meet the requirements for a medicaid provider agreement	179
and enter into the agreement with the department of medicaid to	180
provide dental hygiene services to medicaid recipients.	181

(3) The department of health agrees, as provided in section	182
3702.96 of the Revised Code, to repay, so long as the individual	183
performs the service obligation agreed to under division (B)(1) of	184
this section, all or part of the principal and interest of a	185
government or other educational loan taken by the individual for	186
expenses described in section 3702.96 of the Revised Code.	187

(4) The individual agrees to pay the department of health an	188
amount established by rules adopted under section 3702.961 of the	189
Revised Code, if the individual fails to complete the service	190
obligation agreed to under division (B)(1) of this section.	191

(C) The contract may include any other terms agreed upon by	192
the parties.	193

(D) Not later than the thirty-first day of January of each	194
year, the department of health shall mail to each individual to	195
whom or on whose behalf repayment is made under the dental	196
hygienist loan repayment program a statement showing the amount of	197
principal and interest repaid by the department pursuant to the	198
contract in the preceding year. The statement shall be sent by	199
ordinary mail with address correction and forwarding requested in	200
the manner prescribed by the United States postal service.	201

Sec. 3702.966. There is hereby created the dental hygienist	202
loan repayment advisory board. The board shall consist of the	203
following members:	204

(A) As ex officio members, the members of the dentist loan	205
repayment advisory board appointed under divisions (A) to (D) of	206
section 3702.92 of the Revised Code;	207

(B) Four representatives of the dental hygiene profession,	208
appointed by the governor from persons nominated by the Ohio	209
dental hygienists' association.	210

Terms of office of the members appointed under division (B)	211
of this section shall be two years. Each member shall hold office	212
from the date of appointment until the end of the term for which	213
the member was appointed. No person shall be appointed to the	214
board for more than two consecutive terms.	215

Vacancies shall be filled in the manner prescribed for the	216
original appointment. A member appointed to fill a vacancy	217
occurring prior to the expiration of the term for which the	218
member's predecessor was appointed shall hold office for the	219
remainder of that term. A member shall continue in office	220
subsequent to the expiration of the member's term until a	221
successor takes office or until sixty days have elapsed, whichever	222
occurs first.	223

The governor may remove a member for whom the governor was	224
the appointing authority, for misfeasance, malfeasance, or willful	225
neglect of duty.	226

The board shall designate a member to serve as chairperson of	227
the board.	228

The board shall meet at least once annually. The chairperson	229
shall call special meetings as needed or upon the request of four	230
members.	231

Six members of the board constitute a quorum to transact and	232
vote on all business coming before the board.	233

Members of the board shall serve without compensation.

234

The department of health shall provide the board with staff	235
assistance as requested by the board.	236

Sec. 3702.967. The dental hygienist loan repayment advisory	237
board shall determine the amounts that will be paid as loan	238
repayments on behalf of participants in the dental hygienist loan	239
repayment program. In the first and second years, no repayment	240
shall exceed twenty-five thousand dollars in each year. In the	241
third and fourth years, no repayment shall exceed thirty-five	242
thousand dollars in each year. If, however, a repayment results in	243
an increase in the participant's federal, state, or local income	244
tax liability, the department of health, at the participant's	245
request and with the approval of the director of health, may	246
reimburse the participant for the increased tax liability,	247
regardless of the amount of the repayment in that year.	248

Sec. 3702.968.  The dental hygienist loan repayment advisory	249
board, annually on or before the first day of March, shall submit	250
a report to the governor and general assembly describing the	251
operations of the dental hygienist loan repayment program during	252
the previous calendar year. The report shall include information	253
about all of the following:	254

(A) The number of requests received by the director of health	255
that a particular area be designated as a dental health resource	256
shortage area;	257

(B) The areas that have been designated as dental health	258
resource shortage areas and the priorities that have been assigned	259
to them;	260

(C) The number of applicants for participation in the dental	261
hygienist loan repayment program;	262

(D) The number of dental hygienists assigned to dental health	263
resource shortage areas and the payments made on behalf of those	264
dental hygienists under the dental hygienist loan repayment	265
program;	266

(E) The dental health resource shortage areas that have not	267
been matched with all of the dental hygienists they need;	268

(F) The number of dental hygienists failing to complete their	269
service obligations, the amount of damages owed, and the amount of	270
damages collected.	271

Sec. 3702.969.  The director of health may accept gifts of	272
money from any source for the implementation and administration of	273
sections 3702.96 to 3702.967 of the Revised Code.	274

The director shall pay all gifts accepted under this section	275
into the state treasury, to the credit of the dental hygiene	276
resource shortage area fund, which is hereby created, and all	277
damages collected under division (B)(4) of section 3702.965 of the	278
Revised Code, into the state treasury, to the credit of the dental	279
hygienist loan repayment fund, which is hereby created.	280

The director shall use the dental hygiene resource shortage	281
area and dental hygienist loan repayment funds for the	282
implementation and administration of sections 3702.96 to 3702.969	283
of the Revised Code.	284

Sec. 4715.031.  (A) The state dental board may develop and	285
implement a quality intervention program. The board may propose	286
that the holder of a license issued by the board participate in	287
the program if the board determines pursuant to an investigation	288
conducted under section 4715.03 of the Revised Code that there are	289
reasonable grounds to believe the license holder has violated a	290
provision of this chapter due to a clinical or communication	291
problem that could be improved through participation in the	292
program and determines that the license holder's participation in	293
the program is appropriate. The board shall refer a license holder	294
who agrees to participate in the program to an educational and	295
assessment service provider selected by the board.	296

(B) If the board develops and implements a quality	297
intervention program, all of the following apply:	298

(1) The board shall select, by a concurrence of a majority of	299
the board's members, educational and assessment service providers,	300
which may include quality intervention program panels of case	301
reviewers. A provider selected by the board to provide services to	302
a license holder shall recommend to the board the educational and	303
assessment services the license holder should receive under the	304
program. The license holder may begin participation in the program	305
if the board approves the services the provider recommends. The	306
license holder shall not be required to participate in the program	307
beyond one hundred eighty days from the date the license holder	308
agrees to participate in the program under this division. The	309
license holder shall pay the amounts charged by the provider for	310
the services.	311

(2) The board shall monitor a license holder's progress in	312
the program and determine whether the license holder has	313
successfully completed the program. If the board determines that	314
the license holder has successfully completed the program, it may	315
continue to monitor the license holder, take other action it	316
considers appropriate, or both. The additional monitoring, other	317
action taken by the board, or both, shall not continue beyond one	318
year from the date the license holder agrees to participate in the	319
program under this division. If the board determines that the	320
license holder has not successfully completed the program, it	321
shall, as soon as possible thereafter, commence disciplinary	322
proceedings against the license holder under section 4715.03 of	323
the Revised Code.	324

(3) The board shall elect, from the board's members who are	325
dentists, a coordinator to administer and provide oversight of the	326
quality intervention program. The coordinator may delegate to the	327
board's members or employees those duties that the coordinator	328
considers appropriate.	329

(C) The board may adopt rules in accordance with Chapter 119.	330
of the Revised Code to further implement the quality intervention	331
program.	332

Sec. 4715.037.  (A) Notwithstanding the permissive nature of	333
hearing referee or examiner appointments under section 119.09 of	334
the Revised Code, the state dental board shall appoint, by a	335
concurrence of a majority of its members, three referees or	336
examiners to conduct the hearings the board is required to hold	337
pursuant to sections 119.01 to 119.13 of the Revised Code.	338
Referees or examiners appointed under this section shall be	339
attorneys who have been admitted to the practice of law in this	340
state. In making the appointments, the board shall not appoint an	341
attorney who is a board employee or represents the board in any	342
other manner.	343

(B)(1) Referees or examiners appointed under this section	344
shall serve not more than the following number of consecutive	345
one-year terms:	346

(a) In the case of the first initial appointee, threesix;

347

(b) In the case of the second initial appointee, fourseven;

348

(c) In the case of the third initial appointee and all	349
successor appointees, fiveeight.	350

(2) The board may not refuse to reappoint a referee or	351
examiner before the referee or examiner has served the maximum	352
number of terms applicable to the referee or examiner unless the	353
referee or examiner does not seek to serve the maximum number of	354
terms or the board, by a concurrence of a majority of its members,	355
determines there is cause not to reappoint the referee or	356
examiner.	357

(C) The board shall assign one referee or examiner appointed	358
under this section to conduct each hearing. Assignments shall be	359
made in the order the board receives requests for hearings without	360
regard to the experience or background of a particular referee or	361
examiner or the consideration of any factor other than whether the	362
referee or examiner is available at the appropriate time.	363

Sec. 4715.10. (A) As used in this section, "accredited dental	364
college" means a dental college accredited by the commission on	365
dental accreditation or a dental college that has educational	366
standards recognized by the commission on dental accreditation and	367
is approved by the state dental board.	368

(B) Each person who desires to practice dentistry in this	369
state shall file a written application for a license with the	370
secretary of the state dental board. The application shall be on a	371
form prescribed by the board and verified by oath. Each applicant	372
shall furnish satisfactory proof to the board that the applicant	373
has met the requirements of divisions (C) and (D) of this section,	374
and if the applicant is a graduate of an unaccredited dental	375
college located outside the United States, division (E) of this	376
section.	377

(C) To be granted a license to practice dentistry, an	378
applicant must meet all of the following requirements:	379

(1) Be at least eighteen years of age;

380

(2) Be of good moral character;

381

(3) Be a graduate of an accredited dental college or of a	382
dental college located outside the United States who meets the	383
standards adopted under section 4715.11 of the Revised Code;	384

(4) Have passed parts I and II of the examination given by	385
the national board of dental examiners;	386

(5) Have passed a written jurisprudence examination	387
administered by the state dental board under division (E)(2) of	388
section 4715.03 of the Revised Code;	389

(6) Pay the fee required by division (A)(1) of section	390
4715.13 of the Revised Code.	391

(D) To be granted a license to practice dentistry, an	392
applicant must meet any one of the following requirements:	393

(1) Have taken an examination administered by any of the	394
following regional testing agencies and received on each component	395
of the examination a passing score as specified in division (A) of	396
section 4715.11 of the Revised Code: the central regional dental	397
testing service, inc., northeast regional board of dental	398
examiners, inc., the southern regional dental testing agency,	399
inc., or the western regional examining board;	400

(2) Have taken an examination administered by the state	401
dental board and received a passing score as established by the	402
board;	403

(3) Possess a license in good standing from another state and	404
have actively engaged in the legal and reputable practice of	405
dentistry in another state or in the armed forces of the United	406
States, the United States public health service, or the United	407
States department of veterans' affairs for five years immediately	408
preceding application;	409

(4) Have completed a dental residency program accredited or	410
approved by the commission on dental accreditation and	411
administered by an accredited dental college or hospital.	412

(E) To be granted a license to practice dentistry, a graduate	413
of an unaccredited dental college located outside the United	414
States must meet both of the following requirements:	415

(1) Have taken a basic science and laboratory examination	416
consistent with rules adopted under section 4715.11 of the Revised	417
Code and received a passing score as established by the board;	418

(2) Have had sufficient clinical training in an accredited	419
institution to reasonably assure a level of competency equal to	420
that of graduates of accredited dental colleges, as determined by	421
the board.	422

Sec. 4715.13. (A) Applicants for licenses to practice	423
dentistry or for a general anesthesia permit or a conscious	424
intravenous sedation permit shall pay to the secretary of the	425
state dental board the following fees:	426

(1) For license to practice dentistry, two hundred ten	427
dollars if issued in an odd-numbered year or three hundred	428
thirty-sevenfifty-seven dollars if issued in an even-numbered	429
year;	430

(2) For duplicate license, to be granted upon proof of loss	431
of the original, twenty dollars;	432

(3) For a general anesthesia permit, one hundred twenty-seven	433
dollars;	434

(4) For a conscious intravenous sedation permit, one hundred	435
twenty-seven dollars.	436

(B) TwentyForty dollars of each fee collected under division	437
(A)(1) of this section for a license issued in an even-numbered	438
year and tentwenty dollars of each fee collected under division	439
(A)(1) of this section in an odd-numbered year shall be paid to	440
the dentist loan repayment fund established under section 3702.95	441
of the Revised Code.	442

(C) In the case of a person who applies for a license to	443
practice dentistry by taking an examination administered by the	444
state dental board, both of the following apply:	445

(1) The fee in division (A)(1) of this section may be	446
refunded to an applicant who is unavoidably prevented from	447
attending the examination, or the applicant may be examined at the	448
next regular or special meeting of the board without an additional	449
fee.	450

(2) An applicant who fails the first examination may be	451
re-examined at the next regular or special meeting of the board	452
without an additional fee.	453

Sec. 4715.22.  (A)(1) This section applies only when a	454
licensed dental hygienist is not practicing under a permit issued	455
pursuant to section 4715.363 of the Revised Code authorizing	456
practice under the oral health access supervision of a dentist.	457

(2) As used in this section, "health care facility" means	458
either of the following:	459

(a) A hospital registered under section 3701.07 of the	460
Revised Code;	461

(b) A "home" as defined in section 3721.01 of the Revised	462
Code.	463

(B) A licensed dental hygienist shall practice under the	464
supervision, order, control, and full responsibility of a dentist	465
licensed under this chapter. A dental hygienist may practice in a	466
dental office, public or private school, health care facility,	467
dispensary, or public institution. Except as provided in division	468
divisions (C) or (D)to (E) of this section, a dental hygienist	469
may not provide dental hygiene services to a patient when the	470
supervising dentist is not physically present at the location	471
where the dental hygienist is practicing.	472

(C) A dental hygienist may provide, for not more than fifteen	473
consecutive business days, dental hygiene services to a patient	474
when the supervising dentist is not physically present at the	475
location at whichwhere the services are provided if all of the	476
following requirements are met:	477

(1) The dental hygienist has at least two yearsone year and	478
a minimum of threeone thousand five hundred hours of experience	479
in the practice of dental hygiene.	480

(2) The dental hygienist has successfully completed a course	481
approved by the state dental board in the identification and	482
prevention of potential medical emergencies.	483

(3) The dental hygienist complies with written protocols for	484
emergencies the supervising dentist establishes for emergencies.	485

(4) The dental hygienist does not perform, while the	486
supervising dentist is absent from the location, procedures while	487
the patient is anesthetized, definitive root planing, definitive	488
subgingival curettage, or other procedures identified in rules the	489
state dental board adopts.	490

(5) The supervising dentist has evaluated the dental	491
hygienist's skills.	492

(6) The supervising dentist examined the patient not more	493
than seven monthsone year prior to the date the dental hygienist	494
provides the dental hygiene services to the patient.	495

(7) The dental hygienist complies with written protocols or	496
written standing orders that the supervising dentist establishes.	497

(8) The supervising dentist completed and evaluated a medical	498
and dental history of the patient not more than one year prior to	499
the date the dental hygienist provides dental hygiene services to	500
the patient and, except when the dental hygiene services are	501
provided in a health care facility, the supervising dentist	502
determines that the patient is in a medically stable condition.	503

(9) If the dental hygiene services are provided in a health	504
care facility, a doctor of medicine and surgery or osteopathic	505
medicine and surgery who holds a current certificate issued under	506
Chapter 4731. of the Revised Code or a registered nurse licensed	507
under Chapter 4723. of the Revised Code is present in the health	508
care facility when the services are provided.	509

(10) In advance of the appointment for dental hygiene	510
services, the patient is notified that the supervising dentist	511
will be absent from the location and that the dental hygienist	512
cannot diagnose the patient's dental health care status.	513

(11) The dental hygienist is employed by, or under contract	514
with, one of the following:	515

(a) The supervising dentist;

516

(b) A dentist licensed under this chapter who is one of the	517
following:	518

(i) The employer of the supervising dentist;

519

(ii) A shareholder in a professional association formed under	520
Chapter 1785. of the Revised Code of which the supervising dentist	521
is a shareholder;	522

(iii) A member or manager of a limited liability company	523
formed under Chapter 1705. of the Revised Code of which the	524
supervising dentist is a member or manager;	525

(iv) A shareholder in a corporation formed under division (B)	526
of section 1701.03 of the Revised Code of which the supervising	527
dentist is a shareholder;	528

(v) A partner or employee of a partnership or a limited	529
liability partnership formed under Chapter 1775. or 1776. of the	530
Revised Code of which the supervising dentist is a partner or	531
employee.	532

(c) A government entity that employs the dental hygienist to	533
provide dental hygiene services in a public school or in	534
connection with other programs the government entity administers.	535

(D) A dental hygienist may provide dental hygiene services to	536
a patient when the supervising dentist is not physically present	537
at the location at whichwhere the services are provided if the	538
services are provided as part of a dental hygiene program that is	539
approved by the state dental board and all of the following	540
requirements are met:	541

(1) The program is operated through a school district board	542
of education or the governing board of an educational service	543
center; the board of health of a city or general health district	544
or the authority having the duties of a board of health under	545
section 3709.05 of the Revised Code; a national, state, district,	546
or local dental association; or any other public or private entity	547
recognized by the state dental board.	548

(2) The supervising dentist is employed by or a volunteer	549
for, and the patients are referred by, the entity through which	550
the program is operated.	551

(3)(a) Except as provided in division (D)(3)(b) of this	552
section, the services are performed after examination and	553
diagnosis by the dentist and in accordance with the dentist's	554
written treatment plan.	555

(b) The requirement in division (D)(3)(a) of this section	556
does not apply when the only service to be provided by the dental	557
hygienist is the placement of pit and fissure sealants.	558

(E) A dental hygienist may apply fluoride varnish and discuss	559
proper nutrition for the purpose of maintaining good oral health	560
when the supervising dentist is not physically present at the	561
location where the services are provided if the dental hygienist	562
is employed by, or under contract with, the supervising dentist or	563
another person or government entity specified in division	564
(C)(11)(b) or (c) of this section.	565

(F) No person shall do either of the following:

566

(1) Practice dental hygiene in a manner that is separate or	567
otherwise independent from the dental practice of a supervising	568
dentist;	569

(2) Establish or maintain an office or practice that is	570
primarily devoted to the provision of dental hygiene services.	571

(F)(G) The state dental board shall adopt rules under	572
division (C) of section 4715.03 of the Revised Code identifying	573
procedures a dental hygienist may not perform when practicing in	574
the absence of the supervising dentist pursuant to division (C) or	575
(D) of this section. The board shall not identify the	576
re-cementation of temporary crowns or the re-cementation of crowns	577
with temporary cement as such procedures.	578

Sec. 4715.23.  The practice of a dental hygienist shall	579
consist of those prophylactic, preventive, and other procedures	580
that licensed dentists are authorized by this chapter and rules of	581
the dental board to assign only to licensed dental hygienists or	582
to qualified personnel under section 4715.39 of the Revised Code.	583

Licensed dentists may assign to dental hygienists intraoral	584
tasks that do not require the professional competence or skill of	585
the licensed dentist and that are authorized by board rule. Such	586
performance of intraoral tasks by dental hygienists shall be under	587
supervision and full responsibility of the licensed dentist, and	588
at no time shall more than threefour dental hygienists be	589
practicing clinical hygiene under the supervision of the same	590
dentist. The foregoing shall not be construed as authorizing the	591
assignment of diagnosis, treatment planning and prescription	592
(including prescriptions for drugs and medicaments or	593
authorizations for restorative, prosthodontic, or orthodontic	594
appliances); or, except when done in conjunction with the removal	595
of calcarious deposits, dental cement, or accretions on the crowns	596
and roots of teeth, surgical procedures on hard and soft tissues	597
within the oral cavity or any other intraoral procedure that	598
contributes to or results in an irremediable alteration of the	599
oral anatomy; or the making of final impressions from which casts	600
are made to construct any dental restoration.	601

The state dental board shall issue rules defining the	602
procedures that may be performed by licensed dental hygienists	603
engaged in school health activities or employed by public	604
agencies.	605

Sec. 4715.24.  (A) Each person who is licensed to practice as	606
a dental hygienist in Ohio shall, on or before the first day of	607
January of each even-numbered year, register with the state dental	608
board, unless the person is temporarily retired pursuant to	609
section 4715.241 of the Revised Code. The registration shall be	610
made on a form prescribed by the board and furnished by the	611
secretary, shall include the licensee's name, address, license	612
number, and such other reasonable information as the board may	613
consider necessary, and shall include payment of a biennial	614
registration fee of one hundred fivefifteen dollars. This fee	615
shall be paid to the treasurer of state. All such registrations	616
shall be in effect for the two-year period beginning on the first	617
day of January of each even-numbered year and ending on the last	618
day of December of the following odd-numbered year, and shall be	619
renewed in accordance with the standard renewal procedure of	620
sections 4745.01 to 4745.03 of the Revised Code. The failure of a	621
licensee to renew registration in accordance with this section	622
shall result in the automatic suspension of the licensee's license	623
to practice as a dental hygienist, unless the licensee is	624
temporarily retired pursuant to section 4715.241 of the Revised	625
Code.	626

(B) Any dental hygienist whose license has been automatically	627
suspended under this section may be reinstated on application to	628
the board on a form prescribed by the board for licensure	629
reinstatement and payment of the biennial registration fee and in	630
addition thereto thirty-one dollars to cover the costs of	631
reinstatement.	632

(C) The license of a dental hygienist shall be exhibited in a	633
conspicuous place in the room in which the dental hygienist	634
practices. Each dental hygienist licensed to practice, whether a	635
resident or not, shall notify the secretary in writing or	636
electronically of any change in the dental hygienist's office	637
address or employment within ten days after the change takes	638
place.	639

(D) Ten dollars of each biennial registration fee collected	640
under division (A) or (B) of this section shall be paid to the	641
dental hygienist loan repayment fund established under section	642
3702.969 of the Revised Code.	643

Sec. 4715.363. (A) A dental hygienist who desires to	644
participate in the oral health access supervision program shall	645
apply to the state dental board for a permit to practice under the	646
oral health access supervision of a dentist. The application shall	647
be under oath, on a form prescribed by the board in rules adopted	648
under section 4715.372 of the Revised Code, and accompanied by an	649
application fee of twenty dollars, which may be paid by personal	650
check or credit card.	651

(B) The applicant shall provide evidence satisfactory to the	652
board that the applicant has done all of the following:	653

(1) Completed at least two yearsone year and attained a	654
minimum of threeone thousand five hundred hours of experience in	655
the practice of dental hygiene;	656

(2) Completed at least twenty-four hours of continuing dental	657
hygiene education during the two years prior to submission of the	658
application;	659

(3) Completed a course pertaining to the practice of dental	660
hygiene under the oral health access supervision of a dentist that	661
meets standards established in rules adopted under section	662
4715.372 of the Revised Code;	663

(4) Completed, during the two years prior to submission of	664
the application, a course pertaining to the identification and	665
prevention of potential medical emergencies that is the same as	666
the course described in division (C)(2) of section 4715.22 of the	667
Revised Code.	668

(C) The state dental board shall issue a permit to practice	669
under the oral health access supervision of a dentist to a dental	670
hygienist who is in good standing with the board and meets all of	671
the requirements of divisions (A) and (B) of this section.	672

Sec. 4715.366. (A) A dental hygienist providing dental	673
hygiene services under a permit issued under section 4715.363 of	674
the Revised Code to practice under the oral health access	675
supervision of a dentist shall do both of the following:	676

(1) Comply with written protocols established by the	677
authorizing dentist who authorizes the dental hygienist's	678
provision of services and standing orders established by the	679
authorizing dentist, including protocols and standing orders	680
regarding emergencies and, for the purpose of section 4715.365 of	681
the Revised Code, protocols regarding what constitutes a medically	682
significant change to a patient's medical or dental history;	683

(2) Immediately following the completion of the dental	684
hygiene services and subject to division (B) of this section,	685
direct the patient to the authorizinga dentist for a clinical	686
evaluation and schedule or cause to be scheduled an appointment	687
for the patient with the authorizinga dentist.	688

(B) For purposes of division (A)(2) of this section, the	689
dental hygienist shall make every attempt to schedule the	690
patient's appointment with the authorizing dentist not later than	691
ninety dayssix months after the completion of the dental hygiene	692
services. The dental hygienist shall provide the patient with a	693
written notice of the appointment that includes, at a minimum, the	694
authorizing dentist's name, address, and telephone number; the	695
date and time of the appointment; and a statement of the dental	696
hygiene services performed by the hygienist. The notice shall be	697
given to the patient or the patient's representative and one copy	698
shall be given to the authorizing dentist.	699

Sec. 4715.371. The state dental board shall develop and	700
publish on its internet web site a directory containing the names	701
and contact information, including electronic mail addresses, of	702
dentists and dental hygienists who hold current, valid permits	703
issued under sections 4715.362 and 4715.363 of the Revised Code.	704

Sec. 4715.373. Nothing in sections 4715.36 to 4715.372 of the	705
Revised Code authorizes any activity prohibited by this chapter or	706
prohibited by a rule adopted under this chapter by the state	707
dental board, including the activities prohibited by division	708
(E)(F) of section 4715.22 of the Revised Code and the activities	709
prohibited or not authorized by section 4715.23 of the Revised	710
Code.	711

Sec. 4715.39.  (A) The state dental board may define the	712
duties that may be performed by dental assistants and other	713
individuals designated by the board as qualified personnel. If	714
defined, the duties shall be defined in rules adopted in	715
accordance with Chapter 119. of the Revised Code. The rules may	716
include training and practice standards for dental assistants and	717
other qualified personnel. The standards may include examination	718
and issuance of a certificate. If the board issues a certificate,	719
the recipient shall display the certificate in a conspicuous	720
location in any office in which the recipient is employed to	721
perform the duties authorized by the certificate.	722

(B) A dental assistant may polish the clinical crowns of	723
teeth if all of the following requirements are met:	724

(1) The dental assistant's polishing activities are limited	725
to the use of a rubber cup attached to a slow-speed rotary dental	726
hand piece to remove soft deposits that build up over time on the	727
crowns of teeth.	728

(2) The polishing is performed only after a dentist has	729
evaluated the patient and any calculus detected on the teeth to be	730
polished has been removed by a dentist or dental hygienist.	731

(3) The dentist supervising the assistant supervises not more	732
than two dental assistants engaging in polishing activities at any	733
given time.	734

(4) The dental assistant is certified by the dental assisting	735
national board or the Ohio commission on dental assistant	736
certification.	737

(5) The dental assistant receives a certificate from the	738
board authorizing the assistant to engage in the polishing	739
activities. The board shall issue the certificate if the	740
individual has successfully completed training in the polishing of	741
clinical crowns through a program accredited by the American	742
dental association commission on dental accreditation or	743
equivalent training approved by the board. The training shall	744
include courses in basic dental anatomy and infection control,	745
followed by a course in coronal polishing that includes didactic,	746
preclinical, and clinical training; any other training required by	747
the board; and a skills assessment that includes successful	748
completion of standardized testing. The board shall adopt rules	749
pursuant to division (A) of this section establishing standards	750
for approval of this training.	751

(C) A dental assistant may apply pit and fissure sealants if	752
all of the following requirements are met:	753

(1) A dentist evaluates the patient and designates the teeth	754
and surfaces that will benefit from the application of sealant on	755
the day the application is to be performed.	756

(2) The dental assistant is certified by the dental assisting	757
national board or the Ohio commission on dental assistant	758
certification.	759

(3) The dental assistant has successfully completed a course	760
in the application of sealants consisting of at least two hours of	761
didactic instruction and six hours of clinical instruction through	762
a program provided by an institution accredited by the American	763
dental association commission on dental accreditation or a program	764
provided by a sponsor of continuing education approved by the	765
board.	766

(4) The dentist supervising the assistant has observed the	767
assistant successfully apply at least six sealants.	768

(5) TheExcept as provided in division (D) or (E) of this	769
section, the dentist supervising the assistant checks and approves	770
the application of all sealants placed by the assistant before the	771
patient leaves the location where the sealant application	772
procedure is performed.	773

(D)(1) A dental assistant who is certified by the dental	774
assisting national board or the Ohio commission on dental	775
assistant certification may provide, for not more than fifteen	776
consecutive business days, all of the following services to a	777
patient when the supervising dentist is not physically present at	778
the location where the services are provided if the conditions	779
specified in division (D)(2) of this section have been satisfied:	780

(a) The re-cementation of temporary crowns or the	781
re-cementation of crowns with temporary cement;	782

(b) The application of fluoride varnish;

783

(c) The application of disclosing solutions;

784

(d) Carries susceptibility testing;

785

(e) Instruction on of oral hygiene practices, including the	786
use of toothbrushes and dental floss;	787

(f) The discussion of proper nutrition for the purpose of	788
maintaining good oral health.	789

(2) The conditions that must be satisfied before a dental	790
assistant may provide the services specified in division (D)(1) of	791
this section are all of the following:	792

(a) The dental assistant has at least two years and a minimum	793
of three thousand hours of experience practicing as a dental	794
assistant.	795

(b) The dental assistant has successfully completed a course	796
approved by the state dental board in the identification and	797
prevention of potential medical emergencies.	798

(c) The supervising dentist has evaluated the dental	799
assistant's skills.	800

(d) The supervising dentist examined the patient not more	801
than one year prior to the date that the dental assistant provides	802
the services to the patient.	803

(e) The supervising dentist has established written protocols	804
or written standing orders for the dental assistant to follow	805
during and in the absence of an emergency.	806

(f) The supervising dentist completed and evaluated a medical	807
and dental history of the patient not more than one year prior to	808
the date that the dental assistant provides services to the	809
patient and, except when the services are provided in a health	810
care facility, the supervising dentist determines that the patient	811
is in a medically stable condition.	812

(g) If the services are provided in a health care facility, a	813
doctor of medicine and surgery or osteopathic medicine and surgery	814
who holds a current certificate issued under Chapter 4731. of the	815
Revised Code or a registered nurse licensed under Chapter 4723. of	816
the Revised Code is present in the health care facility when the	817
services are provided.	818

(h) The patient is notified, in advance of the appointment	819
for services, that the supervising dentist will be absent from the	820
location and that the dental assistant cannot diagnose the	821
patient's dental health care status.	822

(i) The dental assistant is employed by, or under contract	823
with, the supervising dentist, a dentist licensed under this	824
chapter who meets one of the criteria specified in division	825
(C)(11)(b) of section 4715.22 of the Revised Code, or a government	826
entity that employs the dental assistant to provide services in a	827
public school or in connection with other programs the government	828
entity administers.	829

(3) A dental assistant who is certified by the dental	830
assisting national board or the Ohio commission on dental	831
assistant certification may apply, for not more than fifteen	832
business days, pit and fissure sealants when the supervising	833
dentist is not physically present at the location where the	834
sealants are to be applied if the dental assistant meets the	835
requirements in divisions (C)(3) and (4) of this section and all	836
of the conditions specified in division (D)(2) of this section	837
have been satisfied.	838

(E) A dental assistant who is certified by the dental	839
assisting national board or the Ohio commission on dental	840
assistant certification may apply pit and fissure sealants prior	841
to a dentist examining the patient and rendering a diagnosis, and	842
when a dentist is not physically present at the location where the	843
service is provided, if all of the following are the case:	844

(1) The dental assistant meets the requirements in divisions	845
(C)(3) and (4) of this section.	846

(2) All of the conditions specified in division (D)(2) of	847
this section have been satisfied.	848

(3) The dental assistant is providing the service as part of	849
a program operated through any of the following: a school district	850
board of education or the governing board of an educational	851
service center; the board of health of a city or general health	852
district or the authority having the duties of a board of health	853
under section 3709.05 of the Revised Code; a national, state,	854
district, or local dental association; or any other public or	855
private entity recognized by the state dental board.	856

(4) A supervising dentist for the program described in	857
division (E)(3) of this section meets both of the following	858
conditions:	859

(a) Is employed by or a volunteer for, and the patients are	860
referred by, the entity through which the program is operated;	861

(b) Is available for consultation by telephone,	862
videoconferencing, or other means of electronic communication.	863

(5) The application of pit and fissure sealants is limited to	864
erupted permanent posterior teeth without suspicion of cavitation.	865

(6) If the patient is a minor, a parent, guardian, or other	866
person responsible for the patient has been notified that a	867
dentist will not be present at the location and that the dental	868
assistant is not trained to diagnose or treat other serious dental	869
concerns that could exist.	870

(F) Subject to this section and the applicable rules of the	871
board, licensed dentists may assign to dental assistants and other	872
qualified personnel dental procedures that do not require the	873
professional competence or skill of the licensed dentist, a dental	874
hygienist, or an expanded function dental auxiliary as this	875
section or the board by rule authorizes dental assistants and	876
other qualified personnel to perform. TheExcept as provided in	877
division (D) or (E) of this section, the performance of dental	878
procedures by dental assistants and other qualified personnel	879
shall be under direct supervision and full responsibility of the	880
licensed dentist.	881

(E)(G) Nothing in this section shall be construed by rule of	882
the state dental board or otherwise to do the following:	883

(1) Authorize dental assistants or other qualified personnel	884
to engage in the practice of dental hygiene as defined by sections	885
4715.22 and 4715.23 of the Revised Code or to perform the duties	886
of a dental hygienist, including the removal of calcarious	887
deposits, dental cement, or accretions on the crowns and roots of	888
teeth other than as authorized pursuant to this section;	889

(2) Authorize dental assistants or other qualified personnel	890
to engage in the practice of an expanded function dental auxiliary	891
as specified in section 4715.64 of the Revised Code or to perform	892
the duties of an expanded function dental auxiliary other than as	893
authorized pursuant to this section.	894

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

895

(a) Diagnosis;

896

(b) Treatment planning and prescription, including	897
prescription for drugs and medicaments or authorization for	898
restorative, prosthodontic, or orthodontic appliances;	899

(c) Surgical procedures on hard or soft tissue of the oral	900
cavity, or any other intraoral procedure that contributes to or	901
results in an irremediable alteration of the oral anatomy;	902

(d) The making of final impressions from which casts are made	903
to construct any dental restoration.	904

(F)(H) No dentist shall assign any dental assistant or other	905
individual acting in the capacity of qualified personnel to	906
perform any dental procedure that the assistant or other	907
individual is not authorized by this section or by board rule to	908
perform. No dental assistant or other individual acting in the	909
capacity of qualified personnel shall perform any dental procedure	910
other than in accordance with this section and any applicable	911
board rule or any dental procedure that the assistant or other	912
individual is not authorized by this section or by board rule to	913
perform.	914

Sec. 4715.421. (A) As used in this section:

915

(1) "Accredited dental college" has the same meaning as in	916
section 4715.10 of the Revised Code.	917

(2) "Accredited dental hygiene school" has the same meaning	918
as in section 4715.36 of the Revised Code.	919

(3) "Operation" has the same meaning as in section 2305.234	920
of the Revised Code.	921

(B) Within thirty days after receiving an application for a	922
temporary volunteer's certificate that includes all of the items	923
listed in divisions (C)(1) and (2) of this section, the state	924
dental board shall issue, without examination, a temporary	925
volunteer's certificate to a person not licensed under this	926
chapter so that the person may provide dental services in this	927
state as a volunteer.	928

(C) An application for a temporary volunteer's certificate	929
shall include both of the following:	930

(1) A copy of the applicant's degree from an accredited	931
dental college or accredited dental hygiene school;	932

(2) One of the following, as applicable:

933

(a) Evidence satisfactory to the board that the applicant	934
holds a valid, unrestricted license to practice dentistry or	935
dental hygiene issued by a jurisdiction in the United States that	936
licenses persons to practice dentistry or dental hygiene;	937

(b) Evidence satisfactory to the board that the applicant is	938
practicing dentistry or dental hygiene in one or more branches of	939
the United States armed services.	940

(D) The holder of a temporary volunteer's certificate shall	941
not accept any form of remuneration for providing dental services	942
pursuant to the certificate. Except in a dental emergency, the	943
holder shall not perform any operation. The board may revoke a	944
temporary volunteer's certificate on receiving proof satisfactory	945
to the board that the holder has engaged in practice in this state	946
outside the scope of the holder's certificate or that there are	947
grounds for action against the person under section 4715.30 of the	948
Revised Code.	949

(E)(1) A temporary volunteer's certificate shall be valid for	950
a period of seven days, and may be renewed upon the application of	951
the holder, unless the certificate was previously revoked under	952
division (D) of this section. The board shall maintain a register	953
of all persons who hold a temporary volunteer's certificate. The	954
board may charge a fee not to exceed twenty-five dollars for	955
issuing or renewing a certificate pursuant to this section.	956

(2) The board shall issue to each person who qualifies under	957
this section for a temporary volunteer's certificate a wallet	958
certificate that states that the certificate holder is authorized	959
to provide dental services pursuant to the laws of this state. The	960
holder shall keep the wallet certificate on the holder's person	961
while providing dental services.	962

(3) The holder of a temporary volunteer's certificate issued	963
pursuant to this section is subject to the immunity provisions in	964
section 2305.234 of the Revised Code.	965

(F) The board shall adopt rules in accordance with Chapter	966
119. of the Revised Code to administer and enforce this section.	967

(G) Not later than ninety days after the effective date of	968
this section, the state dental board shall make available through	969
the board's internet web site the application form for a temporary	970
volunteer's certificate under this section, a description of the	971
application process, and a list of all items that are required by	972
division (C) of this section to be submitted with the application.	973

Sec. 4715.56. A(A) Except as provided in division (B) of	974
this section, a dental x-ray machine operator may perform	975
radiologic procedures only if a dentist is providing direct	976
supervision. Direct supervision does not require the dentist to	977
observe each radiologic procedure performed by the operator, but	978
does require that hethe dentist be present at the location where	979
the operator is performing radiologic procedures for purposes of	980
consulting with and directing the operator while performing the	981
procedures.	982

(B) A dental x-ray machine operator may perform radiologic	983
procedures for a patient when the supervising dentist is not	984
physically present at the location where the radiologic procedures	985
are performed if the supervising dentist examined the patient not	986
more than one year prior to the date the dental x-ray machine	987
operator performs the radiologic procedures.	988

Sec. 4715.64. (A) TheSubject to divisions (B), (C), and (D)	989
of this section, the practice of an expanded function dental	990
auxiliary shall consist of the following:	991

(1) The procedures involved in the placement of restorative	992
materials limited to amalgam restorative materials and	993
non-metallicnonmetallic restorative materials, including	994
direct-bonded restorative materials;	995

(2) The procedures involved in the placement ofapplication	996
of pit and fissure sealants;	997

(3) The re-cementation of temporary crowns or the	998
re-cementation of crowns with temporary cement;	999

(4) The application of topical fluoride;

1000

(5) The application of fluoride varnish;

1001

(6) The application of disclosing solutions;

1002

(7) The application of desensitizing agents;

1003

(8) Carries susceptibility testing;

1004

(9) Instruction on oral hygiene practices, including the use	1005
of toothbrushes and dental floss;	1006

(10) The discussion of proper nutrition for the purpose of	1007
maintaining good oral health;	1008

(11) Any additional procedures authorized by the state dental	1009
board in rules adopted under section 4715.66 of the Revised Code.	1010

(B) An expanded function dental auxiliary shall practice	1011
perform the services specified in divisions (A)(1) and (11) of	1012
this section only under the direct supervision, order, control,	1013
and full responsibility of a dentist licensed under this chapter.	1014
At no time shall more than two expanded function dental	1015
auxiliaries be practicing as expanded function dental auxiliaries	1016
under the direct supervision of the same dentist. AnExcept as	1017
provided in divisions (C) and (D) of this section, an expanded	1018
function dental auxiliary shall not practice as an expanded	1019
function dental auxiliary when the supervising dentist is not	1020
physically present at the location where the expanded function	1021
dental auxiliary is practicing.	1022

(C) An expanded function dental auxiliary may perform, for	1023
not more than fifteen consecutive business days, the services	1024
specified in divisions (A)(2) to (10) of this section when the	1025
supervising dentist is not physically present at the location	1026
where the expanded function dental auxiliary is practicing if all	1027
of the following conditions have been satisfied:	1028

(1) The expanded function dental auxiliary has at least two	1029
years and a minimum of three thousand hours of experience	1030
practicing as an expanded function dental auxiliary.	1031

(2) The expanded function dental auxiliary has successfully	1032
completed a course approved by the board in the identification and	1033
prevention of potential medical emergencies.	1034

(3) The supervising dentist has evaluated the expanded	1035
function dental auxiliary's skills.	1036

(4) The supervising dentist examined the patient not more	1037
than one year prior to the date that the expanded function dental	1038
auxiliary provides services to the patient.	1039

(5) The supervising dentist has established written protocols	1040
or written standing orders for the expanded function dental	1041
auxiliary to follow during and in the absence of an emergency.	1042

(6) The supervising dentist completed and evaluated a medical	1043
and dental history of the patient not more than one year prior to	1044
the date that the expanded function dental auxiliary provides	1045
services to the patient and, except when the services are provided	1046
in a health care facility, the supervising dentist determines that	1047
the patient is in a medically stable condition.	1048

(7) In advance of the appointment for services, the patient	1049
is notified that the supervising dentist will be absent from the	1050
location and that the expanded function dental auxiliary cannot	1051
diagnose the patient's dental health care status.	1052

(8) The expanded function dental auxiliary is employed by, or	1053
under contract with, the supervising dentist, a dentist licensed	1054
under this chapter who meets one of the criteria specified in	1055
division (C)(11)(b) of section 4715.22 of the Revised Code, or a	1056
government entity that employs the expanded function dental	1057
auxiliary to provide services in a public school or in connection	1058
with other programs the government entity administers.	1059

(D) An expanded function dental auxiliary may apply pit and	1060
fissure sealants prior to a dentist examining the patient and	1061
rendering a diagnosis, and when a dentist is not physically	1062
present at the location where the service is provided, if all of	1063
the following are the case:	1064

(1) All of the conditions specified in division (C) of this	1065
section have been satisfied.	1066

(2) The expanded function dental auxiliary is providing the	1067
service as part of a program operated through any of the	1068
following: a school district board of education or the governing	1069
board of an educational service center; the board of health of a	1070
city or general health district or the authority having the duties	1071
of a board of health under section 3709.05 of the Revised Code; a	1072
national, state, district, or local dental association; or any	1073
other public or private entity recognized by the state dental	1074
board.	1075

(3) A supervising dentist for the program described in	1076
division (D)(2) of this section meets both of the following	1077
conditions:	1078

(a) Is employed by or a volunteer for, and the patients are	1079
referred by, the entity through which the program is operated;	1080

(b) Is available for consultation by telephone,	1081
videoconferencing, or other means of electronic communication.	1082

(4) The application of pit and fissure sealants is limited to	1083
erupted permanent posterior teeth without suspicion of cavitation.	1084

(5) If the patient is a minor, a parent, guardian, or other	1085
person responsible for the patient has been notified that a	1086
dentist will not be present at the location and that the expanded	1087
function dental auxiliary is not trained to diagnose or treat	1088
other serious dental concerns that could exist.	1089

(E) Nothing in this section shall be construed by rule of the	1090
board or otherwise to authorize an expanded function dental	1091
auxiliary to engage in the practice of dental hygiene as defined	1092
by sections 4715.22 and 4715.23 of the Revised Code.	1093

Sec. 4715.66. (A) The state dental board shall adopt rules as	1094
the board considers necessary to implement and administer sections	1095
4715.61 to 4715.64 of the Revised Code. The rules shall be adopted	1096
in accordance with Chapter 119. of the Revised Code.	1097

(B) In adopting rules under this section, all of the	1098
following apply:	1099

(1) The board shall adopt rules specifying the education or	1100
training necessary for an individual to register as an expanded	1101
function dental auxiliary under this chapter.	1102

(2) The board shall adopt rules specifying the standards that	1103
must be met for an examination to be accepted by the board as an	1104
examination of competency to practice as an expanded function	1105
dental auxiliary. In specifying the standards, the board shall	1106
provide that an examination will be accepted only if the entity	1107
that administered the examination required an individual to be one	1108
of the following as a condition of admission to the examination:	1109

(a) An unlicensed dentist who has graduated from an	1110
accredited dental college, as specified in section 4715.10 of the	1111
Revised Code, and does not have a dental license under suspension	1112
or revocation by the board;	1113

(b) A dental student who is enrolled in an accredited dental	1114
college, as specified in section 4715.10 of the Revised Code, and	1115
is considered by the dean of the college to be in good standing as	1116
a dental student;	1117

(c) A graduate of a dental college located outside of the	1118
United States;	1119

(d) A dental assistant who is certified by the dental	1120
assisting national board or the Ohio commission on dental	1121
assistant certification;	1122

(e) A dental hygienist licensed under this chapter whose	1123
license is in good standing;	1124

(f) An unlicensed dental hygienist who has graduated from an	1125
accredited dental hygiene school, as specified in section 4715.21	1126
of the Revised Code, and does not have a dental hygienist license	1127
under suspension or revocation by the board.	1128

(3) The board may adopt rules specifying procedures an	1129
expanded function dental auxiliary may perform that are in	1130
addition to the procedures specified in divisions (A)(1) and (2)	1131
to (10) of section 4715.64 of the Revised Code.	1132

Section 2.  That existing sections 3333.61, 4715.031,	1133
4715.037, 4715.10, 4715.13, 4715.22, 4715.23, 4715.24, 4715.363,	1134
4715.366, 4715.371, 4715.373, 4715.39, 4715.56, 4715.64, and	1135
4715.66 of the Revised Code are hereby repealed.	1136

Section 3. (A) There is hereby created the Medicaid Payment	1137
Rates for Dental Services Workgroup. The Workgroup shall consist	1138
of all of the following:	1139

(1) The Medicaid Director or the Director's designee;

1140

(2) The Director of Health or the Director's designee;

1141

(3) Two members of the Senate, one from the majority party	1142
and the other from the minority party, appointed by the President	1143
of the Senate;	1144

(4) Two members of the House of Representatives, one from the	1145
majority party and the other from the minority party, appointed by	1146
the Speaker of the House of Representatives;	1147

(5) Four dentists who have valid Medicaid provider agreements	1148
and practice in different geographic areas of the state, appointed	1149
by the executive director of the Ohio Dental Association.	1150

(B) Appointments to the Workgroup shall be made not later	1151
than thirty days after the effective date of this section. Except	1152
to the extent that serving on the Workgroup is part of a member's	1153
regular employment duties, a member of the Workgroup shall not be	1154
paid for the member's service on the Workgroup. Members of the	1155
Workgroup shall not be reimbursed for their expenses incurred in	1156
serving on the Workgroup.	1157

(C) The Medicaid Director or Director's designee shall serve	1158
as the Workgroup's chairperson. The Workgroup shall meet at the	1159
call of the chairperson.	1160

(D) The Department of Medicaid shall provide staff and other	1161
support services for the Workgroup.	1162

(E) The Workgroup shall study the issue of Medicaid payment	1163
rates for dental services. Not later than December 31, 2014, the	1164
Workgroup shall submit a report of its study to the Governor and,	1165
in accordance with section 101.68 of the Revised Code, the General	1166
Assembly. The report shall include recommendations regarding	1167
Medicaid payment rates for dental services. The Workgroup shall	1168
cease to exist on submission of its report.	1169

Section 4. Not later than July 1, 2015, the Development	1170
Services Agency shall enter into a contract with JobsOhio. This	1171
contract shall specify that JobsOhio shall use $250,000 in the	1172
fiscal year ending June 30, 2016, to provide no-interest loans for	1173
the purchase of dental equipment to be used for the treatment of	1174
underserved populations in dental health resource shortage areas	1175
designated by the Director of Health under section 3702.87 of the	1176
Revised Code. The Development Services Agency shall coordinate	1177
duties with JobsOhio through this contract.	1178

Section 5. The amendment by this act to division (B)(1) of	1179
section 4715.037 of the Revised Code establishing new limits on	1180
the number of consecutive terms that a referee or examiner may	1181
serve shall apply to a referee or examiner serving in such	1182
capacity on the effective date of this section.	1183