As Passed by the Senate

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 

Senators Gardner, Balderson, Beagle, Brown, Eklund, Hughes, Jones, LaRose, Lehner, Obhof, Oelslager, Patton, Peterson, Schaffer, Tavares, Uecker 

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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, and

6

4715.421 of the Revised Code to make changes to

7

the laws governing dental professionals.

8

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

Section 1. That sections 3333.61, 4715.031, 4715.037,	9
4715.10, 4715.13, 4715.22, 4715.23, 4715.24, 4715.363, 4715.366,	10
4715.371, 4715.373, 4715.39, 4715.56, 4715.64, and 4715.66 be	11
amended and sections 3702.96, 3702.961, 3702.962, 3702.963,	12
3702.964, 3702.965, 3702.966, 3702.967, and 4715.421 of the	13
Revised Code be enacted to read as follows:	14

Sec. 3333.61.  The chancellor of the Ohio board of regents	15
shall establish and administer the Ohio innovation partnership,	16
which shall consist of the choose Ohio first scholarship program	17
and the Ohio research scholars program. Under the programs, the	18
chancellor, subject to approval by the controlling board, shall	19
make awards to state universities or colleges for programs and	20
initiatives that recruit students and scientists in the fields of	21
science, technology, engineering, mathematics, and medicine, and	22
dentistry to state universities or colleges, in order to enhance	23
regional educational and economic strengths and meet the needs of	24
the state's regional economies. Awards may be granted for programs	25
and initiatives to be implemented by a state university or college	26
alone or in collaboration with other state institutions of higher	27
education, nonpublic Ohio universities and colleges, or other	28
public or private Ohio entities. If the chancellor makes an award	29
to a program or initiative that is intended to be implemented by a	30
state university or college in collaboration with other state	31
institutions of higher education or nonpublic Ohio universities or	32
colleges, the chancellor may provide that some portion of the	33
award be received directly by the collaborating universities or	34
colleges consistent with all terms of the Ohio innovation	35
partnership.	36

The choose Ohio first scholarship program shall assign a	37
number of scholarships to state universities and colleges to	38
recruit Ohio residents as undergraduate, or as provided in section	39
3333.66 of the Revised Code graduate, students in the fields of	40
science, technology, engineering, mathematics, and medicine, and	41
dentistry, or in science, technology, engineering, mathematics, or	42
medical, or dental education. Choose Ohio first scholarships shall	43
be awarded to each participating eligible student as a grant to	44
the state university or college the student is attending and shall	45
be reflected on the student's tuition bill. Choose Ohio first	46
scholarships are student-centered grants from the state to	47
students to use to attend a university or college and are not	48
grants from the state to universities or colleges.	49

Notwithstanding any other provision of this section or	50
sections 3333.62 to 3333.69 of the Revised Code, a nonpublic	51
four-year Ohio institution of higher education may submit a	52
proposal for choose Ohio first scholarships or Ohio research	53
scholars grants. If the chancellor awards a nonpublic institution	54
scholarships or grants, the nonpublic institution shall comply	55
with all requirements of this section, sections 3333.62 to 3333.69	56
of the Revised Code, and the rules adopted under this section that	57
apply to state universities or colleges awarded choose Ohio first	58
scholarships or Ohio research scholars grants.	59

The Ohio research scholars program shall award grants to use	60
in recruiting scientists to the faculties of state universities or	61
colleges.	62

The chancellor shall adopt rules in accordance with Chapter	63
119. of the Revised Code to administer the programs.	64

Sec. 3702.96.  There is hereby created the dental hygienist	65
loan repayment program, which shall be administered by the	66
department of health in cooperation with the dentist loan	67
repayment advisory board. The program shall provide loan repayment	68
on behalf of individuals who agree to provide dental hygiene	69
services in areas designated as dental health resource shortage	70
areas by the director of health pursuant to section 3702.87 of the	71
Revised Code.	72

Under the program, the department, by means of a contract	73
entered into under section 3702.965 of the Revised Code, may agree	74
to repay all or part of the principal and interest of a government	75
or other educational loan taken by an individual for the following	76
expenses incurred while the individual was enrolled in an	77
accredited dental hygiene school that meets the standards	78
described in section 4715.21 of the Revised Code:	79

(A) Tuition;

80

(B) Other educational expenses, such as fees, books, and	81
laboratory expenses that are for purposes and in amounts	82
determined reasonable by the director;	83

(C) Room and board, in an amount determined reasonable by the	84
director.	85

Sec. 3702.961.  The director of health, in accordance with	86
Chapter 119. of the Revised Code, shall adopt rules as necessary	87
to implement and administer sections 3702.96 to 3702.967 of the	88
Revised Code. In preparing rules, the director shall consult with	89
the dentist loan repayment advisory board.	90

Sec. 3702.962.  The director of health, by rule, shall	91
establish priorities among dental health resource shortage areas	92
for use in recruiting dental hygienists to sites within particular	93
areas under the dental hygienist loan repayment program. In	94
establishing priorities, the director shall consider dental health	95
status indicators of the target population in the area, the	96
presence of dental health care provider sites in the area with	97
vacancies for dental hygienists, availability of an eligible	98
candidate interested in being recruited to a particular site	99
within an area, and the distribution of dental health care	100
provider sites in urban and rural regions.	101

The director, by rule, shall establish priorities for use in	102
determining eligibility among applicants for participation in the	103
dental hygienist loan repayment program. The priorities may	104
include consideration of an applicant's background and career	105
goals, the length of time the applicant is willing to provide	106
dental hygiene services in a dental health care resource shortage	107
area, and the amount of the educational expenses for which	108
reimbursement is being sought through the program.	109

Sec. 3702.963.  (A) An individual who will not have an	110
outstanding obligation for dental hygiene service to the federal	111
government, a state, or other entity at the time of participation	112
in the dental hygienist loan repayment program and meets either of	113
the following requirements may apply for participation in the	114
dental hygienist loan repayment program:	115

(1) The applicant is a dental hygiene student enrolled in the	116
final year of dental hygiene school.	117

(2) The applicant holds a valid license to practice dental	118
hygiene issued under Chapter 4715. of the Revised Code.	119

(B) An application for participation in the dental hygienist	120
loan repayment program shall be submitted to the director of	121
health on a form the director shall prescribe. The following	122
information shall be included or supplied:	123

(1) The applicant's name, permanent address or address at	124
which the applicant is currently residing if different from the	125
permanent address, and telephone number;	126

(2) The dental hygiene school the applicant attended or is	127
attending, dates of attendance, and verification of attendance;	128

(3) A summary and verification of the educational expenses	129
for which the applicant seeks reimbursement under the program;	130

(4) If the applicant is a licensed dental hygienist,	131
verification of the applicant's license issued under Chapter 4715.	132
of the Revised Code to practice dental hygiene and proof of good	133
standing;	134

(5) Verification of the applicant's United States citizenship	135
or status as a legal alien.	136

Sec. 3702.964.  If funds are available in the dental	137
hygienist loan repayment fund created under section 3702.967 of	138
the Revised Code and the general assembly has appropriated the	139
funds for the program, the director of health shall approve an	140
applicant for participation in the program on determining in	141
accordance with the priorities established under section 3702.962	142
of the Revised Code that the applicant is eligible for	143
participation and is needed in a dental health resource shortage	144
area. When making a determination required by this section, the	145
director shall consult with the Ohio dental hygienists'	146
association.	147

Sec. 3702.965.  (A) As used in this section:

148

(1) "Full-time practice" and "part-time practice" have the	149
same meanings as in section 3702.71 of the Revised Code;	150

(2) "Teaching activities" means supervising dental hygiene	151
students at the service site specified in the contract described	152
in division (B) of this section.	153

(B) An individual who has been approved for participation	154
under section 3702.964 of the Revised Code may enter into a	155
contract with the director of health for participation in the	156
dental hygienist loan repayment program. The dental hygienist's	157
employer or other funding source may also be a party to the	158
contract.	159

(C) The contract shall include all of the following	160
obligations:	161

(1) The individual agrees to provide dental hygiene services	162
in the dental health resource shortage area for the number of	163
hours and duration specified in the contract.	164

(2) The department of health agrees, as provided in section	165
3702.96 of the Revised Code, to repay, so long as the individual	166
performs the service obligation agreed to under division (C)(1) of	167
this section, all or part of the principal and interest of a	168
government or other educational loan taken by the individual for	169
expenses described in section 3702.96 of the Revised Code.	170

(3) The individual agrees to pay the department of health an	171
amount established by rules adopted under section 3702.961 of the	172
Revised Code, if the individual fails to complete the service	173
obligation agreed to under division (C)(1) of this section.	174

(D) The contract shall include the following terms as agreed	175
upon by the parties:	176

(1) The particular site within a dental health resource	177
shortage area where the dental hygiene services are to be	178
performed;	179

(2) The individual's required length of service in the dental	180
health resource shortage area, which must be at least two years;	181

(3) The number of weekly hours the individual will be engaged	182
in full-time practice or part-time practice;	183

(4) The maximum amount that the department will repay on	184
behalf of the individual;	185

(5) The extent to which the individual's teaching activities	186
will be counted toward the individual's full-time practice or	187
part-time practice hours under the contract.	188

(E) Before agreeing to the amount specified in division	189
(D)(4) of this section, the department of health shall consult	190
with the Ohio dental hygienists' association regarding the amount.	191
If this amount includes funds from the bureau of clinician	192
recruitment and service in the United States department of health	193
and human services, the amount of state funds repaid on the	194
individual's behalf shall be the same as the amount of those	195
funds.	196

Sec. 3702.966.  The dentist loan repayment advisory board,	197
annually on or before the first day of March, shall submit a	198
report to the governor and general assembly describing the	199
operations of the dental hygienist loan repayment program during	200
the previous calendar year. The report shall include information	201
about all of the following:	202

(A) The number of requests received by the director of health	203
that a particular area be designated as a dental health resource	204
shortage area;	205

(B) The number of applicants for participation in the dental	206
hygienist loan repayment program;	207

(C) The number of dental hygienists assigned to dental health	208
resource shortage areas and the payments made on behalf of those	209
dental hygienists under the dental hygienist loan repayment	210
program;	211

(D) The number of dental hygienists failing to complete their	212
service obligations, the amount of damages owed, and the amount of	213
damages collected.	214

Sec. 3702.967.  The director of health may accept gifts of	215
money from any source for the implementation and administration of	216
sections 3702.96 to 3702.965 of the Revised Code.	217

The director shall pay all gifts accepted under this section	218
into the state treasury, to the credit of the dental hygiene	219
resource shortage area fund, which is hereby created, and all	220
damages collected under division (C)(3) of section 3702.965 of the	221
Revised Code, into the state treasury, to the credit of the dental	222
hygienist loan repayment fund, which is hereby created.	223

The director shall use the dental hygiene resource shortage	224
area and dental hygienist loan repayment funds for the	225
implementation and administration of sections 3702.96 to 3702.967	226
of the Revised Code.	227

Sec. 4715.031.  (A) The state dental board may develop and	228
implement a quality intervention program. The board may propose	229
that the holder of a license issued by the board participate in	230
the program if the board determines pursuant to an investigation	231
conducted under section 4715.03 of the Revised Code that there are	232
reasonable grounds to believe the license holder has violated a	233
provision of this chapter due to a clinical or communication	234
problem that could be improved through participation in the	235
program and determines that the license holder's participation in	236
the program is appropriate. The board shall refer a license holder	237
who agrees to participate in the program to an educational and	238
assessment service provider selected by the board.	239

(B) If the board develops and implements a quality	240
intervention program, all of the following apply:	241

(1) The board shall select, by a concurrence of a majority of	242
the board's members, educational and assessment service providers,	243
which may include quality intervention program panels of case	244
reviewers. A provider selected by the board to provide services to	245
a license holder shall recommend to the board the educational and	246
assessment services the license holder should receive under the	247
program. The license holder may begin participation in the program	248
if the board approves the services the provider recommends. The	249
license holder shall not be required to participate in the program	250
beyond one hundred eighty days from the date the license holder	251
agrees to participate in the program under this division. The	252
license holder shall pay the amounts charged by the provider for	253
the services.	254

(2) The board shall monitor a license holder's progress in	255
the program and determine whether the license holder has	256
successfully completed the program. If the board determines that	257
the license holder has successfully completed the program, it may	258
continue to monitor the license holder, take other action it	259
considers appropriate, or both. The additional monitoring, other	260
action taken by the board, or both, shall not continue beyond one	261
year from the date the license holder agrees to participate in the	262
program under this division. If the board determines that the	263
license holder has not successfully completed the program, it	264
shall, as soon as possible thereafter, commence disciplinary	265
proceedings against the license holder under section 4715.03 of	266
the Revised Code.	267

(3) The board shall elect, from the board's members who are	268
dentists, a coordinator to administer and provide oversight of the	269
quality intervention program. The coordinator may delegate to the	270
board's members or employees those duties that the coordinator	271
considers appropriate.	272

(C) The board may adopt rules in accordance with Chapter 119.	273
of the Revised Code to further implement the quality intervention	274
program.	275

Sec. 4715.037.  (A) Notwithstanding the permissive nature of	276
hearing referee or examiner appointments under section 119.09 of	277
the Revised Code, the state dental board shall appoint, by a	278
concurrence of a majority of its members, three referees or	279
examiners to conduct the hearings the board is required to hold	280
pursuant to sections 119.01 to 119.13 of the Revised Code.	281
Referees or examiners appointed under this section shall be	282
attorneys who have been admitted to the practice of law in this	283
state. In making the appointments, the board shall not appoint an	284
attorney who is a board employee or represents the board in any	285
other manner.	286

(B)(1) Referees or examiners appointed under this section	287
shall serve not more than the following number of consecutive	288
one-year terms:	289

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

290

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

291

(c) In the case of the third initial appointee and all	292
successor appointees, fiveeight.	293

(2) The board may not refuse to reappoint a referee or	294
examiner before the referee or examiner has served the maximum	295
number of terms applicable to the referee or examiner unless the	296
referee or examiner does not seek to serve the maximum number of	297
terms or the board, by a concurrence of a majority of its members,	298
determines there is cause not to reappoint the referee or	299
examiner.	300

(C) The board shall assign one referee or examiner appointed	301
under this section to conduct each hearing. Assignments shall be	302
made in the order the board receives requests for hearings without	303
regard to the experience or background of a particular referee or	304
examiner or the consideration of any factor other than whether the	305
referee or examiner is available at the appropriate time.	306

Sec. 4715.10. (A) As used in this section, "accredited dental	307
college" means a dental college accredited by the commission on	308
dental accreditation or a dental college that has educational	309
standards recognized by the commission on dental accreditation and	310
is approved by the state dental board.	311

(B) Each person who desires to practice dentistry in this	312
state shall file a written application for a license with the	313
secretary of the state dental board. The application shall be on a	314
form prescribed by the board and verified by oath. Each applicant	315
shall furnish satisfactory proof to the board that the applicant	316
has met the requirements of divisions (C) and (D) of this section,	317
and if the applicant is a graduate of an unaccredited dental	318
college located outside the United States, division (E) of this	319
section.	320

(C) To be granted a license to practice dentistry, an	321
applicant must meet all of the following requirements:	322

(1) Be at least eighteen years of age;

323

(2) Be of good moral character;

324

(3) Be a graduate of an accredited dental college or of a	325
dental college located outside the United States who meets the	326
standards adopted under section 4715.11 of the Revised Code;	327

(4) Have passed parts I and II of the examination given by	328
the national board of dental examiners;	329

(5) Have passed a written jurisprudence examination	330
administered by the state dental board under division (E)(2) of	331
section 4715.03 of the Revised Code;	332

(6) Pay the fee required by division (A)(1) of section	333
4715.13 of the Revised Code.	334

(D) To be granted a license to practice dentistry, an	335
applicant must meet any one of the following requirements:	336

(1) Have taken an examination administered by any of the	337
following regional testing agencies and received on each component	338
of the examination a passing score as specified in division (A) of	339
section 4715.11 of the Revised Code: the central regional dental	340
testing service, inc., northeast regional board of dental	341
examiners, inc., the southern regional dental testing agency,	342
inc., or the western regional examining board;	343

(2) Have taken an examination administered by the state	344
dental board and received a passing score as established by the	345
board;	346

(3) Possess a license in good standing from another state and	347
have actively engaged in the legal and reputable practice of	348
dentistry in another state or in the armed forces of the United	349
States, the United States public health service, or the United	350
States department of veterans' affairs for five years immediately	351
preceding application;	352

(4) Have completed a dental residency program accredited or	353
approved by the commission on dental accreditation and	354
administered by an accredited dental college or hospital.	355

(E) To be granted a license to practice dentistry, a graduate	356
of an unaccredited dental college located outside the United	357
States must meet both of the following requirements:	358

(1) Have taken a basic science and laboratory examination	359
consistent with rules adopted under section 4715.11 of the Revised	360
Code and received a passing score as established by the board;	361

(2) Have had sufficient clinical training in an accredited	362
institution to reasonably assure a level of competency equal to	363
that of graduates of accredited dental colleges, as determined by	364
the board.	365

Sec. 4715.13. (A) Applicants for licenses to practice	366
dentistry or for a general anesthesia permit or a conscious	367
intravenous sedation permit shall pay to the secretary of the	368
state dental board the following fees:	369

(1) For license to practice dentistry, two hundred ten	370
dollars if issued in an odd-numbered year or three hundred	371
thirty-sevenfifty-seven dollars if issued in an even-numbered	372
year;	373

(2) For duplicate license, to be granted upon proof of loss	374
of the original, twenty dollars;	375

(3) For a general anesthesia permit, one hundred twenty-seven	376
dollars;	377

(4) For a conscious intravenous sedation permit, one hundred	378
twenty-seven dollars.	379

(B) TwentyForty dollars of each fee collected under division	380
(A)(1) of this section for a license issued in an even-numbered	381
year and tentwenty dollars of each fee collected under division	382
(A)(1) of this section in an odd-numbered year shall be paid to	383
the dentist loan repayment fund established under section 3702.95	384
of the Revised Code.	385

(C) In the case of a person who applies for a license to	386
practice dentistry by taking an examination administered by the	387
state dental board, both of the following apply:	388

(1) The fee in division (A)(1) of this section may be	389
refunded to an applicant who is unavoidably prevented from	390
attending the examination, or the applicant may be examined at the	391
next regular or special meeting of the board without an additional	392
fee.	393

(2) An applicant who fails the first examination may be	394
re-examined at the next regular or special meeting of the board	395
without an additional fee.	396

Sec. 4715.22.  (A)(1) This section applies only when a	397
licensed dental hygienist is not practicing under a permit issued	398
pursuant to section 4715.363 of the Revised Code authorizing	399
practice under the oral health access supervision of a dentist.	400

(2) As used in this section, "health care facility" means	401
either of the following:	402

(a) A hospital registered under section 3701.07 of the	403
Revised Code;	404

(b) A "home" as defined in section 3721.01 of the Revised	405
Code.	406

(B) A licensed dental hygienist shall practice under the	407
supervision, order, control, and full responsibility of a dentist	408
licensed under this chapter. A dental hygienist may practice in a	409
dental office, public or private school, health care facility,	410
dispensary, or public institution. Except as provided in division	411
divisions (C) or (D)to (E) of this section, a dental hygienist	412
may not provide dental hygiene services to a patient when the	413
supervising dentist is not physically present at the location	414
where the dental hygienist is practicing.	415

(C) A dental hygienist may provide, for not more than fifteen	416
consecutive business days, dental hygiene services to a patient	417
when the supervising dentist is not physically present at the	418
location at whichwhere the services are provided if all of the	419
following requirements are met:	420

(1) The dental hygienist has at least two yearsone year and	421
a minimum of threeone thousand five hundred hours of experience	422
in the practice of dental hygiene.	423

(2) The dental hygienist has successfully completed a course	424
approved by the state dental board in the identification and	425
prevention of potential medical emergencies.	426

(3) The dental hygienist complies with written protocols for	427
emergencies the supervising dentist establishes for emergencies.	428

(4) The dental hygienist does not perform, while the	429
supervising dentist is absent from the location, procedures while	430
the patient is anesthetized, definitive root planing, definitive	431
subgingival curettage, or other procedures identified in rules the	432
state dental board adopts.	433

(5) The supervising dentist has evaluated the dental	434
hygienist's skills.	435

(6) The supervising dentist examined the patient not more	436
than seven monthsone year prior to the date the dental hygienist	437
provides the dental hygiene services to the patient.	438

(7) The dental hygienist complies with written protocols or	439
written standing orders that the supervising dentist establishes.	440

(8) The supervising dentist completed and evaluated a medical	441
and dental history of the patient not more than one year prior to	442
the date the dental hygienist provides dental hygiene services to	443
the patient and, except when the dental hygiene services are	444
provided in a health care facility, the supervising dentist	445
determines that the patient is in a medically stable condition.	446

(9) If the dental hygiene services are provided in a health	447
care facility, a doctor of medicine and surgery or osteopathic	448
medicine and surgery who holds a current certificate issued under	449
Chapter 4731. of the Revised Code or a registered nurse licensed	450
under Chapter 4723. of the Revised Code is present in the health	451
care facility when the services are provided.	452

(10) In advance of the appointment for dental hygiene	453
services, the patient is notified that the supervising dentist	454
will be absent from the location and that the dental hygienist	455
cannot diagnose the patient's dental health care status.	456

(11) The dental hygienist is employed by, or under contract	457
with, one of the following:	458

(a) The supervising dentist;

459

(b) A dentist licensed under this chapter who is one of the	460
following:	461

(i) The employer of the supervising dentist;

462

(ii) A shareholder in a professional association formed under	463
Chapter 1785. of the Revised Code of which the supervising dentist	464
is a shareholder;	465

(iii) A member or manager of a limited liability company	466
formed under Chapter 1705. of the Revised Code of which the	467
supervising dentist is a member or manager;	468

(iv) A shareholder in a corporation formed under division (B)	469
of section 1701.03 of the Revised Code of which the supervising	470
dentist is a shareholder;	471

(v) A partner or employee of a partnership or a limited	472
liability partnership formed under Chapter 1775. or 1776. of the	473
Revised Code of which the supervising dentist is a partner or	474
employee.	475

(c) A government entity that employs the dental hygienist to	476
provide dental hygiene services in a public school or in	477
connection with other programs the government entity administers.	478

(D) A dental hygienist may provide dental hygiene services to	479
a patient when the supervising dentist is not physically present	480
at the location at whichwhere the services are provided if the	481
services are provided as part of a dental hygiene program that is	482
approved by the state dental board and all of the following	483
requirements are met:	484

(1) The program is operated through a school district board	485
of education or the governing board of an educational service	486
center; the board of health of a city or general health district	487
or the authority having the duties of a board of health under	488
section 3709.05 of the Revised Code; a national, state, district,	489
or local dental association; or any other public or private entity	490
recognized by the state dental board.	491

(2) The supervising dentist is employed by or a volunteer	492
for, and the patients are referred by, the entity through which	493
the program is operated.	494

(3)(a) Except as provided in division (D)(3)(b) of this	495
section, the services are performed after examination and	496
diagnosis by the dentist and in accordance with the dentist's	497
written treatment plan.	498

(b) The requirement in division (D)(3)(a) of this section	499
does not apply when the only service to be provided by the dental	500
hygienist is the placement of pit and fissure sealants.	501

(E) A dental hygienist may apply fluoride varnish, apply	502
desensitizing agents, and discuss general nonmedical nutrition	503
information for the purpose of maintaining good oral health when	504
the supervising dentist is not physically present at the location	505
where the services are provided, regardless of whether the dentist	506
has examined the patient, if the dental hygienist is employed by,	507
or under contract with, the supervising dentist or another person	508
or government entity specified in division (C)(11)(b) or (c) of	509
this section.	510

As used in this division, "general nonmedical nutrition	511
information" means information on the following: principles of	512
good nutrition and food preparation, food to be included in the	513
normal daily diet, the essential nutrients needed by the body,	514
recommended amounts of the essential nutrients, the actions of	515
nutrients on the body, the effects of deficiencies or excesses of	516
nutrients, or food and supplements that are good sources of	517
essential nutrients.	518

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

519

(1) Practice dental hygiene in a manner that is separate or	520
otherwise independent from the dental practice of a supervising	521
dentist;	522

(2) Establish or maintain an office or practice that is	523
primarily devoted to the provision of dental hygiene services.	524

(F)(G) The state dental board shall adopt rules under	525
division (C) of section 4715.03 of the Revised Code identifying	526
procedures a dental hygienist may not perform when practicing in	527
the absence of the supervising dentist pursuant to division (C) or	528
(D) of this section. The board shall not identify recementation of	529
temporary crowns or recementation of crowns with temporary cement	530
as such procedures.	531

Sec. 4715.23.  The practice of a dental hygienist shall	532
consist of those prophylactic, preventive, and other procedures	533
that licensed dentists are authorized by this chapter and rules of	534
the dental board to assign only to licensed dental hygienists or	535
to qualified personnel under section 4715.39 of the Revised Code.	536

Licensed dentists may assign to dental hygienists intraoral	537
tasks that do not require the professional competence or skill of	538
the licensed dentist and that are authorized by board rule. Such	539
performance of intraoral tasks by dental hygienists shall be under	540
supervision and full responsibility of the licensed dentist, and	541
at no time shall more than threefour dental hygienists be	542
practicing clinical hygiene under the supervision of the same	543
dentist. The foregoing shall not be construed as authorizing the	544
assignment of diagnosis, treatment planning and prescription	545
(including prescriptions for drugs and medicaments or	546
authorizations for restorative, prosthodontic, or orthodontic	547
appliances); or, except when done in conjunction with the removal	548
of calcarious deposits, dental cement, or accretions on the crowns	549
and roots of teeth, surgical procedures on hard and soft tissues	550
within the oral cavity or any other intraoral procedure that	551
contributes to or results in an irremediable alteration of the	552
oral anatomy; or the making of final impressions from which casts	553
are made to construct any dental restoration.	554

The state dental board shall issue rules defining the	555
procedures that may be performed by licensed dental hygienists	556
engaged in school health activities or employed by public	557
agencies.	558

Sec. 4715.24.  (A) Each person who is licensed to practice as	559
a dental hygienist in Ohio shall, on or before the first day of	560
January of each even-numbered year, register with the state dental	561
board, unless the person is temporarily retired pursuant to	562
section 4715.241 of the Revised Code. The registration shall be	563
made on a form prescribed by the board and furnished by the	564
secretary, shall include the licensee's name, address, license	565
number, and such other reasonable information as the board may	566
consider necessary, and shall include payment of a biennial	567
registration fee of one hundred fivefifteen dollars. This fee	568
shall be paid to the treasurer of state. All such registrations	569
shall be in effect for the two-year period beginning on the first	570
day of January of each even-numbered year and ending on the last	571
day of December of the following odd-numbered year, and shall be	572
renewed in accordance with the standard renewal procedure of	573
sections 4745.01 to 4745.03 of the Revised Code. The failure of a	574
licensee to renew registration in accordance with this section	575
shall result in the automatic suspension of the licensee's license	576
to practice as a dental hygienist, unless the licensee is	577
temporarily retired pursuant to section 4715.241 of the Revised	578
Code.	579

(B) Any dental hygienist whose license has been automatically	580
suspended under this section may be reinstated on application to	581
the board on a form prescribed by the board for licensure	582
reinstatement and payment of the biennial registration fee and in	583
addition thereto thirty-one dollars to cover the costs of	584
reinstatement.	585

(C) The license of a dental hygienist shall be exhibited in a	586
conspicuous place in the room in which the dental hygienist	587
practices. Each dental hygienist licensed to practice, whether a	588
resident or not, shall notify the secretary in writing or	589
electronically of any change in the dental hygienist's office	590
address or employment within ten days after the change takes	591
place.	592

(D) Ten dollars of each biennial registration fee collected	593
under division (A) or (B) of this section shall be paid to the	594
dental hygienist loan repayment fund established under section	595
3702.967 of the Revised Code.	596

Sec. 4715.363. (A) A dental hygienist who desires to	597
participate in the oral health access supervision program shall	598
apply to the state dental board for a permit to practice under the	599
oral health access supervision of a dentist. The application shall	600
be under oath, on a form prescribed by the board in rules adopted	601
under section 4715.372 of the Revised Code, and accompanied by an	602
application fee of twenty dollars, which may be paid by personal	603
check or credit card.	604

(B) The applicant shall provide evidence satisfactory to the	605
board that the applicant has done all of the following:	606

(1) Completed at least two yearsone year and attained a	607
minimum of threeone thousand five hundred hours of experience in	608
the practice of dental hygiene;	609

(2) Completed at least twenty-four hours of continuing dental	610
hygiene education during the two years prior to submission of the	611
application;	612

(3) Completed a course pertaining to the practice of dental	613
hygiene under the oral health access supervision of a dentist that	614
meets standards established in rules adopted under section	615
4715.372 of the Revised Code;	616

(4) Completed, during the two years prior to submission of	617
the application, a course pertaining to the identification and	618
prevention of potential medical emergencies that is the same as	619
the course described in division (C)(2) of section 4715.22 of the	620
Revised Code.	621

(C) The state dental board shall issue a permit to practice	622
under the oral health access supervision of a dentist to a dental	623
hygienist who is in good standing with the board and meets all of	624
the requirements of divisions (A) and (B) of this section.	625

Sec. 4715.366. (A) A dental hygienist providing dental	626
hygiene services under a permit issued under section 4715.363 of	627
the Revised Code to practice under the oral health access	628
supervision of a dentist shall do both of the following:	629

(1) Comply with written protocols established by the	630
authorizing dentist who authorizes the dental hygienist's	631
provision of services and standing orders established by the	632
authorizing dentist, including protocols and standing orders	633
regarding emergencies and, for the purpose of section 4715.365 of	634
the Revised Code, protocols regarding what constitutes a medically	635
significant change to a patient's medical or dental history;	636

(2) Immediately following the completion of the dental	637
hygiene services and subject to division (B) of this section,	638
direct the patient to the authorizinga dentist for a clinical	639
evaluation and schedule or cause to be scheduled an appointment	640
for the patient with the authorizinga dentist.	641

(B) For purposes of division (A)(2) of this section, the	642
dental hygienist shall make every attempt to schedule the	643
patient's appointment with the authorizing dentist not later than	644
ninety dayssix months after the completion of the dental hygiene	645
services. The dental hygienist shall provide the patient with a	646
written notice of the appointment that includes, at a minimum, the	647
authorizing dentist's name, address, and telephone number; the	648
date and time of the appointment; and a statement of the dental	649
hygiene services performed by the hygienist. The notice shall be	650
given to the patient or the patient's representative and one copy	651
shall be given to the authorizing dentist.	652

Sec. 4715.371. The state dental board shall develop and	653
publish on its internet web site a directory containing the names	654
and contact information, including electronic mail addresses, of	655
dentists and dental hygienists who hold current, valid permits	656
issued under sections 4715.362 and 4715.363 of the Revised Code.	657

Sec. 4715.373. Nothing in sections 4715.36 to 4715.372 of the	658
Revised Code authorizes any activity prohibited by this chapter or	659
prohibited by a rule adopted under this chapter by the state	660
dental board, including the activities prohibited by division	661
(E)(F) of section 4715.22 of the Revised Code and the activities	662
prohibited or not authorized by section 4715.23 of the Revised	663
Code.	664

Sec. 4715.39.  (A) The state dental board may define the	665
duties that may be performed by dental assistants and other	666
individuals designated by the board as qualified personnel. If	667
defined, the duties shall be defined in rules adopted in	668
accordance with Chapter 119. of the Revised Code. The rules may	669
include training and practice standards for dental assistants and	670
other qualified personnel. The standards may include examination	671
and issuance of a certificate. If the board issues a certificate,	672
the recipient shall display the certificate in a conspicuous	673
location in any office in which the recipient is employed to	674
perform the duties authorized by the certificate.	675

(B) A dental assistant may polish the clinical crowns of	676
teeth if all of the following requirements are met:	677

(1) The dental assistant's polishing activities are limited	678
to the use of a rubber cup attached to a slow-speed rotary dental	679
hand piece to remove soft deposits that build up over time on the	680
crowns of teeth.	681

(2) The polishing is performed only after a dentist has	682
evaluated the patient and any calculus detected on the teeth to be	683
polished has been removed by a dentist or dental hygienist.	684

(3) The dentist supervising the assistant supervises not more	685
than two dental assistants engaging in polishing activities at any	686
given time.	687

(4) The dental assistant is certified by the dental assisting	688
national board or the Ohio commission on dental assistant	689
certification.	690

(5) The dental assistant receives a certificate from the	691
board authorizing the assistant to engage in the polishing	692
activities. The board shall issue the certificate if the	693
individual has successfully completed training in the polishing of	694
clinical crowns through a program accredited by the American	695
dental association commission on dental accreditation or	696
equivalent training approved by the board. The training shall	697
include courses in basic dental anatomy and infection control,	698
followed by a course in coronal polishing that includes didactic,	699
preclinical, and clinical training; any other training required by	700
the board; and a skills assessment that includes successful	701
completion of standardized testing. The board shall adopt rules	702
pursuant to division (A) of this section establishing standards	703
for approval of this training.	704

(C) A dental assistant may apply pit and fissure sealants if	705
all of the following requirements are met:	706

(1) A dentist evaluates the patient and designates the teeth	707
and surfaces that will benefit from the application of sealant on	708
the day the application is to be performed.	709

(2) The dental assistant is certified by the dental assisting	710
national board or the Ohio commission on dental assistant	711
certification.	712

(3) The dental assistant has successfully completed a course	713
in the application of sealants consisting of at least two hours of	714
didactic instruction and six hours of clinical instruction through	715
a program provided by an institution accredited by the American	716
dental association commission on dental accreditation or a program	717
provided by a sponsor of continuing education approved by the	718
board.	719

(4) The dentist supervising the assistant has observed the	720
assistant successfully apply at least six sealants.	721

(5) TheExcept as provided in division (D) or (E) of this	722
section, the dentist supervising the assistant checks and approves	723
the application of all sealants placed by the assistant before the	724
patient leaves the location where the sealant application	725
procedure is performed.	726

(D)(1) A dental assistant who is certified by the dental	727
assisting national board or the Ohio commission on dental	728
assistant certification may provide, for not more than fifteen	729
consecutive business days, all of the following services to a	730
patient when the supervising dentist is not physically present at	731
the location where the services are provided if the conditions	732
specified in division (D)(2) of this section have been satisfied:	733

(a) Recementation of temporary crowns or recementation of	734
crowns with temporary cement;	735

(b) Application of fluoride varnish;

736

(c) Application of disclosing solutions;

737

(d) Application of desensitizing agents;

738

(e) Caries susceptibility testing;

739

(f) Instruction on oral hygiene home care, including the use	740
of toothbrushes and dental floss.	741

(2) The conditions that must be satisfied before a dental	742
assistant may provide the services specified in division (D)(1) of	743
this section are all of the following:	744

(a) The dental assistant has at least two years and a minimum	745
of three thousand hours of experience practicing as a dental	746
assistant.	747

(b) The dental assistant has successfully completed a course	748
approved by the state dental board in the identification and	749
prevention of potential medical emergencies.	750

(c) The supervising dentist has evaluated the dental	751
assistant's skills.	752

(d) The supervising dentist examined the patient not more	753
than one year prior to the date that the dental assistant provides	754
the services to the patient.	755

(e) The supervising dentist has established written protocols	756
or written standing orders for the dental assistant to follow	757
during and in the absence of an emergency.	758

(f) The supervising dentist completed and evaluated a medical	759
and dental history of the patient not more than one year prior to	760
the date that the dental assistant provides services to the	761
patient, and the supervising dentist determines that the patient	762
is in a medically stable condition.	763

(g) The patient is notified, in advance of the appointment	764
for services, that the supervising dentist will be absent from the	765
location and that the dental assistant cannot diagnose the	766
patient's dental health care status.	767

(h) The dental assistant is employed by, or under contract	768
with, the supervising dentist, a dentist licensed under this	769
chapter who meets one of the criteria specified in division	770
(C)(11)(b) of section 4715.22 of the Revised Code, or a government	771
entity that employs the dental assistant to provide services in a	772
public school or in connection with other programs the government	773
entity administers.	774

(3) A dental assistant who is certified by the dental	775
assisting national board or the Ohio commission on dental	776
assistant certification may apply, for not more than fifteen	777
business days, pit and fissure sealants when the supervising	778
dentist is not physically present at the location where the	779
sealants are to be applied if the dental assistant meets the	780
requirements in divisions (C)(3) and (4) of this section and all	781
of the conditions specified in division (D)(2) of this section	782
have been satisfied.	783

(E) A dental assistant who is certified by the dental	784
assisting national board or the Ohio commission on dental	785
assistant certification may apply pit and fissure sealants prior	786
to a dentist examining the patient and rendering a diagnosis, and	787
when a dentist is not physically present at the location where the	788
service is provided, if all of the following are the case:	789

(1) The dental assistant meets the requirements in divisions	790
(C)(3) and (4) of this section.	791

(2) All of the conditions specified in division (D)(2) of	792
this section have been satisfied.	793

(3) The dental assistant is providing the service as part of	794
a program operated through any of the following: a school district	795
board of education or the governing board of an educational	796
service center; the board of health of a city or general health	797
district or the authority having the duties of a board of health	798
under section 3709.05 of the Revised Code; a national, state,	799
district, or local dental association; or any other public or	800
private entity recognized by the state dental board.	801

(4) A supervising dentist for the program described in	802
division (E)(3) of this section meets both of the following	803
conditions:	804

(a) Is employed by or a volunteer for, and the patients are	805
referred by, the entity through which the program is operated;	806

(b) Is available for consultation by telephone,	807
videoconferencing, or other means of electronic communication.	808

(5) The application of pit and fissure sealants is limited to	809
erupted permanent posterior teeth without suspicion of dentinal	810
cavitation.	811

(6) If the patient is a minor, a parent, guardian, or other	812
person responsible for the patient has been notified that a	813
dentist will not be present at the location and that the dental	814
assistant is not trained to diagnose or treat other serious dental	815
concerns that could exist.	816

(F) Subject to this section and the applicable rules of the	817
board, licensed dentists may assign to dental assistants and other	818
qualified personnel dental procedures that do not require the	819
professional competence or skill of the licensed dentist, a dental	820
hygienist, or an expanded function dental auxiliary as this	821
section or the board by rule authorizes dental assistants and	822
other qualified personnel to perform. TheExcept as provided in	823
division (D) or (E) of this section, the performance of dental	824
procedures by dental assistants and other qualified personnel	825
shall be under direct supervision and full responsibility of the	826
licensed dentist.	827

(E)(G) Nothing in this section shall be construed by rule of	828
the state dental board or otherwise to do the following:	829

(1) Authorize dental assistants or other qualified personnel	830
to engage in the practice of dental hygiene as defined by sections	831
4715.22 and 4715.23 of the Revised Code or to perform the duties	832
of a dental hygienist, including the removal of calcarious	833
deposits, dental cement, or accretions on the crowns and roots of	834
teeth other than as authorized pursuant to this section;	835

(2) Authorize dental assistants or other qualified personnel	836
to engage in the practice of an expanded function dental auxiliary	837
as specified in section 4715.64 of the Revised Code or to perform	838
the duties of an expanded function dental auxiliary other than as	839
authorized pursuant to this section.	840

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

841

(a) Diagnosis;

842

(b) Treatment planning and prescription, including	843
prescription for drugs and medicaments or authorization for	844
restorative, prosthodontic, or orthodontic appliances;	845

(c) Surgical procedures on hard or soft tissue of the oral	846
cavity, or any other intraoral procedure that contributes to or	847
results in an irremediable alteration of the oral anatomy;	848

(d) The making of final impressions from which casts are made	849
to construct any dental restoration.	850

(F)(H) No dentist shall assign any dental assistant or other	851
individual acting in the capacity of qualified personnel to	852
perform any dental procedure that the assistant or other	853
individual is not authorized by this section or by board rule to	854
perform. No dental assistant or other individual acting in the	855
capacity of qualified personnel shall perform any dental procedure	856
other than in accordance with this section and any applicable	857
board rule or any dental procedure that the assistant or other	858
individual is not authorized by this section or by board rule to	859
perform.	860

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

861

(1) "Accredited dental college" has the same meaning as in	862
section 4715.10 of the Revised Code.	863

(2) "Accredited dental hygiene school" has the same meaning	864
as in section 4715.36 of the Revised Code.	865

(3) "Operation" has the same meaning as in section 2305.234	866
of the Revised Code.	867

(B) Within thirty days after receiving an application for a	868
temporary volunteer's certificate that includes all of the items	869
listed in divisions (C)(1) and (2) of this section, the state	870
dental board shall issue, without examination, a temporary	871
volunteer's certificate to a person not licensed under this	872
chapter so that the person may provide dental services in this	873
state as a volunteer.	874

(C) An application for a temporary volunteer's certificate	875
shall include both of the following:	876

(1) A copy of the applicant's degree from an accredited	877
dental college or accredited dental hygiene school;	878

(2) One of the following, as applicable:

879

(a) Evidence satisfactory to the board that the applicant	880
holds a valid, unrestricted license to practice dentistry or	881
dental hygiene issued by a jurisdiction in the United States that	882
licenses persons to practice dentistry or dental hygiene;	883

(b) Evidence satisfactory to the board that the applicant is	884
practicing dentistry or dental hygiene in one or more branches of	885
the United States armed services.	886

(D) The holder of a temporary volunteer's certificate shall	887
not accept any form of remuneration for providing dental services	888
pursuant to the certificate. Except in a dental emergency, the	889
holder shall not perform any operation. The board may revoke a	890
temporary volunteer's certificate on receiving proof satisfactory	891
to the board that the holder has engaged in practice in this state	892
outside the scope of the holder's certificate or that there are	893
grounds for action against the person under section 4715.30 of the	894
Revised Code.	895

(E)(1) A temporary volunteer's certificate shall be valid for	896
a period of seven days, and may be renewed upon the application of	897
the holder, unless the certificate was previously revoked under	898
division (D) of this section. The board shall maintain a register	899
of all persons who hold a temporary volunteer's certificate. The	900
board may charge a fee not to exceed twenty-five dollars for	901
issuing or renewing a certificate pursuant to this section.	902

(2) The board shall issue to each person who qualifies under	903
this section for a temporary volunteer's certificate a wallet	904
certificate that states that the certificate holder is authorized	905
to provide dental services pursuant to the laws of this state. The	906
holder shall keep the wallet certificate on the holder's person	907
while providing dental services.	908

(3) The holder of a temporary volunteer's certificate issued	909
pursuant to this section is subject to the immunity provisions in	910
section 2305.234 of the Revised Code.	911

(F) The board shall adopt rules in accordance with Chapter	912
119. of the Revised Code to administer and enforce this section.	913

(G) Not later than ninety days after the effective date of	914
this section, the state dental board shall make available through	915
the board's internet web site the application form for a temporary	916
volunteer's certificate under this section, a description of the	917
application process, and a list of all items that are required by	918
division (C) of this section to be submitted with the application.	919

Sec. 4715.56. A(A) Except as provided in division (B) of	920
this section, a dental x-ray machine operator may perform	921
radiologic procedures only if a dentist is providing direct	922
supervision. Direct supervision does not require the dentist to	923
observe each radiologic procedure performed by the operator, but	924
does require that hethe dentist be present at the location where	925
the operator is performing radiologic procedures for purposes of	926
consulting with and directing the operator while performing the	927
procedures.	928

(B) A dental x-ray machine operator may perform radiologic	929
procedures for a patient when the supervising dentist is not	930
physically present at the location where the radiologic procedures	931
are performed if the supervising dentist examined the patient not	932
more than one year prior to the date the dental x-ray machine	933
operator performs the radiologic procedures and the supervising	934
dentist has ordered the radiologic procedures.	935

Sec. 4715.64. (A) TheSubject to divisions (B), (C), and (D)	936
of this section, the practice of an expanded function dental	937
auxiliary shall consist of the following:	938

(1) The proceduresProcedures involved in the placement of	939
restorative materials limited to amalgam restorative materials and	940
non-metallicnonmetallic restorative materials, including	941
direct-bonded restorative materials;	942

(2) The procedures involved in the placement ofApplication	943
of pit and fissure sealants;	944

(3) Recementation of temporary crowns or recementation of	945
crowns with temporary cement;	946

(4) Application of topical fluoride;

947

(5) Application of fluoride varnish;

948

(6) Application of disclosing solutions;

949

(7) Application of desensitizing agents;

950

(8) Caries susceptibility testing;

951

(9) Instruction on oral hygiene home care, including the use	952
of toothbrushes and dental floss;	953

(10) Any additional procedures authorized by the state dental	954
board in rules adopted under section 4715.66 of the Revised Code.	955

(B) An expanded function dental auxiliary shall practice	956
perform the services specified in divisions (A)(1) and (11) of	957
this section only under the direct supervision, order, control,	958
and full responsibility of a dentist licensed under this chapter.	959
At no time shall more than two expanded function dental	960
auxiliaries be practicing as expanded function dental auxiliaries	961
under the direct supervision of the same dentist. AnExcept as	962
provided in divisions (C) and (D) of this section, an expanded	963
function dental auxiliary shall not practice as an expanded	964
function dental auxiliary when the supervising dentist is not	965
physically present at the location where the expanded function	966
dental auxiliary is practicing.	967

(C) An expanded function dental auxiliary may perform, for	968
not more than fifteen consecutive business days, the services	969
specified in divisions (A)(2) to (10) of this section when the	970
supervising dentist is not physically present at the location	971
where the expanded function dental auxiliary is practicing if all	972
of the following conditions have been satisfied:	973

(1) The expanded function dental auxiliary has at least two	974
years and a minimum of three thousand hours of experience	975
practicing as an expanded function dental auxiliary.	976

(2) The expanded function dental auxiliary has successfully	977
completed a course approved by the board in the identification and	978
prevention of potential medical emergencies.	979

(3) The supervising dentist has evaluated the expanded	980
function dental auxiliary's skills.	981

(4) The supervising dentist examined the patient not more	982
than one year prior to the date that the expanded function dental	983
auxiliary provides services to the patient.	984

(5) The supervising dentist has established written protocols	985
or written standing orders for the expanded function dental	986
auxiliary to follow during and in the absence of an emergency.	987

(6) The supervising dentist completed and evaluated a medical	988
and dental history of the patient not more than one year prior to	989
the date that the expanded function dental auxiliary provides	990
services to the patient, and the supervising dentist determines	991
that the patient is in a medically stable condition.	992

(7) In advance of the appointment for services, the patient	993
is notified that the supervising dentist will be absent from the	994
location and that the expanded function dental auxiliary cannot	995
diagnose the patient's dental health care status.	996

(8) The expanded function dental auxiliary is employed by, or	997
under contract with, the supervising dentist, a dentist licensed	998
under this chapter who meets one of the criteria specified in	999
division (C)(11)(b) of section 4715.22 of the Revised Code, or a	1000
government entity that employs the expanded function dental	1001
auxiliary to provide services in a public school or in connection	1002
with other programs the government entity administers.	1003

(D) An expanded function dental auxiliary may apply pit and	1004
fissure sealants prior to a dentist examining the patient and	1005
rendering a diagnosis, and when a dentist is not physically	1006
present at the location where the service is provided, if all of	1007
the following are the case:	1008

(1) All of the conditions specified in division (C) of this	1009
section have been satisfied.	1010

(2) The expanded function dental auxiliary is providing the	1011
service as part of a program operated through any of the	1012
following: a school district board of education or the governing	1013
board of an educational service center; the board of health of a	1014
city or general health district or the authority having the duties	1015
of a board of health under section 3709.05 of the Revised Code; a	1016
national, state, district, or local dental association; or any	1017
other public or private entity recognized by the state dental	1018
board.	1019

(3) A supervising dentist for the program described in	1020
division (D)(2) of this section meets both of the following	1021
conditions:	1022

(a) Is employed by or a volunteer for, and the patients are	1023
referred by, the entity through which the program is operated;	1024

(b) Is available for consultation by telephone,	1025
videoconferencing, or other means of electronic communication.	1026

(4) The application of pit and fissure sealants is limited to	1027
erupted permanent posterior teeth without suspicion of cavitation.	1028

(5) If the patient is a minor, a parent, guardian, or other	1029
person responsible for the patient has been notified that a	1030
dentist will not be present at the location and that the expanded	1031
function dental auxiliary is not trained to diagnose or treat	1032
other serious dental concerns that could exist.	1033

(E) Nothing in this section shall be construed by rule of the	1034
board or otherwise to authorize an expanded function dental	1035
auxiliary to engage in the practice of dental hygiene as defined	1036
by sections 4715.22 and 4715.23 of the Revised Code.	1037

Sec. 4715.66. (A) The state dental board shall adopt rules as	1038
the board considers necessary to implement and administer sections	1039
4715.61 to 4715.64 of the Revised Code. The rules shall be adopted	1040
in accordance with Chapter 119. of the Revised Code.	1041

(B) In adopting rules under this section, all of the	1042
following apply:	1043

(1) The board shall adopt rules specifying the education or	1044
training necessary for an individual to register as an expanded	1045
function dental auxiliary under this chapter.	1046

(2) The board shall adopt rules specifying the standards that	1047
must be met for an examination to be accepted by the board as an	1048
examination of competency to practice as an expanded function	1049
dental auxiliary. In specifying the standards, the board shall	1050
provide that an examination will be accepted only if the entity	1051
that administered the examination required an individual to be one	1052
of the following as a condition of admission to the examination:	1053

(a) An unlicensed dentist who has graduated from an	1054
accredited dental college, as specified in section 4715.10 of the	1055
Revised Code, and does not have a dental license under suspension	1056
or revocation by the board;	1057

(b) A dental student who is enrolled in an accredited dental	1058
college, as specified in section 4715.10 of the Revised Code, and	1059
is considered by the dean of the college to be in good standing as	1060
a dental student;	1061

(c) A graduate of a dental college located outside of the	1062
United States;	1063

(d) A dental assistant who is certified by the dental	1064
assisting national board or the Ohio commission on dental	1065
assistant certification;	1066

(e) A dental hygienist licensed under this chapter whose	1067
license is in good standing;	1068

(f) An unlicensed dental hygienist who has graduated from an	1069
accredited dental hygiene school, as specified in section 4715.21	1070
of the Revised Code, and does not have a dental hygienist license	1071
under suspension or revocation by the board.	1072

(3) The board may adopt rules specifying procedures an	1073
expanded function dental auxiliary may perform that are in	1074
addition to the procedures specified in divisions (A)(1) and (2)	1075
to (10) of section 4715.64 of the Revised Code.	1076

Section 2.  That existing sections 3333.61, 4715.031,	1077
4715.037, 4715.10, 4715.13, 4715.22, 4715.23, 4715.24, 4715.363,	1078
4715.366, 4715.371, 4715.373, 4715.39, 4715.56, 4715.64, and	1079
4715.66 of the Revised Code are hereby repealed.	1080

Section 3. (A) There is hereby created the Medicaid Payment	1081
Rates for Dental Services Workgroup. The Workgroup shall consist	1082
of all of the following:	1083

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

1084

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

1085

(3) Two members of the Senate, one from the majority party	1086
and the other from the minority party, appointed by the President	1087
of the Senate;	1088

(4) Two members of the House of Representatives, one from the	1089
majority party and the other from the minority party, appointed by	1090
the Speaker of the House of Representatives;	1091

(5) Four dentists who have valid Medicaid provider agreements	1092
and practice in different geographic areas of the state, appointed	1093
by the executive director of the Ohio Dental Association.	1094

(B) Appointments to the Workgroup shall be made not later	1095
than thirty days after the effective date of this section. Except	1096
to the extent that serving on the Workgroup is part of a member's	1097
regular employment duties, a member of the Workgroup shall not be	1098
paid for the member's service on the Workgroup. Members of the	1099
Workgroup shall not be reimbursed for their expenses incurred in	1100
serving on the Workgroup.	1101

(C) The Medicaid Director or Director's designee shall serve	1102
as the Workgroup's chairperson. The Workgroup shall meet at the	1103
call of the chairperson.	1104

(D) The Department of Medicaid shall provide staff and other	1105
support services for the Workgroup.	1106

(E) The Workgroup shall study the issue of Medicaid payment	1107
rates for dental services. Not later than December 31, 2014, the	1108
Workgroup shall submit a report of its study to the Governor and,	1109
in accordance with section 101.68 of the Revised Code, the General	1110
Assembly. The report shall include recommendations regarding	1111
Medicaid payment rates for dental services. The Workgroup shall	1112
cease to exist on submission of its report.	1113

Section 4. Not later than three years after the effective	1114
date of this act, the State Dental Board shall submit to the	1115
Governor and to the General Assembly in accordance with section	1116
101.68 of the Revised Code a report that contains all of the	1117
following:	1118

(A) The number of dentists licensed under Chapter 4715. of	1119
the Revised Code who met the requirements of division (D) of	1120
section 4715.10 of the Revised Code by completing a dental	1121
residency program described in division (D)(4) of that section;	1122

(B) The number of dentists described in division (A) of this	1123
section who completed the dental residency program in this state	1124
and the number of dentists who completed the dental residency	1125
program in another state;	1126

(C) The number of dentists described in division (A) of this	1127
section who have renewed a license issued under Chapter 4715. of	1128
the Revised Code in accordance with section 4715.14 of the Revised	1129
Code;	1130

(D) The office address of each dentist described in division	1131
(A) of this section;	1132

(E) Any other information the Board considers necessary to	1133
evaluate the impact of the amendment by this act to section	1134
4715.10 of the Revised Code.	1135

Section 5. The amendment by this act to division (B)(1) of	1136
section 4715.037 of the Revised Code establishing new limits on	1137
the number of consecutive terms that a referee or examiner may	1138
serve shall apply to a referee or examiner serving in such	1139
capacity on the effective date of this section.	1140