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H. B. No. 463 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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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
A BILL
To amend sections 3333.61, 4715.10, 4715.13, 4715.22,
4715.23, 4715.363, 4715.366, 4715.371, 4715.39,
4715.64, and 4715.66 and to enact section 4715.421
of the Revised Code to make changes to the laws
governing dental professionals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3333.61, 4715.10, 4715.13, 4715.22,
4715.23, 4715.363, 4715.366, 4715.371, 4715.39, 4715.64, and
4715.66 be amended and section 4715.421 of the Revised Code be
enacted to read as follows:
Sec. 3333.61. The chancellor of the Ohio board of regents
shall establish and administer the Ohio innovation partnership,
which shall consist of the choose Ohio first scholarship program
and the Ohio research scholars program. Under the programs, the
chancellor, subject to approval by the controlling board, shall
make awards to state universities or colleges for programs and
initiatives that recruit students and scientists in the fields of
science, technology, engineering, mathematics, and medicine, and
dentistry to state universities or colleges, in order to enhance
regional educational and economic strengths and meet the needs of
the state's regional economies. Awards may be granted for programs
and initiatives to be implemented by a state university or college
alone or in collaboration with other state institutions of higher
education, nonpublic Ohio universities and colleges, or other
public or private Ohio entities. If the chancellor makes an award
to a program or initiative that is intended to be implemented by a
state university or college in collaboration with other state
institutions of higher education or nonpublic Ohio universities or
colleges, the chancellor may provide that some portion of the
award be received directly by the collaborating universities or
colleges consistent with all terms of the Ohio innovation
partnership.
The choose Ohio first scholarship program shall assign a
number of scholarships to state universities and colleges to
recruit Ohio residents as undergraduate, or as provided in section
3333.66 of the Revised Code graduate, students in the fields of
science, technology, engineering, mathematics, and medicine, and
dentistry, or in science, technology, engineering, mathematics, or
medical, or dental education. Choose Ohio first scholarships shall
be awarded to each participating eligible student as a grant to
the state university or college the student is attending and shall
be reflected on the student's tuition bill. Choose Ohio first
scholarships are student-centered grants from the state to
students to use to attend a university or college and are not
grants from the state to universities or colleges.
Notwithstanding any other provision of this section or
sections 3333.62 to 3333.69 of the Revised Code, a nonpublic
four-year Ohio institution of higher education may submit a
proposal for choose Ohio first scholarships or Ohio research
scholars grants. If the chancellor awards a nonpublic institution
scholarships or grants, the nonpublic institution shall comply
with all requirements of this section, sections 3333.62 to 3333.69
of the Revised Code, and the rules adopted under this section that
apply to state universities or colleges awarded choose Ohio first
scholarships or Ohio research scholars grants.
The Ohio research scholars program shall award grants to use
in recruiting scientists to the faculties of state universities or
colleges.
The chancellor shall adopt rules in accordance with Chapter
119. of the Revised Code to administer the programs.
Sec. 4715.10. (A) As used in this section, "accredited dental
college" means a dental college accredited by the commission on
dental accreditation or a dental college that has educational
standards recognized by the commission on dental accreditation and
is approved by the state dental board.
(B) Each person who desires to practice dentistry in this
state shall file a written application for a license with the
secretary of the state dental board. The application shall be on a
form prescribed by the board and verified by oath. Each applicant
shall furnish satisfactory proof to the board that the applicant
has met the requirements of divisions (C) and (D) of this section,
and if the applicant is a graduate of an unaccredited dental
college located outside the United States, division (E) of this
section.
(C) To be granted a license to practice dentistry, an
applicant must meet all of the following requirements:
(1) Be at least eighteen years of age;
(2) Be of good moral character;
(3) Be a graduate of an accredited dental college or of a
dental college located outside the United States who meets the
standards adopted under section 4715.11 of the Revised Code;
(4) Have passed parts I and II of the examination given by
the national board of dental examiners;
(5) Have passed a written jurisprudence examination
administered by the state dental board under division (E)(2) of
section 4715.03 of the Revised Code;
(6) Pay the fee required by division (A)(1) of section
4715.13 of the Revised Code.
(D) To be granted a license to practice dentistry, an
applicant must meet any one of the following requirements:
(1) Have taken an examination administered by any of the
following regional testing agencies and received on each component
of the examination a passing score as specified in division (A) of
section 4715.11 of the Revised Code: the central regional dental
testing service, inc., northeast regional board of dental
examiners, inc., the southern regional dental testing agency,
inc., or the western regional examining board;
(2) Have taken an examination administered by the state
dental board and received a passing score as established by the
board;
(3) Possess a license in good standing from another state and
have actively engaged in the legal and reputable practice of
dentistry in another state or in the armed forces of the United
States, the United States public health service, or the United
States department of veterans' affairs for five years immediately
preceding application;
(4) Have completed a dental residency program accredited or
approved by the commission on dental accreditation and
administered by an accredited dental college or hospital.
(E) To be granted a license to practice dentistry, a graduate
of an unaccredited dental college located outside the United
States must meet both of the following requirements:
(1) Have taken a basic science and laboratory examination
consistent with rules adopted under section 4715.11 of the Revised
Code and received a passing score as established by the board;
(2) Have had sufficient clinical training in an accredited
institution to reasonably assure a level of competency equal to
that of graduates of accredited dental colleges, as determined by
the board.
Sec. 4715.13. (A) Applicants for licenses to practice
dentistry or for a general anesthesia permit or a conscious
intravenous sedation permit shall pay to the secretary of the
state dental board the following fees:
(1) For license to practice dentistry, two hundred dollars if
issued in an odd-numbered year or three hundred thirty-seven
dollars if issued in an even-numbered year;
(2) For duplicate license, to be granted upon proof of loss
of the original, twenty dollars;
(3) For a general anesthesia permit, one hundred twenty-seven
dollars;
(4) For a conscious intravenous sedation permit, one hundred
twenty-seven dollars.
(B) Twenty Forty dollars of each fee collected under division
(A)(1) of this section for a license issued in an even-numbered
year and ten twenty dollars of each fee collected under division
(A)(1) of this section in an odd-numbered year shall be paid to
the dentist loan repayment fund established under section 3702.95
of the Revised Code.
(C) In the case of a person who applies for a license to
practice dentistry by taking an examination administered by the
state dental board, both of the following apply:
(1) The fee in division (A)(1) of this section may be
refunded to an applicant who is unavoidably prevented from
attending the examination, or the applicant may be examined at the
next regular or special meeting of the board without an additional
fee.
(2) An applicant who fails the first examination may be
re-examined at the next regular or special meeting of the board
without an additional fee.
Sec. 4715.22. (A)(1) This section applies only when a
licensed dental hygienist is not practicing under a permit issued
pursuant to section 4715.363 of the Revised Code authorizing
practice under the oral health access supervision of a dentist.
(2) As used in this section, "health care facility" means
either of the following:
(a) A hospital registered under section 3701.07 of the
Revised Code;
(b) A "home" as defined in section 3721.01 of the Revised
Code.
(B) A licensed dental hygienist shall practice under the
supervision, order, control, and full responsibility of a dentist
licensed under this chapter. A dental hygienist may practice in a
dental office, public or private school, health care facility,
dispensary, or public institution. Except as provided in division
(C) or (D) of this section, a dental hygienist may not provide
dental hygiene services to a patient when the supervising dentist
is not physically present at the location where the dental
hygienist is practicing.
(C) A dental hygienist may provide, for not more than fifteen
consecutive business days, dental hygiene services to a patient
when the supervising dentist is not physically present at the
location at which the services are provided if all of the
following requirements are met:
(1) The dental hygienist has at least two years and a minimum
of three thousand hours of experience in the practice of dental
hygiene.
(2) The dental hygienist has successfully completed a course
approved by the state dental board in the identification and
prevention of potential medical emergencies.
(3) The dental hygienist complies with written protocols for
emergencies the supervising dentist establishes for emergencies.
(4) The dental hygienist does not perform, while the
supervising dentist is absent from the location, procedures while
the patient is anesthetized, definitive root planing, definitive
subgingival curettage, or other procedures identified in rules the
state dental board adopts.
(5) The supervising dentist has evaluated the dental
hygienist's skills.
(6) The supervising dentist examined the patient not more
than seven months one year prior to the date the dental hygienist
provides the dental hygiene services to the patient.
(7) The dental hygienist complies with written protocols or
written standing orders that the supervising dentist establishes.
(8) The supervising dentist completed and evaluated a medical
and dental history of the patient not more than one year prior to
the date the dental hygienist provides dental hygiene services to
the patient and, except when the dental hygiene services are
provided in a health care facility, the supervising dentist
determines that the patient is in a medically stable condition.
(9) If the dental hygiene services are provided in a health
care facility, a doctor of medicine and surgery or osteopathic
medicine and surgery who holds a current certificate issued under
Chapter 4731. of the Revised Code or a registered nurse licensed
under Chapter 4723. of the Revised Code is present in the health
care facility when the services are provided.
(10) In advance of the appointment for dental hygiene
services, the patient is notified that the supervising dentist
will be absent from the location and that the dental hygienist
cannot diagnose the patient's dental health care status.
(11) The dental hygienist is employed by, or under contract
with, one of the following:
(a) The supervising dentist;
(b) A dentist licensed under this chapter who is one of the
following:
(i) The employer of the supervising dentist;
(ii) A shareholder in a professional association formed under
Chapter 1785. of the Revised Code of which the supervising dentist
is a shareholder;
(iii) A member or manager of a limited liability company
formed under Chapter 1705. of the Revised Code of which the
supervising dentist is a member or manager;
(iv) A shareholder in a corporation formed under division (B)
of section 1701.03 of the Revised Code of which the supervising
dentist is a shareholder;
(v) A partner or employee of a partnership or a limited
liability partnership formed under Chapter 1775. or 1776. of the
Revised Code of which the supervising dentist is a partner or
employee.
(c) A government entity that employs the dental hygienist to
provide dental hygiene services in a public school or in
connection with other programs the government entity administers.
(D) A dental hygienist may provide dental hygiene services to
a patient when the supervising dentist is not physically present
at the location at which the services are provided if the services
are provided as part of a dental hygiene program that is approved
by the state dental board and all of the following requirements
are met:
(1) The program is operated through a school district board
of education or the governing board of an educational service
center; the board of health of a city or general health district
or the authority having the duties of a board of health under
section 3709.05 of the Revised Code; a national, state, district,
or local dental association; or any other public or private entity
recognized by the state dental board.
(2) The supervising dentist is employed by or a volunteer
for, and the patients are referred by, the entity through which
the program is operated.
(3)(a) Except as provided in division (D)(3)(b) of this
section, the services are performed after examination and
diagnosis by the dentist and in accordance with the dentist's
written treatment plan.
(b) The requirement in division (D)(3)(a) of this section
does not apply when the only service to be provided by the dental
hygienist is the placement of pit and fissure sealants.
(E) No person shall do either of the following:
(1) Practice dental hygiene in a manner that is separate or
otherwise independent from the dental practice of a supervising
dentist;
(2) Establish or maintain an office or practice that is
primarily devoted to the provision of dental hygiene services.
(F) The state dental board shall adopt rules under division
(C) of section 4715.03 of the Revised Code identifying procedures
a dental hygienist may not perform when practicing in the absence
of the supervising dentist pursuant to division (C) or (D) of this
section.
The board shall not identify the re-cementation of
temporary crowns as one of those procedures.
Sec. 4715.23. The practice of a dental hygienist shall
consist of those prophylactic, preventive, and other procedures
that licensed dentists are authorized by this chapter and rules of
the dental board to assign only to licensed dental hygienists or
to qualified personnel under section 4715.39 of the Revised Code.
Licensed dentists may assign to dental hygienists intraoral
tasks that do not require the professional competence or skill of
the licensed dentist and that are authorized by board rule. Such
performance of intraoral tasks by dental hygienists shall be under
supervision and full responsibility of the licensed dentist, and
at no time shall more than three four dental hygienists be
practicing clinical hygiene under the supervision of the same
dentist. The foregoing shall not be construed as authorizing the
assignment of diagnosis, treatment planning and prescription
(including prescriptions for drugs and medicaments or
authorizations for restorative, prosthodontic, or orthodontic
appliances); or, except when done in conjunction with the removal
of calcarious deposits, dental cement, or accretions on the crowns
and roots of teeth, surgical procedures on hard and soft tissues
within the oral cavity or any other intraoral procedure that
contributes to or results in an irremediable alteration of the
oral anatomy; or the making of final impressions from which casts
are made to construct any dental restoration.
The state dental board shall issue rules defining the
procedures that may be performed by licensed dental hygienists
engaged in school health activities or employed by public
agencies.
Sec. 4715.363. (A) A dental hygienist who desires to
participate in the oral health access supervision program shall
apply to the state dental board for a permit to practice under the
oral health access supervision of a dentist. The application shall
be under oath, on a form prescribed by the board in rules adopted
under section 4715.372 of the Revised Code, and accompanied by an
application fee of twenty dollars, which may be paid by personal
check.
(B) The applicant shall provide evidence satisfactory to the
board that the applicant has done all of the following:
(1) Completed at least two years and attained a minimum of
three thousand hours of experience in the practice of dental
hygiene;
(2) Completed at least twenty-four hours of continuing dental
hygiene education during the two years prior to submission of the
application;
(3) Completed a course pertaining to the practice of dental
hygiene under the oral health access supervision of a dentist that
meets standards established in rules adopted under section
4715.372 of the Revised Code;
(4) Completed, during the two years prior to submission of
the application, a course pertaining to the identification and
prevention of potential medical emergencies that is the same as
the course described in division (C)(2) of section 4715.22 of the
Revised Code.
(C) The state dental board shall issue a permit to practice
under the oral health access supervision of a dentist to a dental
hygienist who is in good standing with the board and meets all of
the requirements of divisions (A) and (B) of this section.
Sec. 4715.366. (A) A dental hygienist providing dental
hygiene services under a permit issued under section 4715.363 of
the Revised Code to practice under the oral health access
supervision of a dentist shall do both of the following:
(1) Comply with written protocols established by the
authorizing dentist who authorizes the dental hygienist's
provision of services and standing orders established by the
authorizing dentist, including protocols and standing orders
regarding emergencies and, for the purpose of section 4715.365 of
the Revised Code, protocols regarding what constitutes a medically
significant change to a patient's medical or dental history;
(2) Immediately following the completion of the dental
hygiene services and subject to division (B) of this section,
direct the patient to the authorizing a dentist for a clinical
evaluation and schedule or cause to be scheduled an appointment
for the patient with the authorizing dentist.
(B) For purposes of division (A)(2) of this section, the
dental hygienist shall make every attempt to schedule the
patient's appointment with the authorizing dentist not later than
ninety days six months after the completion of the dental hygiene
services. The dental hygienist shall provide the patient with a
written notice of the appointment that includes, at a minimum, the
authorizing dentist's name, address, and telephone number; the
date and time of the appointment; and a statement of the dental
hygiene services performed by the hygienist. The notice shall be
given to the patient or the patient's representative and one copy
shall be given to the authorizing dentist.
Sec. 4715.371. The state dental board shall develop and
publish on its internet web site a directory containing the names
and contact information, including electronic mail addresses, of
dentists and dental hygienists who hold current, valid permits
issued under sections 4715.362 and 4715.363 of the Revised Code.
Sec. 4715.39. (A) The state dental board may define the
duties that may be performed by dental assistants and other
individuals designated by the board as qualified personnel. If
defined, the duties shall be defined in rules adopted in
accordance with Chapter 119. of the Revised Code. The rules may
include training and practice standards for dental assistants and
other qualified personnel. The standards may include examination
and issuance of a certificate. If the board issues a certificate,
the recipient shall display the certificate in a conspicuous
location in any office in which the recipient is employed to
perform the duties authorized by the certificate.
(B) A dental assistant may polish the clinical crowns of
teeth if all of the following requirements are met:
(1) The dental assistant's polishing activities are limited
to the use of a rubber cup attached to a slow-speed rotary dental
hand piece to remove soft deposits that build up over time on the
crowns of teeth.
(2) The polishing is performed only after a dentist has
evaluated the patient and any calculus detected on the teeth to be
polished has been removed by a dentist or dental hygienist.
(3) The dentist supervising the assistant supervises not more
than two dental assistants engaging in polishing activities at any
given time.
(4) The dental assistant is certified by the dental assisting
national board or the Ohio commission on dental assistant
certification.
(5) The dental assistant receives a certificate from the
board authorizing the assistant to engage in the polishing
activities. The board shall issue the certificate if the
individual has successfully completed training in the polishing of
clinical crowns through a program accredited by the American
dental association commission on dental accreditation or
equivalent training approved by the board. The training shall
include courses in basic dental anatomy and infection control,
followed by a course in coronal polishing that includes didactic,
preclinical, and clinical training; any other training required by
the board; and a skills assessment that includes successful
completion of standardized testing. The board shall adopt rules
pursuant to division (A) of this section establishing standards
for approval of this training.
(C) A dental assistant may apply pit and fissure sealants if
all of the following requirements are met:
(1) A dentist evaluates the patient and designates the teeth
and surfaces that will benefit from the application of sealant on
the day the application is to be performed.
(2) The dental assistant is certified by the dental assisting
national board or the Ohio commission on dental assistant
certification.
(3) The dental assistant has successfully completed a course
in the application of sealants consisting of at least two hours of
didactic instruction and six hours of clinical instruction through
a program provided by an institution accredited by the American
dental association commission on dental accreditation or a program
provided by a sponsor of continuing education approved by the
board.
(4) The dentist supervising the assistant has observed the
assistant successfully apply at least six sealants.
(5) The Except as provided in division (D) of this section,
the dentist supervising the assistant checks and approves the
application of all sealants placed by the assistant before the
patient leaves the location where the sealant application
procedure is performed.
(D)(1) A dental assistant who is certified by the dental
assisting national board or the Ohio commission on dental
assistant certification may provide, for not more than fifteen
consecutive business days, the services specified in division
(D)(2) of this section to a patient when the supervising dentist
is not physically present at the location where the services are
provided if all of the following conditions are met:
(a) The dental assistant has at least two years and a minimum
of three thousand hours of experience practicing as a dental
assistant.
(b) The dental assistant has successfully completed a course
approved by the state dental board in the identification and
prevention of potential medical emergencies.
(c) The dental assistant complies with written protocols the
supervising dentist establishes for emergencies.
(d) The supervising dentist has evaluated the dental
assistant's skills.
(e) The supervising dentist examined the patient not more
than one year prior to the date the dental assistant provides the
services to the patient.
(f) The dental assistant complies with written protocols or
written standing orders that the supervising dentist establishes.
(g) The supervising dentist completed and evaluated a medical
and dental history of the patient not more than one year prior to
the date the dental assistant provides services to the patient
and, except when the services are provided in a health care
facility, the supervising dentist determines that the patient is
in a medically stable condition.
(h) If the services are provided in a health care facility, a
doctor of medicine and surgery or osteopathic medicine and surgery
who holds a current certificate issued under Chapter 4731. of the
Revised Code or a registered nurse licensed under Chapter 4723. of
the Revised Code is present in the health care facility when the
services are provided.
(i) In advance of the appointment for services, the patient
is notified that the supervising dentist will be absent from the
location and that the dental assistant cannot diagnose the
patient's dental health care status.
(j) The dental assistant is employed by, or under contract
with, the supervising dentist, a dentist licensed under this
chapter who meets one of the criteria specified in division
(C)(11)(b) of section 4715.22 of the Revised Code, or a government
entity that employs the dental assistant to provide services in a
public school or in connection with other programs the government
entity administers.
(2) The services that a dental assistant may provide under
the conditions specified in division (A)(1) of this section are
all of the following:
(a) The re-cementation of temporary crowns;
(b) The application of topical fluoride;
(c) The application of fluoride varnish;
(d) The application of disclosing solutions;
(e) The application of desensitizing agents;
(f) Carries susceptibility testing;
(g) The demonstration of oral hygiene procedures, including
the use of toothbrushes and dental floss;
(h) The discussion of proper nutrition.
(3) A dental assistant who is certified by the dental
assisting national board or the Ohio commission on dental
assistant certification and meets the conditions specified in
divisions (D)(1)(a) and (b) of this section may apply pit and
fissure sealants prior to a dentist examining the patient and
rendering a diagnosis, and when a dentist is not physically
present at the location where the service is provided, subject to
all of the following:
(a) The dental assistant must be providing the service as
part of a program operated through any of the following: a school
district board of education or the governing board of an
educational service center; the board of health of a city or
general health district or the authority having the duties of a
board of health under section 3709.05 of the Revised Code; a
national, state, district, or local dental association; or any
other public or private entity recognized by the state dental
board.
(b) A supervising dentist for the program described in
division (D)(3)(a) of this section must meet both of the following
conditions:
(i) Be employed by or a volunteer for, and the patients are
referred by, the entity through which the program is operated;
(ii) Be available for consultation by telephone,
videoconferencing, or other means of electronic communication.
(c) The application of pit and fissure sealants must be
limited to erupted permanent posterior teeth without suspicion of
cavitation.
(d) If the patient is a minor, a parent, guardian, or other
person responsible for the patient must be notified that a dentist
will not be present at the location and that the dental assistant
is not trained to diagnose or treat other serious dental concerns
that could exist.
(E) Subject to this section and the applicable rules of the
board, licensed dentists may assign to dental assistants and other
qualified personnel dental procedures that do not require the
professional competence or skill of the licensed dentist, a dental
hygienist, or an expanded function dental auxiliary as this
section or the board by rule authorizes dental assistants and
other qualified personnel to perform. The Except as provided in
division (D) of this section, the performance of dental procedures
by dental assistants and other qualified personnel shall be under
direct supervision and full responsibility of the licensed
dentist.
(E)(F) Nothing in this section shall be construed by rule of
the state dental board or otherwise to do the following:
(1) Authorize dental assistants or other qualified personnel
to engage in the practice of dental hygiene as defined by sections
4715.22 and 4715.23 of the Revised Code or to perform the duties
of a dental hygienist, including the removal of calcarious
deposits, dental cement, or accretions on the crowns and roots of
teeth other than as authorized pursuant to this section;
(2) Authorize dental assistants or other qualified personnel
to engage in the practice of an expanded function dental auxiliary
as specified in section 4715.64 of the Revised Code or to perform
the duties of an expanded function dental auxiliary other than as
authorized pursuant to this section.
(3) Authorize the assignment of any of the following:
(b) Treatment planning and prescription, including
prescription for drugs and medicaments or authorization for
restorative, prosthodontic, or orthodontic appliances;
(c) Surgical procedures on hard or soft tissue of the oral
cavity, or any other intraoral procedure that contributes to or
results in an irremediable alteration of the oral anatomy;
(d) The making of final impressions from which casts are made
to construct any dental restoration.
(F)(G) No dentist shall assign any dental assistant or other
individual acting in the capacity of qualified personnel to
perform any dental procedure that the assistant or other
individual is not authorized by this section or by board rule to
perform. No dental assistant or other individual acting in the
capacity of qualified personnel shall perform any dental procedure
other than in accordance with this section and any applicable
board rule or any dental procedure that the assistant or other
individual is not authorized by this section or by board rule to
perform.
Sec. 4715.421. (A) As used in this section, "operation" has
the same meaning as in section 2305.234 of the Revised Code.
(B) Within thirty days after receiving an application for a
temporary volunteer's certificate that includes all of the items
listed in divisions (C)(1) and (2) of this section, the state
dental board shall issue, without examination, a temporary
volunteer's certificate to a person not licensed under this
chapter so that the person may provide dental services in this
state as a volunteer.
(C) An application for a temporary volunteer's certificate
shall include both of the following:
(1) A copy of the applicant's degree from a dental college or
dental hygiene school;
(2) One of the following, as applicable:
(a) Evidence satisfactory to the board that the applicant
holds a valid, unrestricted license to practice dentistry or
dental hygiene issued by a jurisdiction in the United States that
licenses persons to practice dentistry or dental hygiene;
(b) Evidence satisfactory to the board that the applicant is
practicing dentistry or dental hygiene in one or more branches of
the United States armed services.
(D) The holder of a temporary volunteer's certificate shall
not accept any form of remuneration for providing dental services
pursuant to the certificate. Except in a dental emergency, the
holder shall not perform any operation. The board may revoke a
temporary volunteer's certificate on receiving proof satisfactory
to the board that the holder has engaged in practice in this state
outside the scope of the holder's certificate or that there are
grounds for action against the person under section 4715.30 of the
Revised Code.
(E)(1) A temporary volunteer's certificate shall be valid for
a period of seven days, and may be renewed upon the application of
the holder, unless the certificate was previously revoked under
division (D) of this section. The board shall maintain a register
of all persons who hold a temporary volunteer's certificate. The
board may charge a fee not to exceed twenty-five dollars for
issuing or renewing a certificate pursuant to this section.
(2) The board shall issue to each person who qualifies under
this section for a temporary volunteer's certificate a wallet
certificate that states that the certificate holder is authorized
to provide dental services pursuant to the laws of this state. The
holder shall keep the wallet certificate on the holder's person
while providing dental services.
(3) The holder of a temporary volunteer's certificate issued
pursuant to this section is subject to the immunity provisions in
section 2305.234 of the Revised Code.
(F) The board shall adopt rules in accordance with Chapter
119. of the Revised Code to administer and enforce this section.
(G) Not later than ninety days after the effective date of
this section, the state dental board shall make available through
the board's internet web site the application form for a temporary
volunteer's certificate under this section, a description of the
application process, and a list of all items that are required by
division (C) of this section to be submitted with the application.
Sec. 4715.64. (A) The Subject to divisions (B), (C), and (D)
of this section, the practice of an expanded function dental
auxiliary shall consist of the following:
(1) The procedures involved in the placement of restorative
materials limited to amalgam restorative materials and
non-metallic nonmetallic restorative materials, including
direct-bonded restorative materials;
(2) The procedures involved in the placement of application
of pit and fissure sealants;
(3) The re-cementation of temporary crowns;
(4) The application of topical fluoride;
(5) The application of fluoride varnish;
(6) The application of disclosing solutions;
(7) The application of desensitizing agents;
(8) Carries susceptibility testing;
(9) The demonstration of oral hygiene procedures, including
the use of toothbrushes and dental floss;
(10) The discussion of proper nutrition;
(11) Any additional procedures authorized by the state dental
board in rules adopted under section 4715.66 of the Revised Code.
(B) An expanded function dental auxiliary shall practice
perform the services specified in divisions (A)(1) and (11) of
this section only under the direct supervision, order, control,
and full responsibility of a dentist licensed under this chapter.
At no time shall more than two expanded function dental
auxiliaries be practicing as expanded function dental auxiliaries
under the direct supervision of the same dentist. An Except as
provided in divisions (C) and (D) of this section, an expanded
function dental auxiliary shall not practice as an expanded
function dental auxiliary when the supervising dentist is not
physically present at the location where the expanded function
dental auxiliary is practicing.
(C) An expanded function dental auxiliary may perform, for
not more than fifteen consecutive days, the services specified in
divisions (A)(3) to (10) of this section when the supervising
dentist is not physically present at the location where the
expanded function dental auxiliary is practicing if all of the
following conditions are met:
(1) The expanded function dental auxiliary has at least two
years and a minimum of three thousand hours of experience
practicing as an expanded function dental auxiliary.
(2) The expanded function dental auxiliary has successfully
completed a course approved by the board in the identification and
prevention of potential medical emergencies.
(3) The expanded function dental auxiliary complies with
written protocols the supervising dentist establishes for
emergencies.
(4) The supervising dentist has evaluated the expanded
function dental auxiliary's skills.
(5) The supervising dentist examined the patient not more
than one year prior to the date the expanded function dental
auxiliary provides services to the patient.
(6) The expanded function dental auxiliary complies with
written protocols or written standing orders that the supervising
dentist establishes.
(7) The supervising dentist completed and evaluated a medical
and dental history of the patient not more than one year prior to
the date the expanded function dental auxiliary provides services
to the patient and, except when the services are provided in a
health care facility, the supervising dentist determines that the
patient is in a medically stable condition.
(8) If the services are provided in a health care facility, a
doctor of medicine and surgery or osteopathic medicine and surgery
who holds a current certificate issued under Chapter 4731. of the
Revised Code or a registered nurse licensed under Chapter 4723. of
the Revised Code is present in the health care facility when the
services are provided.
(9) In advance of the appointment for services, the patient
is notified that the supervising dentist will be absent from the
location and that the expanded function dental auxiliary cannot
diagnose the patient's dental health care status.
(10) The expanded function dental auxiliary is employed by,
or under contract with, the supervising dentist, a dentist
licensed under this chapter who meets one of the criteria
specified in division (C)(11)(b) of section 4715.22 of the Revised
Code, or a government entity that employs the expanded function
dental auxiliary to provide services in a public school or in
connection with other programs the government entity administers.
(D) An expanded function dental auxiliary who meets the
conditions specified in divisions (C)(1) and (2) of this section
may apply pit and fissure sealants prior to a dentist examining
the patient and rendering a diagnosis, and when a dentist is not
physically present at the location where the service is provided,
subject to all of the following:
(1) The expanded function dental auxiliary must be providing
the service as part of a program operated through any of the
following: a school district board of education or the governing
board of an educational service center; the board of health of a
city or general health district or the authority having the duties
of a board of health under section 3709.05 of the Revised Code; a
national, state, district, or local dental association; or any
other public or private entity recognized by the state dental
board.
(2) A supervising dentist for the program described in
division (D)(3) of this section must meet both of the following
conditions:
(a) Be employed by or a volunteer for, and the patients are
referred by, the entity through which the program is operated;
(b) Be available for consultation by telephone,
videoconferencing, or other means of electronic communication.
(3) The application of pit and fissure sealants must be
limited to erupted permanent posterior teeth without suspicion of
cavitation.
(4) If the patient is a minor, a parent, guardian, or other
person responsible for the patient must be notified that a dentist
will not be present at the location and that the expanded function
dental auxiliary is not trained to diagnose or treat other serious
dental concerns that could exist.
(E) Nothing in this section shall be construed by rule of the
board or otherwise to authorize an expanded function dental
auxiliary to engage in the practice of dental hygiene as defined
by sections 4715.22 and 4715.23 of the Revised Code.
Sec. 4715.66. (A) The state dental board shall adopt rules as
the board considers necessary to implement and administer sections
4715.61 to 4715.64 of the Revised Code. The rules shall be adopted
in accordance with Chapter 119. of the Revised Code.
(B) In adopting rules under this section, all of the
following apply:
(1) The board shall adopt rules specifying the education or
training necessary for an individual to register as an expanded
function dental auxiliary under this chapter.
(2) The board shall adopt rules specifying the standards that
must be met for an examination to be accepted by the board as an
examination of competency to practice as an expanded function
dental auxiliary. In specifying the standards, the board shall
provide that an examination will be accepted only if the entity
that administered the examination required an individual to be one
of the following as a condition of admission to the examination:
(a) An unlicensed dentist who has graduated from an
accredited dental college, as specified in section 4715.10 of the
Revised Code, and does not have a dental license under suspension
or revocation by the board;
(b) A dental student who is enrolled in an accredited dental
college, as specified in section 4715.10 of the Revised Code, and
is considered by the dean of the college to be in good standing as
a dental student;
(c) A graduate of a dental college located outside of the
United States;
(d) A dental assistant who is certified by the dental
assisting national board or the Ohio commission on dental
assistant certification;
(e) A dental hygienist licensed under this chapter whose
license is in good standing;
(f) An unlicensed dental hygienist who has graduated from an
accredited dental hygiene school, as specified in section 4715.21
of the Revised Code, and does not have a dental hygienist license
under suspension or revocation by the board.
(3) The board may adopt rules specifying procedures an
expanded function dental auxiliary may perform that are in
addition to the procedures specified in divisions (A)(1) and (2)
to (10) of section 4715.64 of the Revised Code.
Section 2. That existing sections 3333.61, 4715.10, 4715.13,
4715.22, 4715.23, 4715.363, 4715.366, 4715.371, 4715.39, 4715.64,
and 4715.66 of the Revised Code are hereby repealed.
Section 3. (A) There is hereby created the Medicaid Payment
Rates for Dental Services Workgroup. The Workgroup shall consist
of all of the following:
(1) The Medicaid Director or the Director's designee;
(2) The Director of Health or the Director's designee;
(3) Two members of the Senate, one from the majority party
and the other from the minority party, appointed by the President
of the Senate;
(4) Two members of the House of Representatives, one from the
majority party and the other from the minority party, appointed by
the Speaker of the House of Representatives;
(5) Four dentists who have valid Medicaid provider agreements
and practice in different geographic areas of the state, appointed
by the executive director of the Ohio Dental Association.
(B) Appointments to the Workgroup shall be made not later
than thirty days after the effective date of this section. Except
to the extent that serving on the Workgroup is part of a member's
regular employment duties, a member of the Workgroup shall not be
paid for the member's service on the Workgroup. Members of the
Workgroup shall not be reimbursed for their expenses incurred in
serving on the Workgroup.
(C) The Medicaid Director or Director's designee shall serve
as the Workgroup's chairperson. The Workgroup shall meet at the
call of the chairperson.
(D) The Department of Medicaid shall provide staff and other
support services for the Workgroup.
(E) The Workgroup shall study the issue of Medicaid payment
rates for dental services. Not later than December 31, 2014, the
Workgroup shall submit a report of its study to the Governor and,
in accordance with section 101.68 of the Revised Code, the General
Assembly. The report shall include recommendations regarding
Medicaid payment rates for dental services. The Workgroup shall
cease to exist on submission of its report.
Section 4. Not later than July 1, 2015, the Development
Services Agency shall enter into a contract with JobsOhio. This
contract shall specify that JobsOhio shall use $250,000 in the
fiscal year ending June 30, 2016, to provide no-interest loans for
the purchase of dental equipment to be used for the treatment of
underserved populations in dental health resource shortage areas
designated by the Director of Health under section 3702.87 of the
Revised Code. The Development Services Agency shall coordinate
duties with JobsOhio through this contract.
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