CHAPTER 1. REGULATION OF DENTAL HYGIENISTS BY STATE BOARD OF DENTISTRY
IC 25-13
ARTICLE 13. DENTAL HYGIENISTS
IC 25-13-1
Chapter 1. Regulation of Dental Hygienists by State Board of
Dentistry
IC 25-13-1-1
Short title
Sec. 1. This chapter may be known and cited as The Dental
Hygienist Act of Indiana.
(Formerly: Acts 1945, c.90, s.1.) As amended by Acts 1982, P.L.154,
SEC.46.
IC 25-13-1-2
Definitions
Sec. 2. As used in this article:
(a) "Dental hygienist" means one who is especially educated and
trained in the science and art of maintaining the dental health of the
individual or community through prophylactic or preventive
measures applied to the teeth and adjacent structures.
(b) "License" means the license to practice dental hygiene issued
by the state board of dentistry to dental hygienist candidates who
satisfactorily pass the board's examinations.
(c) "Board" means the state board of dentistry established by
IC 25-14-1.
(d) "Proprietor dentist" means a licensed dentist who is the owner
and operator of the dental office in which he practices the profession
of dentistry and who employs at least one (1) dentist or dental
hygienist to supplement his operation and conduct of his dental
office.
(e) "Employer dentist" means a proprietor dentist who employs at
least one (1) dental hygienist to supplement his dental service to his
clientele.
(f) "Referral" means a recommendation that a patient seek further
dental care from a licensed dentist, but not a specific dentist.
(g) "Screening" means to identify and assess the health of the hard
or soft tissues of the human oral cavity.
(h) "Public health setting" means a location, including a mobile
health care vehicle, where the public is invited for health care,
information, and services by a program sponsored or endorsed by a
governmental entity or charitable organization.
(i) "Direct supervision" means that a licensed dentist is physically
present in the facility when patient care is provided by the dental
hygienist.
(j) "Prescriptive supervision" means that a licensed dentist is not
required to be physically present in the facility when patient care is
provided by the dental hygienist if a licensed dentist has examined
the patient and has prescribed the patient care within the previous
forty-five (45) days.
(Formerly: Acts 1945, c.90, s.2; Acts 1971, P.L.371, SEC.1.) As
amended by Acts 1981, P.L.222, SEC.109; P.L.185-1991, SEC.1;
P.L.24-1999, SEC.7; P.L.134-2008, SEC.19.
IC 25-13-1-3
Necessity of license; Class B misdemeanor
Sec. 3. (a) Except as otherwise provided in this chapter, it is
unlawful for any person to practice dental hygiene in Indiana without
a license from the board authorizing that person to practice dental
hygiene in this state.
(b) A person who knowingly or intentionally violates this section
commits a Class B misdemeanor.
(Formerly: Acts 1945, c.90, s.3.) As amended by Acts 1981, P.L.222,
SEC.110; P.L.30-2005, SEC.1.
IC 25-13-1-4
License; application; examination; fee
Sec. 4. (a) Any person desiring to practice dental hygiene in
Indiana must procure from the board a license to practice dental
hygiene. To procure a license, the applicant must submit to the board
proof of graduation from an institution for educating dental
hygienists that is approved by the board and other credentials
required by this chapter, together with an application on forms
prescribed and furnished by the board. Each applicant must pay to
the board an application fee set by the board under section 5 of this
chapter at the time the application is made and must pass an
examination satisfactory to the board. For those applicants who fail
to pass an initial examination, subsequent examinations may be had
before the board upon payment of a fee set by the board under
section 5 of this chapter for each subsequent examination. The board
may establish under section 5 of this chapter additional requirements
as a prerequisite to taking an examination for any applicant who has
failed the examination two (2) or more times. Application fees are
not refundable.
(b) An applicant described under subsection (a) shall, at the
request of the board, make an appearance before the board.
(Formerly: Acts 1945, c.90, s.4; Acts 1971, P.L.371, SEC.2.) As
amended by Acts 1981, P.L.222, SEC.111; Acts 1982, P.L.113,
SEC.46; P.L.169-1985, SEC.39; P.L.152-1988, SEC.10;
P.L.48-1991, SEC.24.
IC 25-13-1-5
Powers and duties of board
Sec. 5. (a) The board shall enforce this chapter.
(b) The board may adopt rules consistent with this chapter and
with IC 25-14-1 necessary for the proper enforcement of this chapter,
the examination of dental hygienists, and for the conduct of the
practice of dental hygiene.
(c) The board may utilize a dental hygienist education program's
accreditation by the Commission on Dental Accreditation of the
American Dental Association as evidence that the program has met
all or part of the standards for dental hygienist education programs
established by the board.
(Formerly: Acts 1945, c.90, s.5.) As amended by Acts 1981, P.L.222,
SEC.112; P.L.354-1989(ss), SEC.1.
IC 25-13-1-6
Qualifications of applicant
Sec. 6. When applying to the board for examination, the applicant
must submit an application and the applicant's credentials, except for
proof of the applicant's graduation from an institution for educating
dental hygienists, in the form and manner prescribed by the board at
least forty-five (45) days prior to the examination date. The applicant
must submit proof of the applicant's graduation at least seven (7)
days before the examination date. The applicant:
(1) must not have been convicted of a crime that has a direct
bearing on the applicant's ability to practice competently; and
(2) must be a graduate of a school for dental hygienists that:
(A) is accredited by the Commission on Dental
Accreditation of the American Dental Association;
(B) is recognized by the board; and
(C) requires a formal course of training of not less than two
(2) years of eight (8) months each.
(Formerly: Acts 1945, c.90, s.6; Acts 1963, c.112, s.1.) As amended
by Acts 1981, P.L.222, SEC.113; Acts 1982, P.L.113, SEC.47;
P.L.169-1985, SEC.40; P.L.149-1987, SEC.27; P.L.185-1991,
SEC.2; P.L.48-1991, SEC.25; P.L.24-1999, SEC.8.
IC 25-13-1-6.1
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-13-1-7
Dental hygienist examinations
Sec. 7. The board's examination of applicants to practice dental
hygiene shall be held at such time and place as may be called by the
board for its examination of applicants for dental license. The dental
hygienist examination shall include a practical clinical test, the
applicant supplying the patient and necessary instruments and
equipment, and such written or oral examination (or both) embracing
the subjects taught in dental hygienist's schools as the board may
require. The board may recognize licenses issued by other states as
provided in section 17 of this chapter, and may recognize the
examination of the national board of dental examiners, if it is
consistent with the board's requirements.
(Formerly: Acts 1945, c.90, s.7; Acts 1963, c.112, s.2.) As amended
by Acts 1981, P.L.222, SEC.114.
IC 25-13-1-8
License; issuance; duration; fees; renewal
Sec. 8. (a) A license to practice dental hygiene in Indiana shall be
issued to candidates who pass the board's examinations. The license
shall be valid for the remainder of the renewal period in effect on the
date the license was issued.
(b) Prior to the issuance of the license, the applicant shall pay a
fee set by the board under section 5 of this chapter. A license issued
by the board expires on a date specified by the Indiana professional
licensing agency under IC 25-1-5-4(k) of each even-numbered year.
(c) An applicant for license renewal must satisfy the following
conditions:
(1) Pay the renewal fee set by the board under section 5 of this
chapter on or before the renewal date specified by the Indiana
professional licensing agency in each even-numbered year.
(2) Subject to IC 25-1-4-3, provide the board with a sworn
statement signed by the applicant attesting that the applicant has
fulfilled the continuing education requirements under
IC 25-13-2.
(3) Be currently certified or successfully complete a course in
basic life support through a program approved by the board.
The board may waive the basic life support requirement for
applicants who show reasonable cause.
(d) If the holder of a license does not renew the license on or
before the renewal date specified by the Indiana professional
licensing agency, the license expires and becomes invalid without
any action by the board.
(e) A license invalidated under subsection (d) may be reinstated
by the board in three (3) years or less after such invalidation if the
holder of the license meets the requirements under IC 25-1-8-6(c).
(f) If a license remains invalid under subsection (d) for more than
three (3) years, the holder of the invalid license may obtain a
reinstated license by meeting the requirements for reinstatement
under IC 25-1-8-6(d).
(g) The board may require the holder of an invalid license who
files an application under this subsection to appear before the board
and explain why the holder failed to renew the license.
(h) The board may adopt rules under section 5 of this chapter
establishing requirements for the reinstatement of a license that has
been invalidated for more than three (3) years.
(i) The license to practice must be displayed at all times in plain
view of the patients in the office where the holder is engaged in
practice. No person may lawfully practice dental hygiene who does
not possess a license and its current renewal.
(j) Biennial renewals of licenses are subject to the provisions of
IC 25-1-2.
(Formerly: Acts 1945, c.90, s.8; Acts 1963, c.112, s.3; Acts 1971,
P.L.371, SEC.3.) As amended by Acts 1981, P.L.222, SEC.115; Acts
1982, P.L.113, SEC.48; P.L.169-1985, SEC.41; P.L.149-1987,
SEC.29; P.L.185-1991, SEC.3; P.L.179-1996, SEC.1; P.L.44-2000,
SEC.2; P.L.269-2001, SEC.7; P.L.1-2006, SEC.429; P.L.105-2008,
SEC.27.
IC 25-13-1-9
Repealed
(Repealed by Acts 1971, P.L.371, SEC.4.)
IC 25-13-1-10
Locations for practice of dental hygiene; supervision requirements
Sec. 10. (a) A licensed dental hygienist may practice dental
hygiene in Indiana in the following:
(1) A dental office or clinical setting, except as described in
subdivisions (3) through (5), where the dental hygienist is
practicing under the direct supervision of a legally practicing
dentist.
(2) A dental school or dental hygiene school to teach and
demonstrate the practice of dental hygiene if direct supervision
by a licensed dentist is provided for training on providing local
anesthetics by injection.
(3) The dental clinic of any public, parochial, or private school
or other institution supported by public or private funds in
which the licensee is employed by the state department of
health or any county or city board of health or board of
education or school trustee or parochial authority or the
governing body of any private school where the dental hygienist
is practicing under the direct or prescriptive supervision of a
licensed dentist.
(4) The dental clinic of a bona fide hospital, sanitarium, or
charitable institution duly established and being operated under
the laws of Indiana in which the licensee is employed by the
directors or governing board of such hospital, sanitarium, or
institution. However, such practice must be under the direct or
prescriptive supervision at all times of a licensed dentist who is
a staff member of the hospital or sanitarium or a member of the
governing board of the institution.
(5) A:
(A) fixed charitable dental care clinic;
(B) public health setting; or
(C) correctional institution;
that has been approved by the board and where the dental
hygienist is under the direct or prescriptive supervision of a
licensed dentist.
(b) A licensed dental hygienist may provide without supervision
the following:
(1) Dental hygiene instruction and in-service training without
restriction on location.
(2) Screening and referrals for any person in a public health
setting.
(Formerly: Acts 1945, c.90, s.10.) As amended by Acts 1981,
P.L.222, SEC.116; P.L.169-1985, SEC.42; P.L.155-1988, SEC.4;
P.L.185-1991, SEC.4; P.L.2-1992, SEC.766; P.L.121-2007, SEC.3;
P.L.134-2008, SEC.20.
IC 25-13-1-10.5
Dental hygienist students; anesthetics
Sec. 10.5. A student pursuing a course of study in dental hygiene
may administer dental anesthetics during an educational course on
the practice of dental anesthetics if the course is:
(1) supervised by a dentist trained in the administration of
dental anesthetics; and
(2) conducted at a school described in section 6(2) of this
chapter.
As added by P.L.121-2007, SEC.4.
IC 25-13-1-10.6
Administration of local dental anesthetics by dental hygienists
Sec. 10.6. (a) A licensed dental hygienist may administer local
dental anesthetics under the direct supervision of a licensed dentist
if the dental hygienist has:
(1) completed board approved educational requirements,
including cardiopulmonary resuscitation and emergency care
training; and
(2) received a board issued dental hygiene anesthetic permit.
(b) Local dental anesthetics do not include nitrous oxide or similar
anesthetics.
As added by P.L.134-2008, SEC.21.
IC 25-13-1-11
Practice of dental hygiene; acts performed
Sec. 11. A person is deemed to be practicing dental hygiene
within the meaning of this chapter who:
(1) uses the titles "Licensed Dental Hygienist", "Dental
Hygienist", or the letters "L.D.H." or "D.H." in connection with
his or her name;
(2) holds himself or herself out to the public in any manner that
he or she can or will render services as a dental hygienist;
(3) removes calcific deposits or accretions from the surfaces of
human teeth or cleans or polishes such teeth;
(4) applies and uses within the patient's mouth such antiseptic
sprays, washes, or medicaments for the control or prevention of
dental caries as his or her employer dentist may direct;
(5) treats gum disease;
(6) uses impressions and x-ray photographs for treatment
purposes; or
(7) administers local dental anesthetics, except for the
administration of local dental anesthetics by:
(A) a dentist as provided in IC 25-14-1-23(a)(6); or
(B) a physician licensed under IC 25-22.5.
(Formerly: Acts 1945, c.90, s.11; Acts 1963, c.112, s.4; Acts 1971,
P.L.371, SEC.5.) As amended by Acts 1981, P.L.222, SEC.117;
P.L.155-1988, SEC.5; P.L.134-2008, SEC.22.
IC 25-13-1-12
Exceptions
Sec. 12. Nothing in this chapter shall be interpreted or implied as
operating to prevent:
(1) a dentist who is duly licensed in Indiana;
(2) a bona fide dental student while engaged in dental school
extramural educational programs with a licensed dentist who is
an affiliate faculty member of the dental school;
(3) a duly licensed practitioner of medicine;
(4) a legal practitioner of dentistry or of dental hygiene in any
other state, while making a clinical demonstration before a
dental society in Indiana; or
(5) any commissioned dental officer in the regular United States
armed services, United States Public Health Service, or United
States Department of Veterans Affairs, while engaged in the
discharge of official duties in Indiana;
from performing such services for health preservation, restoration,
or diagnosis as are customarily within the field of their respective
professional practices.
(Formerly: Acts 1945, c.90, s.12; Acts 1963, c.112, s.5.) As amended
by Acts 1982, P.L.154, SEC.47; P.L.169-1985, SEC.43; P.L.1-1990,
SEC.251.
IC 25-13-1-13
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-13-1-14
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-13-1-15
Review of board's action; procedure
Sec. 15. Any licensee, or applicant for a license, aggrieved by the
action of the board shall have the right of review of the board's
actions thereon under the procedure provided in IC 4-21.5.
(Formerly: Acts 1945, c.90, s.14 1/2; Acts 1963, c.112, s.7.) As
amended by Acts 1982, P.L.154, SEC.48; P.L.7-1987, SEC.118.
IC 25-13-1-16
Repealed
(Repealed by Acts 1978, P.L.2, SEC.2570.)
IC 25-13-1-17
License by reciprocity
Sec. 17. (a) The board may issue a license upon payment of the
fee set by the board under section 5 of this chapter by an applicant
who furnishes satisfactory proof that the applicant:
(1) is a dental hygienist;
(2) is currently licensed in some other state that has licensing
requirements substantially equal to those in effect in Indiana on
the date of application;
(3) has been in satisfactory practice for at least two (2) years out
of the preceding five (5) years;
(4) passes the law examination; and
(5) has completed at least fourteen (14) hours of continuing
education in the previous two (2) years.
However, all other requirements of this chapter must be met and the
licensing requirements of the law and the board of the state from
which such candidate comes may not be less than those prescribed
in this chapter.
(b) An applicant who, before September 1, 1987, graduated from
a school for dental hygienists that was recognized by the board at the
time the degree was conferred and that required a course of training
of only one (1) year, and who has completed:
(1) one (1) year of internship in a dental clinic of an accepted
hospital;
(2) one (1) year of teaching, after graduation, in a school for
dental hygienists; or
(3) five (5) years of actual dental practice as a dental hygienist;
may apply for licensure under this section if all other requirements
of this section are met.
(Formerly: Acts 1945, c.90, s.16; Acts 1971, P.L.371, SEC.6.) As
amended by Acts 1981, P.L.222, SEC.118; Acts 1982, P.L.113,
SEC.49; P.L.169-1985, SEC.44; P.L.149-1987, SEC.30;
P.L.33-1993, SEC.20; P.L.75-2002, SEC.2.
IC 25-13-1-17.1
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-13-1-17.2
Inactive license; renewal
Sec. 17.2. (a) The board may classify a license as inactive if the
board receives written notification from the dental hygienist that the
dental hygienist will not practice as a dental hygienist in Indiana.
(b) The board may issue a license to the holder of an inactive
license under this section if the applicant:
(1) pays the renewal fee set by the board;
(2) pays the reinstatement fee set by the board; and
(3) meets the continuing education requirements set by the
board.
As added by P.L.75-2002, SEC.3.
IC 25-13-1-18
Construction of certain terms
Sec. 18. Wherever the word "she," or the word "her" shall appear
herein, they shall be construed also to mean "he" or "him"
respectively.
(Formerly: Acts 1945, c.90, s.16a.)
IC 25-13-1-19
Liberal construction
Sec. 19. This chapter shall be deemed to be enacted in the
interests of public health, safety and welfare, and its provisions shall
be liberally construed to serve such interests.
(Formerly: Acts 1971, P.L.371, SEC.7.)