CHAPTER 1. REGULATION OF DENTISTS; CREATION OF BOARD
IC 25-14
ARTICLE 14. DENTISTS
IC 25-14-1
Chapter 1. Regulation of Dentists; Creation of Board
IC 25-14-1-0.5
Repealed
(Repealed by P.L.258-1987, SEC.3.)
IC 25-14-1-1
Necessity for license
Sec. 1. (a) Except as permitted under this chapter, it is unlawful
for any person to practice dentistry in Indiana who is not licensed
under this chapter.
(b) This chapter does not prohibit:
(1) a hospital;
(2) a public health clinic;
(3) a federally qualified health center;
(4) a rural health center;
(5) a charitable health clinic;
(6) a governmental entity;
(7) a contractor or subcontractor of a governmental entity; or
(8) another entity specified by a rule of the board;
from providing dental health services if the dental health services are
provided by dentists (licensed under this chapter) or dental hygienists
(licensed under IC 25-13).
(Formerly: Acts 1913, c.138, s.1.) As amended by P.L.102-2000,
SEC.1.
IC 25-14-1-1.5
Definitions
Sec. 1.5. As used in this article:
"Agency" refers to the Indiana professional licensing agency
established by IC 25-1-5-3.
"Board" refers to the state board of dentistry established under
this chapter.
"Deep sedation" means a controlled state of depressed
consciousness, accompanied by partial loss of protective reflexes,
including inability to respond purposefully to verbal command,
produced by a pharmacologic method.
"Dental assistant" means a qualified dental staff member, other
than a licensed dental hygienist, who assists a licensed dentist with
patient care while working under the dentist's direct supervision.
"Direct supervision" means that a licensed dentist is physically
present in the facility when patient care is provided by the dental
assistant.
"General anesthesia" means a controlled state of unconsciousness,
accompanied by partial or complete loss of protective reflexes,
including inability to independently maintain an airway and respond
purposefully to physical stimulation or verbal command, produced
by a pharmacologic method.
"Light parenteral conscious sedation" means a minimally
depressed level of consciousness under which an individual retains
the ability to independently and continuously maintain an airway and
respond appropriately to physical stimulation and verbal command,
produced by an intravenous pharmacologic method.
As added by P.L.258-1987, SEC.1. Amended by P.L.24-1999, SEC.9;
P.L.1-2006, SEC.430; P.L.134-2008, SEC.23.
IC 25-14-1-2
State board of dentistry; members; districts
Sec. 2. (a) The state board of dentistry is established and consists
of:
(1) nine (9) practicing dentists who must have been in practice
in this state for not less than the five (5) years;
(2) one (1) practicing dental hygienist licensed under
IC 25-13-1; and
(3) one (1) member to represent the general public who must be
a resident to this state and in no way associated with the
profession of dentistry other than as a consumer.
All eleven (11) members of the board shall be appointed by the
governor for a term of three (3) years each. Any member of the board
may serve until the member's successor is appointed and qualified
under this chapter. A member may serve consecutive terms, but no
member may serve more than three (3) terms or a total of nine (9)
years.
(b) The appointment of the dentist members shall be made in a
manner that, at all times, each dentist member on the board
represents and is a resident of one (1) of nine (9) examiner districts
set forth in this subsection. Each dentist member shall be chiefly
responsible in the performance of his duties with regard to the
district from which he is appointed. The nine (9) dentist members'
districts consist of the following counties:
(1) District 1. Tipton, Hamilton, Hendricks, Marion, Hancock,
Morgan, Johnson, and Shelby.
(2) District 2. Lake, Porter, LaPorte, and Jasper.
(3) District 3. St. Joseph, Elkhart, Starke, Marshall, Kosciusko,
and Fulton.
(4) District 4. LaGrange, Steuben, Jay, Noble, Whitley, Allen,
Huntington, Wells, DeKalb, and Adams.
(5) District 5. Knox, Daviess, Gibson, Pike, Dubois, Posey,
Vanderburgh, Warrick, Spencer, and Perry.
(6) District 6. Newton, Benton, White, Pulaski, Cass, Miami,
Wabash, Grant, Howard, Carroll, Warren, Tippecanoe, and
Clinton.
(7) District 7. Vermillion, Parke, Fountain, Montgomery,
Boone, Putnam, Vigo, Clay, Sullivan, Owen, Greene, and
Martin.
(8) District 8. Madison, Delaware, Blackford, Randolph, Rush,
Fayette, Union, Henry, and Wayne.
(9) District 9. Monroe, Brown, Bartholomew, Decatur,
Franklin, Lawrence, Jackson, Jennings, Ripley, Dearborn,
Orange, Washington, Scott, Jefferson, Switzerland, Ohio,
Crawford, Harrison, Floyd, and Clark.
(c) The board shall examine all applicants for licenses who
present the credentials set forth in this article and issue licenses to all
applicants who pass a satisfactory examination.
(Formerly: Acts 1913, c.138, s.2; Acts 1931, c.169, s.1; Acts 1935,
c.90, s.1; Acts 1949, c.248, s.1; Acts 1963, c.151, s.1; Acts 1971,
P.L.372, SEC.1.) As amended by Acts 1977, P.L.2, SEC.76; Acts
1977, P.L.172, SEC.11; Acts 1981, P.L.222, SEC.120; Acts 1982,
P.L.113, SEC.51; P.L.169-1985, SEC.46; P.L.24-1999, SEC.10.
IC 25-14-1-3
Examination; fees
Sec. 3. (a) A person desiring to begin the practice of dentistry in
Indiana shall procure from the board a license to practice dentistry in
Indiana. To procure the license, the applicant must submit to the
board proof of graduation from a dental college recognized by the
board. The board may recognize dental schools accredited by the
Commission on Dental Accreditation of the American Dental
Association, if the board is satisfied that the recognition is consistent
with the board's requirements. Every applicant shall pay to the board
a fee, set by the board under section 13 of this chapter, at the time of
making the application and must pass an examination before the
board at the time and place to be fixed by the board. The applicant
must purchase examination supplies and pay a fee for the use of the
examination facility.
(b) For those applicants who fail to pass an initial examination,
subsequent examinations may be taken upon payment of a fee, set by
the board under section 13 of this chapter, for each subsequent
examination. If the applicant fails to pass the examination prescribed
by the board, the applicant is entitled to the right of review of the
board's action on the examination under IC 4-21.5. The board may
establish, under section 13 of this chapter, additional requirements
as a prerequisite to taking an examination for an applicant who has
failed the examination two (2) or more times.
(c) A fee paid under this article may not be refunded.
(Formerly: Acts 1913, c.138, s.3; Acts 1931, c.169, s.2; Acts 1949,
c.248, s.2; Acts 1963, c.151, s.2; Acts 1971, P.L.372, SEC.2.) As
amended by Acts 1977, P.L.172, SEC.12; Acts 1981, P.L.222,
SEC.121; P.L.169-1985, SEC.47; P.L.7-1987, SEC.119;
P.L.354-1989(ss), SEC.2.
IC 25-14-1-3.1
Anesthesia or sedation; permit to administer; requirements;
renewal
Sec. 3.1. (a) A dentist must have a permit to administer:
(1) general anesthesia;
(2) deep sedation; or
(3) light parenteral conscious sedation;
to a patient.
(b) The board shall establish by rule the educational and training
requirements for the issuance and renewal of a permit required by
subsection (a).
(c) The board shall establish the requirements for a program of
education and training for pediatric anesthesiology.
(d) The requirements for a permit issued under this section must
be based on the American Dental Association's "Guidelines for
Teaching the Comprehensive Control of Pain and Anxiety in
Dentistry" and accompanying policy statement adopted in November
1985.
(e) A permit issued under this section must be renewed biennially.
As added by P.L.258-1987, SEC.2. Amended by P.L.33-1993,
SEC.21.
IC 25-14-1-3.5
Fees; establishment; disposition
Sec. 3.5. (a) Under IC 25-1-8 the board shall establish, under
IC 25-13-1-5 and section 13 of this chapter, fees sufficient to
implement IC 25-13 and IC 25-14.
(b) All money received by the board under this chapter shall be
paid to the agency, which shall:
(1) give a proper receipt for the same; and
(2) at the end of each month:
(A) report to the auditor of state the total amount received
from all sources; and
(B) deposit the entire amount of such receipts with the state
treasurer to be deposited by the treasurer in the general fund
of the state.
All expenses incurred in the administration of this chapter shall be
paid from the general fund upon appropriation being made therefor
in the manner provided by law for making such appropriations.
(Formerly: Acts 1971, P.L.372, SEC.3.) As amended by Acts 1976,
P.L.119, SEC.12; Acts 1977, P.L.172, SEC.13; Acts 1981, P.L.222,
SEC.122; P.L.169-1985, SEC.48; P.L.1-2006, SEC.431.
IC 25-14-1-4
Repealed
(Repealed by Acts 1977, P.L.172, SEC.56.)
IC 25-14-1-5
Dental intern permit or dental hygienist intern permit;
restrictions; renewal; fees
Sec. 5. (a) The board may at its discretion issue a dental intern
permit or dental hygienist intern permit to any person to whom it has
not issued a license but who is a graduate of a dental college or
school of dental hygiene recognized by the board and is otherwise
qualified to take the regular examination for a license given by the
board. However, an applicant for a dental intern permit or dental
hygienist intern permit shall furnish the board satisfactory evidence
that the applicant has been:
(1) appointed to a dental or a dental hygiene internship in a
hospital or similar institution operated under the laws of
Indiana; or
(2) employed as:
(A) an instructor in a dental school recognized and approved
by the Indiana dental board; or
(B) a teacher or operator in a clinic in a public or parochial
school, college, or university.
(b) The fee for the permit shall be set by the board under section
13 of this chapter.
(c) Any person receiving a dental or dental hygienist intern permit
may practice dentistry or dental hygiene only in a hospital or other
institution designated in the permit and only under the direction of
a licensed dentist who is a member of the dental staff of such
hospital or other institution. The intern's dental or dental hygiene
practice shall be limited to bona fide patients of such hospital or
other institution.
(d) The permit shall be valid for only one (1) year from date of
issue, shall be renewable in the discretion of the board upon the
payment of a fee determined by the board under section 13 of this
chapter, and may be recalled at any time by the board.
(Formerly: Acts 1913, c.138, s.4a; Acts 1949, c.248, s.3; Acts 1963,
c.151, s.4; Acts 1971, P.L.372, SEC.5.) As amended by Acts 1977,
P.L.172, SEC.14; P.L.169-1985, SEC.49.
IC 25-14-1-6
Repealed
(Repealed by Acts 1977, P.L.172, SEC.56.)
IC 25-14-1-7
Repealed
(Repealed by Acts 1977, P.L.172, SEC.56.)
IC 25-14-1-8
Repealed
(Repealed by Acts 1977, P.L.172, SEC.56.)
IC 25-14-1-9
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-14-1-10
Renewal of license; renewal card; failure to renew
Sec. 10. (a) Unless renewed, a license issued by the board expires
on a date specified by the agency under IC 25-1-5-4(k). An applicant
for renewal shall pay the renewal fee set by the board under section
13 of this chapter on or before the renewal date specified by the
agency.
(b) The license shall be properly displayed at all times in the
office of the person named as the holder of the license, and a person
may not be considered to be in legal practice if the person does not
possess the license and renewal card.
(c) If a holder of a dental license does not renew the license on or
before the renewal date specified by the agency, without any action
by the board the license together with any related renewal card is
invalidated.
(d) Except as provided in section 27.1 of this chapter, a license
invalidated under subsection (c) may be reinstated by the board in
three (3) years or less after its invalidation if the holder of the license
meets the requirements under IC 25-1-8-6(c).
(e) Except as provided in section 27.1 of this chapter, if a license
remains invalid under subsection (c) for more than three (3) years,
the holder of the invalid license may obtain a reinstated license by
satisfying the requirements for reinstatement under IC 25-1-8-6(d).
(f) 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.
(g) The board may adopt rules under section 13 of this chapter
establishing requirements for the reinstatement of a license that has
been invalidated for more than three (3) years. The fee for a
duplicate license to practice as a dentist is subject to IC 25-1-8-2.
(h) Biennial renewal of licenses is subject to IC 25-1-2.
(i) Subject to IC 25-1-4-3, an application for renewal of a license
under this section must contain a sworn statement signed by the
applicant attesting that the applicant has fulfilled the continuing
education requirements under IC 25-14-3.
(Formerly: Acts 1913, c.138, s.9; Acts 1931, c.169, s.5; Acts 1935,
c.90, s.4; Acts 1949, c.248, s.4; Acts 1951, c.120, s.1; Acts 1963,
c.151, s.5; Acts 1971, P.L.372, SEC.7.) As amended by Acts 1977,
P.L.172, SEC.15; Acts 1981, P.L.222, SEC.124; P.L.169-1985,
SEC.50; P.L.149-1987, SEC.32; P.L.185-1991, SEC.6;
P.L.235-1995, SEC.6; P.L.44-2000, SEC.3; P.L.269-2001, SEC.9;
P.L.1-2006, SEC.432; P.L.105-2008, SEC.29.
IC 25-14-1-11
Board of examiners; removal of members; filling vacancies
Sec. 11. The governor shall have the power to remove any
member of the board for incompetency, gross immorality, for any
abuse of his official power or for any other good cause and may fill
any vacancy occasioned by removal, death, resignation or otherwise,
by appointment. Any person appointed to fill any vacancy of such
board, whether caused by death, resignation, removal or otherwise,
shall hold for the unexpired term of the member whose place he is
appointed to fill and all vacancies shall be filled in the manner
prescribed for the regular appointments to said board.
(Formerly: Acts 1913, c.138, s.10; Acts 1963, c.151, s.6.)
IC 25-14-1-12
Meetings of board; records; affiliation
Sec. 12. (a) The board shall hold not less than two (2) regular
meetings in each year at such place as may be fixed by the board and
as often in addition as may be necessary for the transaction of such
business as may properly come under the provisions of this chapter,
and it shall have power to make all necessary rules in accordance
with this chapter. Additional meetings may be called at any time by
the president or any six (6) members of the board to be held at such
time and place as may be designated in the call. Six (6) members of
the board constitute a quorum. A majority of the quorum may
transact business. The board shall elect a president and a secretary.
For their services, the members shall receive per diem and travel
expenses as otherwise provided by law.
(b) It shall be the duty of the board through the agency to keep a
record of all applications for licenses for a period of time designated
by the board, subject to the final approval of the oversight committee
on public records under IC 5-15-5.1-19. Such records shall contain
all the facts set forth in the application, including the action of the
board. The board shall also retain all examination papers for a period
of one (1) year from the date upon which the examination is held.
The agency shall carry out the administrative functions of the board
and shall provide necessary personnel to enable the board to properly
carry out and enforce this chapter.
(c) The board may affiliate with the American Association of
Dental Examiners as an active member thereof and may pay the
regular annual dues of the association out of any available funds of
the board, which are obtained by examination fees or registration
renewal fees as provided by law. However, the affiliation with the
American Association of Dental Examiners shall not impair, restrict,
enlarge, or modify any of the rights, powers, duties, or functions of
the board as prescribed by the laws of this state. The board may
designate one (1) of its members as a delegate of any meeting of the
association, and such delegate member shall receive the regular per
diem paid to members of the board for their services on the board
and the member's necessary expenses while traveling to and from and
attending such meetings.
(Formerly: Acts 1913, c.138, s.11; Acts 1917, c.160, s.1; Acts 1949,
c.248, s.5; Acts 1951, c.120, s.2; Acts 1963, c.151, s.7; Acts 1971,
P.L.372, SEC.8; Acts 1972, P.L.10, SEC.7.) As amended by Acts
1977, P.L.2, SEC.77; Acts 1977, P.L.172, SEC.16; Acts 1981,
P.L.222, SEC.125; P.L.169-1985, SEC.51; P.L.149-1987, SEC.33;
P.L.1-2006, SEC.433.
IC 25-14-1-13
Powers and duties of board; complaints; hearings
Sec. 13. (a) The board is charged with the duty of administering
and enforcing the laws pertaining to the practice of dentistry and of
dental hygiene. The board may adopt and enforce rules for the
administration and enforcement of this article in accordance with
IC 4-22-2. The board shall adopt a code of professional conduct and
shall adopt rules establishing standards for the competent practice of
dentistry or dental hygiene. The board may adopt rules concerning
assessment of costs in disciplinary proceedings before the board.
(b) Complaints against persons licensed under this article or
IC 25-13 are subject to IC 25-1-7. The board may conduct hearings
concerning these complaints in accordance with IC 4-21.5.
(Formerly: Acts 1913, c.138, s.12; Acts 1935, c.90, s.5; Acts 1949,
c.248, s.6; Acts 1963, c.151, s.8.) As amended by Acts 1981, P.L.222,
SEC.126; P.L.169-1985, SEC.52; P.L.149-1987, SEC.34.
IC 25-14-1-14
Injunction
Sec. 14. The attorney general, prosecuting attorney, the state
board of dentistry, or any citizen of any county where any person
shall engage in the practice of dentistry, as herein defined, without
possessing a valid license so to do, may, in accordance with the laws
of the state of Indiana governing injunctions, maintain an action in
the name of the state of Indiana to enjoin such person from engaging
in the practice of dentistry, as herein defined, until a valid license to
practice dentistry be secured. And any person who has been so
enjoined who shall violate such injunction shall be punished for
contempt of court: Provided, That such injunction shall not relieve
such person so practicing dentistry without a valid license from a
criminal prosecution therefor as is now provided by law, but such
remedy by injunction shall be in addition to any remedy now
provided for the criminal prosecution of such offender. In charging
any person in a complaint for injunction, or in an affidavit,
information or indictment, with a violation of this law by practicing
dentistry without a valid license, it shall be sufficient to charge that
such person did, upon a certain day and in a certain county, engage
in the practice of dentistry, he not having a valid license so to do,
without averring any further or more particular facts concerning the
same.
(Formerly: Acts 1913, c.138, s.12a; Acts 1931, c.169, s.6.) As
amended by P.L.24-1999, SEC.11.
IC 25-14-1-15
Attorney's fees
Sec. 15. In case judgment is rendered in favor of the plaintiff in
any action brought under the provisions of this chapter, the court
rendering the same shall also render judgment for reasonable
attorney's fees in such action in favor of the plaintiff and against the
defendant therein, and when collected such fees shall be paid to the
attorney or the attorneys of the plaintiff therein, which if paid to the
attorney general or to any prosecuting attorney shall be additional to
any compensation otherwise allowed by law.
(Formerly: Acts 1913, c.138, s.12b; Acts 1931, c.169, s.7.) As
amended by Acts 1982, P.L.154, SEC.49.
IC 25-14-1-16
Applicants for examination; required information; license by
reciprocity; adoption of rules
Sec. 16. (a) An applicant for examination under this article must
submit to the board at least forty-five (45) days before the
examination date an application in a form and manner prescribed by
the board and proof satisfactory to the board that the applicant has
not been convicted of a crime that has a direct bearing on the
applicant's ability to practice competently. An applicant must submit
proof to the board at least seven (7) days before the examination date
that the applicant is a graduate of a dental school that is recognized
by the board.
(b) The board may issue a license upon payment of a fee, set by
the board under section 13 of this chapter, to an applicant who
furnishes proof satisfactory to the board that the applicant is a dentist
who:
(1) is licensed in another state or a province of Canada that has
licensing requirements substantially equal to those in effect in
Indiana on the date of application;
(2) has practiced dentistry for at least two (2) of the three (3)
years preceding the date of application;
(3) passes the law examination administered by the board;
(4) has completed at least twenty (20) hours of continuing
education in the previous two (2) years; and
(5) meets all other requirements of this chapter.
(c) The board shall have power to adopt rules under section 13 of
this chapter for licensure by endorsement.
(d) An applicant shall, at the request of the board, make an
appearance before the board.
(Formerly: Acts 1913, c.138, s.13; Acts 1917, c.160, s.2; Acts 1935,
c.90, s.6; Acts 1963, c.151, s.9.) As amended by Acts 1977, P.L.172,
SEC.17; P.L.169-1985, SEC.53; P.L.149-1987, SEC.35;
P.L.48-1991, SEC.26; P.L.33-1993, SEC.22; P.L.24-1999, SEC.12;
P.L.46-2005, SEC.1.
IC 25-14-1-16.1
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-14-1-17
Record of persons practicing with and employed by certificate
holder
Sec. 17. A person practicing dentistry, upon written demand made
by the secretary of the state board of dentistry, shall not fail to
furnish in writing, within twenty (20) days after such demand, the
name and address of each person practicing or assisting in the
practice of dentistry in the office of said person, together with a
sworn statement showing by what authority or license such person or
persons are practicing dentistry and in what capacity nonlicensed
persons are assisting in practice; said list of names and addresses
shall include all persons who have been thus employed within the
sixty (60) days next preceding such demand; however, such affidavit
may not be used as evidence against either said person or persons so
reported in any proceeding under this chapter.
(Formerly: Acts 1913, c.138, s.14; Acts 1917, c.160, s.3; Acts 1931,
c.169, s.8.) As amended by Acts 1978, P.L.2, SEC.2528;
P.L.24-1999, SEC.13.
IC 25-14-1-18
Display of name and license
Sec. 18. A practitioner of dentistry shall not fail to post, and keep
conspicuously displayed, his name and license in the dental office
wherein he practices, in plain sight of his patients; if there are more
dentists than one (1) practicing or employed in any dental office, the
manager or proprietor of the office shall not fail to post and display
the name and license of each dentist so practicing and so employed
therein.
(Formerly: Acts 1913, c.138, s.15; Acts 1917, c.160, s.4.) As
amended by Acts 1977, P.L.172, SEC.18; Acts 1978, P.L.2,
SEC.2529.
IC 25-14-1-19
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-14-1-19.1
Repealed
(Repealed by P.L.152-1988, SEC.30.)
IC 25-14-1-20
Disciplinary proceedings
Sec. 20. Proceedings for disciplinary action against a holder of a
license to practice dentistry or dental hygiene in Indiana shall be had
in accordance with IC 25-1-7 and IC 4-21.5.
(Formerly: Acts 1913, c.138, s.17; Acts 1931, c.169, s.10; Acts 1935,
c.90, s.8; Acts 1963, c.151, s.11.) As amended by Acts 1977, P.L.172,
SEC.20; P.L.169-1985, SEC.55; P.L.7-1987, SEC.120.
IC 25-14-1-21
Representation by attorney general
Sec. 21. It shall be the duty of the attorney general to represent the
state board of dentistry in any court in which an action may be filed
for the review of an order of the board as provided for in section 20
of this chapter. The attorney general may, at his discretion, call to his
assistance in such action, the prosecuting attorney of the county in
which such action is filed. Also, the board, with the written consent
of the attorney general, shall have the right to employ, out of its own
funds, any other attorney or attorneys to assist the attorney general
in any such action.
(Formerly: Acts 1913, c.138, s.18; Acts 1935, c.90, s.9; Acts 1963,
c.151, s.12.) As amended by Acts 1982, P.L.154, SEC.50;
P.L.24-1999, SEC.14.
IC 25-14-1-22
Exceptions
Sec. 22. This chapter does not apply to the following:
(1) Any commissioned officer of the regular United States
armed services, United States Public Health Service, or United
States Department of Veterans Affairs in the discharge of the
officer's official duties.
(2) Any dentist who is legally qualified to practice in the state
or territory where the dentist resides, when in actual
consultation with a legal practitioner of Indiana.
(3) Any dentist residing on the border of a neighboring state and
authorized to practice dentistry under the laws of the state
whose practice extends into the border of Indiana; however,
such practitioner shall not open an office or appoint a place to
meet patients or solicit practice within Indiana.
(4) Any dentist who is licensed in another state while appearing
as a clinician for demonstrating certain methods of technical
procedures before a meeting, clinic, or convention of Indiana
dentists; however, no fee, cash, or money reimbursement,
consideration, or remuneration of any kind is paid directly or
indirectly or by any subterfuge, to such clinician by or for the
person used as a patient in such clinic or demonstration.
(5) Licensed physicians or surgeons who are authorized to take
x-ray pictures of the human teeth or jaws, to extract teeth, and
to perform surgical operations (as described in
IC 25-22.5-1-1.1(a)(1)(C)) upon the teeth or jaws at their usual
office or residence or within the vicinity of their ordinary
practice, whenever, in their judgment, the same may be
necessary. This exception shall not apply to itinerant licensed
physicians and surgeons who have to a large extent abandoned
their practice as physicians and surgeons and are, in fact and
effect, practicing dentistry almost exclusively.
(Formerly: Acts 1913, c.138, s.19; Acts 1931, c.169, s.11; Acts 1935,
c.90, s.10.) As amended by Acts 1977, P.L.172, SEC.21;
P.L.169-1985, SEC.56; P.L.1-1990, SEC.252; P.L.217-1993, SEC.1.
IC 25-14-1-23
Practice of dentistry; delegation; procedures prohibited to be
delegated; dental students; pharmacists filling prescriptions;
services dental assistants may perform
Sec. 23. (a) A person is practicing dentistry within the meaning of
this chapter if the person does any of the following:
(1) Uses the word "dentist" or "dental surgeon", the letters
"D.D.S." or "D.M.D.", or other letters or titles in connection
with dentistry.
(2) Directs and controls the treatment of patients within a place
where dental services are performed.
(3) Advertises or permits to be advertised by sign, card,
circular, handbill, newspaper, radio, or otherwise that the
person can or will attempt to perform dental operations of any
kind.
(4) Offers to diagnose or professes to diagnose or treats or
professes to treat any of the lesions or diseases of the human
oral cavity, teeth, gums, or maxillary or mandibular structures.
(5) Extracts human teeth or corrects malpositions of the teeth or
jaws.
(6) Except as provided in IC 25-13-1-10.5 and IC 25-13-1-10.6,
administers dental anesthetics.
(7) Uses x-ray pictures for dental diagnostic purposes.
(8) Makes impressions or casts of any oral tissues or structures
for the purpose of diagnosis or treatment thereof or for the
construction, repair, reproduction, or duplication of any
prosthetic device to alleviate or cure any oral lesion or replace
any lost oral structures, tissue, or teeth.
(9) Advertises to the public by any method, except trade and
professional publications, to furnish, supply, construct,
reproduce, repair, or adjust any prosthetic denture, bridge,
appliance, or other structure to be worn in the human mouth.
(10) Is the employer of a dentist who is hired to provide dental
services.
(11) Directs or controls the use of dental equipment or dental
material while the equipment or material is being used to
provide dental services. However, a person may lease or
provide advice or assistance concerning dental equipment or
dental material if the person does not restrict or interfere with
the custody, control, or use of the equipment or material by the
dentist. This subdivision does not prevent a dental hygienist
who is licensed under IC 25-13 from owning dental equipment
or dental materials within the dental hygienist's scope of
practice.
(12) Directs, controls, or interferes with a dentist's clinical
judgment.
(13) Exercises direction or control over a dentist through a
written contract concerning the following areas of dental
practice:
(A) The selection of a patient's course of treatment.
(B) Referrals of patients, except for requiring referrals to be
within a specified provider network, subject to the
exceptions under IC 27-13-36-5.
(C) Content of patient records.
(D) Policies and decisions relating to refunds, if the refund
payment would be reportable under federal law to the
National Practitioner Data Bank, and warranties.
(E) The clinical content of advertising.
(F) Final decisions relating to the employment of dental
office personnel.
However, this subdivision does not prohibit a person from
providing advice or assistance concerning the areas of dental
practice referred to in this subdivision or an insurer (as defined
in IC 27-1-26-1) from carrying out the applicable provisions of
IC 27 under which the insurer is licensed.
However, a person does not have to be a dentist to be a manufacturer
of dental prostheses.
(b) In addition to subsection (a), a person is practicing dentistry
who directly or indirectly by any means or method furnishes,
supplies, constructs, reproduces, repairs, or adjusts any prosthetic
denture, bridge, appliance, or any other structure to be worn in the
human mouth and delivers the resulting product to any person other
than the duly licensed dentist upon whose written work authorization
the work was performed. A written work authorization shall include
the following:
(1) The name and address of the dental laboratory to which it is
directed.
(2) The case identification.
(3) A specification of the materials to be used.
(4) A description of the work to be done and, if necessary,
diagrams thereof.
(5) The date of issuance of the authorization.
(6) The signature and address of the licensed dentist or other
dental practitioner by whom the work authorization is issued.
A separate work authorization shall be issued for each patient of the
issuing licensed dentist or other dental practitioner for whom dental
technological work is to be performed.
(c) This section shall not apply to those procedures which a
legally licensed and practicing dentist may delegate to a dental
assistant as to which procedures the dentist exercises direct
supervision and responsibility.
(d) Procedures delegated by a dentist may not include the
following:
(1) Those procedures which require professional judgment and
skill such as diagnosis, treatment planning, the cutting of hard
or soft tissues, or any intraoral impression which would lead to
the fabrication of a final prosthetic appliance.
(2) Except for procedures described in subsections (g) and (h),
procedures delegated to a dental assistant may not include
procedures allocated under IC 25-13-1 to a licensed dental
hygienist.
(e) This chapter shall not prevent dental students from performing
dental operations under the supervision of competent instructors
within the dental school or a university recognized by the board or in
any public clinic under the supervision of the authorized
superintendent of such clinic authorized under the authority and
general direction of the board of health or school board of any city
or town in Indiana.
(f) Licensed pharmacists of this state may fill prescriptions of
licensed dentists of this state for any drug necessary in the practice
of dentistry.
(g) Notwithstanding IC 25-13-1-11(4), a dental assistant who has
completed a board approved curriculum may apply medicaments for
the control or prevention of dental caries under the direct supervision
of a licensed dentist. The curriculum must include instruction on the
following:
(1) Ethics and jurisprudence.
(2) Reasons for fluorides.
(3) Systemic fluoride.
(4) Topical fluoride.
(5) Fluoride application.
(6) Laboratory work on topical fluoride applications and patient
competency.
(h) Notwithstanding IC 25-13-1-11(3), a dental assistant who has
completed a board approved curriculum may polish the coronal
surface of teeth under the direct supervision of a licensed dentist.
The curriculum must include instruction on the following:
(1) Ethics and jurisprudence.
(2) Plaque and materia alba.
(3) Intrinsic and extrinsic stain.
(4) Abrasive agents.
(5) Use of a slow speed hand piece, prophy cup, and occlusal
polishing brush.
(6) Theory of selective polishing.
(7) Laboratory work concerning slow speed hand piece, hand
dexterity, and patient competency.
(Formerly: Acts 1913, c.138, s.20; Acts 1917, c.160, s.6; Acts 1931,
c.169, s.12; Acts 1943, c.308, s.2; Acts 1963, c.151, s.13; Acts 1971,
P.L.372, SEC.9.) As amended by P.L.169-1985, SEC.57;
P.L.155-1988, SEC.1; P.L.102-2000, SEC.2; P.L.121-2007, SEC.5;
P.L.134-2008, SEC.24.
IC 25-14-1-24
Evidence of practice of dentistry; exception
Sec. 24. The announcing to the public in any manner of intent to
maintain, directly or indirectly, an office or place of business for the
practice of dentistry, or the use of any professional degree, title, or
designation, personal or otherwise, or a sign, card, circular, device,
picture, or advertisement that might impress the public that the office
is used for the practice of dentistry is prima facie evidence of
engaging in the practice of dentistry. Nothing in this section may be
construed to interfere with sales of dental equipment or materials by
established, bona fide dealers or with the renting or leasing of real
estate or dental equipment by the actual owner thereof or his agent.
(Formerly: Acts 1913, c.138, s.20a; Acts 1943, c.308, s.3.) As
amended by P.L.155-1988, SEC.2.
IC 25-14-1-25
Specific violations
Sec. 25. (a) It is a Class D felony for a person to do any of the
following:
(1) Practice dentistry not being at the time a dentist duly
licensed to practice as such in this state under this chapter.
(2) Employ, hire, or procure one who is not duly licensed as a
dentist to practice dentistry, but a person practiced upon by an
unlicensed dentist does not violate this section.
(b) It is a Class B misdemeanor for a person to do any of the
following:
(1) Sell or barter, or offer to sell or barter, or, not being lawfully
authorized so to do, issue or confer, or offer to issue or confer,
any dental degree, license, or any diploma or document
conferring, or purporting to confer, any dental degree or license,
or any certificate or transcript made, or purporting to be made,
under this chapter.
(2) Purchase, or procure by barter, any diploma, license,
certificate, or transcript, with intent that it be used as evidence
of the qualifications to practice dentistry of any person other
than the one upon, or to whom, it was lawfully conferred or
issued, or in fraud of the laws regulating the practice.
(3) Use any diploma, certificate, or transcript which has been
purchased, fraudulently issued, counterfeited, or materially
altered, either as a license or color of license, to practice
dentistry, or in order to procure registration as a dentist.
(4) Practice dentistry under a false name, under a name intended
to mislead the public, under the license of another person of the
same name, or hold himself out to the public under such a name
as a practitioner of dentistry.
(5) Assume the title or degree of "Bachelor of Dental Surgery",
append the letters "B.D.S.", "D.D.S.", "M.D.S.", or "D.M.D.",
to his name, or make use of the same, or prefix to his name the
title of "Doctor", or any abbreviation thereof, not having had
duly conferred upon him by diploma from some college, school,
or board of examiners legally empowered to confer the same,
the right to assume such a title.
(6) Assume any title or append or prefix any words to his name,
with intent to represent falsely that he has received a dental
degree or license.
(7) Not having been licensed to practice dentistry under the
laws of this state, represent that he is entitled so to practice (a
dental licensee may use the prefix "Doctor" or "Dr." to his
name).
(8) Falsely personate another at any examination held by the
board to ascertain the preliminary professional education of
candidates for dental certificates, dental degrees, or dental
licenses or knowingly avail himself of the benefit of false
personation.
(9) Otherwise violate this chapter.
(c) Each date that a person violates this section constitutes a
separate offense.
(Formerly: Acts 1913, c.138, s.21; Acts 1917, c.160, s.7; Acts 1931,
c.169, s.13; Acts 1963, c.151, s.14.) As amended by Acts 1977,
P.L.172, SEC.22; Acts 1978, P.L.2, SEC.2530; P.L.169-1985,
SEC.58; P.L.155-1988, SEC.3.
IC 25-14-1-26
Repealed
(Repealed by P.L.4-1998, SEC.15.)
IC 25-14-1-27
Repealed
(Repealed by Acts 1979, P.L.17, SEC.55.)
IC 25-14-1-27.1
Inactive licenses
Sec. 27.1. (a) The board may classify a license as inactive if the
board receives written notification from a licensed dentist stating that
the dentist will not practice as a dentist 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 continuing education requirements set by the board.
As added by P.L.235-1995, SEC.7.
IC 25-14-1-27.5
Conditions for issuing instructor's license; holding of license;
prohibiting use of instructor's license to obtain general dentistry
license; teaching and practicing dentistry with license limitations;
validity; fee; limitation on number of licenses; rules; expiration
Sec. 27.5. (a) The board may issue an instructor's license to an
individual who is not otherwise licensed to practice dentistry in
Indiana if the individual meets the following conditions:
(1) The individual has been licensed or has had the equivalent
of a license for five (5) of the preceding nine (9) years to
practice dentistry in the United States or in any country,
territory, or other recognized jurisdiction.
(2) The individual has been approved under the credentialing
process of an Indiana school of dentistry or an affiliated
medical center of an Indiana school of dentistry that is
accredited by:
(A) the American Dental Association Commission on Dental
Accreditation; or
(B) the Joint Commission on Accreditation of Health Care
Organizations.
(3) The individual has successfully documented or
demonstrated clinical and academic competency to the board.
(4) The individual is fluent in the English language.
(5) The individual passes the written law examination
administered by the board.
(6) The individual meets the continuing education requirements
required by IC 25-14-3.
(7) The individual pays the licensing fee set by the board under
subsection (f).
(b) A license issued under this section must be held by the Indiana
school of dentistry for which the licensee is employed.
(c) A license issued under this section does not meet the
requirements of section 16 of this chapter and may not be used to
obtain a general dentistry license under this article.
(d) A licensee under this section may teach and practice dentistry
only at or on behalf of an Indiana school of dentistry or an affiliated
medical center of an Indiana school of dentistry.
(e) An instructor's license is valid only during the time the
licensee is employed or has a valid employment contract for a
full-time faculty position at the Indiana school of dentistry or an
affiliated medical center. The Indiana school of dentistry or the
affiliated medical center shall notify the board in writing upon the
termination of the employment contract of an individual who is
issued a license under this section and surrender the license not later
than thirty (30) days after the licensee's employment ceases.
(f) The board shall set a fee for the issuance and renewal of a
license under this section.
(g) Unless renewed, a license issued by the board under this
section expires annually on a date specified by the agency under
IC 25-1-5-4. An applicant for renewal must pay the renewal fee set
by the board on or before the renewal date specified by the agency.
(h) Not more than five percent (5%) of the Indiana school of
dentistry's full-time faculty may be individuals licensed under this
section.
(i) The board shall adopt rules under IC 4-22-2 necessary to
implement this section.
(j) This section expires June 30, 2013.
As added by P.L.210-2003, SEC.1. Amended by P.L.97-2004,
SEC.92; P.L.1-2006, SEC.434; P.L.49-2008, SEC.1.
IC 25-14-1-28
Severability
Sec. 28. If any provision of this chapter as amended be decided by
the courts to be unconstitutional or invalid, such unconstitutional or
invalid provision shall be considered severable from the remainder
of this chapter and shall be exscinded therefrom, and the same shall
not affect the validity of this chapter as a whole, or any part thereof,
other than the part so decided to be unconstitutional or invalid.
(Formerly: Acts 1913, c.138, s.23a; Acts 1931, c.169, s.14; Acts
1935, c.90, s.11.) As amended by Acts 1982, P.L.154, SEC.52.
IC 25-14-1-29
Liberal construction
Sec. 29. 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.372, SEC.10.)
IC 25-14-1-30
Certificates considered licenses
Sec. 30. All certificates issued by the dental board for the practice
of dentistry which certificates were issued prior to May 1, 1977, shall
be deemed to be licenses for the practice of dentistry. All
applications for the practice of dentistry and all renewal notices sent
for the practice of dentistry in Indiana shall be for licenses and not
for certificates. For the purposes of this chapter, all certificates and
renewals for certificates for the practice of dentistry shall be the
same as licenses and renewals for licenses issued subsequent to May
1, 1977.
As added by Acts 1977, P.L.172, SEC.23.