ORS Chapter 679
Chapter 679 — Dentists
2009 EDITION
DENTISTS
OCCUPATIONSAND PROFESSIONS
GENERALPROVISIONS
679.010 Definitions
679.020 Practiceof dentistry or conducting dental office without license prohibited; exceptions
679.025 Licenserequired to practice dentistry; exemptions
679.027 Enjoiningviolations
679.050 Nonresidentdentists giving or receiving instruction; hospital permits
LICENSING
679.060 Applicationfor license; fees; grounds for refusal of license
679.065 Qualificationsof applicants; rules
679.070 Examination;certain other examination results in lieu of examination
679.080 Reexaminationof applicants; rules
679.090 Issuanceof license
679.115 Licensingof dental instructor; requirements
679.120 Licensefees; waiver of fee; rules; renewal of license
679.140 Disciplineof licensee; grounds; procedure; sanctions
679.160 Appealfrom board decision
679.165 Automaticsuspension of license in case of mental disorder
679.170 Prohibitedpractices
679.176 Writtenwork orders required for certain services
679.180 Enforcement;jurisdiction
OREGONBOARD OF DENTISTRY
679.230 OregonBoard of Dentistry; appointment; qualifications; confirmation; compensation andexpenses
679.250 Powersand duties of board; rules
679.253 Authorityof board to require fingerprints
679.255 Boardto adopt standards for sedation during dental procedures; rules
679.260 OregonBoard of Dentistry Account; disbursement of receipts
679.280 Dentalcommittees or consultants for improving standards of practice; liability;confidentiality of proceedings
679.290 Failureto comply with subpoena issued by board
679.300 Privilegeddata; admissibility of data as evidence in judicial proceedings
679.310 Dutyto report violations; exceptions; liability
679.320 Confidentialityof information provided to board; limitation of liability
MISCELLANEOUS
679.500 Administrationof local anesthesia for certain purposes; rules
679.510 Liabilityinsurance for retired dentist; requirements; rules
679.520 Treatmentof dental waste materials containing mercury
679.525 Amalgamseparators required in certain dental facilities
679.530 Informationabout oral prosthetic devices
PENALTIES
679.991 Penalties
GENERALPROVISIONS
679.010Definitions.As used in this chapter and ORS 680.010 to 680.205, unless the context requiresotherwise:
(1)“Board” means the Oregon Board of Dentistry.
(2)“Dental assistant” means a person who, under the supervision of a dentist,renders assistance to a dentist, dental hygienist, dental technician or anotherdental assistant or renders assistance under the supervision of a dentalhygienist providing dental hygiene.
(3)“Dental hygiene” means that portion of dentistry that includes the rendering ofeducational, preventive and therapeutic dental services and diagnosis andtreatment planning for such services. “Dental hygiene” includes, but is notlimited to, scaling, root planing, curettage, the application of sealants andfluoride and any related intraoral or extraoral procedure required in theperformance of such services.
(4)“Dental hygienist” means a person who, under the supervision of a dentist,practices dental hygiene.
(5)“Dental technician” means that person who, at the authorization of a dentist,makes, provides, repairs or alters oral prosthetic appliances and otherartificial materials and devices which are returned to a dentist and insertedinto the human oral cavity or which come in contact with its adjacentstructures and tissues.
(6)“Dentist” means a person who may perform any intraoral or extraoral procedurerequired in the practice of dentistry.
(7)“Dentistry” means the healing art which is concerned with the examination,diagnosis, treatment planning, treatment, care and prevention of conditionswithin the human oral cavity and maxillofacial region and conditions ofadjacent or related tissues and structures. The practice of dentistry includesbut is not limited to the cutting, altering, repairing, removing, replacing orrepositioning of hard or soft tissues and other acts or procedures asdetermined by the board and included in the curricula of dental schoolsaccredited by the Commission on Dental Accreditation of the American DentalAssociation, post-graduate training programs or continuing education courses.
(8)“Direct supervision” means supervision requiring that a dentist diagnose thecondition to be treated, that a dentist authorize the procedure to beperformed, and that a dentist remain in the dental treatment room while theprocedures are performed.
(9)“General supervision” means supervision requiring that a dentist authorize theprocedures, but not requiring that a dentist be present when the authorizedprocedures are performed. The authorized procedures may also be performed at aplace other than the usual place of practice of the dentist.
(10)“Indirect supervision” means supervision requiring that a dentist authorize theprocedures and that a dentist be on the premises while the procedures areperformed.
(11)“Limited access permit dental hygienist” means a dental hygienist who rendersdental hygiene services in accordance with ORS 680.205 as authorized by alimited access permit issued by the board pursuant to ORS 680.200.
(12)“State” means any state or territory of the United States and the District ofColumbia. [Amended by 1983 c.169 §1; 1997 c.251 §4; 1999 c.188 §1; 2003 c.83 §1;2005 c.52 §2; 2007 c.379 §1]
679.020Practice of dentistry or conducting dental office without license prohibited;exceptions.(1) A person may not practice dentistry without a license.
(2)Only a person licensed as a dentist by the Oregon Board of Dentistry may own,operate, conduct or maintain a dental practice, office or clinic in this state.
(3)The restrictions of subsection (2) of this section, as they relate to owningand operating a dental office or clinic, do not apply to a dental office orclinic owned or operated by any of the following:
(a)A labor organization as defined in ORS 243.650 and 663.005 (6), or to anynonprofit organization formed by or on behalf of such labor organization forthe purpose of providing dental services. Such labor organization must have hadan active existence for at least three years, have a constitution and bylaws,and be maintained in good faith for purposes other than providing dentalservices.
(b)The School of Dentistry of the Oregon Health and Science University.
(c)Institutions of higher education listed in ORS 352.002.
(d)Local governments.
(e)Institutions or programs accredited by the Commission on Dental Accreditationof the American Dental Association to provide education and training.
(f)Nonprofit corporations organized under Oregon law to provide dental services torural areas and medically underserved populations of migrant, rural communityor homeless individuals under 42 U.S.C. 254b or 254c or health centersqualified under 42 U.S.C. 1396d(l)(2)(B) operating in compliance with otherapplicable state and federal law.
(g)Nonprofit charitable corporations as described in section 501(c)(3) of theInternal Revenue Code and determined by the Oregon Board of Dentistry asproviding dental services by volunteer licensed dentists to populations withlimited access to dental care at no charge or a substantially reduced charge.
(4)For the purpose of owning or operating a dental office or clinic, an entitydescribed in subsection (3) of this section must:
(a)Name an actively licensed dentist as its dental director, who shall be subjectto the provisions of ORS 679.140 in the capacity as dental director. The dentaldirector, or an actively licensed dentist designated by the director, shallhave responsibility for the clinical practice of dentistry, which includes, butis not limited to:
(A)Diagnosis of conditions within the human oral cavity and its adjacent tissuesand structures.
(B)Prescribing drugs that are administered to patients in the practice ofdentistry.
(C)The treatment plan of any dental patient.
(D)Overall quality of patient care that is rendered or performed in the practiceof dentistry.
(E)Supervision of dental hygienists, dental assistants or other personnel involvedin direct patient care and the authorization for procedures performed by themin accordance with the standards of supervision established by statute or bythe rules of the board.
(F)Other specific services within the scope of clinical dental practice.
(G)Retention of patient dental records as required by statute or by rule of theboard.
(H)Ensuring that each patient receiving services from the dental office or clinichas a dentist of record.
(b)Maintain current records of the names of licensed dentists who supervise theclinical activities of dental hygienists, dental assistants or other personnelinvolved in direct patient care utilized by the entity. The records must beavailable to the board upon written request.
(5)Subsections (1) and (2) of this section do not apply to a limited access permitdental hygienist who renders services authorized by a limited access permitissued by the board pursuant to ORS 680.200.
(6)Nothing in this chapter precludes a person or entity not licensed by the boardfrom:
(a)Ownership or leasehold of any tangible or intangible assets used in a dentaloffice or clinic. These assets include real property, furnishings, equipmentand inventory but do not include dental records of patients related to clinicalcare.
(b)Employing or contracting for the services of personnel other than licenseddentists.
(c)Management of the business aspects of a dental office or clinic that do notinclude the clinical practice of dentistry.
(7)If all of the ownership interests of a dentist or dentists in a dental officeor clinic are held by an administrator, executor, personal representative,guardian, conservator or receiver of the estate of a former shareholder, memberor partner, the administrator, executor, personal representative, guardian,conservator or receiver may retain the ownership interest for a period of 12months following the creation of the ownership interest. The board shall extendthe ownership period for an additional 12 months upon 30 days’ notice and maygrant additional extensions upon reasonable request. [Amended by 1977 c.192 §1;1985 c.323 §3; 1995 c.286 §29; 1997 c.251 §6; 2003 c.322 §1; 2009 c.223 §1]
679.025License required to practice dentistry; exemptions. (1) It shall beunlawful for any person not otherwise authorized by law to practice dentistryor purport to be a dentist without a valid license to practice dentistry issuedby the Oregon Board of Dentistry.
(2)The requirements of this section shall not apply to:
(a)Dentists licensed in another state making a clinical presentation sponsored bya bona fide dental society or association or an accredited dental educationalinstitution approved by the board.
(b)Bona fide full-time students of dentistry who, during the period of theirenrollment and as a part of the course of study in an Oregon accredited dentaleducation program, engage in clinical studies on the premises of suchinstitution or in a clinical setting located off the premises of the institutionif the facility, the instructional staff and the course of study to be pursuedat the off-premises location meet minimum requirements prescribed by the rulesof the board and the clinical study is performed under the direct supervisionof a member of the faculty.
(c)Bona fide full-time students of dentistry who, during the period of theirenrollment and as a part of the course of study in a dental education programlocated outside of Oregon that is accredited by the Commission on Dental Accreditationof the American Dental Association or its successor agency, engage incommunity-based or clinical studies as an elective or required rotation in aclinical setting located in Oregon if the community-based or clinical studiesmeet minimum requirements prescribed by the rules of the board and areperformed under the direct supervision of a member of the faculty of the OregonHealth and Science University School of Dentistry.
(d)Candidates who are preparing for a licensure examination to practice dentistryand whose application has been accepted by the board or its agent, if suchclinical preparation is conducted in a clinic located on premises approved forthat purpose by the board and if the procedures are limited to examinationonly. This exception shall exist for a period not to exceed two weeksimmediately prior to a regularly scheduled licensure examination.
(e)Dentists practicing in the discharge of official duties as employees of theUnited States Government and any of its agencies.
(f)Instructors of dentistry, whether full- or part-time, while exclusively engagedin teaching activities and while employed in accredited dental educationalinstitutions.
(g)Dentists employed by public health agencies who are not engaged in the directdelivery of clinical dental services to patients.
(h)Persons licensed to practice medicine in the State of Oregon in the regulardischarge of their duties.
(i)Persons qualified to perform services relating to general anesthesia orsedation under the direct supervision of a licensed dentist.
(j)Persons practicing dentistry upon themselves as the patient.
(k)Dental hygienists, dental assistants or dental technicians performing servicesunder the supervision of a licensed dentist in accordance with the rules adoptedby the board.
(L)A person licensed as a denturist under ORS 680.500 to 680.565 engaged in thepractice of denture technology.
(m)A limited access permit dental hygienist who renders services authorized by alimited access permit issued by the board pursuant to ORS 680.200. [1953 c.574 §2;1955 c.560 §1; 1957 c.552 §4; 1963 c.284 §1; 1971 c.48 §1; 1973 c.390 §1; 1975c.693 §19; 1979 c.1 §16; 1983 c.169 §2; 1993 c.142 §1; 1997 c.251 §5; 2005c.504 §1]
679.026 [1971 c.48 §2;1975 c.693 §20; 1977 c.192 §2; 1981 c.185 §1; repealed by 1983 c.169 §34]
679.027Enjoining violations.The Attorney General, or the prosecuting attorney of any county, or the OregonBoard of Dentistry, in its own name, may maintain an action for an injunctionagainst any person violating any provision of ORS 679.020, 679.025, 679.170 or679.176. Any person who has been so enjoined may be punished for contempt bythe court issuing the injunction. An injunction may be issued without proof ofactual damage sustained by any person. An injunction shall not relieve a personfrom criminal prosecution for violation of any provision of ORS 679.020,679.025, 679.170 or 679.176 or from any other civil, criminal or disciplinaryremedy. [1957 c.552 §2; 1963 c.284 §2; 1979 c.284 §192; 1983 c.169 §3]
679.030 [Amended by1953 c.574 §5; repealed by 1977 c.192 §13]
679.040 [Amended by1963 c.284 §3; repealed by 2003 c.83 §12]
679.050Nonresident dentists giving or receiving instruction; hospital permits. (1) If areputable and duly licensed practitioner in dentistry of another state is askedto appear and demonstrate, receive or give instruction in the practice ofdentistry before any qualified dental college or dental organization or dentalstudy group recognized by the Oregon Board of Dentistry, the secretary of theboard shall issue on written request of an authorized officer of such collegeor dental organization or dental study group, without fee, a permit for suchpurpose. A permit shall be issued upon such terms as the board shall prescribe.
(2)If a reputable and duly licensed practitioner in dentistry of another state hasbeen granted staff privileges, either limited, special or general, by any dulylicensed hospital in this state, the secretary of the board shall issue onwritten request and verification of an authorized officer of such hospital, apermit for such nonresident practitioner to practice dentistry in saidhospital. [Amended by 1963 c.284 §4; 1965 c.122 §3; 1967 c.282 §1; 1973 c.390 §2]
LICENSING
679.060Application for license; fees; grounds for refusal of license. (1) Any persondesiring to practice dentistry in this state shall file an application with theOregon Board of Dentistry.
(2)At the time of making the application, the applicant shall:
(a)Pay to the board the required application and examination fee.
(b)Furnish the board with evidence satisfactory to the board of details of anyconvictions recorded in any police records. Such details are subject to thefindings required by ORS 670.280.
(c)Present to the board a diploma or evidence satisfactory to the board of havinggraduated from an accredited dental education program approved by the board.
(3)If an applicant has been in practice in another state or states the applicantshall furnish an affidavit from the secretary of the board of dental examinersor similar body of such state or states that the applicant has been engaged inthe legal practice of dentistry in such state or states for a period of timeprescribed by the rules of the Oregon Board of Dentistry.
(4)The board may refuse to issue a license to or renew a license of an applicantwho has been convicted of a violation of the law if the board makes thefindings required by ORS 670.280. A certified copy of the record of convictionis conclusive evidence of conviction.
(5)The board may refuse to issue a license to or renew a license of an applicantwho has been disciplined by a state licensing or regulatory agency of this oranother state regarding any health care profession when, in the judgment of theboard, the act or conduct resulting in the disciplinary action bears ademonstrable relationship to the ability of the licensee or applicant topractice dentistry in accordance with the provisions of this chapter. Acertified copy of the record of the disciplinary action is conclusive evidenceof the disciplinary action.
(6)The board may refuse to issue a license to or renew a license of an applicantwho has falsified a license application, or any person for any cause describedunder ORS 679.140 or 679.170.
(7)Fees paid are not refundable. [Amended by 1963 c.284 §5; 1973 c.390 §3; 1973c.827 §69; 1973 c.829 §62a; 1977 c.444 §1; 1981 c.232 §1; 1983 c.169 §6; 1985c.323 §4; 1995 c.199 §1; 2003 c.83 §2]
679.065Qualifications of applicants; rules. (1) An applicant for a dental licenseshall be entitled to take the examination to practice dentistry in Oregon ifthe applicant:
(a)Is 18 years of age or older; and
(b)Is a graduate of a dental school accredited by the Commission on DentalAccreditation of the American Dental Association or its successor agency, ifany, which must have been approved by the Oregon Board of Dentistry.
(2)Foreign trained graduates of dental programs may apply for the dental licensureexamination, providing the applicant meets the board’s requirements, by rule,as will reasonably assure that an applicant’s training and education aresufficient for licensure. [1983 c.169 §5]
679.070Examination; certain other examination results in lieu of examination. (1) The Oregon Boardof Dentistry may administer written, laboratory or clinical examina