§ 5-31.1-1 - Definitions.
SECTION 5-31.1-1
§ 5-31.1-1 Definitions. – As used in this chapter:
(1) "Board" means the Rhode Island board of examiners indentistry or any committee or subcommittee of the board.
(2) "Chief of the division of oral health" means, the chiefof the division of oral health of the Rhode Island department of health who isa licensed dentist possessing a masters degree in public health or acertificate in public health from an accredited program.
(3) "Dental administrator" means the administrator of theRhode Island board of examiners in dentistry.
(4) "Dental hygienist" means a person with a license topractice dental hygiene in this state under the provisions of this chapter.
(5) "Dentist" means a person with a license to practicedentistry in this state under the provisions of this chapter.
(6) "Dentistry" is defined as the evaluation, diagnosis,prevention and/or treatment (non-surgical, surgical or related procedures) ofdiseases, disorders and/or conditions of the oral cavity, cranio-maxillofacialarea and/or the adjacent and associated structures and their impact on thehuman body, provided by a dentist, within the scope of his or her education,training and experience, in accordance with the ethics of the profession andapplicable law.
(7) "Department" means the Rhode Island department of health.
(8) "Director" means the director of the Rhode Islanddepartment of health.
(9) "Health care facility" means any institutional healthservice provider licensed pursuant to the provisions of chapter 17 of title 23.
(10) "Health maintenance organization" means a public orprivate organization licensed pursuant to the provisions of chapter 17 of title23 or chapter 41 of title 27.
(11) "Limited registrant" means a person holding a limitedregistration certificate pursuant to the provisions of this chapter.
(12) "Nonprofit medical services corporation" or "nonprofithospital service corporation" or "nonprofit dental service corporation" meansany corporation organized pursuant to chapter 19 or 20 of title 27 for thepurpose of establishing, maintaining and operating a nonprofit medical,hospital, or dental service plan.
(13) "Peer review board" means any committee of a state,local, dental or dental hygiene, association or society, or a committee of anylicensed health care facility, or the dental staff of the committee, or anycommittee of a dental care foundation or health maintenance organization, orany staff committee or consultant of a hospital, medical, or dental servicecorporation, the function of which, or one of the functions of which is toevaluate and improve the quality of dental care rendered by providers of dentalcare service or to determine that dental care services rendered wereprofessionally indicated or were performed in compliance with the applicablestandard of care or that the cost for dental care rendered was consideredreasonable by the providers of professional dental care services in the areaand includes a committee functioning as a utilization review committee underthe provisions of P.L. 89-97, 42 U.S.C. § 1395 et. seq., (Medicare law) oras a professional standards review organization or statewide professionalstandards review council under the provisions of P.L. 92-603, 42 U.S.C. §1301 et seq., (professional standards review organizations) or a similarcommittee or a committee of similar purpose, to evaluate or review thediagnosis or treatment of the performance or rendition of dental services whichare performed under public dental programs of either state or federal design.
(14) "Person" means any individual, partnership, firm,corporation, association, trust or estate, state or political subdivision, orinstrumentality of a state.
(15) "Practice of dental hygiene." Any person is practicingdental hygiene within the meaning of this chapter who performs those servicesand procedures that a dental hygienist has been educated to perform and whichservices and procedures are, from time to time, specifically authorized byrules and regulations adopted by the board of examiners in dentistry. Nothingin this section is construed to authorize a licensed dental hygienist toperform the following: diagnosis and treatment planning, surgical procedures onhard or soft tissue, prescribe medication or administer general anesthesia orinjectables other than oral local anesthesia. A dental hygienist is onlypermitted to practice dental hygiene under the general supervision of a dentistlicensed and registered in this state under the provisions of this chapter.
(A) Provided, that in order to administer local injectableanesthesia to dental patients, dental hygienists must be under the supervisionof a dentist and meet the requirements established by regulation of the boardof examiners in dentistry including payment of a permit fee.
(16) "Practice of dentistry." Any person is practicingdentistry within the meaning of this chapter who:
(I) Uses or permits to be used, directly or indirectly, forprofit or otherwise, for himself, herself or for any other person, inconnection with his or her name, the word "dentist" or "dental surgeon," or thetitle "D.D.S." or "D.M.D." or any other words, letters, titles, or descriptivematter, personal or not, which directly or indirectly implies the practice ofdentistry;
(II) Owns, leases, maintains, operates a dental business inany office or other room or rooms where dental operations are performed, ordirectly or indirectly is manager, proprietor or conductor of this business;
(III) Directly or indirectly informs the public in anylanguage, orally, in writing, or in printing, or by drawings, demonstrations,specimens, signs, or pictures that he or she can perform or will attempt toperform dental operations of any kind;
(IV) Undertakes, by any means or method, gratuitously or fora salary, fee, money, or other reward paid or granted directly or indirectly tohimself or herself or to any other person, to diagnose or profess to diagnose,or to treat or profess to treat, or to prescribe for or profess to prescribefor any of the lesions, diseases, disorders, or deficiencies of the human oralcavity, teeth, gums, maxilla or mandible, and/or adjacent associated structures;
(V) Extracts human teeth, corrects malpositions of the teethor of the jaws;
(VI) Except on the written prescription of a licensed dentistand by the use of impressions or casts made by a licensed and practicingdentist, directly or indirectly by mail, carrier, personal agent, or by anyother method, furnishes, supplies, constructs, reproduces, or repairsprosthetic dentures, bridges, appliances or other structures to be used andworn as substitutes for natural teeth;
(VII) Places those substitutes in the mouth and/or adjuststhem;
(VIII) Administers an anesthetic, either general or local inthe course of any of the previously stated dental procedures; or
(IX) Engages in any of the practices included in thecurricula of recognized dental colleges;
(B) Provided that in order to administer any form ofanesthesia, other than local, dentists must meet the requirements establishedby regulation of the board of examiners in dentistry, including payment of apermit fee.
(ii) The board shall promulgate regulations relating toanesthesia. Those regulations shall be consistent with the American DentalAssociation guidelines for the use of conscious sedation, deep sedation andgeneral anesthesia in dentistry. Neither the board nor any regulationpromulgated by the board shall require additional licensing fees for the use ofnitrous oxide by dentists. Prior to the adoption of those regulations, dentistsshall be permitted to administer anesthesia without restriction. From theproceeds of any fees collected pursuant to the provisions of this chapter,there is created a restricted receipts account which is used solely to pay forthe administrative expenses incurred for expenses of administrating thischapter.
(iii) No non-dentist who operates a dental facility in theform of a licensed outpatient health care center or management serviceorganization may interfere with the professional judgment of a dentist in thepractice.