Oregon Chapter 679
Chapter 679 — DentistsDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 679 —
Dentists
2007 EDITION
DENTISTS
OCCUPATIONS AND PROFESSIONS
GENERAL PROVISIONS
679.010 Definitions
679.020 Practice
of dentistry or conducting dental office without license prohibited; exceptions
679.025 License
required to practice dentistry; exemptions
679.027 Enjoining
violations
679.050 Nonresident
dentists giving or receiving instruction; hospital permits
LICENSING
679.060 Application
for license; fees; grounds for refusal of license
679.065 Qualifications
of applicants; rules
679.070 Examination;
certain other examination results in lieu of examination
679.080 Reexamination
of applicants; rules
679.090 Issuance
of license
679.115 Licensing
of dental instructor; requirements
679.120 License
fees; waiver of fee; rules; renewal of license
679.140 Discipline
of licensee; grounds; procedure; sanctions
679.160 Appeal
from board decision
679.165 Automatic
suspension of license in case of mental disorder
679.170 Prohibited
practices
679.176 Written
work orders required for certain services
679.180 Enforcement;
jurisdiction
679.230 Oregon
Board of Dentistry; appointment; qualifications; confirmation; compensation and
expenses
679.250 Powers
and duties of board; rules
679.253 Authority
of board to require fingerprints
679.255 Board
to adopt standards for sedation during dental procedures; rules
679.260 Oregon
Board of Dentistry Account; disbursement of receipts
679.280 Dental
committees or consultants for improving standards of practice; liability;
confidentiality of proceedings
679.290 Failure
to comply with subpoena issued by board
679.300 Privileged
data; admissibility of data as evidence in judicial proceedings
679.310 Duty
to report violations to board; exceptions; liability
679.320 Confidentiality
of information provided to board; limitation of liability
MISCELLANEOUS
679.500 Administration
of local anesthesia for certain purposes; rules
679.510 Liability
insurance for retired dentist; requirements; rules
679.520 Treatment
of dental waste materials containing mercury
679.525 Amalgam
separators required in certain dental facilities
PENALTIES
679.991 Penalties
GENERAL PROVISIONS
679.010
Definitions. As used in this
chapter and ORS 680.010 to 680.205, unless the context requires otherwise:
(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 another dental assistant or renders assistance under
the supervision of a dental hygienist providing dental hygiene.
(3) “Dental hygiene” means that portion of
dentistry that includes the rendering of educational, preventive and
therapeutic dental services and diagnosis and treatment planning for such
services. “Dental hygiene” includes, but is not limited to, scaling, root
planing, curettage, the application of sealants and fluoride and any related
intraoral or extraoral procedure required in the performance 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 other artificial materials and devices which are
returned to a dentist and inserted into the human oral cavity or which come in
contact with its adjacent structures and tissues.
(6) “Dentist” means a person who may
perform any intraoral or extraoral procedure required 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 conditions within the human oral cavity and
maxillofacial region and conditions of adjacent or related tissues and
structures. The practice of dentistry includes but is not limited to the
cutting, altering, repairing, removing, replacing or repositioning of hard or
soft tissues and other acts or procedures as determined by the board and
included in the curricula of dental schools accredited by the Commission on
Dental Accreditation of the American Dental Association, post-graduate training
programs or continuing education courses.
(8) “Direct supervision” means supervision
requiring that a dentist diagnose the condition to be treated, that a dentist
authorize the procedure to be performed, and that a dentist remain in the
dental treatment room while the procedures are performed.
(9) “General supervision” means
supervision requiring that a dentist authorize the procedures, but not
requiring that a dentist be present when the authorized procedures are
performed. The authorized procedures may also be performed at a place other
than the usual place of practice of the dentist.
(10) “Indirect supervision” means
supervision requiring that a dentist authorize the procedures and that a
dentist be on the premises while the procedures are performed.
(11) “Limited access permit dental
hygienist” means a dental hygienist who renders dental hygiene services in accordance
with ORS 680.205 as authorized by a limited access permit issued by the board
pursuant to ORS 680.200.
(12) “State” means any state or territory
of the
679.020
Practice of dentistry or conducting dental office without license prohibited;
exceptions. (1) No person
shall practice dentistry without a license.
(2) Before engaging, conducting, operating
or maintaining any dental office in any way, every individual shall obtain a
license to practice dentistry in this state.
(3) The provisions of subsections (1) and
(2) of this section as they relate to owning and operating a dental office or
clinic do not apply to a dental office or clinic owned or operated by:
(a) A labor organization as defined in ORS
243.650 and 663.005 (6), or to any nonprofit organization formed by or on
behalf of such labor organization for the purpose of providing dental services.
Such labor organization must have had an active existence for at least three
years, have a constitution and bylaws, and be maintained in good faith for
purposes other than providing dental services;
(b) The
(c) Local governments;
(d) Institutions or programs accredited by
the Commission on Dental Accreditation of the American Dental Association to
provide education and training;
(e) Nonprofit corporations organized under
Oregon law to provide dental services to rural areas and medically underserved
populations of migrant, rural community or homeless individuals under 42 U.S.C.
254b or 254c or health centers qualified under 42 U.S.C. 1396d(l)(2)(B)
operating in compliance with other applicable state and federal law; and
(f) Nonprofit charitable corporations as
described in section 501(c)(3) of the Internal Revenue Code and determined by
the Oregon Board of Dentistry as providing dental services by volunteer
licensed dentists to populations with limited access to dental care at no
charge or a substantially reduced charge.
(4) Any entity that owns or operates a
dental office or clinic pursuant to subsection (3) of this section must:
(a) Name an actively licensed dentist as
its dental director who shall be subject to the provisions of ORS 679.140 in
the capacity as dental director. The dental director, or an actively licensed
dentist designated by the director, shall have responsibility for the clinical
practice of dentistry, which includes, but is not limited to:
(A) Diagnosis of conditions within the
human oral cavity and its adjacent tissues and structures.
(B) Prescribing drugs that are
administered to patients in the practice of dentistry.
(C) The treatment plan of any dental
patient.
(D) Overall quality of patient care that
is rendered or performed in the practice of dentistry.
(E) Supervision of dental hygienists,
dental assistants or other personnel involved in direct patient care and the
authorization for procedures performed by them in accordance with the standards
of supervision established by statute or by the 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 the board.
(H) Ensuring that each patient receiving
services from the dental office or clinic has a dentist of record.
(b) Maintain current records of the names
of licensed dentists who supervise the clinical activities of dental
hygienists, dental assistants or other personnel involved in direct patient
care utilized by the entity. The records must be available to the board upon
written request.
(5) Subsections (1) and (2) of this
section do not apply to a limited access permit dental hygienist who renders
services authorized by a limited access permit issued by the board pursuant to
ORS 680.200.
(6) Nothing in this chapter precludes a
person or entity not licensed by the board from:
(a) Ownership or leasehold of any tangible
or intangible assets used in a dental office or clinic. These assets include
real property, furnishings, equipment and inventory but do not include dental
records of patients related to clinical care.
(b) Employing or contracting for the
services of personnel other than licensed dentists.
(c) Management of the business aspects of
a dental office or clinic that do not include the clinical practice of
dentistry.
(7) If all of the ownership interests of a
dentist or dentists in a dental office or clinic are held by an administrator,
executor, personal representative, guardian, conservator or receiver of the
estate of a former shareholder, member or partner, the administrator, executor,
personal representative, guardian, conservator or receiver may retain the
ownership interest for a period of 12 months following the creation of the
ownership interest. The board shall extend the ownership period for an
additional 12 months upon 30 days’ notice and may grant 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]
679.025
License required to practice dentistry; exemptions. (1) It shall be unlawful for any person not
otherwise authorized by law to practice dentistry or purport to be a dentist
without a valid license to practice dentistry issued by 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 by a bona fide dental society or
association or an accredited dental educational institution approved by the
board.
(b) Bona fide full-time students of
dentistry who, during the period of their enrollment and as a part of the
course of study in an Oregon accredited dental education program, engage in clinical
studies on the premises of such institution or in a clinical setting located
off the premises of the institution if the facility, the instructional staff
and the course of study to be pursued at the off-premises location meet minimum
requirements prescribed by the rules of the board and the clinical study is
performed under the direct supervision of a member of the faculty.
(c) Bona fide full-time students of
dentistry who, during the period of their enrollment and as a part of the
course of study in a dental education program located outside of Oregon that is
accredited by the Commission on Dental Accreditation of the American Dental
Association or its successor agency, engage in community-based or clinical
studies as an elective or required rotation in a clinical setting located in
Oregon if the community-based or clinical studies meet minimum requirements
prescribed by the rules of the board and are performed under the direct
supervision of a member of the faculty of the Oregon Health and Science University
School of Dentistry.
(d) Candidates who are preparing for a
licensure examination to practice dentistry and whose application has been
accepted by the board or its agent, if such clinical preparation is conducted
in a clinic located on premises approved for that purpose by the board and if
the procedures are limited to examination only. This exception shall exist for
a period not to exceed two weeks immediately prior to a regularly scheduled
licensure examination.
(e) Dentists practicing in the discharge
of official duties as employees of the United States Government and any of its
agencies.
(f) Instructors of dentistry, whether
full- or part-time, while exclusively engaged in teaching activities and while
employed in accredited dental educational institutions.
(g) Dentists employed by public health
agencies who are not engaged in the direct delivery of clinical dental services
to patients.
(h) Persons licensed to practice medicine
in the State of
(i) Persons qualified to perform services
relating to general anesthesia or sedation 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 services under the supervision of a licensed
dentist in accordance with the rules adopted by the board.
(L) A person licensed as a denturist under
ORS 680.500 to 680.570 engaged in the practice of denture technology.
(m) A limited access permit dental
hygienist who renders services authorized by a limited 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; 1975 c.693 §19; 1979 c.1 §16; 1983
c.169 §2; 1993 c.142 §1; 1997 c.251 §5; 2005 c.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]
679.027
Enjoining violations. The
Attorney General, or the prosecuting attorney of any county, or the Oregon
Board of Dentistry, in its own name, may maintain an action for an injunction
against any person violating any provision of ORS 679.020, 679.025, 679.170 or
679.176. Any person who has been so enjoined may be punished for contempt by
the court issuing the injunction. An injunction may be issued without proof of
actual damage sustained by any person. An injunction shall not relieve a person
from 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 disciplinary
remedy. [1957 c.552 §2; 1963 c.284 §2; 1979 c.284 §192; 1983 c.169 §3]
679.030 [Amended by 1953 c.574 §5; repealed by 1977
c.192 §13]
679.040 [Amended by 1963 c.284 §3; repealed by 2003
c.83 §12]
679.050
Nonresident dentists giving or receiving instruction; hospital permits. (1) If a reputable and duly licensed
practitioner in dentistry of another state is asked to appear and demonstrate,
receive or give instruction in the practice of dentistry before any qualified
dental college or dental organization or dental study group recognized by the
Oregon Board of Dentistry, the secretary of the board shall issue on written
request of an authorized officer of such college or dental organization or
dental study group, without fee, a permit for such purpose. 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 has been granted staff privileges,
either limited, special or general, by any duly licensed hospital in this
state, the secretary of the board shall issue on written request and
verification of an authorized officer of such hospital, a permit for such
nonresident practitioner to practice dentistry in said hospital. [Amended by
1963 c.284 §4; 1965 c.122 §3; 1967 c.282 §1; 1973 c.390 §2]
LICENSING
679.060
Application for license; fees; grounds for refusal of license. (1) Any person desiring to practice
dentistry in this state shall file an application with the Oregon 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 any convictions recorded in any police
records. Such details are subject to the findings required by ORS 670.280.
(c) Present to the board a diploma or
evidence satisfactory to the board of having graduated from an accredited
dental education program approved by the board.
(3) If an applicant has been in practice
in another state or states the applicant shall furnish an affidavit from the
secretary of the board of dental examiners or similar body of such state or
states that the applicant has been engaged in the legal practice of dentistry
in such state or states for a period of time prescribed 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 applicant who has been convicted of a
violation of the law if the board makes the findings required by ORS 670.280. A
certified copy of the record of conviction is conclusive evidence of
conviction.
(5) The board may refuse to issue a
license to or renew a license of an applicant who has been disciplined by a
state licensing or regulatory agency of this or another state regarding any
health care profession when, in the judgment of the board, the act or conduct
resulting in the disciplinary action bears a demonstrable relationship to the
ability of the licensee or applicant to practice dentistry in accordance with
the provisions of this chapter. A certified copy of the record of the
disciplinary action is conclusive evidence of the disciplinary action.
(6) The board may refuse to issue a
license to or renew a license of an applicant who has falsified a license
application, or any person for any cause described under ORS 679.140 or
679.170.
(7) Fees paid are not refundable. [Amended
by 1963 c.284 §5; 1973 c.390 §3; 1973 c.827 §69; 1973 c.829 §62a; 1977 c.444 §1;
1981 c.232 §1; 1983 c.169 §6; 1985 c.323 §4; 1995 c.199 §1; 2003 c.83 §2]
679.065
Qualifications of applicants; rules. (1) An applicant for a dental license shall be entitled to take the
examination to practice dentistry in
(a) Is 18 years of age or older; and
(b) Is a graduate of a dental school
accredited by the Commission on Dental Accreditation of the American Dental
Association or its successor agency, if any, which must have been approved by
the Oregon Board of Dentistry.
(2) Foreign trained graduates of dental
programs may apply for the dental licensure examination, providing the
applicant meets the board’s requirements, by rule, as will reasonably assure
that an applicant’s training and education are sufficient for licensure. [1983
c.169 §5]
679.070
Examination; certain other examination results in lieu of examination. (1) The Oregon Board of Dentistry may
administer written, laboratory or clinical examinations to test professional
knowledge and skills.
(2) The examination shall be elementary
and practical in character but sufficiently thorough to test the fitness of the
applicant to practice dentistry. It shall include, written in the English
language, questions on any subjects pertaining to dental science. The written
examination may be supplemented by oral examination. Demonstrations of the
applicant’s skill in operative and prosthetic dentistry also may be required.
(3) The board may accept the results of
national standardized examinations in satisfaction of the written examination
as authorized by this section, and shall accept the results of regional testing
agencies or of clinical board examinations administered by other states in
satisfaction of the laboratory or clinical examination authorized under this
section, provided:
(a) The test or examination was taken
within five years of the date of application; and
(b) The applicant received a passing score
on the test or examination as established by the board by rule.
(4) The board shall accept the results of
regional testing agencies or of clinical board examinations administered by
other states in satisfaction of the examinations authorized under this section
for applicants who have engaged in the active practice of dentistry in other
states, in Oregon or in the Armed Forces of the United States, the United
States Public Health Service or the United States Department of Veterans
Affairs for at least 3,500 hours in the five years immediately preceding
application and who meet all other requirements for licensure. [Amended by 1965
c.122 §4; 1983 c.169 §7; 1999 c.489 §1; 2001 c.193 §1; 2003 c.83 §3; 2005 c.229
§1]
679.080
Reexamination of applicants; rules. The Oregon Board of Dentistry may adopt rules requiring additional
education and examination of applicants who have failed the licensing
examination three times. [Amended by 1973 c.829 §63; 1977 c.444 §2; 1983 c.169 §8;
2003 c.83 §4]
679.090
Issuance of license. The
Oregon Board of Dentistry shall, upon the applicant’s satisfactory completion
of the educational requirements and written, laboratory and clinical
examinations authorized under this chapter and upon receipt of the requisite
fees, issue or renew the appropriate dental license. [Amended by 1963 c.284 §6;
1971 c.34 §1; 1983 c.169 §9]
679.100 [Repealed by 1963 c.284 §17]
679.105 [1997 c.662 §1; repealed by 2003 c.83 §12]
679.110 [Repealed by 1983 c.169 §34]
679.115
Licensing of dental instructor; requirements. (1) Notwithstanding any other provision of this chapter, the Oregon
Board of Dentistry shall issue a dental instructor’s license to practice
dentistry to any person who furnishes the board with evidence satisfactory to
the board that the applicant meets the requirements of subsection (2) of this
section.
(2) An applicant for a dental instructor’s
license must be a full-time instructor of dentistry engaged in dental
activities, including but not limited to participation in a faculty practice
plan, within the scope of the applicant’s employment at the Oregon Health and
Science University and:
(a) Be a graduate of an accredited dental
school; or
(b) If the applicant is not a graduate of
an accredited dental school, have a certificate or degree in an accredited,
advanced dental education program of at least two years’ duration from an
accredited dental school and:
(A) Be licensed to practice dentistry in
another state or a Canadian province;
(B) Have held an instructor’s or faculty
license to practice dentistry in another state or a Canadian province
immediately prior to becoming an instructor of dentistry at the Oregon Health
and
(C) Have successfully passed any clinical
examination recognized by the board for initial licensure; or
(D) Be certified by the appropriate
national certifying examination body in a dental specialty recognized by the
American Dental Association.
(3) The board may refuse to issue or renew
a dental instructor’s license to an applicant or licensee:
(a) Who has been convicted of an offense
or disciplined by a dental licensing body in a manner that bears, in the
judgment of the board, a demonstrable relationship to the ability of the
applicant or licensee to practice dentistry in accordance with the provisions
of this chapter;
(b) Who has falsified an application for
licensure; or
(c) For cause as described under ORS
679.140 or 679.170.
(4) A license issued to an applicant
qualifying for a dental instructor’s license is restricted to the practice of
dentistry in a facility devoted to dental care on the campus of the Oregon
Health and
(5) A license issued to an applicant
qualifying for a dental instructor’s license who is a specialist by virtue of
successful completion of an accredited dental education program is restricted
to the specialty in which the dentist was trained.
(6) As used in this section, “accredited”
means accredited by the Commission on Dental Accreditation of the American
Dental Association or its successor agency, if any. [1999 c.578 §8; 2001 c.188 §1]
679.120
License fees; waiver of fee; rules; renewal of license. (1) The Oregon Board of Dentistry may impose
application fees for the following:
(a) Examinations, which may differ for
general dentistry, foreign school graduate and specialty examinations.
(b) Biennial dentist license, active.
(c) Biennial dentist license, inactive.
(d) Permits and certificates.
(e) Delinquency.
(2) Subject to prior approval of the
Oregon Department of Administrative Services and a report to the Emergency
Board prior to adopting the fees and charges, the fees and charges established
under this section and ORS 680.075 shall not exceed the costs of administering
the regulatory program of the board, as authorized by the Legislative Assembly
within the board budget, as the budget may be modified by the Emergency Board.
(3)(a) The board may waive the payment of
the license fee in the case of any licensee who furnishes satisfactory evidence
that the licensee has discontinued the actual practice of dentistry because of
retirement.
(b) Application to reinstate a license
retired under paragraph (a) of this subsection or to convert an inactive status
license to an active status license shall be made in accordance with the rules
of the board and with the submission of the license fee prescribed for such
license; provided, however, that if more than one year has expired since the
license was retired or inactivated, satisfactory evidence of operative
competence must be submitted to the board.
(4) Every dentist shall advise the board
within 30 days of any change of address.
(5) Each dentist must renew the dentist’s
license every two years through submitting a renewal application and paying the
license fee.
(6) Dentists licensed in even-numbered
years must renew by March 31 of each even-numbered year. Dentists licensed in
odd-numbered years must renew by March 31 of each odd-numbered year.
(7) A reasonable charge may be made in the
event that the license fee or renewal application is more than 10 days
delinquent.
(8) Fees paid are not refundable. [Amended
by 1963 c.284 §7; 1967 c.19 §2; 1971 c.34 §2; 1973 c.390 §4; 1977 c.192 §3;
1977 c.444 §3a; 1981 c.232 §2; 1985 c.323 §5; 1989 c.338 §7; 1991 c.703 §25]
679.130 [Amended by 1973 c.390 §5; 1983 c.169 §10;
1991 c.67 §182; repealed by 1999 c.578 §6]
679.140
Discipline of licensee; grounds; procedure; sanctions. (1) The Oregon Board of Dentistry may
discipline as provided in this section any person licensed to practice
dentistry in this state for any of the following causes:
(a) Conviction of any violation of the law
for which the court could impose a punishment if the board makes the finding
required by ORS 670.280. The record of conviction or a certified copy thereof,
certified by the clerk of the court or by the judge in whose court the
conviction is entered, is conclusive evidence of the conviction.
(b) Renting or lending a license or
diploma of the dentist to be used as the license or diploma of another person.
(c) Unprofessional conduct.
(d) Any violation of this chapter or ORS
680.010 to 680.205, of rules adopted pursuant to this chapter or ORS 680.010 to
680.205 or of an order issued by the board.
(e) Engaging in or permitting the
performance of unacceptable patient care by the dentist or by any person
working under the supervision of the dentist due to a deliberate or negligent
act or failure to act by the dentist, regardless of whether actual injury to
the patient is established.
(f) Incapacity to practice safely.
(2) “Unprofessional conduct” as used in
this chapter includes but is not limited to the following:
(a) Obtaining any fee by fraud or
misrepresentation.
(b) Willfully betraying confidences
involved in the patient-dentist relationship.
(c) Employing, aiding, abetting or
permitting any unlicensed personnel to practice dentistry or dental hygiene.
(d) Making use of any advertising statements
of a character tending to deceive or mislead the public or that are untruthful.
(e) Addiction, dependency upon or
self-abuse of alcohol or other drugs.
(f) Obtaining or attempting to obtain a
controlled substance in any manner proscribed by the rules of the board.
(g) Prescribing or dispensing drugs
outside the scope of the practice of dentistry or in a manner that impairs the
health and safety of an individual.
(h) Disciplinary action by a state
licensing or regulatory agency of this or another state regarding a license to
practice dentistry, dental hygiene or any other health care profession when, in
the judgment of the board, the act or conduct resulting in the disciplinary
action bears a demonstrable relationship to the ability of the licensee or
applicant to practice dentistry or dental hygiene in accordance with the
provisions of this chapter. A certified copy of the record of the disciplinary
action is conclusive evidence of the disciplinary action.
(3) The proceedings under this section may
be taken by the board from the matters within its knowledge or may be taken
upon the information of another, but if the informant is a member of the board,
the other members of the board shall constitute the board for the purpose of
finding judgment of the accused.
(4) In determining what constitutes
unacceptable patient care, the board may take into account all relevant factors
and practices, including but not limited to the practices generally and
currently followed and accepted by persons licensed to practice dentistry in
this state, the current teachings at accredited dental schools, relevant
technical reports published in recognized dental journals and the desirability
of reasonable experimentation in the furtherance of the dental arts.
(5) In disciplining a person as authorized
by subsection (1) of this section, the board may use any or all of the
following methods:
(a) Suspend judgment.
(b) Place a licensee on probation.
(c) Suspend a license to practice
dentistry in this state.
(d) Revoke a license to practice dentistry
in this state.
(e) Place limitations on a license to
practice dentistry in this state.
(f) Refuse to renew a license to practice
dentistry in this state.
(g) Accept the resignation of a licensee
to practice dentistry in this state.
(h) Assess a civil penalty.
(i) Reprimand a licensee.
(j) Impose any other disciplinary action
the board in its discretion finds proper, including assessment of the costs of
the disciplinary proceedings as a civil penalty.
(6) If the board places any person upon
probation as set forth in subsection (5)(b) of this section, the board may
determine and may at any time modify the conditions of the probation and may
include among them any reasonable condition for the purpose of protection of
the public and for the purpose of the rehabilitation of the probationer or
both. Upon expiration of the term of probation, further proceedings shall be
abated by the board if the person holding the license furnishes the board with
evidence that the person is competent to practice dentistry and has complied
with the terms of probation. If the evidence fails to establish competence to
the satisfaction of the board or if the evidence shows failure to comply with
the terms of the probation, the board may revoke or suspend the license.
(7) If a license to practice dentistry in
this state is suspended, the person holding the license may not practice during
the term of suspension. Upon the expiration of the term of suspension, the
license shall be reinstated by the board if the board finds, based upon
evidence furnished by the person, that the person is competent to practice
dentistry and has not practiced dentistry in this state during the term of
suspension. If the evidence fails to establish to the satisfaction of the board
that the person is competent or if any evidence shows the person has practiced
dentistry in this state during the term of suspension, the board may revoke the
license after notice and hearing.
(8) Upon receipt of a complaint under this
chapter or ORS 680.010 to 680.205, the board shall conduct an investigation as
described under ORS 676.165.
(9) Information that the board obtains as
part of an investigation into licensee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement involving
licensee or applicant conduct is confidential as provided under ORS 676.175.
Notwithstanding ORS 676.165 to 676.180, the board may disclose confidential
information regarding a licensee or an applicant to persons who may evaluate or
treat the licensee or applicant for drug abuse, alcohol abuse or any other
health related conditions.
(10) The board may impose against any
person who violates the provisions of this chapter or ORS 680.010 to 680.205 or
rules of the board a civil penalty of up to $5,000 for each violation. Any
civil penalty imposed under this section shall be imposed in the manner
provided in ORS 183.745.
(11) Notwithstanding the expiration,
suspension, revocation or surrender of the license, or the resignation or
retirement of the licensee, the board may:
(a) Proceed with any investigation of, or
any action or disciplinary proceedings against, the dentist or dental
hygienist; or
(b) Revise or render void an order
suspending or revoking the license.
(12)(a) The board may continue with any
proceeding or investigation for a period not to exceed four years from the date
of the expiration, suspension, revocation or surrender of the license, or the
resignation or retirement of the licensee; or
(b) If the board receives a complaint or
initiates an investigation within that four-year period, the board’s
jurisdiction continues until the matter is concluded by a final order of the
board following any appeal.
(13) Withdrawing the application for
license does not close any investigation, action or proceeding against an
applicant. [Amended by 1955 c.560 §2; 1961 c.311 §1; 1963 c.284 §8; 1965 c.122 §5;
1971 c.157 §1; 1973 c.554 §1; 1977 c.192 §3a; 1977 c.745 §51; 1979 c.142 §1;
1979 c.744 §53a; 1981 c.185 §2; 1983 c.169 §11; 1985 c.323 §6; 1991 c.734 §73;
1995 c.199 §2; 1997 c.791 §25; 1999 c.253 §1; 1999 c.578 §1; 2003 c.83 §5]
679.150 [Amended by 1961 c.311 §2; 1963 c.284 §9;
1965 c.122 §6; 1967 c.282 §2; 1983 c.169 §12; repealed by 1999 c.578 §6]
679.160
Appeal from board decision.
(1) Any licensee who has been disciplined by the Oregon Board of Dentistry may
obtain judicial review of the decision in the manner prescribed by ORS chapter
183.
(2) Notwithstanding ORS 676.210,
enforcement of the board’s disciplinary order pending appeal shall be
determined pursuant to ORS 183.482 (3). [Amended by 1961 c.311 §3; 1967 c.282 §3;
1973 c.390 §6; 1977 c.192 §4; 1979 c.744 §54; 1983 c.169 §13; 1995 c.199 §3;
2003 c.83 §6]
679.165
Automatic suspension of license in case of mental disorder. The entry of a judgment by any court
establishing the mental disorder of any person holding a license under this
chapter operates as a suspension of such license. Such person may resume
practice only upon a finding by the Oregon Board of Dentistry that the licensee
has been declared restored to mental competence by an order of a court of
competent jurisdiction. [1957 c.552 §3; 1999 c.59 §202; 2003 c.576 §542]
679.170
Prohibited practices. No
person shall:
(1) Sell or barter, or offer to sell or
barter, any diploma or document conferring or purporting to confer any dental
degree, or any certificate or transcript made or purporting to be made,
pursuant to the laws regulating the license and registration of dentists.
(2) Purchase or procure by barter, any
such diploma, certificate or transcript, with intent that it be used as
evidence of the holder’s qualification to practice dentistry, or in fraud of
the laws regulating such practice.
(3) With fraudulent intent, alter in a
material regard any such diploma, certificate or transcript.
(4) Use or attempt to use any such
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.
(5) Willfully make a false written or
recorded oral statement to the Oregon Board of Dentistry in a material regard.
(6) Within 10 days after demand made by
the board, fail to respond to the board’s written request for information or
fail to furnish to the board the name and address of all persons practicing or
assisting in the practice of dentistry in the office of such person at any time
within 60 days prior to the notice, together with a sworn statement showing
under and by what license or authority such person and employee are and have
been practicing dentistry.
(7) Employ or use the services of any
unlicensed person, to practice dentistry or dental hygiene, except as permitted
by ORS 679.025, 679.176 and 680.010 to 680.205. [Amended by 1963 c.284 §10;
1977 c.192 §5; 1981 c.185 §3; 1983 c.169 §14; 1995 c.199 §4; 1999 c.578 §2]
679.175 [1953 c.574 §3; repealed by 1957 c.552 §9]
679.176
Written work orders required for certain services. (1) No dentist may use the services of any
person, not licensed to practice dentistry in this state, to construct, alter,
repair, reline, reproduce or duplicate any prosthetic denture, bridge,
appliance or any other structure to be worn in the human mouth, unless the
dentist first furnishes to such person a written work order, in substantially
the following form:
______________________________________________________________________________
(Date) ______, 2___
TO: (Name of
dental technician or laboratory with address)
RE: (Name or number of patient)
(Description of the work to be done,
including diagrams if necessary, together with specifications of the type of
materials to be used.)
(Name of ordering dentist)
(Address) ______
(Current license number) ___
______________________________________________________________________________
(2) A duplicate copy of each such work
order issued by the dentist shall be retained by each dentist for not less than
two years. The Oregon Board of Dentistry or its agents shall be permitted to
inspect, upon demand, the duplicate copies of all such work orders retained by
each dentist.
(3) No work order shall permit or require
the taking of impressions of any part of the human oral cavity by any person
not a dentist licensed by the board. [1963 c.284 §15]
679.180
Enforcement; jurisdiction.
(1) The district attorney of each county shall attend to the prosecution of all
criminal complaints made under this chapter and may represent the Oregon Board
of Dentistry in any proceeding brought pursuant to ORS 679.027 upon a
complaint, information or indictment filed against any person under this
chapter, or upon request of the board. However, nothing in this chapter shall
be construed to prevent the prosecution of any person for violation of this
chapter upon the information of the district attorney directly or, subject to
the requirements of ORS 676.175, to prevent assistance being rendered to the
district attorney by an employee of the board.
(2) Nothing contained in this chapter
shall be construed to require the district attorney to prosecute any person who
is licensed by the board and who is subject to disciplinary action directly by
the board under any provision of this chapter or ORS 680.010 to 680.205. [Amended
by 1963 c.284 §11; 1967 c.282 §4; 1977 c.192 §6; 1983 c.169 §15; 1997 c.791 §26]
679.230
679.240 [Repealed by 1983 c.169 §34]
679.250
Powers and duties of board; rules. The powers and duties of the Oregon Board of Dentistry are as follows:
(1) To, during the month of April of each
year, organize and elect from its membership a president who shall hold office
for one year, or until the election and qualification of a successor. The board
shall appoint an administrative officer who shall discharge such duties as the
board shall, from time to time, prescribe.
(2) To authorize all necessary
disbursements to carry out the provisions of this chapter, including but not
limited to, payment for necessary supplies, office equipment, books and
expenses for the conduct of examinations, payment for legal and investigative
services rendered to the board, and such other expenditures as are provided for
in this chapter.
(3) To employ such inspectors, examiners,
special agents, investigators, clerical assistants, assistants and accountants
as are necessary for the investigation and prosecution of alleged violations
and the enforcement of this chapter and for such other purposes as the board
may require. Nothing in this chapter shall be construed to prevent assistance
being rendered by an employee of the board in any hearing called by it.
However, all obligations for salaries and expenses incurred under this chapter
shall be paid from the fees accruing to the board under this chapter and not
otherwise.
(4)(a) To conduct examinations of
applicants for license to practice dentistry and dental hygiene at least twice
in each year.
(b) In conducting examinations for
licensure, the board may enter into a compact with other states for conducting
regional examinations with other board of dental examiners concerned, or by a
testing service recognized by such boards.
(5) To meet for the transaction of other
business at the call of the president. A majority of board members shall
constitute a quorum. A majority vote of those present shall be a decision of
the entire board. The board’s proceedings shall be open to public inspection in
all matters affecting public interest.
(6) To keep an accurate record of all
proceedings of the board and of all its meetings, of all receipts and
disbursements, of all prosecutions for violation of this chapter, of all
examinations for license to practice dentistry, with the names and
qualifications for examination of any person examined, together with the
addresses of those licensed and the results of such examinations, a record of
the names of all persons licensed to practice dentistry in Oregon together with
the addresses of all such persons having paid the license fee prescribed in ORS
679.120 and the names of all persons whose license to practice has been revoked
or suspended.
(7) To make and enforce rules necessary
for the procedure of the board, for the conduct of examinations, for regulating
the practice of dentistry, and for regulating the services of dental hygienists
and dental auxiliary personnel not inconsistent with the provisions of this
chapter. As part of such rules, the board may require the procurement of a
permit or other certificate. Any permit issued may be subject to periodic
renewal. In adopting rules, the board shall take into account all relevant
factors germane to an orderly and fair administration of this chapter and of
ORS 680.010 to 680.205, the practices and materials generally and currently
used and accepted by persons licensed to practice dentistry in this state,
dental techniques commonly in use, relevant technical reports published in
recognized dental journals, the curriculum at accredited dental schools, the
desirability of reasonable experimentation in the furtherance of the dental
arts, and the desirability of providing the highest standard of dental care to
the public consistent with the lowest economic cost.
(8) Upon its own motion or upon any
complaint, to initiate and conduct investigations of and hearings on all
matters relating to the practice of dentistry, the discipline of licensees, or
pertaining to the enforcement of any provision of this chapter. In the conduct
of investigations or upon the hearing of any matter of which the board may have
jurisdiction, the board may take evidence, administer oaths, take the
depositions of witnesses, including the person charged, in the manner provided
by law in civil cases, and compel their appearance before it in person the same
as in civil cases, by subpoena issued over the signature of an employee of the
board and in the name of the people of the State of Oregon, require answers to
interrogatories, and compel the production of books, papers, accounts,
documents and testimony pertaining to the matter under investigation or to the
hearing. In all investigations and hearings, the board and any person affected
thereby may have the benefit of counsel, and all hearings shall be held in
compliance with ORS chapter 183. Notwithstanding ORS 676.165, 676.175 and
679.320, if a licensee who is the subject of an investigation or complaint is
to appear before members of the board investigating the complaint, the board
shall provide the licensee with a current summary of the complaint or the
matter being investigated not less than five days prior to the date that the
licensee is to appear. At the time the summary of the complaint or the matter
being investigated is provided, the board shall provide to the licensee a
current summary of documents or alleged facts that the board has acquired as a
result of the investigation. The name of the complainant or other information
that reasonably may be used to identify the complainant may be withheld from
the licensee.
(9) To require evidence as determined by
rule of continuing education or to require satisfactory evidence of operative
competency before reissuing or renewing licenses for the practice of dentistry
or dental hygiene.
(10) To adopt and enforce rules regulating
administration of general anesthesia and conscious sedation by a dentist or
under the supervision of a dentist in the office of the dentist. As part of
such rules, the board may require the procurement of a permit which must be
periodically renewed.
(11) To order an applicant or licensee to
submit to a physical examination, mental examination or a competency
examination when the board has evidence indicating the incapacity of the
applicant or licensee to practice safely. [Amended by 1953 c.8 §2; 1957 c.552 §8;
1963 c.284 §13; 1965 c.122 §7; 1973 c.390 §7; 1973 c.829 §64; 1977 c.192 §7;
1983 c.169 §17; 1985 c.323 §7; 1989 c.338 §10; 1999 c.578 §3; 1999 c.751 §6]
679.253
Authority of board to require fingerprints. For the purpose of requesting a state or nationwide criminal records
check under ORS 181.534, the Oregon Board of Dentistry may require the
fingerprints of a person who: