Ohio Adm.Code 4715 | Ohio Administrative Code 4715 — State Dental Board

Chapter 4715-1 General Provisions

Ohio Adm.Code 4715-1-01 Method of public notice.

(A) Prior to the proposed adoption, amendment or rescission of any rule by the state dental board, public notice thereof shall be given at least thirty days prior to the date set for the public hearing thereon, by publication of that notice in the register of Ohio. Such notice shall include a statement of the board's intention to consider adopting, amending, or rescinding a rule; a synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the subject matter to which the proposed rule, amendment or rescission relates; a statement of the reason or purpose for adopting, amending, or rescinding the rule; and the date, time, and place of the public hearing on said proposed actions.

(B) The board may give whatever other notice it reasonably considers necessary including, but not limited to, the following;

(1) The board may post the notice of the public rules hearing on the board's web site.

(2) The board may maintain a mailing list of all persons who have made a prior written request to receive a copy of each public notice provided for in paragraph (A) of this rule, and copies of such notices shall be sent by regular mail or electronic mail to each person on the mailing list at least thirty days prior to the date set for the hearing. Upon request, the board shall also promptly send a copy of any notice provided for in paragraph (A) of this rule by regular or electronic mail to any person not appearing on its mailing list. The board may assess a reasonable fee, not to exceed the cost of copying and mailing, for notices sent to persons in accordance with this rule.

(3) Copies of the notice of the public rules hearing and the full text of the proposed rules shall be available at the board's offices at least thirty days prior to the date of the public rules hearing.

(C) Prior to the effective date of a rule, amendment, or rescission, the board shall make a reasonable effort to inform those affected by the rule, amendment, or rescission. The method of notification may include posting the full text of the rule as adopted or amended on the board's web site, publishing the rules in the board's newsletter, and/or sending by regular mail or electronic mail a notice of the action to all persons whose name appears on the mailing list maintained by the board pursuant to paragraph (A) of this rule, or to any person or his attorney who provided evidence, oral testimony, and/or a written statement which were made part of the record of the public hearing held pursuant to section 119.03 of the Revised Code. The board may assess a reasonable fee, not to exceed the cost of copying and mailing, for notices sent to persons in accordance with this rule.

Last updated September 8, 2023 at 1:53 PM

History

Effective: May 22, 2009
Promulgated Under: 119.03

Chapter 4715-3 Definitions

Ohio Adm.Code 4715-3-01 Definitions.

Definition of terms are listed by category.

(A) Advertising terms

(1) "Invasion of privacy" - to encroach upon or violate a person's personal, intimate, and/or private space.

(2) "Misrepresentation" - to represent falsely, wrongly, or misleadingly.

(3) "Overreach"

to get the better of, especially by deceit or trickery; to outwit; to reach too far; to cheat others.

(4) "Reasonably dignified" - possessing distinction, poise, honor, esteem.

(5) "Reasonably restrained" - moderation in action or expression.

(6) "Undue influence" - using power in an excessive or unreasonable way to produce effects, either, directly, indirectly, or through an intermediary.

(7) "Unreasonable interference" - to unreasonably come between so as to impede, hinder or obstruct

(B) Anesthesia/sedation terms

(1) "Administration" - providing, applying, or injecting a drug or other therapeutic agent for a patient of record, including providing a patient with a controlled substance or other dangerous drug that is to be used incidental to, or contemporaneously with, a planned procedure, with the intent of being an integral and indicated action to properly initiate and complete the dental procedure within the standard of care in dentistry.

(2) "Analgesia" - the diminution or elimination of pain.

(3) "Anesthesia" - the administration of drugs or other means to manage anxiety, pain, and awareness. Anesthesia includes analgesia, local anesthesia, minimal sedation, moderate sedation, deep sedation, and general anesthesia.

(4) "General anesthesia provider" - the licensed and legally authorized individual responsible for administering medications that provide analgesia local anesthesia, minimal, moderate or deep sedation, or general anesthesia, and who possesses at least one of the following credentials:`

(a) A dentist possessing an active general anesthesia permit or provisional general anesthesia privileges issued by the board;

(b) An Ohio-licensed physician who has successfully completed graduate medical education as defined in division (B) of section 4731.04 of the Revised Code in the medical specialty of anesthesiology; or

(c) A licensed Ohio nurse who is a certified registered nurse anesthetist and who provides deep sedation or general anesthesia in a dental office under the direct personal, on-site supervision of a provider as defined in paragraph (B)(4)(a) or (B)(4)(b) of this rule.

(5) "Moderate sedation provider" - the licensed and legally authorized individual responsible for administering medications that provide analgesia, local anesthesia or minimal or moderate sedation, and who possesses at least one of the following credentials:

(a) A dentist possessing an active moderate sedation permit or provisional moderate sedation privileges issued by the board;

(b) A licensed Ohio nurse who is a certified registered nurse anesthetist and who provides analgesia, local anesthesia, or minimal or moderate sedation as defined in paragraphs (B)(18) and/or (B)(19) of this rule in a dental office under the direct personal, on-site supervision and within the scope of the permit of a dentist holding a moderate sedation permit throughout the entire anesthesia time;

(6) "Anesthesia continuum"

(a) The anesthesia continuum represents a spectrum encompassing analgesia, local anesthesia, sedation, and general anesthesia along which no single part can be simply distinguished from neighboring parts. It is not the route of administration that determines or defines the level of anesthesia administered. The location on the continuum defines the level of anesthesia administered.

(b) The level of anesthesia on the continuum is determined by the definitions listed in paragraph (B) of this rule. Elements used to determine the level of anesthesia include the level of consciousness and the likelihood of the need for provider intervention(s), based upon the following patient parameters:

(i) Responsiveness of the patient;

(ii) Airway intervention and patency;

(iii) Respiratory function (breathing); and

(iv) Cardiovascular stability.

(7) "Anxiolysis" - the diminution or elimination of anxiety.

(8) "Conscious sedation" - means moderate sedation.

(9) "Continual" - repeated regularly and frequently in a steady succession.

(10) "Continuous" - prolonged without any interruption at any time.

(11) "Deep sedation" - a drug-induced depression of consciousness during which patients cannot easily be aroused but respond purposefully following repeated or painful stimulation. The ability to independently maintain ventilatory function may be impaired. Patients may require assistance in maintaining a patent airway, and spontaneous ventilation may be inadequate. Cardiovascular function is usually maintained.

(12) "Dental office" - for purposes of paragraph (B) of this rule, the location where a dentist administers analgesia, local anesthesia, minimal sedation, moderate sedation, deep sedation, or general anesthesia. A hospital as defined in section 3727.01 of the Revised Code is not a dental office.

(13) "Enteral" - any technique of administration in which the agent is absorbed through the gastrointestinal (GI) tract or oral mucosa [i.e., oral, rectal, sublingual].

(14) "General anesthesia" - a drug-induced loss of consciousness during which patients are not arousable even by painful stimulation. The ability to independently maintain ventilatory function is often impaired. Patients often require assistance in maintaining a patent airway, and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function. Cardiovascular function my be impaired.

(15) "Immediately available" - on site in the facility and available for immediate use.

(16) "Inhalation" - a technique of administration in which a gaseous or volatile agent is introduced into the pulmonary tree and whose primary effect is due to absorption through the pulmonary bed.

(17) "Local anesthesia" - the elimination of sensation, especially pain, in one part of the body by topical application or regional injection of a drug.

(18) "Minimal sedation" - a minimally depressed level of consciousness, produced by a pharmacological method, that retains the patient's ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command. Although cognitive function and coordination may be modestly impaired, ventilatory and cardiovascular functions are unaffected.

(19) "Moderate sedation" - a drug-induced depression of consciousness during which patients respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation. No interventions are required to maintain a patent airway, and spontaneous ventilation is adequate. Cardiovascular function is usually maintained. The drugs and/or techniques used should carry a margin of safety wide enough to render unintended loss of consciousness unlikely.

(20) "Monitoring" - evaluation of patients to assess physiological conditions and level of anesthesia.

(21) "Parenteral" - a technique of administration in which the drug bypasses the gastrointestinal (GI) tract [i.e., intramuscular (IM), intravenous (IV), intranasal (IN), submucosal (SM), subcutaneous (SC), intraocular (IO)].

(22) "Anesthesia time" - the time from the beginning of the pre-anesthesia assessment until the patient is discharged from anesthesia care.

(23) "Time-oriented anesthesia record" - documentation at appropriate intervals of drugs, doses and physiologic data obtained during patient monitoring.

(24) "Topical anesthesia" - the elimination of sensation, especially pain, in one part of the body by skin or mucous membrane surface application of a drug.

(25) "Transdermal/transmucosal"

a technique of administration in which the drug is administered by patch or iontophoresis.

(1) "Acute pain" pain that normally fades with healing, is related to tissue damage or trauma, significantly alters a patient's typical function and is expected to be time limited.

(2) "Dentist"

a person holding a license under Chapter 4715. of the Revised Code to practice dentistry.

(3) "Extended-release or long-acting opioid analgesic"

a controlled substance opioid analgesic, as defined in section 3719.01 of the Revised Code, that includes any of the following:

(a) The drug has United States food and drug administration approved labeling indicating that it is an extended-release or controlled release formulation; or

(b) The drug is administered via a transdermal route; or

(4) "Morphine equivalent dose"- the conversion of various opioid analgesics to the same amount of morphine by the use of accepted conversion tables provided by the state of Ohio board of pharmacy at https://www.ohiopmp.gov/MED_Calculator.aspx.

(5) "Minor"- an individual under the age of eighteen years of age who is not emancipated.

(6) "Opioid analgesic" - has the same meaning as in section 3719.01 of the Revised Code and means a controlled substance that has analgesic pharmacologic activity at the opioid receptors of the central nervous system, including but not limited to the following drugs and their varying salt forms or chemical congeners: buprenorphine, butorphanol, codeine (including acetaminophen and other combination products), dihydrocodeine, fentanyl, hydrocodone (including acetaminophen combination products), hydromorphone, meperidine, methadone, morphine sulfate, oxycodone (including acetaminophen, aspirin, and other combination products), oxymorphone, tapentadol, and tramadol.

(D) Dental personnel

(1) "Licensed dentist" - a graduate of an accredited or a foreign dental school who has successfully passed all examinations, completed all application requirements for licensure in Ohio as set forth in section 4715.10 of the Revised Code and the agency rules of this board, and holds a current license to practice dentistry in Ohio which is not suspended or revoked by board action.

(2) "Unlicensed dentist" - a graduate of an accredited dental school who has not successfully passed all examinations or completed the application requirements for licensure in Ohio as set forth in section 4715.10 of the Revised Code and the agency rules of this board; or the holder of a license to practice dentistry in Ohio which has been suspended or revoked by board action.

(3) "Graduates of unaccredited dental colleges located outside the United States" - a graduate of a dental school that is located outside the United States and is not accredited by the commission on dental accreditation.

(4) "Dental student" - a student in good standing currently enrolled in an accredited dental school.

(5) "Licensed dental hygienist" - a graduate of an accredited dental hygiene school or program who has successfully passed all examinations, completed all application requirements for licensure in Ohio as set forth in section 4715.21 of the Revised Code and the agency rules of this board, and holds a current license to practice dental hygiene in Ohio which is not suspended or revoked by board action.

(6) "Unlicensed dental hygienist" - a graduate of an accredited dental hygiene school or program who has not successfully passed all examinations or completed the application requirements for licensure in Ohio as set forth in section 4715.21 of the Revised Code and the agency rules of this board; or the holder of a license to practice dental hygiene in Ohio which has been suspended or revoked by board action.

(7) "Certified assistant" - a dental assistant who maintains current certification by completion of the continuing education requirements upon successfully passing the "Certified Dental Assistant" (CDA) certification examination of the dental assisting national board (DANB) or the certification examination of the commission on Ohio dental assistant certification (CODA), or the registered dental assistant examination (RDA) of the American medical technologists (AMT).

(8) "Basic qualified personnel" - basic qualified personnel are those persons who are adjudged by the licensed dentist to be capable and competent of performing basic remediable intra-oral and extra-oral dental tasks and/or procedures under his or her direct supervision and full responsibility. These persons must be trained directly via an employer-dentist, via a planned sequence of instruction in an educational institution or via in-office training.

(9) "Advanced qualified personnel" (hereinafter referred to as expanded function dental auxiliaries or EFDA's) - those persons who have passed the Ohio state dental board designated examination for expanded function dental auxiliaries who may perform advanced remediable intra-oral dental tasks and/or procedures under the direct supervision and full responsibility of a licensed dentist.

Upon submitting proof of successful completion of acceptable training on a form prescribed by the board and signed by the chief administrative officer of the program at the accredited institution, the following applicants shall be admitted to the state board designated examination for expanded function dental auxiliary:

(a) "Unlicensed dentist" - a graduate of an accredited dental school unless his license is under suspension or revocation by the board.

(b) "Dental student" - a dental student in good standing and currently enrolled in an accredited institution, upon recommendation of the dean.

(c) "Graduates of unaccredited dental colleges located outside the United States" - a graduate of a dental school located outside the United States that is not accredited by the commission on dental accreditation and after admission to an accredited educational institution or program.

(d) "Certified assistant" - a certified assistant if he or she has satisfactorily completed training in advanced remediable intra-oral dental tasks and/or procedures through an accredited educational institution or program whose educational standards are recognized and/or accredited by the commission on dental accreditation or the higher learning commission (formerly known as the higher learning commission of the north central association of colleges and schools). The curriculum must include clinical experience.

(e) "Licensed dental hygienist" - a graduate of an accredited dental hygiene program if he or she has satisfactorily completed training in advanced remediable intra-oral dental tasks and/or procedures through an accredited educational institution or program whose educational standards are recognized and/or accredited by the American dental association commission on dental accreditation, unless his or her license is under suspension or revocation. The curriculum must include clinical experience.

(f) "Unlicensed dental hygienist" - a graduate of an accredited dental hygiene program if he or she has satisfactorily completed training in advanced remediable intra-oral dental tasks and/or procedures through an accredited educational institution or program whose educational standards are recognized and/or accredited by the commission on dental accreditation or the higher learning commission (formerly known as the higher learning commission of the north central association of colleges and schools). The curriculum must include clinical experience.

(10) "Dental auxiliaries" - dental auxiliaries are all persons, not licensed to practice dentistry in Ohio, who assist in the dental practice.

(a) Subject to those more specific laws or rules regulating the functions of basic qualified personnel, expanded function dental auxiliaries and hygienists, a dental auxiliary may, under the personal supervision and full responsibility of a licensed dentist, assist in the concurrent performance of supportive procedures, and may assist with the administration of drugs, medications, and inhalation anesthetic agents, including nitrous oxide.

(b) Further, parenteral injections for the administration of drugs, including local anesthetic agents may not be delegated to dental auxiliaries unless they are appropriately licensed in the state of Ohio.

(11) "Dental health care workers" - dental health care workers are all personnel utilized by a licensed dentist who assist in a dental practice and who may be exposed to body fluids such as blood or saliva.

(E) Disciplinary terms

(1) "Revocation" - permanent loss of license to practice in Ohio with no ability to apply for licensure in this state in the future.

(2) "Suspension" - loss of license to practice for a specific period of time (definite suspension) or until specific conditions are met (indefinite suspension). In the case of indefinite suspension, the board may specify a minimum period of time during which the licensee may not practice, in addition to other conditions for reinstatement of license.

(3) "Restriction" - license to practice is restricted in some way (eg., licensee is prohibited from practicing a certain specialty or procedure or prescribing, etc.) or is subject to terms and conditions specified by the board. The restriction can be permanent or temporary.

(4) "Probation"

a specific type of restriction wherein the license to practice remains dependent upon compliance with terms and conditions specified by the board (eg., periodic appearances, drug logs, reports by treating practitioners, etc.). The probation period may be for a definite or indefinite period of time. In the case of indefinite probation, the board may establish a minimum probationary period, with provisions for termination of probation at the board's discretion thereafter.

(5) "Censure/reprimand" - the licensee is formally and publicly reprimanded in writing.

(F) Educational terms

(1) "Accreditation" - a procedure for recognizing or certifying that an educational institution or program meets prescribed standards that qualify its graduates for entitlement to take the state board designated examination.

(2) "Accredited educational institution or program" - an educational institution or program accredited by one or more of the following:

(a) commission on dental accreditation; responsible for the accreditation of dental and dental-related education within the United States and Canada.

(b) Accreditation council for graduate medical education (ACGME); responsible for the accreditation of post-doctoral medical training programs within the United States.

(c) The joint commission (JC); responsible for the evaluation and accreditation of health care organizations and programs in the United States. An independent, not-for-profit accrediting organization which sets professionally based standards and evaluates the compliance of health care organizations.

(3) "Accredited dental school" - a dental school accredited by the commission on dental accreditation.

(4) "Accredited dental hygiene program" - a dental hygiene program accredited by the commission on dental accreditation.

(5) "Accredited dental assisting program" - a dental assisting program accredited by the commission on dental accreditation.

(6) Education:

(a) "Continuing education" means educational and scientific courses consisting of activities designed to review existing concepts and techniques, to convey information beyond the basic dental education and to update knowledge on advances in scientific, and clinical practice related subject matter, including evidence based dentistry wherein the objective is to improve the knowledge, skills and ability of the individual to provide the highest quality of service to the public and the profession.

(b) "Remedial education" means a prescribed educational intervention that is designed to restore an identified practice deficiency of a licensee to conformity with the accepted standards of the profession. Remediation includes, but is not limited to, successful demonstration by the licensee that the learned knowledge and skills have been incorporated into the licensee's practice.

(G) General terms

(1) "Must/shall" - indicates an imperative need and/or duty; an essential or indispensable item; mandatory.

(2) "Should" - indicates the recommended manner to obtain the standard; highly desirable.

(3) "May" - indicates freedom, or liberty to follow a reasonable alternative.

(4) "Immediately available" - on site in the facility and available for immediate use/review/inspection.

(5) "All" - the whole extent or quantity of; every one of; the entire number of.

(H) Impairment

(1) "Impairment" - means impairment of ability to practice under accepted standards of the profession because of physical or mental disability, or dependence on alcohol or other drugs, or habitual or excessive use or abuse of alcohol, drugs or other substances. Impairment includes inability to practice in accordance with such standards, and inability to practice in accordance with such standards without appropriate treatment, monitoring and supervision.

(2) "Inability to practice" - means impairment of ability to practice under accepted standards of the profession because of physical or mental disability, dependence on alcohol or other drugs, or excessive use of alcohol or other drugs.

(3) "No longer drug or alcohol dependent" - means a demonstration of abstinence from alcohol, and from drugs or substances that may impair the ability to practice.

(4) "Relapse" - means any use of, or obtaining for the purpose of using, alcohol or other drugs or substances that may impair the ability to practice, including a return to the pattern of impairment activities, by one previously diagnosed and treated for drug or alcohol abuse or dependence. This does not apply to substances obtained pursuant to the direction of a treating physician who has knowledge of the patient's history and the disease of addiction, or pursuant to the direction of a physician in a medical emergency.

(I) Infection control

(1) "Appropriate disinfectant" - a diluted bleach solution, EPA-registered tuberculocides, sterilants, or products registered against HIV/HBV, provided the surfaces have not become contaminated with agents or volumes of or concentrations of agents for which higher level disinfection is recommended.

(2) "Chemical sterilization process" - use of a sterilant cleared by the food and drug administration in a 510 (K) in accordance with the manufacturer's instructions.

(3) "Immediate remedial action" - after the first positive spore test occurs, a second biological spore test must be performed according to manufacturer's guidelines. In the event a second positive biological spore test occurs, the device must be removed from service until repaired.

(4) "Overgloving" - placing one disposable glove over another disposable glove when the first glove is contaminated.

(J) Levels of knowledge

(1) "Familiarity" - a simplified knowledge for the purpose of orientation and recognition of general principles.

(2) "In-depth"

a thorough knowledge of concepts and theories for the purpose of critical analysis and the synthesis of more complete understanding (highest level of knowledge).

(K) Levels of skill

(1) "Exposed" - the level of skill attained by observation of or participation in a particular activity.

(2) "Competent"

displaying special skill or knowledge derived from training and experience.

(3) "Proficient" - the level of skill attained when a particular activity is accomplished with repeated quality and a more efficient utilization of time (highest level of skill).

(L) Miscellaneous terms

(1) "Casts" - any platform from which a restoration is constructed.

(2) "Director of continuing education practicum" - the director of a continuing education practicum must be a dentist licensed to practice in the state of Ohio.

(3) "Emergency" - a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.

(4) "Final impression for digital capture" - the digital or analog image or compilation of images approved and submitted by the supervising dentist for the construction of casts which is captured by the digital scanning of any hard or soft tissue bearing area, whether intra-orally or extra-orally for the purpose of fabricating a prosthesis.

(5) "Final placement or removal of appliances" - the word "final" as used in paragraphs (B) and (C) of rule 4715-11-06 of the Administrative Code means the last step in the therapeutic process concerning the placement, replacement or removal of a removable appliance, or a fixed appliance directly attached to a tooth or teeth by cementation, direct bonding or other similar process, and the same applies to appliances utilized for the correction of malpositions of the teeth. The temporary placement of any appliance is not considered the final placement in the therapeutic process

(6) "License" - a current valid license, registration, certificate or permit issued pursuant to sections 4715.01 to 4715.99 of the Revised Code, which has not been revoked or suspended.

(7) "Licensee" - the holder of a current valid license, registration, certificate or permit issued pursuant to sections 4715.01 to 4715.99 of the Revised Code, which has not been revoked or suspended.

(8) "Treatment day" - any portion of any day during which treatment is rendered to a patient constitutes a treatment day.

(M) Personal information system

(1) "Access" as a noun means an opportunity to copy, view, or otherwise perceive whereas "access" as a verb means to copy, view, or otherwise perceive.

(2) "Acquisition of a new computer system" means the purchase of a "computer system," as defined in this rule, that is not a computer system currently in place nor one for which the acquisition process has been initiated as of the effective date of the board rule addressing requirements in section 1347.15 of the Revised Code.

(3) "Computer system" means a "system," as defined by section 1347.01 of the Revised Code that stores, maintains, or retrieves personal information using electronic data processing equipment.

(4) "Confidential personal information" (CPI) has the meaning as defined by division (A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the board in accordance with division (B)(3) of section 1347.15 of the Revised Code that reference the federal or state statutes or administrative rules that make personal information maintained by the board confidential.

(5) "Employee of the board" means each employee of the dental board, as well as each member of the dental board appointed to the board pursuant to section 4715.02 of the Revised Code.

(6) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

(7) "Individual" means natural person or the natural person's authorized representative, legal counsel, legal custodian, or legal guardian.

(8) "Information owner" means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

(9) "Person" means natural person.

(10) "Personal information" has the same meaning as defined in division (E) of section 1347.05 of the Revised Code.

(11) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes manual and computer systems.

(12) "Research" means a methodical investigation into a subject.

(13) "Routine" means common place, regular, habitual, or ordinary.

(14) "Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating to the board's employees that is maintained by the board for administrative and human resource purposes.

(15) "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.

(16) "Upgrade" means a substantial redesign of an existing system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modifications that entail a limited addition of functionality due to changes in business or legal requirements.

(N) Military personnel/veterans

(1) For the purposes of Chapters 4715-1 to 4715-40 of the Administrative Code, and except as otherwise provided, the following definitions shall apply:

(a) "Active duty service members" means any member of the armed forces of the United States performing active duty under title 10 of the United States Code.

(b) "Armed forces: means the armed forces of the United States, including the army, navy, air force, marine corps, coast guard, or any reserve components of those forces; the national guard of any state; the commissioned corps of the United States public health service; the merchant marine service during wartime; such other service as may be designated by congress; or the Ohio organized militia when engaged in full-time national guard duty for a period of more than thirty days.

(c) "Applicant" means an individual who applies to the board for a license, permit, certificate, or registration or renewal, reinstatement or reactivation of a license, permit, certificate, or registration to practice as:

(i) A licensed dentist;

(ii) A licensed dentist with an anesthesia or conscious sedation permit:

(iii) A licensed dental hygienist;

(iv) A dental x-ray machine operator; or

(v) An expanded function dental auxiliary.

(d) "Service member" means any person who is serving in the armed forces.

(e) "Merchant marine" includes the United States army transport service and the United States naval transport service.

(f) "Veteran" means any person who has completed service in the armed forces, including the national guard of any state, or a reserve component of the armed forces, who has been discharged under honorable conditions from the armed forces or who has been transferred to the reserve with evidence of satisfactory service.

(O) Special needs program

(1) "Special needs program" - a program that is operated through a school district board of education or the governing board of an educational service center; the board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code; a national, state, district, or local dental association; or any other public or private entity recognized and approved by the state dental board.

(P) Supervision

(1) "Supervision" - acts are deemed to be under the supervision of a licensed dentist when performed in a dental facility wherein a licensed dentist is physically present at all times during the performance of such acts and such acts are performed pursuant to his or her order, control and full professional responsibility. Such acts shall be performed only after examination and diagnosis by said dentist and in accordance with said dentist's treatment plan for the procedure to be performed by the licensed dental hygienist, certified assistant, expanded function dental auxiliary, and/or dental x-ray machine operator. This definition is subject to the exceptions noted in sections 4715.22, 4715.39, 4715.56, and 4715.64 of the Revised Code.

(2) "Direct supervision" - acts are deemed to be under the direct supervision of a licensed dentist when performed in a dental facility wherein a licensed dentist is physically present at all times during the performance of such acts and such acts are performed pursuant to his order, control and full professional responsibility, and are checked and approved by the licensed dentist before the patient upon whom such act has been performed departs from the dental facility of said dentist.

(3) "Personal supervision" - acts are deemed to be under the personal supervision of the licensed dentist when the dentist is personally operating on a patient and authorizes an auxiliary to aid treatment by concurrently performing supportive procedures.

(4) "Under the direction of" - pursuant to division (A) of section 4715.16 of the Revised Code, acts are deemed to be under the direction of a licensed dentist when performed in a dental facility wherein a licensed dentist is physically present at all times during the performance of such acts and performed pursuant to his or her control and oversight. Acts are also deemed to be under the direction of a licensed dentist when performed in connection with residency programs approved by the commission on dental accreditation and operated in accordance with the guidelines for the supervision of residents as set forth in the accreditation standards.

(Q) Tasks and/or procedures categories

(1) "Basic remediable intra-oral and extra-oral dental tasks and/or procedures" - those dental tasks and/or procedures which do not create irreparable changes within the oral cavity and/or the contiguous structures and which are set forth in rule 4715-11-02 of the Administrative Code.

(2) "Advanced remediable intra-oral dental tasks and /or procedures" - all tasks and/or procedures, with consideration of the soft tissue, involved in the art or placement of preventive or restorative materials limited to the following:

(a) Placement of sealants;

(b) Amalgam restorative materials; and

(3) "Irremediable tasks and/or procedures" - irremediable tasks and/or procedures are those which, when performed, may create irreparable changes within the oral cavity or contiguous structures. Further, parenteral injections for the administration of drugs, including local anesthetic agents, are considered to be irremediable tasks under agency 4715 of the Administrative Code.

(4) "Surgery" means any procedure that involves cutting or otherwise infiltrating hard or soft human tissue, including but not limited to gingivae, bone and tooth structure, by mechanical means, including, laser surgery, therapeutic ionizing radiation, and therapeutic ultrasound.

Last updated April 2, 2024 at 9:00 AM

History

Effective: April 1, 2024
Promulgated Under: 119.03

Chapter 4715-4 Criminal Records Check

Ohio Adm.Code 4715-4-01 Criminal records check.

(A) All applicants for initial licensure pursuant to sections 4715.12, 4715.16, 4715.21, and 4715.27 of the Revised Code, shall submit to a criminal records check completed by the bureau of criminal identification and investigation in accordance with sections 4715.101 of the Revised Code. The results of the criminal records check shall be received by the board prior to the issuance of a license to practice.

(B) An applicant requesting a criminal records check shall provide the bureau of criminal identification and investigation with the applicant's name and address and with the name and address for the Ohio state dental board.

(C) In the request, the applicant shall ask the superintendant of the bureau of criminal identification and investigation to obtain from the federal bureau of investigation any information it has pertaining to the applicant.

(D) The dental board will only accept the results of a criminal records check that is submitted to the board directly from the bureau of criminal identification and investigation.

Last updated September 8, 2023 at 1:53 PM

History

Effective: May 22, 2009
Promulgated Under: 119.03

Chapter 4715-5 Dentists

Ohio Adm.Code 4715-5-01 Criteria for admission to dental licensing examination.

The Ohio state dental board will admit to examination only those persons who have graduated from a dental college which was accredited at the time of graduation, or who has received certification from the dean of the accredited dental college stating the applicant will be graduating from the dental college and who have met the requirements set forth in section 4715.10 of the Revised Code.

Last updated December 6, 2023 at 1:06 PM

History

Effective: May 15, 2003
Promulgated Under: 119.03

Ohio Adm.Code 4715-5-01.1 Requirements for initial licensure for dentists.

(A) Applicants for licensure to practice dentistry as provided in sections 4715.10, 4715.11 and 4715.12 of the Revised Code, shall furnish satisfactory proof of the following on a form prescribed and provided by the state dental board:

(1) Be at least eighteen years of age; and

(2) Be of good moral character; and

(3) Be a graduate of an accredited dental college, or a graduate of an unaccredited dental college located outside the United States and meets the requirements set forth in rule 4715-18-01 of the Administrative Code; and

(4) Has successfully passed all parts of the examination given by the joint commission on national dental examinations; and

(5) Provides evidence of successfully passing all components based on a conjunctive scoring method of one of the following regional board examinations: the North east regional board of dental examiners, inc. (NERB), the Central regional dental testing service, inc. (CRDTS), the Southern regional testing agency, inc. (SRTA), or the Western regional examining board (WREB); or

(6) Possesses a license in good standing from another state for five years and has actively engaged in the legal and reputable practice of dentistry in another state or in the armed forces of the United States, the United States public health service, or the United States department of veterans' affairs for five years immediately preceding application.

(7) Have successfully completed a dental residency program accredited or approved by the commission on dental accreditation and administered by an accredited dental college or hospital, as attested to by the director of the program on a form prescribed and provided by the board.

(B) Each applicant shall successfully pass a written jurisprudence examination approved by the state dental board on the statute and rules governing the practice of dentistry in the state of Ohio.

Last updated March 4, 2026 at 9:11 AM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-5-02 Written work authorization.

(A) The Ohio state dental board hereby prescribes that the written work authorization required in division (B) of section 4715.09 of the Revised Code shall be on printed forms for both original and copy and shall contain the following:

(1) The name and address of the entity or person to whom the written work authorization is directed, hereinafter referred to as "primary contractor".

(2) The patient's name and/or identifying number. In the event such identifying number is used, the name of the patient shall be written upon a copy of such written work authorization retained by the dentist.

(3) A description of the work to be done, with diagrams if applicable.

(4) A description of the type of the materials to be used.

(5) The actual date on which the authorization was written.

(6) The original signature in ink by the dentist issuing the said written work authorization, his state dental license number and his office address.

(7) A section to be completed by the primary contractor and returned to the issuing dentist that shall disclose all of the following information and certify that the information is accurate by including the signature of a responsible party of the primary contractor:

(a) A list of all materials in the composition of the final appliance;

(b) The location where the appliance was fabricated, including the name, address, phone number and FDA registration number, if applicable, of the person or entity performing the work;

(c) The location, including name, address, phone number and FDA registration number, if applicable, of any sub-contractors utilized to perform some or all of the services relative to the fabrication of the appliance;

(d) A description of all disinfection methods used in the fabrication of the appliance.

(B) Upon request, the dentist shall provide each patient or authorized patient representative with a duplicate copy of the section of the form described in paragraph (A)(7) of this rule.

(C) The dentist shall retain a copy of the written work authorization for two years from its date as a part of the patient record.

(D) The primary contractor shall retain the original work authorization for two years from its date. Copies of work authorization forms shall be open for inspection by the Ohio state dental board and its investigators.

(E) If the primary contractor receiving a written work authorization from a licensed dentist engages another unlicensed person, partnership, association, or corporation (herein referred to as "sub-contractor") to perform some of the services relative to such work authorization, as provided for in division (C) of section 4715.09 of the Revised Code, he or it shall notify the issuing dentist in advance of the fabrication of the appliance of the name and location of the subcontractor and shall furnish a written sub-work authorization with respect thereto on forms prescribed by the state dental board.

The sub-contractor shall retain the sub-work authorization and the primary contractor shall retain a duplicate copy, attached to the work authorization received from the licensed dentist, for inspection by the state dental board or its duly authorized agents, for a period of two years. Copies of work authorization forms shall be open for inspection by the Ohio state dental board and its investigators.

(F) The foregoing does not prohibit the inclusion of additional information on the written work authorization when the same is necessary or desirable.

(G) "Unlicensed person, partnership, association or corporation" as used in this rule, includes, but is not limited to, dental laboratory or dental laboratory technician.

(H) "Appliance" as used in this rule, includes, but is not limited to, any denture, plate, bridge, splint, crown, veneer, or orthodontic or prosthetic dental device.

Last updated September 8, 2023 at 1:54 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-5-03 Examination for dentists.

(A) In order to fulfill the requirements of division (D)(1) of section 4715.10 of the Revised Code and paragraph (A)(5) of rule 4715-5-01.1 of the Administrative Code, each applicant for licensure to practice dentistry in the state of Ohio must provide evidence of a passing score on each component of the regional examination as established by the agency for the component.

(B) In cases wherein the regional examining agency has not established passing scores for each component of the examination the board requires that each component must be passed by a minimum seventy-five per cent.

Last updated September 8, 2023 at 1:54 PM

History

Effective: June 7, 2004
Promulgated Under: 119.03

Ohio Adm.Code 4715-5-04 Specialty designation.

(A) A licensed dentist is recognized as a specialist in Ohio if the dentist meets the standards set forth in paragraph (B) of this rule. Any licensed dentist who does not meet the standards set forth in paragraph (B) of this rule is a general dentist. A general dentist is permitted to render specialty services in Ohio.

(B) A licensed dentist must comply with the following requirements before being recognized as a specialist in Ohio:

(1) The indicated specialty(s) of dentistry must be those for which there are certifying boards recognized by the American dental association; and

(2) The licensed dentist seeking specialty recognition must have successfully completed a post-doctoral education program for each specialty, which post-doctoral education program, at the time of completion, was accredited or held "preliminary provisional approval" or "accreditation eligible status" by the American dental association commission on dental accreditation; or

(3) The requirements of paragraph (B)(2) of this rule shall not apply to otherwise qualified specialists who have announced their specialty or designation prior to August 1, 1974.

(C) The use of the terms "specialist", "specializes" or the terms "orthodontist", "oral and maxillofacial surgeon", "oral and maxillofacial radiologist", "periodontist", "pediatric dentist", "prosthodontist", "endodontist", "oral pathologist", or "public health dentist" or other similar terms which imply that the dentist is a specialist may only be used by licensed dentists meeting the requirements of paragraph (B) of this rule.

(D) All licensed dentists who advertise services must comport with rules 4715-13-01 to 4715-13-05 of the Administrative Code.

(E) Rules regarding the advertising of specialty services are specifically set forth in rule 4715-13-05 of the Administrative Code.

History

Effective: December 22, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-5-05 Use of general anesthesia and deep sedation.

(A) No dentist shall administer general anesthesia or deep sedation to a patient of any age in the state of Ohio unless such dentist possesses a general anesthesia permit issued by the board or has obtained provisional general anesthesia privileges as set forth in paragraph (C) of this rule. The dentist holding such a permit shall be subject to review and such permit must be renewed biennially.

No dentist shall administer or employ any agent(s) with a narrow margin for maintaining consciousness including, but not limited to, potent volatile anesthetic agents, ultra-short acting barbiturates, propofol, ketamine, and similarly acting drugs, or a quantity of agents, or techniques, or any combination thereof that would likely render a patient deeply sedated, generally anesthetized or otherwise not meeting the conditions of the definition of minimal sedation or moderate sedation in paragraph (B) of rule 4715-3-01 of the Administrative Code, unless the dentist holds a valid general anesthesia permit or provisional general anesthesia privileges issued by the board.

(B) General anesthesia permit - In order to receive a general anesthesia permit, the dentist must apply on a prescribed application form to the board, submit the application fee, and produce evidence showing that he or she:

(1) Has completed one of the following:

(a) An advanced dental education program accredited by the commission on dental accreditation which affords appropriate training necessary to competently administer deep sedation and general anesthesia; or

(b) A post-doctoral training program in anesthesiology from an approved accredited educational institution or program that affords comprehensive and appropriate training necessary to competently administer and manage deep sedation and general anesthesia commensurate with the American dental association (ADA) "Guidelines for Teaching the Comprehensive Control of Pain and Anxiety at the Advanced Education Level (Part 2)" in effect at the start of their training, if training took place prior to accreditation by the commission on dental accreditation of dental anesthesia residencies (one year training prior to July 1, 1993, and two years thereafter).

(2) Has a properly equipped facility(s), whether fixed, mobile, or portable, for the administration of general anesthesia or deep sedation in which the permit holder has available and agrees to utilize adequate monitoring, personnel, emergency equipment and drugs as recommended in the "Guidelines for the Use of Sedation and General Anesthesia by Dentists" as adopted by the October 2016 American dental association house of delegates and/or the American association of oral and maxillofacial surgeon's "Office Anesthesia Evaluation Manual," 9th edition; and

(3) At the time of application, maintains successful completion of basic life support for healthcare providers (BLS-HCP) and advanced cardiac life support (ACLS) course(s).

(C) Provisional privileges - Prior to the issuance of a general anesthesia permit, if the applicant dentist meets the requirements set forth in paragraph (B) of this rule:

(1) The board shall issue to the applicant dentist provisional general anesthesia privileges valid for up to one year pending successful completion of the clinical onsite evaluation;

(2) Unless otherwise authorized by the board, a dentist with provisional general anesthesia privileges shall request an extension no later than ninety days before the expiration of their provisional privileges if necessary to complete the onsite evaluation.

(D) Onsite clinical evaluation

(1) Prior to the issuance of a general anesthesia permit, the board shall require an on-site evaluation of the facility(s) equipment, personnel, anesthetic techniques, and related document(s) to determine if the aforementioned requirements have been met. This evaluation shall be conducted by a qualified consultant appointed by the board and will follow the October 2016 "Guidelines for the Use of Sedation and General Anesthesia by Dentists" as adopted by the American dental association house of delegates and/or the American association of oral and maxillofacial surgeons "Office Anesthesia Evaluation Manual," 9th edition;

(2) In the case of a mobile or portable facility, one inspection of that facility shall be conducted in the office of an Ohio licensed dentist where deep sedation or general anesthesia is administered. A written list of all monitors, emergency equipment, and other materials which the mobile anesthesia provider agrees to have available at all times while administering moderate sedation, deep sedation, and general anesthesia in multiple locations shall be provided to the board;

(3) The applicant shall be responsible for the cost of this evaluation not to exceed four hundred dollars.

(E) Unsatisfactory permit application - In the event the board deems the application or evaluation unsatisfactory, a written explanation documenting deficiencies and suggested remedies shall be forwarded to the applicant. The board may issue a permit based on documentation that deficiencies have been corrected; or the board may require a reevaluation; or the board may issue a notice of opportunity for hearing pursuant to Chapter 119. of the Revised Code to deny the application for a general anesthesia permit.

(F) Permit renewal - The board shall without charge renew the general anesthesia permit biennially at the time of dental licensure renewal, provided the permit holder attests to the board that the permit holder:

(1) Maintains successful completion of:

(a) A basic life support course for healthcare providers (BLS-HCP);

(b) A course in advanced cardiac life support (ACLS) and, for anesthetic care of children under eight years of age, pediatric advanced life support (PALS); and

(c) A minimum of six hours of board approved continuing education devoted specifically to the management and/or prevention of emergencies which may result from the use of deep sedation and general anesthesia.

(2) Has performed emergency drills at least quarterly during the biennium, documenting in a log the date, nature of simulated emergencies and names and roles of all participants. Required simulated emergencies include, at least annually, the following scenarios:

(a) Recognition and management of chest pain progressing to cardiac arrest;

(b) Hypotensive, hypertensive, bradycardic and tachycardic emergencies;

(c) Recognition and management of loss of capnography tracing requiring appropriate management of the airway and of the underlying cause, e.g. anesthetic overdose, secretions, etc. due to:

(i) Hypoventilation that progresses to respiratory arrest;

(ii) Soft tissue or foreign body obstruction of the airway;

(iii) Laryngospasm; and

(iv) Bronchospasm.

(d) Unexpected decline in level of consciousness, including consideration of multiple possible etiologies, e.g. oversedation, stroke, street drug use, hypoxia, anaphylaxis, etc.; and

(e) In offices where deep sedation or general anesthesia is performed less frequently than quarterly, or for the first time, the requirement for emergency drills may be satisfied by performing emergency drills for, at a minimum, all of the above scenarios immediately preceding the administration of deep sedation or general anesthetic for an actual patient.

(3) Is in compliance with all requirements of paragraphs (J) and (K) of this rule;

(4) Has reviewed the laws and rules governing the administration of deep sedation and general anesthesia; and

(5) Verified that all licensed/registered personnel involved in the administration of deep sedation and general anesthesia maintain current, active, licensure or registration.

(G) Reciprocity - The board may grant a general anesthesia permit to a dentist who has administered general anesthesia in another state when training as outlined in paragraph (B)(1) of this rule was completed more than two years before the submission of the application and the applicant provides a log of all general anesthesia cases performed during the previous two years. A minimum of twenty cases logged in the preceding two years is required to demonstrate current competency. The board may request complete general anesthesia records of cases selected from this log.

(H) Certified registered nurse anesthetist (CRNA) - A dentist holding a general anesthesia permit may supervise a licensed CRNA for any anesthetic procedures for which the dentist is qualified by permit. The permitted dentist must provide direct, personal, on-site supervision of the CRNA throughout the entire anesthesia time.

(I) Facility notification - All permit holders shall provide written notification within ten days to the board if anesthesia services are provided at any new facility(s) other than those already listed with the board.

(J) Employing general anesthesia provider - A dentist who employs or works with a general anesthesia provider must:

(1) Ensure that the general anesthesia provider meets the requirements defined in paragraph (B) of rule 4715-3-01 of the Administrative Code;

(2) Ensure that the facility meets the requirements set forth in paragraph (B)(2) of this rule; and

(3) Be currently certified in basic life support for healthcare providers (BLS-HCP) and able to assist the general anesthesia provider in an emergency if needed.

(K) Anesthetic team - During deep sedation or general anesthesia for a patient eight years of age or over, the following three persons must be physically present in the room and caring exclusively for the patient under anesthesia:

(1) A general anesthesia provider;

(2) Either of the following:

(a) An Ohio-licensed dentist with current BLS-HCP or ACLS certification who can assist the anesthesia provider in an emergency if needed; or

(b) An individual currently certified in BLS-HCP who is experienced in patient monitoring and documentation and whose duties are solely dedicated to patient monitoring and documentation and, if needed, assisting the general anesthesia provider in an emergency.

(3) One individual whose duties may include assisting with dental procedures.

(L) Anesthetic team for very young patients - During deep sedation or general anesthesia for a patient under eight years of age, the following three persons must be physically present in the room and caring exclusively for the patient under anesthesia:

(1) Either of the following:

(a) A general anesthesia provider with current certification in pediatric advanced life support (PALS) who exclusively administers and monitors the anesthetic and is not otherwise involved with the dental procedure; or

(b) A general anesthesia provider with current certification in PALS who is also involved in the dental procedure and who maintains a log of performing deep sedations or general anesthetics for a minimum of twenty cases per year or an aggregate of at least forty cases in children under eight years of age during the preceding twenty-four month period.

(2) Either of the following:

(a) An Ohio-licensed dentist with current certification in PALS who is able to provide emergency assistance to the general anesthesia provider if needed; or

(b) An individual currently certified in BLS-HCP who is experienced in patient monitoring and documentation and, if needed, able to assist the general anesthesia provider in an emergency.

(3) One individual whose duties may include assisting with dental procedures.

(M) Post-anesthetic monitoring - Once the patient has regained consciousness and responds appropriately to light tactile stimulation or verbal command, the patient's recovery must be monitored by an individual who is experienced in patient monitoring and documentation and is certified in BLS-HCP.

(N) Supervision of care - A general anesthesia provider must remain on the premises of the dental facility until any patient given deep sedation or general anesthesia regains consciousness and has been discharged. Once the patient has regained consciousness and responds appropriately to light tactile stimulation or verbal command, further recovery until ready for discharge must be monitored by one person as described in paragraph (J)(1) or (J)(2) of this rule.

(O) Reevaluation - The board may, upon informing the permit holder in writing, conduct at any time an evaluation, as described in paragraph (D) of this rule, of the permit holder's facility(s) and/or methods. In determining whether such evaluation is necessary, the board shall consider such factors as it deems pertinent including, but not limited to, patient complaints, reports of adverse occurrences, and random quality assurance audits. Such quality assurance audit(s), may include, but are not limited to, a review of documentation of pre-anesthetic evaluation(s), anesthetic and recovery records, and documentation of appropriateness for discharge, The permit holder shall be responsible for any costs incurred in a formal reevaluation, not to exceed four hundred dollars.

(P) Reference materials for paragraphs (B)(1)(b) and (B)(2) of this rule may be found at the following addresses:

(1) American dental association: 211 E. Chicago avenue, Chicago, Illinois, 60611-2678; telephone - 312-440-2500; facsimile - 312-4402800; internet website address - www.ada.org.

(2) American association of oral and maxillofacial surgeons: 9700 West Bryn Mawr avenue, Rosemont, Illinois, 60018-5701; telephone - 847-678-6200 or 800-822-6637; facsimile - 847-678-6286; internet website address - www.aaoms.org.

Last updated April 2, 2024 at 9:00 AM

History

Effective: April 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4715-5-06 Reports of adverse occurrences.

(A) All licensees engaged in the practice of dentistry in the state of Ohio must notify the board within seventy-two hours of knowledge of an adverse occurence, and submit a complete written report within thirty days of any adverse occurrence requiring hospital admission within twenty-four hours of patient treatment or any mortality which occurred as a direct result of treatment in a dental facility.

(B) Failure to comply with this rule when said mortality or adverse occurrence is related to the use of moderate sedation, deep sedation, or general anesthesia may result in the restriction, suspension, or revocation of such permits as described in rules 4715-5-05 and 4715-5-07 of the Administrative Code and/or other disciplinary action.

Last updated April 2, 2024 at 9:00 AM

History

Effective: April 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4715-5-07 Use of moderate sedation.

(A) Use of moderate sedation

(1) The following may be administered by any dentist, unless otherwise restricted by the board:

(a) Patients thirteen years of age or older may receive enteral minimal sedation, limited to a single dose of a single drug at not more than the maximum recommended dose on the FDA-approved labeling indicated for unmonitored home use, with or without nitrous oxide-oxygen minimal sedation and local anesthesia;

(b) Patients of any age may receive nitrous oxide-oxygen inhalation for minimal sedation.

(2) Notwithstanding paragraph (A)(1) of this rule, no dentist shall administer moderate sedation in the state of Ohio, in accordance with the definition of "moderate sedation", as defined in paragraph (B)(19) of rule 4715-3-01 of the Administrative Code, unless such dentist possesses a moderate sedation permit or provisional moderate sedation privileges as set forth in paragraph (C) of this rule is pending. The dentist holding such permit shall be subject to review and such permit must be renewed biennially.

(3) The moderate sedation provider's education, training, experience, and current competence must clinically coincide with the progression of a patient along the anesthesia continuum as defined in paragraph (B)(6) of rule 4715-3-01 of the Administrative Code. The moderate sedation provider must be prepared to manage a level of anesthesia deeper than intended as it is not always possible to predict how a given patient will respond to anesthesia. The moderate sedation provider's ultimate responsibility is to protect the patient including, but not limited to, identification and management of any complication(s) occurring during the anesthesia time.

(4) With the exception of nitrous oxide-oxygen, no dentist shall administer to a patient under thirteen years of age, any drug, or techniques, or any combination thereof that would likely render the patient minimally or moderately sedated unless the dentist is qualified as described in paragraph (B)(2) of this rule and holds a moderate sedation permit with a pediatric endorsement, provisional moderate sedation privileges with a pediatric endorsement, a general anesthesia permit or provisional general anesthesia privileges.

(5) No dentist shall administer or employ any agent(s) with a narrow margin for maintaining consciousness including, but not limited to, potent volatile inhalation anesthetic agents, ultra-short acting barbiturates, propofol, ketamine, and similarly acting drugs, or quantity of agent(s), or techniques, or any combination thereof that would likely render a patient deeply sedated, generally anesthetized or otherwise not meeting the conditions of the definition of minimal sedation or moderate sedation in paragraph (B)(18) or (B)(19) of rule 4715-3-01 of the Administrative Code, unless the dentist holds a valid general anesthesia permit or provisional general anesthesia privileges as issued by the board.

(B) Moderate sedation permit - In order to receive a moderate sedation permit, the dentist must apply on a prescribed application form to the board, indicate whether applying for a permit to sedate patients age thirteen and over, patients under thirteen or both, submit the fee as established by division (A) of section 4715.13 of the Revised Code, and produce evidence showing that the dentist:

(1) Has satisfactorily completed one of the following within two years of submitting the application for moderate sedation permit to treat patients age thirteen or older:

(a) A comprehensive predoctoral or advanced dental education program accredited by the commission on dental accreditation which includes training in moderate sedation commensurate with the "Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students" as adopted by the October 2016 American dental association house of delegates; or

(b) A continuing education course in moderate sedation commensurate with the "Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students" as adopted by the October 2016 American dental association house of delegates. The course must be approved by either the American dental association commission for continuing education provider recognition or the academy of general dentistry program approval for continuing education council. The course must be designed to assess and document competency in all aspects of moderate sedation. At a minimum, such courses must include all the following:

(i) No fewer than sixty hours of didactic instruction, excluding advanced cardiac life support (ACLS) and basic life support for the healthcare provider (BLS-HCP) instruction time, plus administration of moderate sedation as defined in this document for at least twenty individually managed dental patients, ensuring that only a single course participant earns credit for each patient encounter. An individual patient may be sedated no more than once per day for these sedation encounters;

(ii) Written certification by the course director of competence in moderate sedation techniques;

(iii) Written certification of competence by the course director in rescuing patients from a level of sedation deeper than intended including managing the airway, intravascular or intraosseous access, and reversal medication use; and

(iv) Provision of additional clinical experience if the participant competency has not been demonstrated in the alloted time.

(2) Has satisfactorily completed one of the following within two years of submitting the application for a moderate sedation permit to treat patients under age thirteen:

(a) An advanced dental education program in pediatric dentistry accredited by the commission on dental accreditation; or

(b) A program in pediatric moderate sedation for children under age thirteen which includes:

(i) Sixty hours of didactic instruction in pediatric sedation;

(ii) Written documentation of competency in pediatric moderate sedation after having completed a minimum of:

(a) Twenty-five moderate pediatric sedation cases with other sedative agent(s) (with or without being combined with nitrous oxide-oxygen) administered by any route, ensuring that only a single course participant earns credit for each patient sedation encounter. An individual patient may be sedated no more than once per day for these sedation encounters;

(b) Twenty-five additional sedation experiences by individual or group participation or with human sedation/anesthesia simulation experiences or a combination thereof; and

(c) Four weeks of a hospital anesthesiology rotation experience that includes preoperative evaluation/assessment, risk management, pharmacology, venipuncture, advanced airway placement, patient monitoring, recognition and management of anesthetic emergencies in pediatric patients.

(iii) Written certification by the program director of competency in:

(a) Rescuing pediatric patients from a level of anesthesia deeper than intended; an

(b) Reversal of sedation medications.

(iv) A course provision of additional clinical experience if participant competency has not been demonstrated in the allotted time.

(3) Has maintained records of instruction and clinical experiences, including complete records of moderate sedation as defined in this document for all patients treated, and certification(s) of competence;

(4) Documents successful completion of basic life support for healthcare providers (BLS-HCP) and;

(a) For sedating patients age thirteen and over, successful completion of advanced cardiac life support (ACLS) courses; or

(b) For sedating patients under age thirteen, successful completion of pediatric advanced life support (PALS) training.

(5) Has a properly equipped facility for the administration of moderate sedation in which the permit holder has available and agrees to utilize adequate monitoring, personnel, emergency equipment and drugs as recommended in the "Guidelines for the Use of Sedation and General Anesthesia by Dentists" as adopted by the October 2016 American dental association house of delegates and/or the American association of oral and maxillofacial surgeon's "Office Anesthesia Evaluation Manual," 9th edition.

(C) Provisional privileges - Prior to the issuance of a moderate sedation permit, if the applicant dentist meets the requirements set forth in paragraph (B) of this rule:

(1) The board shall issue to the applicant dentist provisional moderate sedation privileges valid for up to one year pending successful completion of the clinical onsite evaluation.

(2) Unless otherwise authorized by the board, a dentist with provisional moderate sedation privileges shall request an extension no later than ninety days before the expiration of their provisional moderate sedation privileges if necessary to complete the onsite evaluation.

(D) Clinical onsite evaluation

(1) The board shall require an onsite evaluation of the facility(s), equipment, personnel, moderate sedation techniques and related document(s) to determine if the requirements set forth in paragraph (B) of this rule have been met. This evaluation shall be conducted by a qualified consultant appointed by the board and for sedating patients age thirteen and older must follow the "Guidelines for the Use of Sedation and General Anesthesia by Dentists" as adopted by the October 2016 American dental association house of delegates, or, for sedating children under thirteen, the "Guidelines for the Monitoring and Management of the Pediatric Patient, Before, During, and After Sedation for Diagnostic and Therapeutic Procedures" June 2019 revised policy of the American academy of pediatrics;

(2) In the case of a mobile or portable facility, one inspection of that facility shall be conducted in the office of an Ohio-licensed dentist where moderate sedation is administered. A written list of all monitors, emergency equipment and other materials which the mobile moderate sedation provider agrees to have available at all times while administering moderate sedation in multiple locations shall be provided to the board; and

(3) The applicant shall be responsible for the cost of this evaluation, which will be an amount not to exceed four hundred dollars.

(E) Unsatisfactory permit application - In the event the board deems the application or evaluation unsatisfactory, a written explanation documenting deficiencies and suggested remedies shall be forwarded to the applicant. The board may issue a permit based on documentation that the deficiencies have been corrected; or the board may require a formal re-evaluation; or the board may issue a notice of opportunity for hearing pursuant to Chapter 119. of the Revised Code to deny the application for a moderate sedation permit.

(F) Permit renewal - The board shall, without charge, renew the moderate sedation permit biennially at the time of dental licensure renewal, provided the permit holder attests to the board that the permit holder:

(1) Maintains successful completion of:

(a) A basic life support course for healthcare providers (BLS-HCP);

(b) A course in advanced cardiac life support (ACLS) for sedation of patients age thirteen and over, or for sedation of children under age thirteen, pediatric advanced life support (PALS); and

(c) A minimum of six hours of board approved continuing education devoted specifically to the management and/or prevention of emergencies which may result from the use of moderate sedation.

(2) Has performed emergency drills at least quarterly during the biennium, documenting in a log the date, nature of simulated emergencies, and names and roles of all participants. Required simulated emergencies include, on an annual basis, the following scenarios:

(a) Hypotensive, hypertensive, bradycardic and tachycardic emergencies;

(b) Recognition and management of loss of capnography tracing requiring appropriate management of the airway and of the underlying cause, e.g. anesthetic overdose, secretions, etc. due to:

(i) Hypoventilation that progresses to respiratory arrest;

(ii) Soft tissue or foreign body obstruction of the airway;

(iii) Laryngospasm; and

(iv) Bronchospasm.

(c) An unexpected decline in level of consciousness, including consideration of multiple possible etiologies, e.g. over-sedation, stroke, seizure, street drug use, hypoxia, anaphylaxis, etc.;

(d) With the exception of those who solely possess a pediatric endorsement, recognition and management of chest pain progressing to cardiac arrest;

(e) In offices where moderate sedation is performed less frequently than quarterly, or for the first time, the requirement for emergency drills may be satisfied by performing emergency drills for, at a minimum, all of the above scenarios immediately preceding the administration of moderate sedation for an actual patient.

(3) Has reviewed the laws and rules governing the administration of moderate sedation; and

(4) Has verified that all licensed/registered personnel involved in the administration of moderate sedation maintain current, active licensure or registration.

(G) Licensed dentists who did not complete a comprehensive predoctoral or advanced dental education program accredited by the U.S. department of education as defined in paragraph (B)(1)(a) or paragraph (B)(2)(a) of this rule who hold a current permit and have been using or employing sedation prior to adoption of this rule and who desire to continue to use or employ sedation, shall within one year of the effective date of this rule submit an attestation to the board along with evidence demonstrating competency of successful administration of sedation to a minimum of twenty patients in the three years preceding attestation. Evidence of competency shall be commensurate with each intended patient age range whether:

(1) Patiens age thirteen and over;

(2) Patients twelve years or younger; or

(3) Both (forty case total).

(H) Reciprocity - The board may grant a moderate sedation permit to a dentist who has administered moderate sedation in another state when training as outlined in paragraphs (B)(1) and/or (B)(2) of this rule was completed more than two years before the submission of the application and the applicant provides a log of all moderate sedation cases performed during the previous three years. A minimum of twenty age-appropriate cases logged in the preceding three years is required to demonstrate current competency. The board may request complete moderate sedation records of cases selected from this log.

(I) General anesthesia permit holders - A dentist holding a general anesthesia permit under rule 4715-5-05 of the Administrative Code may administer moderate sedation without a moderate sedation permit.

(J) Certified registered nurse anesthetist (CRNA) - A dentist holding a moderate sedation permit may supervise a licensed, certified registered nurse anesthetist only for moderate sedation procedures for which the dentist is qualified by permit. The permitted dentist must provide direct, personal, on-site supervision of the CRNA within the scope of the permit of the CRNA throughout the entire anesthesia time.

(K) New facility - All moderate sedation permit holders shall provide written notification within ten business days to the board if conscious sedation services are to be provided an any new facility(s) other than those already listed with the board.

(L) Anesthetic team - During moderate sedation, the following persons must be physically present in the room and caring exclusively for the patient:

(1) A moderate sedation provider; and

(2) A person currently certified in BLS-HCP who may assist the moderate sedation provider, shares the patient monitoring and documentation duties and who is able to assist the moderate sedation provider in an emergency if needed.

(M) Recovery monitoring - The moderate sedation provider must remain on the premises of the dental facility until any patient given moderate sedation has been discharged. Assuming that the patient continues to respond appropriately to verbal command after the procedure has ended, further recovery until ready for discharge must be monitored by one person described in paragraph (K)(2) of this rule.

(N) Employing a moderate sedation provider - A dentist who employs or works with a moderate sedation provider must:

(1) Ensure that the anesthesia provider meets the requirements defined in paragraph (B)(4) or (B)(5) of rule 4715-3-01 of the Administrative Code;

(2) Ensure that the facility meets the requirements set forth in paragraph (B)(5) of this rule; and

(3) Be currently certified in BLS-HCP and able to assist the moderate sedation provider in an emergency if needed.

(O) Reevaluation - The board may conduct additional evaluations, as described in paragraph (D) of this rule, upon informing the permit holder in writing that a reevaluation is required of the permit holder's facility(s) and/or methods. In determining whether such reevaluation is necessary, the board shall consider such factors as it deems pertinent including, but not limited to, patient complaints, report of adverse occurrences, and random quality assurance audits. Such quality assurance audit(s), may include, but are not limited to, a review of documentation of pre-sedation evaluation(s), sedation and recovery records, and documentation of appropriateness for discharge. The permit holder shall be responsible for any costs incurred in a reevaluation, not to exceed four hundred dollars.

(P) Reference materials for paragraphs (B)(1)(b), (B)(5), and (D) of this rule may be found at the following addresses:

(1) American dental association: 211 E. Chicago avenue, Chicago, Illinois, 60611-2678; telephone - 312-440-2500; facsimile - 312-440-2800; internet website address - www.ada.org.

(2) American academy of pediatrics: 345 Park avenue, Itasca, Illinois 60143; internet website address - www.aappublications.org/news.

Last updated April 2, 2024 at 9:01 AM

History

Effective: April 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4715-5-08 Removable prosthesis identification.

Each licensed dentist shall ensure that every removable prosthesis is identified.

(A) After the effective date of this rule, every removable prosthesis fabricated by a dentist, or fabricated pursuant to his or her work authorization form, shall be marked with the name and/or social security number of the patient for whom the denture is intended. The markings shall be made prior to final seating and shall be permanent, legible and cosmetically acceptable. The exact location of the markings and the methods used to apply or implant them shall be determined by the dentist, entity or person fabricating the prosthesis.

(B) Any removable prosthesis which has not been marked in accordance with paragraph (A) of this rule at the time of fabrication, shall be so marked at the time of any subsequent rebasing or duplication.

(C) For the purposes of this rule removable prosthesis means a manufactured device that replaces one or more teeth and may be removed by the patient.

Last updated September 8, 2023 at 1:55 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Chapter 4715-6 Review of Ohio automated Rx reporting system

Ohio Adm.Code 4715-6-01 Standards and procedures for review of "Ohio Automated Rx Reporting System" (OARRS).

(A) Definitions: for the purposes of this rule:

(1) "Delegate" means an authorized representative who is registered with the Ohio board of pharmacy to obtain an OARRS report on behalf of a dentist;

(2) "OARRS" means the "Ohio Automated Rx Reporting System" drug database established and maintained pursuant to section 4729.75 of the Revised Code.

(3) "OARRS report" means a report of information related to a specified patient generated by the drug database established and maintained pursuant to section 4729.75 of the Revised Code.

(4) "Personally furnish" means the distribution of drugs by a prescriber to the prescriber's patients for use outside the prescriber's practice setting. Personally furnish does not include the administration of a drug, as set forth in paragraph (B)(1) of rule 4715-3-01 of the Administrative Code.

(5) "Reported drugs" means all the drugs listed in rule 4729:8-2-01 of the Administrative Code that are required to be reported to the drug database established and maintained pursuant to sections 4729.77, 4729.78 and 4729.79 of the Revised Code, including;

(a) All schedule II controlled substances;

(b) All schedule III controlled substances;

(d) All schedule V controlled substances.

(B) Standards of care: the accepted and prevailing minimal standards of care require that when prescribing or personally furnishing a reported drug, a dentist shall take into account all of the following:

(1) The potential for abuse of the reported drug;

(2) The possibility that use f the reported drug may lead to dependence;

(3) The possibility the patient will obtain the reported drug for a nontherapuetic use or distribute it to other persons; and

(4) The potential existence of an illicit market for the reported drug.

(5) In considering whether a prescription for or the personally furnishing of a reported drug is appropriate for the patient, the dentist shall use sound clinical judgment and obtain and review an OARRS report consistent with the provisions of this rule.

(C) OARRS Review: a dentist shall obtain and review an OARRS report to help determine if it is appropriate to prescribe or personally furnish an opioid analgesic, benzodiazepine, or reported drug to a patient as provided in this paragraph and paragraph (F) of this rule:

(1) A dentist shall obtain and review an OARRS report before prescribing or personally furnishing an opiate analgesic or benzodiazepine to a patient, unless an exception listed in paragraph (G) of this rule is applicable.

(2) A dentist shall obtain and review an OARRS report when a patient's course of treatment with a reported drug other than an opioid analgesic or benzodiazepine has lasted more than ninety days, unless an exception listed in paragraph (G) of this rule is applicable.

(3) A dentist shall obtain and review an OARRS report when any of the following red flags pertain to the patient:

(a) Selling prescription drugs;

(b) Forging or altering a prescription;

(d) Increasing the dosage of reported drugs in amounts that exceed the prescribed amount;

(e) Suffering an overdose, intentional or unintentional;

(f) Having a drug screed result that is inconsistent with the treatment plan or

(g) Having been arrested, convicted, or received diversion or intervention in lieu of conviction for a drug related offense while under the dentist's care;

(h) Receiving reported drugs from multiple prescribers, without clinical basis;

(i) Traveling with a group of other patients to the dentist's office where all or most of the patients request controlled substance prescriptions;

(j) Traveling an extended distance or from out of state to the dentist's office;

(k) Having a family member, friend, law enforcement officer, or health care professional express concern related to the patient's use of illegal or reported drugs;

(l) A known history of chemical abuse or dependency;

(m) Appearing impaired or overly sedated during an office visit or exam;

(n) Requesting reported drugs by street name, color, or identifying marks;

(o) Frequently requesting early refills of reported drugs;

(p) Frequently losing prescriptions for reported drugs;

(q) A history of illegal drug use;

(r) Sharing reported drugs with another person; or

(s) Recurring visits to non-coordinated sites of care, such as emergency departments, urgent care facilities, or walk-in clinics to obtain reported drugs.

(D) Patient care documentation: a dentist who decides to utilize an opioid analgesic, benzodiazepine, or other reported drug in any of the circumstances within paragraphs (C)(2) and (C)(3) of this rule, shall take the following steps prior to issuing a prescription for or personally furnishing the opioid analgesic, benzodiazepine, or other reported drug:

(1) Review and document in the patient record the reasons why the dentist believes or has reason to believe that the patient may be abusing or diverting drugs;

(2) Review and document in the patient's record the patient's progress toward treatment objectives over the course of treatment;

(3) Review and document in the patient record the functional status of the patient, including activities for daily living, adverse effects, analgesia, and aberrant behavior over the course of treatment;

(4) Consider using a patient treatment agreement including more frequent and periodic reviews of OARRS reports and that may also include more frequent office visits, different treatment options, drug screens, use of one pharmacy, use of one provider for the prescription or personally furnishing of reported drugs, and consequences for non-compliance with the terms of the agreement. The patient treatment agreement shall be maintained as part of the patient record; and

(5) Consider consulting with or referring the patient to a substance abuse specialist.

(E) Follow-up OARRS reports; frequency:

(1) For a patient whose treatment with an opioid analgesic or benzodiazepine lasts more than ninety days, a dentist shall obtain and review an OARRS report for the patient at least every ninety days during the course of treatment, unless an exception listed in paragraph (G) of this rule is applicable.

(2) For a patient who is treated with a reported drug other than an opioid analgesic or benzodiazepine for a period lasting more than ninety days, the dentist shall obtain and review an OARRS report for the patient at least annually following the initial OARRS report obtained and reviewed pursuant to paragraph (C)(2) of this rule until the course of treatment utilizing the reported drug has ended, unless an exception in paragraph (G) of this rule is applicable.

(F) OARRS reports; time periods; adjoining states: for the purposes of paragraphs (C), (D), and (E) of this rule, when a dentist or their delegate requests an OARRS report in compliance with this rule, a dentist shall review and document receipt of the OARRS report in the patient record, as follows:

(1) Initial reports requested shall cover at least the twelve months immediately preceding the date of the request;

(2) Subsequent reports requested shall, at a minimum, cover the period from the date of the last report to present;

(3) If the dentist practices primarily in a county of this state that adjoins another state, the dentist or their delegate shall also request a report of any information available in the drug database that pertains to prescriptions issued or drugs furnished to the patient in the state adjoining that county; and

(4) If an OARRS report regarding the patient is not available, the dentist shall document in the patient's record the reason that the report is not available and any efforts made in follow-up to obtain the requested information.

(G) Exceptions: a dentist shall not be required to review and assess an OARRS report when prescribing or personally furnishing an opioid analgesic, benzodiazepine, or other reported drug under the following circumstances:

(1) The reported drug is prescribed or personally furnished to a hospice patient in a hospice care program as those terms are defined in section 3712.01 of the Revised Code, or any other patient diagnosed as terminally ill;

(2) The reported drug is prescribed for administration in a hospital, nursing home, or residential care facility;

(3) The reported drug is prescribed or personally furnished in an amount indicated for a period not to exceed seven days;

(4) The reported drug is prescribed or personally furnished for the treatment of cancer or another condition associated with cancer; and

(5) The reported drug is prescribed or personally furnished to treat acute pain resulting from a surgical or other invasive procedure or a delivery.

Last updated August 28, 2023 at 8:27 AM

History

Effective: August 28, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4715-6-02 Prescribing opioid analgesics for acute pain.

(A) For the treatment of acute pain, the dentist shall comply with the following:

(1) Extended-release or long-acting opioid analgesics shall not be prescribed for treatment of acute pain;

(2) Before prescribing an opioid analgesic, the dentist shall first consider non-opioid treatment options. If opioid analgesics are required as determined by a patient history and clinical examination, the dentist shall prescribe for the minimum quantity and potency needed to treat the expected duration of pain, with a presumption that a three-day supply or less is frequently sufficient and that limiting the duration of opioid use to the necessary period will decrease the likelihood of subsequent chronic use or dependence.

(3) In all circumstances where opioid anangesics are prescribed for acute pain:

(a) Except as provided in paragraph (B) of this rule, the first opioid analgesic prescription for the treatment of an episode of acute pain shall be:

(i) For adults, not more than a seven-day supply with no refills;

(ii) For minors, not more than a five-day supply with no refills. A dentist shall comply with section 3719.061 of the Revised Code, including but not limited to obtaining the parent or guardian's written consent prior to prescribing an opioid analgesic to a minor;

(iii) The seven-day limit for adults and five-day limit for minors may be exceeded for pain that is expected to persist for longer than seven days based on the pathology causing the pain. In this circumstance, the reason that the limits are being exceeded and the reason that a non-opioid medication was not appropriate to treat the patient's conditions shall be documented in the patient's record; the number of days of the prescription shall not exceed the amount required to treat the expected duration of the pain as noted in paragraph (A)(2) of this rule; and

(iv) If a patient is allergic to or otherwise unable to tolerate the initial prescribed opioid medication, a prescription for a different, appropriate opioid may be issued at any time during the initial seven or five-day dosing period and shall be subject to all other provisions of this rule. The allergy and/or intolerance shall be documented in the patient's record. The patient or the minor patients, parent, guardian or other responsible adult must be provided education of the safe disposal of the unused medication.

(b) The patient, or a minor's parent or guardian, shall be advised of the benefits and risks of the opioid analgesic, including the potential for addiction, and the advice shall be documented in the patient's record; and

(c) The total morphine equivalent dose (MED) of a prescription for opioid analgesics for treatment of acute pain shall not exceed an average of thirty MED per day, except when all of the following apply:

(i) The patient has significant and prolonged acute pain related to one of the following conditions:

(a) Traumatic oro-facial tissue injury with major mandibular/maxillary surgical procedures;

(b) Severe cellulitis of facial planes; or

(ii) The dentist determines that, for the seventy-two hour period following the procedure, it is absolutely necessary to exceed the thirty MED daily limit based on the patient's needs but may not exceed ninety MED per day.

(iii) The dentist has documented the reason for exceeding the thirty MED average in the patient record and why it is the lowest dose consistent with the patient's medical condition.

(iv) In circumstances when the thirty MED average is exceeded, the dose shall not exceed the dose required to treat the severity for the pain as noted in paragraph (A)(2) of this rule and furthermore, the dose will not exceed ninety MED per day within the initial seventy-two hour period as noted in paragraph (A)(3)(c)(ii) of this rule.

(d) Prescriptions which exceed the five or seven day supply or thirty MED average daily dose are subject to additional review by the board.

(e) All prescriptions for opioid analgesics for the treatment of acute pain shall comply with rules 4729:5-5-05 and 4729:5-5-15 of the Administrative Code and all other federal and state controlled substance laws, rules and regulations.

(B) The requirements of paragraph (A) of this rule apply to treatment of acute pain, and do not apply when an opioid analgesic is prescribed:

(1) To an individual who is a hospice patient or in a hospice care program;

(2) To an individual receiving palliative care;

(3) To an individual who has been diagnosed with a terminal condition;

(4) To an individual who has cancer or another condition associated with the individual's cancer or history of cancer; or

(5) To an individual undergoing medication-assisted treatment for a substance use disorder.

(C) This rule does not apply to prescriptions for opioid analgesics for the treatment of opioid addiction utilizing a schedule III, IV or V controlled substance narcotic that is approved by the federal drug administration for opioid detoxification or maintenance treatment.

(D) This rule does not apply to inpatient prescriptions as defined in rule 4729:5-9-02.1 of the Administrative Code.

Last updated August 28, 2023 at 8:27 AM

History

Effective: August 28, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4715-6-03 Prescribing for subacute and chronic pain.

(A) Definitions

(1) "Acute pain" means pain that normally fades with healing, is related to tissue damage, significantly alters a patient's typical function and is expected to be time limited and not more than six weeks in duration. Acute pain shall be treated in accordance with rule 4715-6-02 of the Administrative Code.

(2) "Medication therapy management" has the same meaning as in rule 4729:5-12-01 of the Administrative Code.

(3) "Subacute pain" means pain that has persisted after reasonable medical efforts have been made to relieve it and continues either episodically or continuously for at least six weeks but less than twelve weeks following initial onset of pain. It may be the result of underlying medical disease or condition, injury, medical or surgical treatment, inflammation, or unknown cause.

(4) "Chronic pain" means pain that has persisted after reasonable medical efforts have been made to relieve it and continues either episodically or continuously for twelve or more weeks following initial onset of pain. It may be the result of an underlying medical disease or condition, injury, medical treatment, inflammation, or unknown cause.

(5) Conditions that may require the dentist to treat subacute or chronic pain include:

(a) Chronic neuropathic or neuralgic pain;

(b) Chronic musculoskeletal pain;

(d) Temporomandibular joint dysfunction; or

(e) Myo-facial pain dysfunction or syndrome.

(6) The treatment of subacute or chronic pain requires adequate training and education in appropriate treatment and understanding of the conditions that may cause subacute or chronic pain. Only dentists who are qualified to practice in one of the following areas may prescribe opioid analgesics for the treatment of subacute or chronic pain:

(a) Oral and maxillofacial surgery;

(b) Oral medicine;

(d) Endodontics;

(e) Periodontics; or

(f) Anesthesia.

(B) Prior to treating, or continuing to treat subacute or chronic pain with an opioid analgesic, the dentist shall first consider and document non-medication and non-opioid treatment options.

(1) If opioid analgesic medications are required as determined by a history and physical examination, the dentist shall prescribe for the minimum quantity and potency needed to treat the expected duration of pain and improve the patient's ability to function.

(2) The dentist shall comply with the requirements of rule 4715-6-01 of the Administrative Code.

(C) Before prescribing an opioid analgesic for subacute or chronic pain, the dentist shall complete (or update) and document in the patient record assessment activities to assure the appropriateness and safety of the medication including:

(1) History and physical examination including review of the previous treatment and response to treatment, patient's adherence to medication and non-medication treatment, and screening for substance misuse or substance use disorder;

(2) Laboratory and/or diagnostic testing or documented review of any available relevant laboratory/diagnostic test results. If evidence of substance misuse or substance use disorder exists, diagnostic testing shall include urine drug screening;

(3) Results review of an OARRS check in compliance with rule 4715-6-01 of the Administrative Code;

(4) A functional pain assessment which includes the patient's ability to engage in work or other purposeful activities, the pain intensity and its interference with activities of daily living, quality of family life and social activities and the physical activity of the patient;

(5) A treatment plan based upon the clinical information obtained, to include all of the following components:

(a) Diagnosis;

(b) Objective goals for treatment;

(d) Planned duration of treatment and steps for further assessment and follow-up;

(6) Discussion with the patient or guardian regarding:

(a) Benefits and risks of the medication, including potential for addiction and risk of overdose; and

(b) The patient's responsibility for safe storage and disposal of the medication;

(7) The dentist shall offer a prescription for an overdose reversal drug as defined in section 4729.01 of the Revised Code to the patient receiving an opioid analgesic prescription under any of the following circumstances:

(a) The patient has a history of prior opioid overdose;

(b) The dosage prescribed exceeds a daily average of eighty MED or at lower doses if the patient is co-prescribed a benzodiazepine, sedative hypnotic drug, carisprodal, tramadol, or gabapentin; or

(D) Prior to increasing the opioid dosage to a daily average of fifty MED or greater the dentist shall complete and document the following in the patient's record:

(1) The dentist shall review and update the assessment completed in paragraph (C) of this rule, if needed. The dentist may rely on an appropriate assessment completed within a reasonable time if the dentist is satisfied that he or she may rely on that information for purposes of meeting the further requirements of this chapter of the Administrative Code;

(2) The dentist shall update or formulate a new treatment plan, if needed;

(3) The dentist shall obtain from the patient or the patient's guardian written informed consent which includes discussion of all of the following:

(a) Benefits and risks of the medication, including potential for addiction and risk of overdose; and

(b) The patient's responsibility during the treatment to safely store the medication and appropriately dispose of the medication;

(4) Except when the patient was prescribed an average daily dosage that exceeded fifty MED before the effective date of this rule, the dentist shall document consideration of the following:

(a) Consultation with a specialist in the area of the body affected by the pain;

(b) Consultation with a pain management specialist;

(d) Consultation with a specialist in addiction medicine or addiction psychiatry, if aberrant behaviors indicating medication misuse or substance use disorder are noted.

(E) Prior to increasing the opioid dosage to a daily average of eighty MED or greater the dentist shall complete all of the following:

(1) Enter into written pain treatment agreement with the patient that outlines that dentist's and patient's responsibilities during treatment and requires the patient or patient guardian's agreement to all of the following provisions;

(a) Permission for drug screening and release to speak with other practitioners concerning the patient's condition or treatment;

(b) Cooperation with "pill counts" or other checks designed to assure compliance with the treatment plan and to minimize the risk of misuse or diversion;

(c) The understanding that the patient shall only receive opioid medications from the dentist treating the chronic pain unless there is written agreement among all of the prescribers of opioids outlining the responsibilities and boundaries of prescribing for the patient; and

(d) The understanding that the dosage may be tapered if not effective or if the patient does not abide by the treatment agreement;

(2) Offer a prescription for an overdose reversal drug as defined in section 4729.01 of the Revised Code to the patient as described in paragraph (C) of this rule;

(3) Except when the patient was prescribed an average daily dosage that exceeded eighty MED before the effective date of this rule, obtain at least one of the following based upon the patient's clinical presentation:

(a) Consultation with a specialist in the area of the body affected by the pain;

(b) Consultation with a pain management specialist;

(d) Consultation with a specialist in addiction medicine or addiction psychiatry if aberrant behavior indicating medication misuse or substance use disorder may be present.

(F) The dentist shall not prescribe a dosage that exceeds an average of one hundred MED per day. This prohibition shall not apply in the following circumstances:

(1) The dentist has received a written recommendation for a dosage exceeding an average of one hundred MED per day from a board certified pain medicine physician who based the recommendation on a face-to-face visit and examination of the patient. The prescribing dentist shall maintain the written recommendation in the patient's record; or

(2) The patient was receiving an average daily dose of one hundred MED or more prior to the effective date of this rule. The dentist shall follow the steps in paragraph (F)(1) of this rule prior to escalating the patient's dose.

(G) During the course of treatment with an opioid analgesic at doses below the average of fifty MED per day, the dentist shall provide periodic follow-up assessment and documentation of the patient's functional status, the patient's progress toward treatment objectives, indicators of possible addiction, drug abuse or drug diversion and the notation of any adverse drug effects.

(H) During the course of treatment with an opioid analgesic at doses at or above the average of fifty MED per day, the dentist shall complete and document in the patient record the following no less than every three months:

(1) Review of the course of treatment and the patient's response and adherence to treatment;

(2) The assessment shall include a review of any complications or exacerbation of the underlying condition causing the pain through appropriate interval history, physical examination, any appropriate diagnostic tests, and specific treatments to address the findings;

(3) The assessment of the patient's adherence to treatment including any prescribed non-pharmacological and non-opioid treatment modalities;

(4) Rationale for continuing opioid treatment and nature of continued benefit, if present;

(5) The results of an OARRS check in compliance with rule 4715-6-01 of the Administrative Code;

(6) Screening for medication misuse or substance use disorder. Urine drug screen should be obtained based on clinical assessment of the dentist with frequency based upon presence or absence of aberrant behaviors or other indications of addiction or drug abuse; and

(7) Evaluation of other forms of treatment and the tapering of opioid medication if continued benefit cannot be established.

(I) The dentist shall not prescribe an opioid analgesic to a patient to treat pain for more than twenty-four continuous weeks. This prohibition shall not apply in the following circumstances:

(1) Written recommendation from a physician pain management specialist to have dentist continue prescribing opioid analgesics for more than twenty-four weeks. The physician pain management specialist will base the recommendation on a face-to-face visit and examination of the patient. The prescribing dentist shall maintain the written recommendation in the patient's record:

(a) The dentist shall not exceed any aspect of the written recommendation; and

(b) If the written recommendation does not specify otherwise, the dentist shall refer the patient to obtain an updated written recommendation within eight weeks from the date of the most recent written recommendation.

(2) The patient was prescribed an opioid analgesic to treat pain for more than twenty-four continuous weeks prior to the effective date of this rule. The dentist shall follow all other requirements of this rule.

(J) This rule does not apply to inpatient prescriptions as defined in Chapter 4729. of the Revised Code.

Last updated May 30, 2025 at 7:48 AM

History

Effective: May 30, 2025
Promulgated Under: 119.03

Chapter 4715-7 Limited Licenses

Ohio Adm.Code 4715-7-01 Limited resident's license.

(A) An application for a limited resident's license must be certified by the program director or directing head of an institution employing the applicant and/or the chief of dental services of said institution. The application shall contain a statement signed by the applicant as to his or her knowledge of the dental laws of this state.

(B) A limited resident's license shall be issued only to such applicant who is qualified in accordance with section 4715.16 of the Revised Code, and other provisions of this rule, and who is enrolled in a residency program that has been accredited by the commission on dental accreditation or the accreditation council for graduate medical education (ACGME) and/or the Ohio state dental board. The limited resident's license is valid for the term of the residency program for which the applicant has applied. This time period shall be so specified on the application.

(C) A limited resident's license entitles such limited resident's license holder to practice dentistry only within the provisions of the approved resident's program and according to section 4715.16 of the Revised Code.

(D) A limited resident's license application shall be submitted for each residency program in which the applicant is enrolled.

Last updated September 8, 2023 at 1:55 PM

History

Effective: February 4, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4715-7-02 Limited teaching license.

An application for a limited teaching license must be certified by both the dean of the dental school and/or the chairman of the department where applicable. The application shall contain a statement by the applicant as to his or her knowledge of the dental laws of this state.

Last updated April 15, 2024 at 1:32 PM

History

Effective: February 4, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4715-7-03 Limited resident's license, limited teaching licnese, limited continuing education license display.

(A) The limited resident's license and the limited continuing education license granted under the provisions of section 4715.16 of the Revised Code, shall be kept on file at the school, institution, or facility wherein the license holder practices, and shall be made immediately available to agents of the board upon request.

(B) The limited teaching license granted under the provisions of section 4715.16 of the Revised Code, shall be displayed in a conspicuous place in the school, institution, or facility where the person is authorized to practice or teach.

Last updated September 8, 2023 at 1:55 PM

History

Effective: April 4, 2002
Promulgated Under: 119.03

Chapter 4715-8 Continuing Education

Ohio Adm.Code 4715-8-01 Continuing education requirements.

(A)

Except as provided in paragraph (B)(2) of this rule, acceptable continuing education for all Ohio licensees is defined as educational and scientific courses given by board-approved sponsors. Continuing education experiences to fulfill renewal requirements for board licensure, registration, certification, and/or permits may be obtained in the following formats, including but not limited to:

(1) "Directly interactive presentation format" means a presentation format in which each participant is able to provide direct feedback and have interaction with the instructor through a question and answer format in real time.

(2) "Supervised self-instruction" means the coursework is provided in a self-instruction format which must include a testing mechanism supplied by a board-approved sponsor. The licensee must complete a test with a passing score of not less than seventy-five per cent and demonstrate a level of comprehension before credit is awarded. Tests must be graded by the sponsor and results returned to the licensee. Supervised self-instruction includes, but is not limited to:

(a) Graded audio/video courses.

(b) Graded correspondence courses.

(B)

Categories of credit To fulfill the minimum requirements set forth in sections 4715.141 and 4715.25 of the Revised Code, the licensee must select areas of study within the stated categories. Licensees shall not receive credit for hours that exceed the maximum number set forth in the following categories:

(1) Dental education and scientific courses - activities designed to review existing concepts and techniques, to convey information beyond the basic dental education and to update knowledge on advances in scientific, non-clinical and clinical practice related subject matter, including ethics, regulatory compliance, risk management, nutrition, and evidence-based dentistry wherein the objective is to improve the knowledge, skills and ability of the individual to provide the highest quality of service to the public and the profession. No maximum number of hours exist for this category.

(2) Non-clinical dental practice related continuing education - continuing education experiences which may include, but is not limited to, those courses which aid in the management of a dental practice or clinic, including those courses pertaining to the management of third party payer issues, dental billing practices, patient and provider appeals of payment disputes and patient management of billing matters; courses to improve recall and scheduling systems, production flow, communication systems and data management; courses in organization and management of the dental practice including office computerization and design, ergonomics, and the improvement of practice administration and office operations; courses in leadership development and team development; and, courses in human resource management and employee benefits. The licensee may obtain a maximum of five hours of continuing education in this category.

(3) Papers, publications and scientific presentations - scientific papers authored by the licensee and published in a scientific professional journal, and/or the original presentation of papers, essays, scientific exhibits or formal lectures to recognized groups of fellow professionals. The licensee may obtain a maximum of three hours of continuing education in this category.

(4) Teaching and research appointments - documented teaching or research activities at an accredited institution, at least one-half day per week per academic year, and holding at least a part-time faculty or research appointment as evidenced by a signed, dated letter of appointment from the chair or director of the accredited institution. The licensee may obtain a maximum of three hours of continuing education in this category.

(5) Volunteer service as a clinician - documented substantial pro bono dental and dental hygiene services to indigent and underserved populations, or to persons who reside in areas of critical need in the state of Ohio. No remuneration shall be made to the licensee or the program sponsor for services provided under this rule. The licensee may obtain up to one-third of their continuing education requirement in this category.

(6) Poster sessions - original presentation of or documented viewing of a poster session at a professional meeting. The licensee may obtain a maximum of two hours of continuing education in this category.

Last updated May 30, 2025 at 8:19 AM

History

Effective: May 30, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4715-8-02 Sponsors of continuing education.

The sponsor is the individual, organization or educational institution or other entity conducting the professional education course. Sponsors shall be as follows:

(A) An organization, school or other agency as set forth in division (B) of section 4715.141 and division (C) of section 4715.25 of the Revised Code whose continuing education courses comply with rule 4715-8-01 of the Administrative Code. Other organizations, schools, or agencies recognized as sponsors and approved by the board are:

(1) "American Dental Association," and constituent and component dental associations and societies affiliated with the "American Dental Association."

(2) "National Dental Association," and constituent and component dental associations and societies affiliated with the "National Dental Association."

(3) "American Dental Hygienists Association," and its recognized constituents, components and affiliated societies.

(4) "National Dental Hygienists' Association" and constituent and component dental hygienists' associations and societies affiliated with the "National Dental Hygienists' Association."

(5) National, state, district or local dental specialty organizations affiliated with the "American Dental Association."

(6) "Academy of General Dentistry" and its constituent and component organizations.

(7) Universities, colleges and community colleges with accredited programs in dentistry or dental hygiene.

(8) Colleges and universities accredited by an accrediting agency approved by the United States department of education.

(9) Healthcare organizations and institutions accredited by the "Joint Commission (JC)."

(10) Other accredited or nationally recognized healthcare organizations (e.g. American heart association, American red cross, American safety and health institute).

(11) "American Dental Associations Continuing Education Recognition Program (ADA CERP)" - providers of continuing education that have comleted the application review process by the "Commission of Continuing Education Provider Recognition (CCEPR)" and have been granted approval status and remain in good standing.

(12) "Academy of General Dentistry Program Approval for Continuing Education (AGD PACE)" - providers of continuing education that have completed the application and review process by the "AGD PACE Council" and have been granted approval status and remain in good standing.

(13) Study clubs, dental-related organizations, schools, agencies, araprofessional groups, and other organizations who partner with or co-sponsor continuing educaion courses and programs with any sponsor listed in paragraphs (A)(1) to (A)(12) of this rule.

(B) Biennial sponsor - Individuals, trade corporations, institutions, study clubs, dental research clinics, and nondental-related entities or groups that have applied and been approved by the board as sponsors for the current biennium. Sponsor approval shall be based upon the criteria identified in rule 4715-8-03 of the Administrative Code. Approval as a biennial sponsor automatically expires at the end of the biennium. Biennial sponsors will no longer be recognized by the board as sponsors after December 31, 2021.

Last updated April 19, 2022 at 8:39 AM

History

Effective: April 18, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4715-8-03 Standards for approval of biennial sponsors.

No biennial sponsor shall be approved by the board as a sponsor after December 31, 2021. In order to obtain approval as a biennial sponsor, a sponsor shall:

(A) Make application by completion of an application form provided by the board.

(B) Submit evidence to the board demonstrating adherence to the following standards:

(1) Participant objectives shall state the expected outcomes for the participant and be used as a basis for determining content and learning experiences. Explicit written educational objectives identifying the expected learner outcomes must be developed for each activity. The program planner must be ultimately responsible for ensuring that appropriate objectives are developed for each activity. The educational objectives may however, be prepared by the instructor, course director or program planner.

(2) Curriculum offerings shall reflect appropriate didactic and clinical training for the subject matter. The teaching methods shall be appropriate to achieve the stated objective of the course and the time allotted is sufficient for the participants to meet the stated objectives. When a course includes clinical dental hygiene or dental assistant radiographer practice on patients, an Ohio licensed dentist shall provide supervision.

(3) Continuing education sponsors must ensure that providers/instructors chosen to teach courses are qualified by education and/or experience to provide instruction in the relevant subject matter.

(4) Facilities and equipment shall be specifically designed for instruction in each subject offered.

(5) Award partial credit for participants failing to complete the total number of hours for which a specific offering planned, if appropriate, in view of the subject matter and the instruction method of the course.

(1) Completely file all information necessary for provider approval.

(2) Ensure that continuing education offerings that are to receive hours of credit acceptable towards Ohio licensure renewal comply with sections 4715.141 and 4715.25 of the Revised Code, and all rules of the board.

(3) Provide written certification that the course has been satisfactorily completed only to those attendees who have completed the course. The certification shall contain the sponsor's name, title of course, instructor(s), date of course, location, and number of hours of credit acceptable towards Ohio licensure renewal and category of credit in rule 4715-8-01 of the Administrative Code. Validation by the sponsor of a document furnished by the attendee shall satisfy this requirement.

(4) Notify the board of any significant changes relative to the maintenance of standards as set forth in this chapter.

(D) Maintain records of individual course offerings. Records shall include:

(1) Name of CE sponsor, instructor(s) and their qualifications;

(2) The date(s), location and number of continuing education hours of acceptable towards Ohio licensure renewal;

(3) The title of the offering and/or specific subjects;

(4) Category of credit hours acceptable towards Ohio licensure renewal as set forth in rule 4715-8-01 of the Administrative Code.

(5) Sponsors must maintain records of the individual participants at each educational offering, including their names and addresses, for a period of at least four years.

Last updated April 19, 2022 at 8:39 AM

History

Effective: April 18, 2022
Promulgated Under: 119.03

Ohio Adm.Code 4715-8-04 Continuing education requirements for renewal or reinstatement.

(A) Each applicant for biennial license registration or license reinstatement shall certify that the applicant has completed the requisite hours of continuing dental education (hereinafter "CE") since the start of the registration period. This certification shall be evidence of completion of the CE requirement as set forth in sections 4715.141, 4715.25, and 4715.53 of the Revised Code, provided that:

(1) The board may annually select applications for biennial license registration or license reinstatement for verification that all CE requirements have been met. Licensees whose applications are selected shall submit additional documentation of compliance with CE requirements as the board may require, within thirty days.

(2) Applicants shall keep detailed records of CE hours taken. Records of all CE undertaken shall be retained by the applicant for the period of at least four years after the completion of the CE activity, and shall be kept available for agents of the board for review. At a minimum, the following information must be retained:

(a) Description of the CE activity;

(b) The location of the CE activity;

(d) The hours of each CE activity; and

(e) A certificate or letter of completion in a written or digital format issued by the presenter of the CE activity, if available, or any other available documentation of the completion of the CE activity, acceptable to the board, which shall include at a minimum the following:

(i) Name of the attendee;

(ii) Name(s) of the sponsor;

(iii) Name(s) of the instructor(s);

(iv) Course title; and

(v) Number of credit hours of continuing education acceptable towards Ohio licensure renewal.

It is the licensees responsibility to ensure that courses taken fulfill the requirements set forth in sections 4715.141, 4715.25 and 4715.53 of the Revised Code and rules 4715-8-01 to 4715-8-04 of the Administrative Code.

(B) Failure to maintain adequate records of CE activity rebuts the presumption established in paragraph (A) of this rule that the CE requirements have been completed.

(C) Pursuant to sections 4715.141 and 4715.25 of the Revised Code, the board may excuse licensed dentists and dental hygienists, as a group or as individuals, from all or any part of the continuing education requirements because of an unusual circumstance, emergency, or special hardship. Licensees may seek to be excused from continuing education requirements if they submit a request to the board with supporting records, documentation, and statements. Continuing education requirements may be excused for the following reasons:

(1) Exemptions

(a) Recent graduates - licensees who have completed their initial dental doctoral education or dental hygiene undergraduate education within their first registration.

(b) Dental and dental hygiene students - licensees who are enrolled as students in a full-time dental or dental hygiene program in an accredited educational institution.

(2) Extensions

(a) Military personnel - service members, veterans, or spouses of service members or veterans pursuant to rule 4715-14-03 of the Administrative Code.

(b) Health - documented illness or condition that prevents licensees from obtaining coninuing education requirements. Length of extension granted shall not exceed one year.

(3) Waivers - definitive reasons which preclude the licensee from active practice.

(D) Nothing in this rule shall limit the board's authority to investigate and take action pursuant Chapter 4715. of the Revised Code.

Last updated April 19, 2022 at 8:39 AM

History

Effective: April 18, 2022
Promulgated Under: 119.03

Chapter 4715-9 Dental Hygienists

Ohio Adm.Code 4715-9-01 Permissible practices of a dental hygienist.

(A) The dental hygienist may perform the following tasks and/or procedures under the direct supervision of a licensed dentist if the dental hygienist has completed the requirements set forth in sections 4715.23 and 4715.231 of the Revised Code and board rules. The completion of all requirements for paragraph (A) of this rule shall be documented on a form supplied by the board, with all supporting information attached. This form shall be maintained in the facility(s) where the dental hygienist is working. The dental hygienist must have completed a basic life-support training course certified by the American heart association, the American red cross or the American safety and health institute and remain current at all times when performing the following tasks and/or procedures:

(1) Administration of intraoral block and infiltration local anesthesia - Upon completion of the requirements set forth in sections 4715.23 and 4715.231 of the Revised Code and rule 4715-9-01.1 of the Administrative Code, a licensed dental hygienist may administer intraoral block and infiltration local anesthesia.

(2) Administration (initiate, adjust, monitor, and terminate) of nitrous oxide-oxygen (N2O-O2) minimal sedation - Upon completion of the requirements set forth in section 4715.23 of the Revised Code and rule 4715-9-01.2 of the Administrative Code, a licensed dental hygienist may administer N2O-O2 minimal sedation while providing treatment if the following requirements are met:

(a) The supervising dentist has evaluated the patient and prescribed the use of N2O-O2 minimal sedation.

(b) The supervising dentist must approve the use of N2O-O2 minimal sedation immediately prior to each instance of administration.

(d) The dental hygienist shall physically remain with the patient at all times.

(e) The supervising dentist approves the discharge of the patient.

(3) Monitoring nitrous oxide-oxygen (N2O-O2) minimal sedation - Upon completion of the requirements set forth in section 4715.23 of the Revised Code and rule 4715-9-01.3 of the Administrative Code, a licensed dental hygienist may monitor N2O-O2 minimal sedation while providing treatment if the following requirements are met:

(a) A satisfactory initiation phase has been administered by the dentist.

(b) The dental hygienist shall not monitor more than one patient at a time.

(d) The dental hygienist must document the supervising dentist's approval for discharge of the patient.

(e) The dental hygienist, who is qualified to only monitor N2O-O2 minimal sedation, shall not under any circumstances administer, adjust, or terminate N2O-O2 minimal sedation.

(4) Use of a laser for bacterial reduction, assisted periodontal therapy, other non-surgical periodontal therapeutic treatments, photobimodulation (adjunctive low-level laser therepy), and treatment of herpetic lesions and aphthous ulcers if the following requirements are met:

(a) The dental hygienist has completed the requirements set forth in rule 4715-9-01.4 of the Administrative Code.

(b) The wavelength is limited to no higher than one thousand sixty-four nanometers;

(d) The dental hygienist must document the supervising dentist's approval for discharge of the patient.

(B) The dental hygienist may perform the following tasks and/or procedures which may be delegated only to a licensed dental hygienist under the supervision of a licensed dentist:

(1) Removal of calcareous deposits or accretions from the crowns and roots of teeth.

(2) Periodontal scaling, root planing, and soft tissue curettage.

(3) Sulcular placement of prescribed materials.

(4) Bleaching of teeth (excluding procedures that utilize light amplification by stimulated emission of radiation (LASER) technologies).

(C) The dental hygienist may also perform the following tasks and/or procedures under the supervision of a licensed dentist:

(1) Polishing of the clinical crown(s) of teeth, including restorations.

(2) Sealing pits and fissures.

(3) Contributing to the performance of dental procedures through standard assisting, diagnostic, and radiologic methods.

(D) In performing advanced remediable restorative intra-oral dental tasks and/or procedures, the licensed dental hygienist is subject to sections 4715.61 to 4715.66 of the Revised Code and agency level rules regulating expanded function dental auxiliaries.

(E) In performing basic remediable intra-oral and extra-oral dental tasks and/or procedures, the licensed dental hygienist is subject to those rules regulating basic qualified personnel. However, dental hygienists may engage in the following duties when the dentist is not physically present, subject to the limitations outlined in divisions (C) and (D) of section 4715.22 of the Revised Code, which must be adhered to when performing these duties:

(1) Aspiration and retraction, excluding placement of gingival retraction materials.

(2) Intra-oral instrument transfer.

(3) Preliminary charting of missing and filled teeth.

(4) Elastomeric impressions for diagnostic models and models to be used for opposing models in the construction of appliances and restorations.

(5) Taking impressions for the construction of custom athletic mouth protectors/mouthguards, and trays for application of medicaments.

(6) Application of disclosing solutions.

(7) Caries susceptibility testing.

(8) Demonstration of oral hygiene procedures, including, but not limited to, use of toothbrushes, dental floss, and interproximal devices.

(9) Application of topical anesthetics.

(10) Application of fluorides and other topical therapeutic and preventative agents.

(11) Topical applications of desensitizing agents to teeth.

(12) Application and removal of periodontal dressings.

(13) Intra-oral bite registrations for diagnostic model articulation.

(14) Recementation of temporary crowns or the recementation of crowns with temporary cement.

(15) All supportive services necessary to the maintenance of a hygienic practice environment, including, but not limited to, all sterilizing procedures.

(16) All supportive services or procedures necessary to protect the physical well-being of the patient during routine treatment procedures and during periods of emergencies, including, but not limited to:

(a) Monitoring of vital signs;

(b) Assistance during administration of life-support activities; and

(c) Any other non-invasive procedures deemed necessary by the supervising dentist to maintain the health and safety of the patient.

(17) All non-invasive supportive services and procedures necessary for the gathering and maintaining of an accurate and complete medical and dental history of the patient, including but not limited to:

(a) Taking photographs;

(b) Documenting patient treatment;

(d) Other common tests deemed necessary by the supervising dentist.

(18) All extra-oral supportive laboratory procedures, including, but not limited to:

(a) Repair, construction and finishing of metallic and plastic prosthetic devices; and

(b) Compilation of radiographic data for interpretation by the dentist, i.e., tracings, etc.

(19) The preparation of impression materials.

(20) All patient education services, including, but not limited to:

(a) Progress reports;

(b) Consultations (oral or written);

(d) Behavioral modification, to include tobacco cessation;

(e) Self adjustment of orthodontic appliances;

(f) "General nonmedical nutrition information" which is defined as nutrition information for the purpose of maintaining good oral health, including but not limited to:

(i) Principles of good nutrition and food preparation;

(ii) Food to be included in the normal daily diet;

(iii) Essential nutrients needed by the body;

(iv) Recommended amounts of the essential nutrients;

(v) Actions of nutrients on the body;

(vi) Effects of deficiencies of excesses of nutrients; or

(vii) Food and supplements that are good sources of essential nutrients.

(g) All other post-operative and post-insertion instructions, as deemed appropriate by the supervising dentist.

Last updated May 11, 2026 at 8:05 AM

History

Effective: May 11, 2026
Promulgated Under: 119.03

Ohio Adm.Code 4715-9-01.1 Administration of local anesthesia; education and examination requirements.

Each licensed dental hygienist seeking to administer intraoral block and infiltration local anesthesia to a patient in accordance with rule 4715-9-01 of the Administrative Code must have completed a basic life-support training course certified by the American heart association, the American red cross or the American safety and health institute, and remain current at all times when administering local anesthesia. In order to administer intraoral block and infiltration local anesthesia the dental hygienist must have completed the requirements set forth in sections 4715.23 and 4715.231 of the Revised Code and the education and examination requirements set forth in paragraph (A) or (B) of this rule.

(A) The dental hygienist has successfully completed the following educational and examination requirements:

(1) The dental hygienist has successfully completed a board-approved course in the administration of local anesthesia which meets the requirements set forth in divisions (B)(1)(a) and (C) of section 4715.231 of the Revised Code that is offered by a dental or dental hygiene program accredited by the American dental association commission on dental accreditation. The board-approved course may be offered as continuing education or as part of a curriculum for graduation; and

(2) Within eighteen months of completion of the local anesthesia education and training, the dental hygienist has successfully passed the Northeast regional board of dental examiners, inc. local anesthesia examination for dental hygienists or an equivalent examination approved by the board.

(B) The dental hygienist is authorized to administer local anesthesia by another state's licensing authority with jurisdiction over the practice of dental hygiene and meets the following requirements:

(1) The dental hygienist has successfully completed a course or instruction that is substantially equivalent, as determined by the board, to the required hours and content of the course described in division (C) of section 4715.231 of the Revised Code; or

(2) The dental hygienist maintains documentation satisfactory to the board that they have obtained, within forty-eight months immediately preceding the date of application for dental hygiene licensure in the state of Ohio, twenty-four consecutive months of experience in the administration of local anesthesia in the other state where the dental hygienist is authorized to administer local anesthesia.

Completion of basic life-support and all education and examination requirements for the administration of local anesthesia shall be documented on a form supplied by the board, with any necessary supporting information attached. This form shall be maintained in the facility(s) where the dental hygienist is working. The board retains the right and authority, upon notification, to audit, monitor or request evidence demonstrating adherence to Chapter 4715. of the Revised Code and/or agency 4715 of the Administrative Code.

Last updated September 24, 2026 at 8:05 AM

History

Effective: December 24, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4715-9-01.2 Administration (initiate, adjust, monitor, and terminate) of nitrous oxide-oxygen (N2O-O2) minimal sedation; education, training, and examination requirements.

Each licensed dental hygienist seeking to administer (initiate, adjust, monitor, and terminate) nitrous oxide-oxygen (N2O-O2) minimal sedation must have completed a basic life-support training course certified by the American heart association, the American red cross, or the American safety and health institute, and remain current at all times when administering N2O-O2 minimal sedation. In order to administer N2O-O2 minimal sedation the dental hygienist must have completed the education and examination requirements set forth in paragraph (A) or (B) of this rule.

(A) The licensed dental hygienist has successfully completed a six hour course in the administration of N2O-O2 minimal sedation provided by a permanent sponsor. The course shall include no less than four hours of didactic instruction and at least two hours of clinical experience. The course shall include, at a minimum, the following:

(1) The didactic component shall include the following topics:

(a) The history, philosophy and psychology of N2O-O2 minimal sedation

(b) Definition and descriptions of the physiological and psychological aspects of pain and anxiety

(d) Indications and contraindications for N2O-O2 minimal sedation

(e) Anatomy and physiology of respiration

(f) Pharmacological and physiological effects of nitrous oxide

(g) Description of the stages of drug induced central nervous system depression through all levels of consciousness and unconsciousness with special emphasis on the distinction between the conscious and unconscious state

(h) Medical assessment of the patient prior to administration of N2O-O2 minimal sedation

(i) Moderate and deep sedation/general anesthesia versus minimal sedation

(j) Armamentarium used in the administration of N2O-O2 minimal sedation

(k) Initiation, adjustment, monitoring, and termination of N2O-O2 minimal sedation

(l) Management of complications and medical emergencies

(m) Legal and ethical considerations

(n) Occupational exposure

(2) The clinical experience shall include at least the following topics:

(a) Patient status assessment

(b) Safe and effective use of appropriate armamentarium

(d) Post-operative care of the patient

(3) Successful completion of a written examination provided by the board-approved permanent sponsor.

(4) A clinical competency, provided by the board-approved sponsor, must be completed.

(5) A certificate, documenting successful completion of the course, must be provided to the dental hygienist by the permanent sponsor within ten days after successful completion of the course, examination, and clinical competency examination. The original certificate or a copy must be maintained in the office(s) wherein the dental hygienist practices.

(B) A dental hygienist shall be exempt from completing a N2O-O2 minimal sedation administration course and the examination requirements provided in paragraph (A) of this rule for either of the following:

(1) The licensed dental hygienist holds a current dental hygiene license, certificate, permit, registration, or other credential issued by another state for the administration of N2O-O2 minimal sedation if the training received is substantially equivalent, as determined by the board, to the required hours, content and examination requirements of the course described in paragraph (A) of this rule.

(2) The license dental hygienist has graduated on or after January 1, 2010 from an American dental association commission on dental accreditation approved dental hygiene program and has completed the equivalent training within the dental hygiene curriculum.

Completion of basic life-support and all education and examination requirements for the administration of N2O-O2 minimal sedation shall be documented on a form supplied by the board, with any necessary supporting information attached. This form shall be maintained in the facility(s) where the dental hygienist is working. The board retains the right and authority, upon notification, to audit, monitor or request evidence demonstrating adherence to Chapter 4715. of the Revised Code and/or agency 4715 of the Administrative Code.

Last updated September 24, 2026 at 8:05 AM

History

Effective: September 17, 2011
Promulgated Under: 119.03

Ohio Adm.Code 4715-9-01.3 Monitoring of nitrous oxide-oxygen (N2O-O2) minimal sedation; education or training requirements.

Each licensed dental hygienist seeking to monitor nitrous oxide-oxygen (N2O-O2) minimal sedation must have completed a basic life-support training course certified by the American heart association, the American red cross, or the American safety and health institute, and remain current at all times when monitoring N2O-O2 minimal sedation. In order to monitor N2O-O2 minimal sedation the dental hygienist must have completed the education and examination requirements set forth in rule 4715-11-02.1 of the Administrative Code for the monitoring of N2O-O2 minimal sedation for basic qualified personnel excepting that the licensed dental hygienist is not required to complete the stipulations set forth in paragraph (B)(40)(b) of rule 4715-11-02 of the Administrative Code.

Last updated April 27, 2026 at 3:35 PM

History

Effective: September 18, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4715-9-01.4 Use of Lasers; education and training requirements.

Each licensed dental hygienist seeking to use a laser in accordance with rule 4715-9-01 of the Administrative Code must have completed the requirements set forth in sections 4715.23 and 4715.231 of the Revised Code and the education and examination requirements set forth in paragraphs (A) and (B) of this rule.

(A) The dental hygienist must successfully complete a course on the use of lasers. The program of education shall include a minimum of five and a half hours of didactic instruction and successful completion of a written examination by a score of at least seventy-five per cent. The objectives for the didactic instruction must include:

(1) Review of patient's medical history to determine any contraindications;

(2) Review of infection control, standard precautions, and transfer of diseases;

(3) Periodontal tissues, dental anatomy, and nomenclature;

(4) Rationale for performing non-surgical periodontal laser therapy;

(5) Beneficial and adverse effects of non-surgical periodontal laser therapy;

(6) Soft tissue vs. hard tissue lasers;

(7) Laser physics;

(8) Laser safety for patients and staff;

(9) Patient management;

(10) Proper technique for approved use of non-surgical periodontal laser therapy including laser bacterial reduction, laser assisted periodontal therapy, photobiomodulation, and treatment of herpetic lesions/aphthous ulcers;

(11) Proper coding protocol;

(12) Procedures to follow in case of medical emergencies;

(13) Dental ethics, jurisprudence, and legal understanding of procedures allowed by each dental team member.

(B) Following successful completion of didactic instruction and examination, clinical competence will be assessed by demonstrating proficiency in approved procedures in two and a half hours of clinical hands-on training and a score of at least seventy-five per cent on the clinical competency exam.

Last updated May 11, 2026 at 8:05 AM

History

Effective: May 11, 2026
Promulgated Under: 119.03

Ohio Adm.Code 4715-9-01.5 Proper placement of interim therapeutic restorations by a dental hygienist.

An authorizing dentist may order a dental hygienist to place interim therapeutic restorations as defined in division (A)(3) of section 4715.43 of the Revised Code. To place interim therapeutic restorations, the dental hygienist must have completed the requirements set forth in paragraph (A) or (B) of this rule.

(A) The dental hygienist has successfully completed a one-hour course in placement of therapeutic restorations dedicated solely to the proper placement of interim therapeutic restorations, and shall include both didactic education and clinical hands-on training as part of the curriculum. The course must be taken through a board-approved sponsor of continuing education as listed in rule 4715-8-02 of the Administrative Code, and shall at a minimum, include the following:

(1) Biological background information, including, but not limited to, materials used in and the scientific basis for the proper placement of interim therapeutic restorations.

(2) Proper isolation and placement technique, including, but not limited to, the use of cotton rolls, iso-vac, or similar devices for maintaining a dry field.

(3) Knowledge of poor seal with interim therapeutic restorations, including, but not limited to, the consequences of a poor seal, leakage, and re-cavitation.

(4) Recognition and detection of dental caries that have been arrested.

(5) Replacement of the interim therapeutic restoration, including, but not limited to, the necessity of a new diagnosis by a dentist before reapplication.

(B) A dental hygienist shall be exempt from the one-hour course provided in paragraph (A) of this rule for any of the following:

(1) The dental hygienist holds a current license, certificate, permit, registration, or other credential issued by another state for the placement of interim therapeutic restorations if the training received is substantially equivalent, as determined by the board, to the required hour and content requirements of the course described in paragraph (A) of this rule;

(2) The dental hygienist has completed the course requirements for interim therapeutic restorations as set forth in paragraph (A) of this rule within their educational program prior to obtaining licensure; or

(3) The dental hygienist has completed one hour of continuing education of didactic education and completes the clinical experience in the dental office in which the dental hygienist is employed or serving an externship. The employing/supervising dentist must certify to the sponsor of the continuing education course that the clinical experience was completed to competency.

Last updated August 17, 2026 at 8:02 AM

History

Effective: August 17, 2026
Promulgated Under: 119.03

Ohio Adm.Code 4715-9-01.6 Application of silver diamine fluoride by a dental hygienist.

An authorizing dentist may order a dental hygienist to apply silver diamine fluoride. To apply silver diamine fluoride, the dental hygienist must have completed the requirements set forth in paragraph (A) or (B) of this rule.

(A) The dental hygienist has successfully completed a one-hour course dedicated solely to the application of silver diamine fluoride, which shall include both didactic education and clinical hands-on training as part of the curriculum. The course must be taken through a board-approved sponsor of continuing education as listed in rule 4715-8-02 of the Administrative Code, and shall, at a minimum, include the following:

(1) Biological background information, including, but not limited to, materials used in and the scientific basis for the application of silver diamine fluoride.

(2) Proper isolation and placement technique, including, but not limited to, the use of cotton rolls, iso-vac, or similar devices for maintaining a dry field.

(3) Knowledge of potential problems associated with silver diamine fluoride, including, but not limited to, staining, need for retreatment, and failure to arrest caries.

(4) Recognition and detection of dental caries that have been arrested.

(5) Reapplication of treatment, including, but not limited to, the necessity of a new diagnosis by a dentist before reapplication.

(B) A dental hygienist shall be exempt from the one-hour course provided in paragraph (A) of this rule for any of the following:

(1) The dental hygienist holds a current license, certificate, permit, registration, or other credential issued by another state for the application of silver diamine fluoride if the training received is substantially equivalent, as determined by the board, to the required hour and content requirements of the course described in paragraph (A) of this rule;

(2) The dental hygienist has completed the course requirements for application of silver diamine fluoride as set forth in paragraph (A) of this rule within their educational program prior to obtaining licensure; or

Last updated August 17, 2026 at 8:02 AM

History

Effective: August 17, 2026
Promulgated Under: 119.03

Ohio Adm.Code 4715-9-02 Dental hygiene examination limited.

The Ohio state dental board will admit to examination only those persons who have graduated from a dental hygiene school or dental hygiene program which was accredited by the American dental association's commission on dental accreditation at the time of graduation and who have met the requirements set forth in section 4715.21 of the Revised Code.

Last updated September 8, 2023 at 2:01 PM

History

Effective: October 9, 2006
Promulgated Under: 119.03

Ohio Adm.Code 4715-9-03 Requirements for licensure for dental hygienists.

(A) Applicants for licensure to practice dental hygiene as provided in section 4715.21 of the Revised Code, shall furnish satisfactory proof of the following on a form prescribed and provided by the state dental board:

(1) Be at least eighteen years of age; and

(2) Be of good moral character; and

(3) Be a graduate of an accredited school of dental hygiene; and

(4) Have successfully passed all parts of the examination given by the joint commission on national dental examinations; and

(5) Provides evidence of successfully passing all components based on a conjunctive scoring method of one of the following regional board examinations: the north east regional board of dental examiners, inc. (NERB), the central regional dental testing service, inc. (CRDTS), the southern regional testing agency, inc. (SRTA), or the western regional examining board (WREB).

(B) Applicants for licensure to practice dental hygiene as provided in section 4715.27 of the Revised Code, shall furnish satisfactory proof of the following on a form prescribed and provided by the state dental board:

(1) Be at least eighteen years of age; and

(2) Be of good moral character; and

(3) Be a graduate of an accredited school of dental hygiene; and

(4) Has successfully passed all parts of the examination given by the joint commission on national dental examinations; and

(5) Holds a license in good standing from another state and has actively engaged in the legal and reputable practice of dental hygiene in another state or in the armed forces of the United States, the United States public health service, or the United States department of veterans' affairs for five years immediately preceding application; and

(6) Proves to the satisfaction of the board the intention to practice dental hygiene in this state.

(C) Each applicant for licensure to practice dental hygiene shall successfully pass a jurisprudence examination approved by the state dental board on the statute and rules governing the practice of dental hygiene in the state of Ohio.

Last updated September 8, 2023 at 2:01 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-9-04 Dental hygiene teaching certificate.

An application for a dental hygiene teaching certificate must be certified by the administrator of the dental hygiene school or program where the person is authorized to teach. The application shall contain a statement signed by the applicant as to their knowledge of the dental laws of the state. The certificate granted under the provisions of section 4715.27 of the Revised Code, shall be displayed in a conspicuous place in the institution.

Last updated September 8, 2023 at 2:12 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-9-05 Practice when the dentist is not physically present.

(A) A dental hygienist may provide, for not more than fifteen consecutive business days, dental hygiene services to a patient when the supervising dentist is not physically present at the location at which the services are provided if all of the following requirements are met:

(1) The dental hygienist has at least one year and a minimum of one thousand five hundred hours of experience in the practice of dental hygiene. This experience shall be documented on a form supplied by the board, with any necessary supporting information attached, and the form shall be maintained in the facility(s) where the dental hygienist is working.

(2) The dental hygienist has successfully completed a course approved by the state dental board in the identification and prevention of potential medical emergencies. This board approved course shall be taken through a permanent sponsor, shall be at least four hours in duration, and shall include, at a minimum, the following topics:

(a) Medical history;

(b) Recognition of common medical emergency situations;

(d) Basic airway management;

(e) Prevention of emergency situations during dental appointments; and

(f) Recognition of symptoms, first aid treatment and possible outcomes for patients who exhibit bleeding injuries, cardiovascular disease, insulin reaction, diabetic coma, shock, syncope, epileptic seizures and allergic reactions.

Completion of this course shall be documented on a form supplied by the board, with all necessary supporting information attached, and the form shall be maintained in the facility(s) where the dental hygienist is working.

(3) The dental hygienist must have completed a basic life-support training course certified by the American heart association, American red cross, or the American safety and health institute, and remain current at all times while treating patients when the dentist is not physically present. This must be verified on a form supplied by the board, with all necessary supporting information attached, and the form shall be maintained in the facility(s) where the dental hygienist is working.

(4) The dental hygienist complies with written protocols for emergencies the supervising dentist establishes.

(5) The supervising dentist has evaluated the dental hygienist's skills and has made a determination that the dental hygienist is competent to treat patients without the dentist being physically present. This determination shall be documented on a form supplied by the board, and the form shall be maintained at the facility(s) where the dental hygienist is working.

(6) The supervising dentist examined the patient not more than one year prior to the date the dental hygienist provides the dental hygiene services to the patient.

(7) The dental hygienist complies with written protocols or written standing orders that the supervising dentist establishes, including an updated medical history.

(8) The supervising dentist completed and evaluated a medical and dental history of the patient not more than one year prior to the date the dental hygienist provides dental hygiene services to the patient, unless there has been a medically significant change in the patient's medical history since the last appointment, and, except when the dental hygiene services are provided in a health care facility, the supervising dentist determines that the patient is in a medically stable condition.

(9) If the dental hygiene services are provided in a health care facility, a doctor of medicine and surgery or osteopathic medicine and surgery who holds a current certificate issued under Chapter 4731. of the Revised Code or a registered nurse licensed under Chapter 4723. of the Revised Code is present in the health care facility when the services are provided.

(10) In advance of the appointment for dental hygiene services, the patient is notified that the supervising dentist will be absent from the location and that the dental hygienist cannot diagnose the patient's dental health care status. This notification must be documented in the patient record.

(B) A dental hygienist may provide dental hygiene services to a patient when the supervising dentist is not physically present at the location at which the services are provided if the services are provided as part of a dental hygiene program that is approved by the state dental board and all of the following requirements are met:

(1) The program is operated through a school district board of education or the governing board of an educational service center; the board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code; a national, state, district, or local dental association; or any other public or private entity recognized and approved by the state dental board.

(2) The supervising dentist is employed by or a volunteer for, and the patients are referred by, the entity through which the program is operated.

(3)

(a) Except as provided in paragraph (B)(3)(b) of this rule, the services are performed after examination and diagnosis by the dentist and in accordance with the dentist's written treatment plan.

(b) The requirement in paragraph (B)(3)(a) of this rule does not apply when the only service to be provided by the dental hygienist is the placement of pit and fissure sealants.

(C) A dental hygienist may apply fluoride varnish, apply desensitizing agents, and discuss general nonmedical nutrition information for the purpose of maintaining good oral health when the supervising dentist is not physically present at the location where the services are provided, regardless of whether the dentist has examined the patient, if the dental hygienist is employed by, or under contract with, the supervising dentist or another person or government entity specified in paragraph (B) of this rule.

(D) The supervising dentist shall have no more than three dental hygienists treating patients when the dentist is not physically present.

(E) No person shall do either of the following:

(1) Practice dental hygiene in a manner that is separate or otherwise independent from the dental practice of a supervising dentist.

(2) Establish or maintain an office or practice that is primarily devoted to the provision of dental hygiene services.

(F) The following procedures may not be performed by a dental hygienist when the supervising dentist is not physically present:

(1) Administration of intraoral block and infiltration local anesthesia

(2) Administration (initiate, adjust, monitor, and terminate) of nitrous oxide-oxygen (N2O-O2) minimal sedation

(3) Monitoring of nitrous oxide-oxygen (N2O-O2) minimal sedation

(4) Procedures while the patient is anesthetized.

(5) Definitive subgingival curettage.

(6) Definitive root planing.

(7) Sulcular placement of prescribed materials.

(8) Shade selection for fabrication of appliances or restorations.

(9) Pulp testing.

(10) Suture removal.

(11) Placement of a rubber dam over preplaced clamp, and removal of clamp and rubber dam.

(12) Application of cavity varnish.

(13) Placement and removal of surgical dressings.

(14) Bleaching of teeth.

(15) The following orthodontic procedures:

(a) Preliminary selection and sizing of orthodontic bands and arch wires.

(b) Checking for and removal of loose orthodontic bands and loose brackets.

(c) Placement and removal of orthodontic arch wires, auxiliary arch wires, and ligation of same to orthodontic bands and/or brackets.

(d) Placement and removal of orthodontic separators and ties.

(16) The following endodontic procedures:

(a) Irrigation and drying of canals during endodontic procedures.

(b) Placement of medication in the pulp chamber(s) of teeth with non-vital pulp or instrumented root canals.

(17) The following restorative procedures:

(a) Impression, fabrication, cementation and removal of any provisional restorations.

(b) Preliminary selection and sizing of stainless steel crowns.

(18) The preparation of materials, drugs and medications for use in dental procedures, including, but not limited to:

(a) Palliative materials.

(b) Restorative materials.

(19) All non-invasive supportive services normally utilized in conjunction with the treatment by the dentist of fascia pain or TMJ syndrome.

(20) Intra-oral bite registrations for restorations and appliances.

(21) Preparing the teeth for restorations or for the bonding of orthodontic brackets by treating the supragingival coronal surfaces of the teeth to be bonded with a conditioning or etching agent and by the placement of a bonding agent adhesive.

(22) Impressions for removable or fixed orthodontic appliances.

Last updated July 10, 2025 at 12:15 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-9-06 Dental hygienist participating in the oral health access supervision program (OHASP).

(A) A dental hygienist may participate in an oral health access supervision program and provide dental hygiene services if all of the following requirements have been met:

(1) The dental hygienist and authorizing dentist comply with all requirements outlined in sections 4715.36 to 4715.375 of the Revised Code.

(2) A dental hygienist may provide dental hygiene services as defined in division (F) of section 4715.36 of the Revised Code when participating in the oral health access supervision program (OHASP).

(3) A dental hygienist may perform those duties outlined in paragraphs (C) and (E) of rule 4715-9-01 of the Administrative Code when participating in the OHASP.

(4) A dental hygienist may not perform those duties outlined in paragraph (F) of rule 4715-9-05 of the Administrative Code when participating in the OHASP.

(B) The dental hygiene services must be provided in accordance with the dentists written protocol after the authorizing dentist's review and evaluation of the patient's medical and dental records, unless there are medically significant changes in the patients medical history since the review. If a medically significant change has occurred, no dental hygiene services shall be provided under this section until the authorizing dentist completes another review and evaluation of the patient's medical and dental history. The authorizing dentist may complete the subsequent review and evaluation of the patient's medical and dental history by telephone, facsimile, electronic mail, video, or any other means of communication.

(C) Prior to receiving dental hygiene services, the patient and the operator of the facility where the dental hygiene services are to be provided are notified that no dentist will be present at the location and that the dental hygienist is prohibited from doing either of the following:

(1) Diagnosing the patient's oral health care status;

(2) Providing dental hygiene services to the same patient on a subsequent occasion until the patient has received a clinical evaluation performed by a dentist, except if the patient requires multiple visits to complete one or more procedures that could not be completed during the visit in which the dental hygiene services were commenced. If the patient requires multiple visits to complete the one or more procedures that could not be completed during the visit in which dental hygiene services were commenced, the one or more procedures shall be completed not later than eight weeks after the visit in which the dental hygiene services were commenced.

Last updated September 8, 2023 at 2:12 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-9-06.1 Course requirement for the practice of dental hygiene under oral health access supervision program (OHASP).

(A) For purposes of division (B) of section 4715.372 of the Revised Code, the course shall prepare dental hygienists to properly and safely practice dental hygiene under oral health access supervision program (OHASP). The course shall include basic concepts that allow a dental hygienist to provide dental hygiene services to a patient when the oral health access supervising dentist is not present at the location at which the services are provided.

(B) The course shall be eight hours in length and shall include, but not be limited to, the following:

(1) As required by division (B)(2)(a) of section 4715.372 of the Revised Code, the treatment of geriatric patients, medically compromised patients, developmentally disabled patients, and pediatric patients:

(a) Common oral conditions

(b) Medical considerations

(d) Behavioral management

(e) Recognition of abuse

(f) Recognition of what constitutes a medically significant change to a patient's medical or dental history.

(2) Infection control.

(3) Ethical and legal considerations.

(4) As required by division (B)(2)(b) of section 4715.372 of the Revised Code, the course should include all recordkeeping practices outlined in rule 4715-9-01 of the Administrative Code, and those pertaining to the OHASP as stated in sections 4715.361 to 4715.375 of the Revised Code and be inclusive of all forms required by the board in association with the OHASP.

Last updated September 8, 2023 at 2:13 PM

History

Effective: March 25, 2011
Promulgated Under: 119.03

Ohio Adm.Code 4715-9-07 Dental hygienist non-delegable dental tasks and/or procedures.

The following dental tasks and/or procedures shall not be delegated by any licensed dentists to dental hygienists:

(A) Definitive diagnosis and treatment planning.

(B) The final placement of any fixed or removable appliances.

(D) The therapeutic intra-oral adjustment of any fixed or removable appliance.

(E) Cutting procedures utilized in the preparation of the coronal or root portion of the tooth.

(F) Cutting procedures involving the supportive structures of the tooth.

(G) The placement of the final root canal filling.

(H) Final impressions of any tissue-bearing area, whether it be hard or soft tissue, upon which a prosthetic restoration is to be placed. Taking of impressions for athletic mouthguards or similar appliances is not to be construed as a final impression.

(I) Occlusal registration procedures for any prosthetic restoration, whether it be fixed or removable.

(J) The final placement of prefabricated or cast restorations or crowns.

(K) Any other dental tasks and/or procedures which are prohibited by Chapter 4715. of either the Revised Code or agency 4715 of the Administrative Code.

Last updated May 11, 2026 at 8:05 AM

History

Effective: May 11, 2026
Promulgated Under: 119.03

Chapter 4715-10 Oral Health Access Supervision Program

Ohio Adm.Code 4715-10-01 Application for oral health access supervision permit: Dentist.

(A) No licensed dentist shall participate in the oral health access supervision program as provided in sections 4715.36 to 4715.374 of the Revised Code, unless such dentist possesses a permit issued by the Ohio state dental board.

(B) In order to receive such a permit, the licensed dentist shall apply on a form prescribed and provided by the state dental board, submit the application fee of twenty dollars, and provide the following information:

(1) Dentist's name;

(2) Ohio license number; and

(3) Current practice address.

(C) The state dental board shall issue an oral health access supervision permit to a dentist who is in good standing with the board and satisfies all the requirements of this rule.

Last updated September 8, 2023 at 2:13 PM

History

Effective: September 17, 2011
Promulgated Under: 119.03

Ohio Adm.Code 4715-10-02 Expiration of oral health access supervision permit; Renewal.

(A) An oral health access supervision permit issued under section 4715.362 of the Revised Code expires on the thirty-first day of December of the odd-numbered year that occurs after the permit's issuance.

(B) A dentist who desires to renew a permit shall apply, under oath, to the state dental board on a form prescribed by the board and pay a renewal fee of twenty dollars.

(C) The board shall renew an oral health access supervision permit for a two-year period if the dentist submitted a complete application, paid the renewal fee, is in good standing with the board, and verified with the board, all of the following:

(1) The locations at which dental hygienists have, under the dentist's authorization, provided services during the two years prior to submission of the renewal application.

(2) The number of patients treated, during the two years prior to submission of the renewal application, by each dental hygienist providing dental hygiene services under the dentist's authorization.

(3) The number of patients reported in accordance with paragraph (C)(2) of this rule who received a clinical evaluation from a dentist following the provision of dental hygiene services by the dental hygienist.

Last updated September 8, 2023 at 2:18 PM

History

Effective: September 17, 2011
Promulgated Under: 119.03

Ohio Adm.Code 4715-10-02.1 Suspension or revocation of permit: Dentist.

(A) An oral health access supervision permit issued under section 4715.362 of the Revised Code may be suspended for any of the following reasons, including but not limited to:

(1) The dentist no longer holds a current active license status;

(2) The dentist fails to complete the continuing education requirements set forth in section 4715.141 of the Revised Code by the thirty-first day of December of the odd-numbered year;

(3) The dentist fails to provide the board with a listing of all locations where services were provided under the oral health access supervision program or where services are to be provided in the future; or

(4) The dentist's license has been disciplined as set forth in section 4715.30 of the Revised Code or for any violation of Chapter 4715. of the Revised Code.

Last updated September 8, 2023 at 2:18 PM

History

Effective: September 17, 2011
Promulgated Under: 119.03

Ohio Adm.Code 4715-10-03 Application for oral health access supervision program permit; dental hygienist.

(A) No licensed dental hygienist shall participate in the oral health access supervision program as provided in sections 4715.36 to 4715.374 of the Revised Code, unless such dental hygienist possesses a permit issued by the Ohio state dental board.

(B) In order to receive such a permit, the licensed dental hygienist shall apply on a form prescribed and provided by the state dental board, submit the application fee of twenty dollars, and provide the following information:

(1) Dental hygienist's name;

(2) Ohio license number; and

(3) Other information required by the board.

(1) Completed at least one year and attained a minimum of one thousand five hundred hours of experience in the clinical practice of dental hygiene;

(2) Completed at least twenty-four hours of continuing dental hygiene education during the two years immediately preceding submission of the application;

(3) Completed a course pertaining to the practice of dental hygiene under the oral health access supervision of a dentist that meets standards established in rule 4715-9-06.1 of the Administrative Code;

(4) Completed, during the two years immediately preceding application, a course pertaining to the identification and prevention of potential medical emergencies that is the same as the course described in division (C)(2) of section 4715.22 of the Revised Code.

(D) The state dental board shall issue a permit to practice under the oral health access supervision of a dentist to a dental hygienist who is in good standing with the board and meets all of the requirements of paragraphs (B) and (C) of this rule.

Last updated September 8, 2023 at 2:19 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-10-04 Expiration of permit to practice under oral health access supervision program; Renewal.

(A) A permit to practice under the oral health access supervision of a dentist issued under section 4715.363 of the Revised Code expires on the thirty-first day of December of the odd-numbered year that occurs after the permit's issuance.

(B) A dental hygienist who desires to renew a permit shall apply, under oath, to the state dental board on a form prescribed by the board and pay a renewal fee of twenty dollars.

(C) The state dental board shall renew a permit for a two-year period if the dental hygienist submitted a complete application, paid the renewal fee, is in good standing with the board, and has verified with the board both of the following:

(1) The locations at which the dental hygienist has provided dental hygiene services under a permit to practice under the oral health access supervision of a dentist.

(2) The number of patients that the hygienist has treated under a permit during the two years prior to submission of the renewal application.

Last updated September 8, 2023 at 2:19 PM

History

Effective: September 17, 2011
Promulgated Under: 119.03

Ohio Adm.Code 4715-10-04.1 Suspension or revocation of permit; Dental hygienist.

(A) A permit to practice under the oral health access supervision of a dentist may be suspended for any of the following reasons, including but not limited to:

(1) The dental hygienist no longer holds current active license status;

(2) The dental hygienist fails to complete the continuing education requirements set forth in section 4715.25 of the Revised Code by the thirty-first day of December of the odd-numbered year;

(3) The dental hygienist has not retained current certification of basic life-support training course certified by the American heart association, American red cross, or the American safety and health institute at all times while treating patients under the oral health access supervision of a dentist;

(4) The dental hygienist fails to provide the board with a listing of all locations where services were provided under the oral health access supervision program or fails to report additional locations where services are to be provided prior to services being rendered; or

(5) The dental hygienist's license has been disciplined as set forth in section 4715.30 of the Revised Code or for any violation of Chapter 4715. of the Revised Code.

Last updated September 8, 2023 at 2:19 PM

History

Effective: September 17, 2011
Promulgated Under: 119.03

Chapter 4715-11 Qualified Personnel

Ohio Adm.Code 4715-11-01 Dentists may supervise dental auxiliaries, basic qualified personnel, certified assistants, expanded function dental auxiliary.

(A) Dental auxiliaries

(1) A licensed dentist may, in accordance with board rules, assign under the dentist's personal supervision and full responsibility, the concurrent performance of supportive procedures, to include assisting with the administration of drugs, medications, and inhalation anesthetic agents, including nitrous oxide-oxygen (N2O-O2) minimal sedation.

(2) A licensed dentist shall not delegate parenteral injections for the administration of drugs, including local anesthetic agents, to dental auxiliaries unless they are appropriately licensed in the state of Ohio.

(B) Basic qualified personnel

(1) A licensed dentist may, in accordance with board rules, assign under the dentist's direct supervision and full responsibility, basic remediable intra-oral and extra-oral tasks and/or procedures to basic qualified personnel.

(2) A licensed dentist may utilize, under the dentist's direct supervision and full responsibility, no more than one basic qualified personnel appropriately trained as set forth in paragraph (B)(40) of rule 4715-11-02 of the Administrative Code in the monitoring of N2O-O2 minimal sedation, at any given time. This restriction is independent of the limitation on the number of licensed dental hygienists appropriately trained as set forth in paragraph (A)(2) of rule 4715-9-01 of the Administrative Code who may be employed to perform the administration of N2O-O2 minimal sedation.

(3) A licensed dentist may, in accordance with board rules, assign under the dentist's personal supervision and full responsibility, the concurrent performance of supportive procedures, to include assisting with the administration of drugs, medications, and inhalation anesthetic agents, including N2O-O2 minimal sedation to basic qualified personnel.

(4) A licensed dentist must maintain in the office a record of the training received by dental assistants who wish to perform the monitoring of N2O-O2 minimal sedation as set forth in paragraph (B)(40) of rule 4715-11-02 of the Administrative Code.

(2) A licensed dentist may utilize, under the dentist's direct supervision and full responsibility, no more than one certified assistant appropriately trained as set forth in paragraph (B)(40) of rule 4715-11-02 of the Administrative Code in the monitoring of N2O-O2 minimal sedation, at any given time. This restriction is independent of the limitation on the number of licensed dental hygienists appropriately trained as set forth in paragraph (A)(2) of rule 4715-9-01 of the Administrative Code who may be employed to perform the administration of N2O-O2 minimal sedation.

(3) A licensed dentist may, in accordance with board rules, assign under the dentist's direct supervision and full responsibility, the following dental tasks and procedures in addition to those basic remediable intra-oral and extra-oral dental tasks and/or procedures defined in rule 4715-11-02 of the Administrative Code to appropriately trained certified assistants pursuant to rule 4715-11-03 of the Administrative Code:

(a) Application of pit and fissure sealants; and

(b) Coronal polishing activities.

(4) A licensed dentist may utilize, under the dentist's direct supervision and full responsibility, no more than two certified assistants appropriately trained as set forth in rule 4715-11-03.1 of the Administrative Code to perform coronal polishing activities, at any given time. This restriction is independent of the limitation on the number of licensed dental hygienists who may be employed to perform the duties of a licensed dental hygienist as defined in sections 4715.22 and 4715.23 of the Revised Code.

(5) A licensed dentist must maintain in the office a record of the training received by certified assistants who wish to perform the monitoring of N2O-O2 minimal sedation as set forth in paragraph (B)(40) of rule 4715-11-02 of the Administrative Code.

(D) Expanded function dental auxiliary

(2) A licensed dentist may utilize, under the dentist's direct supervision and full responsibility, no more than one expanded function dental auxiliary appropriately trained as set forth in paragraph (B)(40) of rule 4715-11-02 of the Administrative Code in the monitoring of N2O-O2 minimal sedation, at any given time. This restriction is independent of the limitation on the number of licensed dental hygienists appropriately trained as set forth in paragraph (A)(2) of rule 4715-9-01 of the Administrative Code who may be employed to perform the administration of N2O-O2 minimal sedation.

(3) A licensed dentist may utilize, under the dentist's direct supervision, no more than two expanded function dental auxiliaries at any given time. This restriction is independent of the limitation on the number of licensed dental hygienists who may be employed to perform the duties of a licensed dental hygienist as defined in sections 4715.22 and 4715.23 of the Revised Code.

(4) A licensed dentist may, in accordance with board rules, assign under the dentist's direct supervision and full responsibility the following dental tasks and/or procedures in addition to those basic remediable intra-oral and extra-oral dental tasks and/or procedures defined in rule 4715-11-02 of the Administrative Code to registered expanded function dental auxiliaries:

(a) Advanced remediable intra-oral and extra-oral tasks and/or procedures, with consideration of the soft tissues, involved in the art or placement of preventative or restorative materials limited to the following:

(i) Application of pit and fissure sealants;

(ii) Amalgam restorative materials; and

(iii) Non-metallic restorative materials, including direct-bonded restorative materials.

(5) A licensed dentist must maintain in the office a current record of the training received by expanded function dental auxiliaries who wish to perform the monitoring of N2O-O2 minimal sedation as set forth in paragraph (B)(40) of rule 4715-11-02 of the Administrative Code.

Last updated August 28, 2023 at 8:27 AM

History

Effective: August 28, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4715-11-02 Basic qualified personnel; functions.

(A) Basic qualified personnel must be trained directly via an employer/dentist, via in-office training, and/or via a planned sequence of instruction in an educational institution.

(B) Under the direct supervision of the licensed dentist, the basic qualified personnel may perform basic remediable intra-oral and extra-oral tasks and/or procedures including the following, but do not include any advanced remediable intra-oral tasks and/or procedures as defined in rule 4715-11-04 of the Administrative Code.

(1) Aspiration and retraction.

(2) Intra-oral instrument transfer.

(3) Preliminary charting of missing and filled teeth.

(4) Elastomeric impressions for diagnostic models and models to be used for opposing models in the construction of appliances and restorations.

(5) Taking impressions for the construction of custom athletic mouth protectors/mouthguards, and trays for application of medicaments.

(6) Application of disclosing solutions.

(7) Caries susceptibility and detection.

(8) Periodontal susceptibility and detection (excluding procedures that enter the gingival sulcus: eg. periodontal probing paper points).

(9) Demonstration of oral hygiene procedures, including, but not limited to, use of toothbrushes and dental floss.

(10) Shade selection for fabrication of appliances or restorations.

(11) Application of topical anesthetics.

(12) Pulp testing.

(13) Fluoride application.

(14) Topical applications of desensitizing agents to teeth.

(15) Application and removal of periodontal dressings.

(16) Suture removal.

(17) Placement of rubber dam over preplaced clamp, and removal of clamp and rubber dam.

(18) Application of cavity varnish.

(19) Impression, fabrication, cementation and removal of provisional restorations, not to include palliative or sedative restorations.

(20) Retraction of the gingival tissue prior to the final impression which is performed by the licensed, supervising dentist.

(21) Preliminary selection and sizing of stainless steel crowns.

(22) Preliminary selection and sizing of orthodontic bands and arch wires.

(23) Checking for and removal of loose orthodontic bands and loose brackets.

(24) Intra-oral bite registrations for diagnostic model articulation, restorations, and appliances.

(25) Irrigation and drying of canals during endodontic procedures.

(26) Placement of medication in the pulp chamber(s) of teeth with non-vital pulp or instrumented root canals.

(27) Placement and removal of surgical dressings.

(28) Placement and removal of orthodontic arch wires, auxiliary arch wires, and ligation of same to orthodontic bands and/or brackets.

(29) Placement and removal of orthodontic separators and ties.

(30) Polymerization of light-activated restorative or bonding materials.

(31) All supportive services necessary to the maintenance of a hygienic practice environment, including, but not limited to, all sterilizing procedures.

(32) All supportive services or procedures necessary to protect the physical well-being of the patient during routine treatment procedures and during periods of emergencies, including, but not limited to:

(a) Physical positioning of the patient;

(b) Monitoring of vital signs;

(d) Any other non-invasive procedures deemed necessary by the supervising dentist to maintain the health and safety of the patient.

(33) All non-invasive supportive services and procedures necessary to the gathering and maintaining of accurate and complete medical and dental history of the patient, including, but not limited to:

(a) Taking photographs;

(b) Recording patient treatment;

(d) Other common tests deemed necessary by the supervising dentist.

(34) All extra-oral supportive laboratory procedures, including, but not limited to:

(a) Repair, construction and finishing of metallic and plastic prosthetic devices; and

(b) Compilation of radiographic data for interpretation by the dentist, i.e., tracings, etc.

(35) The preparation of materials, drugs and medications for use in dental procedures, including, but not limited to:

(a) Palliative materials;

(b) Impression materials; and

(36) All patient education services, including, but not limited to:

(a) Progress reports;

(b) Consultations (oral or written);

(d) Use of intra-oral hygiene devices:

(e) Normal nutrition information as it relates to dental health;

(f) Behavioral modification;

(g) Self adjustment of orthodontic appliances; and

(h) All other post-operative and post-insertion instructions, as deemed appropriate by the supervising dentist.

(37) All non-invasive supportive services normally utilized in conjunction with the treatment by the dentist of fascia pain or TMJ syndrome.

(38) Preparing the teeth for restorations or for the bonding of orthodontic brackets by treating the supragingival coronal surfaces of the teeth to be bonded with a conditioning or etching agent and by the placement of a bonding agent adhesive.

(39) Impressions for removable or fixed orthodontic appliances.

(40) Nitrous oxide-oxygen (N2O-O2) minimal sedation monitoring - A dental assistant may monitor N2O-O2 minimal sedation as defined in rule 4715-3-01 of the Administrative Code if all of the following requirements are met:

(a) The dental assistant must be at least eighteen years of age.

(b) The dental assistant has at least two years and three thousand hours of experience in the practice of dental assisting.

(c) The dental assistant has completed a basic life-support training course certified by the American heart association, the American red cross, or the American safety and health institute, and remains current at all times when monitoring N2O-O2 minimal sedation.

(d) The dental assistant has successfully completed a six-hour course in N2O-O2 minimal sedation monitoring as defined in rule 4715-11-02.1 of the Administrative Code. A certificate, documenting successful completion of the course, must be provided to the dental assistant by the permanent sponsor within ten days. This original certificate or a copy must be maintained in the office(s) wherein the dental assistant is employed. The course must be taken through a permanent sponsor.

(e) Under no circumstances may the dental assistant administer, adjust, or terminate N2O-O2 minimal sedation.

(f) The dental assistant shall not monitor more than one patient at a time.

(g) The dental assistant shall physically remain with the patient at all times.

(h) The supervising dentist approves discharge of the patient.

(i) Nothing in this rule shall be construed to allow the dental assistant to administer N2O-O2 minimal sedation.

Last updated September 8, 2023 at 2:25 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-11-02.1 Monitoring nitrous oxide-oxygen (N2O-O2) minimal sedation; education, training and examination required.

Each dental auxiliary seeking to monitor nitrous oxide-oxygen (N2O-O2) minimal sedation in accordance with rule 4715-11-02 of the Administrative Code must have completed a basic life-support training course certified by the American heart association, the American red cross, or the American safety and health institute, and remain current at all times when monitoring N2O-O2 minimal sedation. In order to monitor N2O-O2 minimal sedation the dental auxiliary must have completed the requirements set forth in paragraph (A) or (B) of this rule.

(A) The dental auxiliary has successfully completed a six-hour course in N2O-O2 minimal sedation monitoring. The course must be taken through a permanent sponsor and shall, at a minimum, include the following:

(1) The history, philosophy and psychology of N2O-O2 minimal sedation

(2) Definition and descriptions of the physiological and psychological aspects of pain and anxiety

(3) Concepts and management of pain and anxiety

(4) Indications and contraindications for N2O-O2 minimal sedation

(5) Anatomy and physiology of respiration

(6) Medical assessment of the patient prior to administration of N2O-O2 minimal sedation

(7) Moderate and deep sedation/general anesthesia versus minimal sedation

(8) Pharmacological and physiological effects of nitrous oxide

(9) A description of the stages of drug induced central nervous system depression through all levels of consciousness and unconsciousness with special emphasis on the distinction between the conscious and unconscious state

(10) Monitoring of N2O-O2 minimal sedation

(11) Management of complications and medical emergencies

(12) Legal and ethical considerations

(13) Occupational exposure

(14) Successful completion of a written examination, provided by the board-approved permanent sponsor.

(B) A dental auxiliary shall be exempt from the six-hour course and the examination requirements provided in paragraph (A) of this rule for either of the following:

(1) The dental auxiliary holds a current license, certificate, permit, registration, or other credential issued by another state for the monitoring of N2O-O2 minimal sedation if the training received is substantially equivalent, as determined by the board, to the required hours, content and examination requirements of the course described in paragraph (A) of this rule.

(2) The dental auxiliary graduated on or after January 1, 2015 from a commission on dental accreditation approved program and has completed the equivalent training within the curriculum.

Completion of basic life-support and all education and examination requirements for the monitoring of N2O-O2 minimal sedation shall be documented on a form supplied by the board, with any necessary supporting information attached. This form shall be maintained in the facility(s) where the dental auxiliary is working. The board retains the right and authority, upon notification, to audit, monitor or request evidence demonstrating adherence to Chapter 4715. of the Revised Code and/or agency 4715 of the Administrative Code.

Last updated September 8, 2023 at 2:25 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-11-03 Certified assistant; functions; education, training and supervision requirements.

(A) A licensed dentist may assign to certified assistants under the dentist's direct supervision and full responsibility those basic remediable intra-oral dental tasks and/or procedures as defined in rule 4715-11-02 of the Administrative Code.

(B) A licensed dentist may assign to currently certified assistants under the dentist's direct supervision and full responsibility the following dental tasks and/or procedures in addition to those basic remediable intra-oral dental tasks and/or procedures as defined in rule 4715-11-02 of the Administrative Code:

(1) "Pit and fissure sealants" - The certified assistant may apply pit and fissure sealants if all the following requirements are met:

(a) The dental assistant has successfully completed a course in the application of sealants consisting of at least two hours of didactic instruction and six hours of clinical instruction through a program provided by an institution accredited by the American dental association commission on dental accreditation or a program provided by a sponsor of continuing education approved by the board; and

(b) The dentist evaluates the patient and designates the teeth and surfaces that will benefit from the application of sealant on the day the application is to be performed; and

(d) The dentist supervising the assistant checks and approves the application of all sealants placed by the assistant before the patient leaves the location where the sealant application procedure is performed.

(2) "Coronal polishing" - The certified assistant may perform polishing of the enamel and restorations on the anatomical crowns of human teeth by utilizing only a combination of a polishing agent, a slow speed hand piece, a prophy angle and a rubber cup, if all the following requirements are met:

(a) The dental assistant receives a certificate from the board authorizing the assistant to engage in coronal polishing activities pursuant to completion of the education, training, assessment and examination requirements set forth in division (B) of section 4715.39 of the Revised Code and rule 4715-11-03.1 of the Administrative Code; and

(b) The polishing is performed only after the supervising dentist has evaluated the patient and any calculus detected on the teeth to be polished has been removed by a dentist or dental hygienist; and

(c) The dentist supervising the assistant supervises not more than two dental assistants engaging in polishing activities at any given time.

Nothing in paragraph (B)(2) of this rule authorizes the mechanical removal of calculus or authorizes a certified assistant to perform a complete oral prophylaxis.

Last updated September 8, 2023 at 2:26 PM

History

Effective: October 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-11-03.1 Coronal polishing certification.

Pursuant to section 4715.39 of the Revised Code and this rule, certified assistants shall receive certification to perform coronal polishing and may do so under the restrictions set forth in rule 4715-11-02 of the Administrative Code.

(A) Qualifications - Within ninety days from receipt of successfully passing the standardized examination required pursuant to division (B)(5) of section 4715.39 of the Revised Code, an applicant to be considered for issuance of coronal polishing certification shall furnish satisfactory proof of all the following on a form prescribed and provided by the state dental board:

(1) Be currently certified by the dental assisting national board or the Ohio commission on dental assistant certification; and

(2) Have successfully completed an approved training program as defined by division (B)(5) of section 4715.39 of the Revised Code and paragraph (B) of this rule; and

(3) Have successfully passed standardized testing as required by division (B)(5) of section 4715.39 of the Revised Code and paragraph (C) of this rule immediately following successful completion of a skills assessment component of an approved training program.

The board executive office shall issue a coronal polishing certificate to those certified assistants who have provided a completed application along with an application fee of fifteen dollars, the appropriate documentation of current certification and approved training program, and successful completion of standardized testing. Certified assistants who do not submit the application and appropriate documentation for a coronal polishing certificate within ninety days after successful completion of the standardized testing required pursuant to division (B)(5) of section 4715.39 of the Revised Code and paragraph (C) of this rule, must retake the training program in its entirety including, but not limited to, successful completion of standardized testing.

(B) Approved training program - training in the polishing of the clinical crowns of teeth through an approved program accredited by the American dental association commission on dental accreditation or equivalent board-approved training through a college or university accredited by the higher learning commission of the North central association of colleges and schools. The college or university must have a classroom and a (pre)clinical facility with the proper armamentarium and equipment to support the educational objectives.

(1) The board-approved training program must include a minimum of seven hours of coursework of which three are didactic and four are (pre)clinical. The training shall include courses in:

(a) Basic dental anatomy; and

(b) Infection control; and

(d) A clinical skills assessment that includes successful completion of a standardized examination.

(2) The faculty who participate in a coronal polishing course shall be full or part-time. Faculty must be competent educators with educational methodology, professional training, and have experience in coronal polishing. The participating faculty must be associated with an educational institution who is accredited by the American dental association commission on dental accreditation. There shall be a supervising dentist or dental hygienist faculty present for all (pre)clinical portions of the course. This person will be responsible for the learning experiences. Only course faculty will be responsible for final evaluation of students.

(3) This course shall include an evaluation component, mechanism, or procedure which assesses competence in coronal polishing. Minimal competency level shall be at seventy-five percent and must be demonstrated by the student prior to sitting for the standardized examination. The skills assessment must be on a clinical patient and disclosing solution must be utilized as an evaluation tool.

(4) An applicant shall not be permitted to take the standardized examination until the instructor certifies that the applicant has successfully completed all components of the training program and that the applicant is deemed capable of safely performing coronal polishing. The board reserves the right to make an independent determination on the issue of completion.

(5) The board retains the right and authority, upon notification, to audit, monitor, or request evidence demonstrating adherence to Chapter 4715. of the Revised Code for training programs approved by board action. The board may rescind approval status if the career college or school has disseminated any false or misleading information in connection with the training program, or if the career college or school has failed to conform to Chapter 4715. of the Revised Code or agency 4715 of the Administrative Code.

(C) Standardized testing - A board-approved examination to be administered by the dental assisting national board, the Ohio commission on dental assistant certification, or the educational institution in which the applicant has obtained successful completion of an approved training program.

(1) The examination shall be conducted within sixty days after the conclusion of the training program and shall be governed in format, content and subject matter by the testing agency and/or educational institution.

(2) The minimum passing score for the standardized testing is seventy-five per cent.

(3) An applicant must submit the examination fee established by the testing entity each time the applicant takes the examination.

(4) An applicant who fails to successfully complete the examination after the third attempt must retake the training program.

(5) An applicant must file a new application for each examination to be taken and submit a new examination fee as provided for in paragraph (C)(3) of this rule.

(D) The board shall issue a certificate to perform coronal polishing to currently certified assistants who, within one year immediately preceding the date of application, have completed the requirements set forth in paragraphs (A)(2) and (A)(3) of this rule.

(E) A certified assistant shall be exempt from the approved training program and standardized testing requirements provided in paragraphs (A)(2) and (A)(3) of this rule if the dental assistant holds a current license, certificate, or other credential issued by another state that the board determines uses standards that are at least equal to those established by agency 4715 of the Administrative Code.

Last updated September 8, 2023 at 2:26 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-11-03.2 Certified assistant; practice when the dentist is not physically present.

(A) Subject to the requirements set forth in paragraph (B) of this rule, the certified assistant may provide all of the following services to a patient when the supervising dentist is not physically present at the location where the services are provided:

(1) Recementation of temporary crowns or recementation of crowns with temporary cement;

(2) Application of fluoride varnish;

(3) Application of disclosing solutions;

(4) Application of desensitizing agents;

(5) Caries susceptibility testing;

(6) Instruction on oral hygiene home care, including the use of toothbrushes and dental floss; and

(7) Pit and fissure sealants if the educational requirement of paragraph (B)(1)(a) and the observation requirement in paragraph (B)(1)(c) of rule 4715-11-03 of the Administrative Code have been satisfied.

(B) A currently certified assistant may provide the dental assistant services in paragraph (A) of this rule for not more than fifteen consecutive business days, to a patient when the supervising dentist is not physically present at the location at which the services are provided if all of the following requirements are met:

(1) The certified assistant has at least two years and a minimum of three thousand hours of experience practicing as a dental assistant. This experience shall be documented on a form supplied by the board, with any necessary supporting documentation attached, and the form shall be maintained in the facility(s) where the certified assistant is working.

(2) The certified assistant has successfully completed a course approved by the state dental board in the identification and prevention of potential medical emergencies. This board approved course shall be taken through a permanent sponsor, shall be at least four hours in duration, and shall include, at a minimum, the following topics:

(a) Medical history;

(b) Recognition of common medical emergency situations;

(d) Basic airway management;

(e) Prevention of emergency situations during dental appointments; and

(3) The supervising dentist has evaluated the certified assistant's skills and has made a determination that the certified assistant is competent to treat patients without the dentist being physically present. This determination shall be documented on a form supplied by the board, and the form shall be maintained at the facility(s) where the certified assistant is working.

(4) The supervising dentist examined the patient not more than one year prior to the date the certified assistant provides the dental assisting services to the patient.

(5) The supervising dentist has established written protocols or written standing orders for the dental assistant to follow during and in the absence of an emergency.

(6) The supervising dentist completed and evaluated a medical and dental history of the patient not more than one year prior to the date the certified assistant provides dental assisting services to the patient, and the supervising dentist determines that the patient is in a medically stable condition.

(7) In advance of the appointment for dental assistant services, the patient is notified that the supervising dentist will be absent from the location and that the certified assistant cannot diagnose the patient's dental health care status. This notification must be documented in the patient record.

(8) The dental assistant is employed by, or under contract with, one of the following:

(a) The supervising dentist;

(b) A dentist licensed under this chapter who is one of the following:

(i) The employer of the supervising dentist;

(ii) A shareholder in a professional association formed under Chapter 1785. of the Revised Code of which the supervising dentist is a shareholder;

(iii) A member or manager of a limited liability company formed under Chapter 1705. of the Revised Code of which the supervising dentist is a member or manager;

(iv) A shareholder in a corporation formed under division (B) of section 1701.03 of the Revised Code of which the supervising dentist is a shareholder;

(v) A partner or employee of a partnership or a limited liability partnership formed under Chapter 1775. or 1776. of the Revised Code of which the supervising dentist is a partner or employee.

(c) A government entity that employs the dental assistant to provide services in a public school or in connection with other programs the government entity administers.

(C) A certified assistant may apply pit and fissure sealants prior to a dentist examining the patient and rendering a diagnosis, and when a dentist is not physically present at the location where the service is provided, if all of the following are the case:

(1) The educational requirement in paragraph (B)(1)(a) of rule 4715-11-03 of the Administrative Code has been satisfied.

(2) All of the conditions specified in paragraph (B) of this rule have been satisfied, except for paragraphs (B)(4) and (B)(6) of this rule.

(3) The dental assistant is providing the service as part of a program operated through any of the following: a school district board of education or the governing board of an educational service center; the board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code; a national, state, district, or local dental association; or any other public or private entity recognized by the state dental board.

(4) A supervising dentist for the program described in paragraph (C)(3) of this rule meets both of the following conditions:

(a) Is employed by or a volunteer for, and the patients are referred by, the entity through which the program is operated;

(b) Is available for consultation by telephone, videoconferencing, or other means of electronic communication.

(5) The application of pit and fissure sealants is limited to erupted permanent posterior teeth without suspicion of dentinal cavitation.

(6) If the patient is a minor, a parent, guardian, or other person responsible for the patient has been notified that a dentist will not be present at the location and that the dental assistant is not trained to diagnose or treat other serious dental concerns that could exist.

Last updated September 8, 2023 at 2:26 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-11-04 Expanded function dental auxiliaries; functions.

(A) A licensed dentist may assign to an expanded function dental auxiliary under his direct supervision and full responsibility the following tasks and/or procedures in addition to those basic remediable intra-oral and extra-oral dental tasks and/or procedures as defined in rule 4715-11-02 of the Administrative Code.

(B) "Advanced remediable intra-oral dental tasks and/or procedures" - all tasks and/or procedures, with consideration of the soft tissue, involved in the art or placement of preventive or restorative materials limited to the following:

(1) Pit and fissure sealants;

(2) Amalgam restorative materials; and

(3) Non-metallic restorative materials, including direct-bonded restorative materials.

Last updated September 8, 2023 at 2:26 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-11-04.1 Application for registration as expanded function dental auxiliary; requirements; renewal; exemptions.

(A) Each individual seeking to practice as an expanded function dental auxiliary shall register with the board in accordance with section 4715.62 of the Revised Code. An applicant for registration shall file with the secretary of the board a written application for registration, under oath, on a form the board shall prescribe and provide. An applicant shall include with the completed application all of the following:

(1) An application fee of twenty dollars;

(2) Proof that the applicant is one of the following:

(a) An unlicensed dentist who has graduated from an accredited dental college, as specified in section 4715.10 of the Revised Code, and does not have a dental license under suspension or revocation by the board;

(b) A dental student who is enrolled in an accredtied dental college, as specified in section 4715.10 of the Revised Code, and as is considered by the dean of the college to be in good standing as a dental student;

(d) A dental assistant who is certified by the dental assisting national board or the Ohio commission on dental assistant certification;

(e) A dental hygienist licensed under this chapter whose license is in good standing; or

(f) A dental hygienist who has graduated from an accredited dental hygiene program, as specified in section 4715.21 of the Revised Code, and does not have a dental hygiene license under suspension or revocation by the board.

(3) Proof satisfactory to the board that the applicant has successfully completed, at an educational institution accredited by the American dental association commission on dental accreditation or the higher learning commission of the north central association of colleges and schools, the education or training specified in rule 4715-11-04.2 of the Administrative Code. Proof of completion of the education or training may be evidenced by a diploma or certificate of graduation or completion that has been signed by an appropriate official of the accrediting institution that provided education or training;

(4) Proof satisfactory to the board that the applicant has passed an examination that meets the standards established in rule 4715-11-04.3 of the Administrative Code;

(5) Proof that the applicant holds current certification to perform basic life-support procedures, evidenced by documentation showing the successful completion of a basic life-support training course certified by the American red cross, the American heart association, or the American safety and health institute.

(B) Registration as an expanded function dental auxiliary expires on the thirty-first day of December of the year following the year in which the registration occurs. An individual may renew a registration for subsequent two-year periods in accordance with the standard renewal procedures established under Chapter 4745. of the Revised Code by submitting all of the following to the secretary of the state dental board each time the individual seeks to renew a registration:

(1) A renewal fee of twenty dollars;

(2) A completed application for renewal, under oath, on a form the board shall prescribe and provide;

(3) Proof that the registrant holds current certification to perform basic life-support procedures, evidenced by documentation showing the successful completion of a basic life-support traing course certified by the American red cross, the American heart association, or the American safety and health institute.

(1) A dentist licensed under this chapter;

(2) A dental student who engages in any activities performed by expanded function dental auxiliaries as an integral part of a program of study leading to receipt of a license to practice as a dentist under this chapter;

(3) An expanded function dental auxiliary student when the student participates in an educational or training activity of an accredited education institution or a training program that does both of the following:

(a) Provides the education or training necessary to practice as an expanded function dental auxiliary; and

(b) Ensures that a dentist licensed under this chapter, or a dentist who holds a limited teaching license issued under this chapter, is physically present in the facility where the expanded function dental auxiliary performs clinical dental procedures on patients.

Last updated September 8, 2023 at 2:27 PM

History

Effective: October 1, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-11-04.2 Education or training necessary to register as an expanded function dental auxiliary.

(A) In order to register with the board as an expanded function dental auxiliary, an individual must complete an educational program that meets all of the following requirements:

(1) The program is offered by an educational institution accredited by the American dental association commission on dental accreditation or the higher learning commission of the north central association of colleges and schools.

(2) The program must include a minimum of one hundred eighty hours of coursework, of which one hundred hours are preclinical and didactic, and eighty hours are clinical, and includes training in all of the following areas:

(a) Nomenclature

(b) Caries classification

(d) Dental morphology

(e) Periodontium

(f) Histology

(g) Basics of occlusion

(h) Ergonomics

(i) Instrumentation

(j) Pulp protection

(k) Dental materials

(l) Posterior amalgam and non-metallic restorations

(m) Matrix and wedge techniques

(n) Temporization

(o) Amalgam placement and carving

(p) Polishing amalgams

(q) Non-metallic restorative material placement

(r) Non-metallic restorative material finishing and polishing utilizing both low and high speed handpieces

(s) Pit and fissure sealant placement

(t) Rubber dam clamp placement and removal

(u) Rubber dam placement and removal

(3) A dentist licensed under section 4715.10 of the Revised Code or a dentist holding a limited teaching license under section 4715.16 of the Revised Code is physically present in the facility when clinical procedures associated with the education or training of expanded function dental auxiliary are performed on patients.

(B) An unlicensed dentist who does not have a dental license under suspension or revocation by the board and who seeks to register with the board as an expanded function dental auxiliary shall fulfill the requirements of paragraph (A) of this rule upon submission of proof of graduation from an accredited dental college as specified in section 4715.10 of the Revised Code.

(C) A dental student seeking to register with the board as an expanded function dental auxiliary shall fulfill the requirements of paragraph (A) of this rule upon submission to the board proof that the dental student is currently enrolled in an accredited dental college and is considered by the dean of the college to have completed sufficient clinical training as set forth in paragraph (A) of this rule, and be in good standing as a dental student.

(D) A graduate of an unaccredited dental college located outside the United States seeking to register with the board as an expanded function dental auxiliary shall fulfill the requirements of paragraph (A) of this rule upon submission of proof that the individual has completed sufficient clinical training at an accredited dental college as evidenced by a letter signed by the dean of the college to have completed sufficient clinical training as set forth in paragraph (A) of this rule.

Last updated September 8, 2023 at 2:27 PM

History

Effective: December 24, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4715-11-04.3 Examination of applicants.

(A) Each individual seeking to register with the board as an expanded function dental auxiliary must successfully pass the examination administered by the commission on dental testing in Ohio or an examination accepted by the board as an examination of competency to practice as an expanded function dental auxiliary.

(B) An examination may be accepted by the board only if the entity that administers the examination requires an individual to be one of the following as a condition of admission to the examination:

(1) An unlicensed dentist who has graduated from an accredited dental college, as specified in section 4715.10 of the Revised Code, and does not have a dental license under suspension or revocation by the board;

(2) A dental student who is enrolled in an accredited dental college, as specified in section 4715.10 of the Revised Code, and is considered by the dean of the college to be in good standing as a dental student;

(3) A graduate of an unaccredited dental college located outside the United States;

(4) A dental assistant who is certified by the dental assisting national board or the Ohio commission on dental assistant certification;

(5) A dental hygienist licensed under this chapter whose license is in good standing; or

(6) An unlicensed dental hygienist who has graduated from an accredited dental hygiene program, as specified in section 4715.21 of the Revised Code, and does not have a dental hygiene license under suspension or revocation by the board.

Last updated September 8, 2023 at 2:27 PM

History

Effective: December 24, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4715-11-04.4 Expanded function dental auxiliary; practice when the dentist is not physically present.

(A) Subject to the requirements set forth in paragraph (B) of this rule, an expanded function dental auxiliary may provide all of the following services to a patient when the supervising dentist is not physically present at the location where the services are provided:

(1) Application of pit and fissure sealants;

(2) Recementation of temporary crowns or recementation of crowns with temporary cement;

(3) Application of topical fluoride;

(4) Application of fluoride varnish;

(5) Application of disclosing solutions;

(6) Application of desensitizing agents;

(7) Caries susceptibility testing; and

(8) Instruction on oral hygiene home care, including the use of toothbrushes and dental floss.

(B) An expanded function dental auxiliary may provide the services in paragraph (A) of this rule for not more than fifteen consecutive business days to a patient when the supervising dentist is not physically present at the location at which the services are provided if all of the following requirements are met:

(1) The expanded function dental auxiliary has at least two years and a minimum of three thousand hours of experience practicing as an expanded function dental auxiliary. This experience shall be documented on a form supplied by the board, with any necessary supporting information attached, and the form shall be maintained in the facility(s) where the expanded function dental auxiliary is working.

(2) The expanded function dental auxiliary has successfully completed a course approved by the state dental board in the identification and prevention of potential medical emergencies. This board approved course shall be taken through a permanent sponsor, shall be at least four hours in duration, and shall include, at a minimum, the following topics:

(a) Medical history;

(b) Recognition of common medical emergency situations;

(d) Basic airway management;

(e) Prevention of emergency situations during dental appointments; and

(3) The supervising dentist has evaluated the expanded function dental auxiliary's skills and has made a determination that the expanded function dental auxiliary is competent to treat patients without the dentist being physically present. This determination shall be documented on a form supplied by the board, and the form shall be maintained at the facility(s) where the expanded function dental auxiliary is working.

(4) The supervising dentist examined the patient not more than one year prior to the date the expanded function dental auxiliary provides the services to the patient.

(5) The supervising dentist has established written protocols or written standing orders for the expanded function dental auxiliary to follow during and in the absence of an emergency.

(6) The supervising dentist completed and evaluated a medical and dental history of the patient not more than one year prior to the date the expanded function dental auxiliary provides services to the patient and the supervising dentist determines that the patient is in a medically stable condition.

(7) In advance of the appointment for dental services, the patient is notified that the supervising dentist will be absent from the location and that the expanded function dental auxiliary cannot diagnose the patient's dental health care status. This notification must be documented in the patient record.

(8) The expanded function dental auxiliary is employed by, or under contract with, one of the following:

(a) The supervising dentist;

(b) A dentist licensed under this chapter who is one of the following:

(i) The employer of the supervising dentist;

(ii) A shareholder in a professional association formed under Chapter 1785. of the Revised Code of which the supervising dentist is a shareholder;

(iii) A member or manager of a limited liability company formed under Chapter 1705. of the Revised Code of which the supervising dentist is a member or manager;

(iv) A shareholder in a corporation formed under division (B) of section 1701.03 of the Revised Code of which the supervising dentist is a shareholder;

(v) A partner or employee of a partnership or a limited liability partnership formed under Chapter 1775. or 1776. of the Revised Code of which the supervising dentist is a partner or employee.

(c) A government entity that employs the expanded function dental auxiliary to provide services in a public school or in connection with other programs the government entity administers.

(C) An expanded function dental auxiliary may apply pit and fissure sealants prior to a dentist examining the patient and rendering a diagnosis, and when a dentist is not physically present at the location where the service is provided, if all of the following are the case:

(1) All of the conditions specified in paragraph (B) of this rule have been satisfied, except for paragraphs (B)(4) and (B)(6) of this rule.

(2) The expanded function dental auxiliary is providing the service as part of a program operated through any of the following: a school district board of education or the governing board of an educational service center; the board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code; a national, state, district, or local dental association; or any other public or private entity recognized by the state dental board.

(3) A supervising dentist for the program described in paragraph (C)(2) of this rule meets both of the following conditions:

(a) Is employed by or a volunteer for, and the patients are referred by, the entity through which the program is operated;

(b) Is available for consultation by telephone, videoconferencing, or other means of electronic communication.

(4) The application of pit and fissure sealants is limited to erupted permanent posterior teeth without suspicion of dentinal cavitation.

If the patient is a minor, a parent, guardian, or other person responsible for the patient has been notified that a dentist will not be present at the location and that the expanded function dental auxiliary is not trained to diagnose or treat other serious dental concerns that could exist.

Last updated September 8, 2023 at 2:27 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-11-04.5 Proper placement of interim therapeutic restorations by an expanded function dental auxiliary.

An authorizing dentist may order an expanded function dental auxiliary to place interim therapeutic restorations as defined in division (A)(3) of section 4715.43 of the Revised Code. To place interim therapeutic restorations, the expanded function dental auxiliary must have completed the requirements set forth in paragraph (A) or (B) of this rule.

(A) The expanded function dental auxiliary has successfully completed a one-hour course in placement of therapeutic restorations dedicated solely to the proper placement of interim therapeutic restorations, and shall include both didactic education and clinical hands-on training as part of the curriculum. The course must be taken through a board-approved sponsor of continuing education as listed in rule 4715-8-02 of the Administrative Code, and shall, at a minimum, include the following:

(1) Biological background information, including, but not limited to, materials used in and the scientific basis for the proper placement of interim therapeutic restorations.

(2) Proper isolation and placement technique, including, but not limited to, the use of cotton rolls, iso-vac, or similar devices for maintaining a dry field.

(3) Knowledge of poor seal with interim therapeutic restorations, including, but not limited to, the consequences of a poor seal, leakage, and re-cavitation.

(4) Recognition and detection of dental caries that have been arrested.

(5) Replacement of the interim therapeutic restoration, including, but not limited to, the necessity of a new diagnosis by a dentist before reapplication.

(B) An expanded function dental auxiliary shall be exempt from the one-hour course provided in paragraph (A) of this rule for any of the following:

(1) The expanded function dental auxiliary holds a current license, registration, certificate, permit, or other credential issued by another state for the placement of interim therapeutic restorations if the training received is substantially equivalent, as determined by the board, to the required hour and content requirements of the course described in paragraph (A) of this rule;

(2) The expanded function dental auxiliary has completed the course requirements for interim therapeutic restorations as set forth in paragraph (A) of this rule within their educational program prior to obtaining registration; or

(3) The expanded function dental auxiliary has completed one hour of continuing education of didactic education and completes the clinical experience in the dental office in which the expanded function dental auxiliary is employed or serving an externship. The employing/supervising dentist must certify to the sponsor of the continuing education course that the clinical experience was completed to competency.

Last updated August 17, 2026 at 8:02 AM

History

Effective: August 17, 2026
Promulgated Under: 119.03

Ohio Adm.Code 4715-11-04.6 Application of silver diamine fluoride by an expanded function dental auxiliary.

An authorizing dentist may order an expanded function dental auxiliary to apply silver diamine fluoride. To apply silver diamine fluoride, the expanded function dental auxiliary must have completed the requirements set forth in paragraph (A) or (B) of this rule.

(A) The expanded function dental auxiliary has successfully completed a one-hour course dedicated solely to the application of silver diamine fluoride, which shall include both didactic education and clinical hands-on training as part of the curriculum. The course must be taken through a board-approved sponsor of continuing education as listed in rule 4715-8-02 of the Administrative Code, and shall, at a minimum, include the following:

(1) Biological background information, including, but not limited to, materials used in and the scientific basis for the application of silver diamine fluoride.

(2) Proper isolation and placement technique, including, but not limited to, the use of cotton rolls, iso-vac, or similar devices for maintaining a dry field.

(3) Knowledge of potential problems associated with silver diamine fluoride, including, but not limited to, staining, need for retreatment, and failure to arrest caries.

(4) Recognition and detection of dental caries that have been arrested.

(5) Reapplication of treatment, including, but not limited to, the necessity of a new diagnosis by a dentist before reapplication.

(B) An expanded function dental auxiliary shall be exempt from the one-hour course provided in paragraph (A) of this rule for any of the following:

(1) The expanded function dental auxiliary holds a current license, registration, certificate, permit, or other credential issued by another state for the application of silver diamine fluoride if the training received is substantially equivalent, as determined by the board, to the required hour and content requirements of the course described in paragraph (A) of this rule;

(2) The expanded function dental auxiliary has completed the course requirements for application of silver diamine fluoride as set forth in paragraph (A) of this rule within their educational program prior to obtaining licensure; or

Last updated August 17, 2026 at 8:02 AM

History

Effective: August 17, 2026
Promulgated Under: 119.03

Ohio Adm.Code 4715-11-05 Non-dental licensed healthcare provider; supervision.

(A) A licensed dentist may assign to non-dental healthcare providers under the dentists direct supervision and full responsibility those functions within the scope of their individual non-dental license when said functions are within the scope of dental practice and part of the delivery of dental care.

Last updated September 8, 2023 at 2:28 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-11-06 Non-delegable dental tasks and/or procedures.

The following dental tasks and/or procedures shall not be delegated by any licensed dentists:

(A) Definitive diagnosis and treatment planning.

(B) The final placement of any fixed or removable appliances.

(D) The therapeutic intra-oral adjustment of any fixed or removable appliance.

(E) Cutting procedures utilized in the preparation of the coronal or root portion of the tooth.

(F) Cutting procedures involving the supportive structures of the tooth.

(G) The placement of the final root canal filling.

(H) Final impressions of any tissue-bearing area, whether it be hard or soft tissue, upon which a prosthetic restoration is to be place. Taking of impressions for athletic mouthguards or similar appliances is not to be construed as a final impression.

(I) Occlusal registration procedures for any prosthetic restoration, whether it be fixed or removable.

(J) The final placement of prefabricated or cast restorations or crowns.

(K) Procedures utilizing light amplification by stimulated emission of radiation (LASER) technologies (excluding caries susceptibility testing devices).

(L) Any other dental tasks and/or procedures which are prohibited by law or agency 4715 of the Administrative Code.

Last updated September 8, 2023 at 2:28 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Chapter 4715-12 Dental Assistant Radiographer

Ohio Adm.Code 4715-12-01 Permissible practices of a dental x-ray machine operator; supervision required; certificate to be displayed.

(A) A dental x-ray machine operator may perform standard, diagnostic, radiologic procedures for the purpose of contributing to the provision of dental care to a dental patient.

(B) Except as provided in paragraph (C) of this rule, a dental x-ray machine operator may perform radiologic procedures only under the direct supervision of the supervising dentist.

(C) A dental x-ray machine operator may perform radiologic procedures for a patient when the supervising dentist is not physically present at the location where the radiologic procedures are performed if the supervising dentist examined the patient not more than one year prior to the date the dental x-ray machine operator performs the radiologic procedures and the supervising dentist has ordered the radiologic procedures.

(D) The original or copy of the certificate and/or renewal receipt card shall be displayed in a conspicuous place in the office wherein the dental assistant radiographer is employed and be made immediately available upon the request of an agent of the board.

Last updated September 8, 2023 at 2:35 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-12-02 Application for certificate; requirements; exceptions.

(A) Each person who desires to perform the duties of a dental x-ray machine operator shall file with the secretary of the state dental board a written application for a dental x-ray machine operator's certificate. Each applicant for a dental x-ray machine operator's certificate shall pay an application fee of thirty-two dollars. Each applicant shall furnish satisfactory proof of the following on a form prescribed and provided by the state dental board:

(1) Except as provided in paragraph (B) of this rule, he or she has completed a board-approved dental radiography training program presented by either of the following:

(a) An accredited educational institution or program; or

(b) A sponsor of continuing education as listed in paragraphs (A)(1) to (A)(10) of rule 4715-8-02 of the Administrative Code.

(B) A dental x-ray machine operator shall be exempt from the initial training requirements provided in paragraph (A) of this rule if any one of the following apply:

(1) They hold a current certification as an assistant which included required examination in radiography as a component from one of the following:

(a) "Dental Assisting National Board";

(b) "Ohio Commission on Dental Assistant Certification";

(2) They hold a current license or government certification as described in Chapter 4796. of the Revised Code issued by another state that issues a license or certification to engage in the operation of a dental x-ray machine; or

(3) They hold satisfactory work experience, or a private certification as described in Chapter 4796. of the Revised Code as a dental x-ray machine operator in a state that does not issue that license or certificate.

Last updated May 30, 2025 at 7:49 AM

History

Effective: May 30, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4715-12-03 Certificate renewal.

(A) Each person who is certified as a dental x-ray machine operator shall on or before the first day of January of each odd-numbered year, register with the state dental board. The registration shall be made on a form prescribed by the board, and shall include the certificate holder's name, address, certificate number, proof of having completed at least two hours of continuing education in radiation technology from a board-approved sponsor during the two-year period immediately preceding renewal, and such other reasonable information as the board may consider necessary, and shall include payment of a biennial registration fee of thirty-two dollars. This certificate shall be in effect for the two-year period beginning on the first day of January of the odd-numbered year, and ending on the last day of December of the following even-numbered year, and shall automatically expire if not renewed.

(B) Any dental x-ray machine operator whose certificate has expired under this rule must immediately cease taking x-rays until said certificate has been renewed.

Last updated May 30, 2025 at 7:49 AM

History

Effective: May 30, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4715-12-04 Accreditation of education programs; application; fee; suspension; revocation.

(A) Any sponsor as listed in paragraphs (A)(1) to (A)(10) of rule 4715-8-02 of the Administrative Code wishing to offer dental x-ray machine operator training must offer a curriculum of at least seven hours to include the following subjects:

(1) Radiation physics;

(2) Radiation biology;

(3) Radiation health, safety and protection;

(4) X-ray films and radiographic film quality;

(5) Radiographic techniques, processing and storage;

(6) Digital imaging, sensors, and data storage.

This curriculum may be presented as a correspondence course.

(B) Clinical experience making a variety of radiographs and radiographic surveys must be part of the course curriculum. The clinical experience must be completed within sixty days after completion of the seven subjects of the curriculum.

The clinical experience may be performed in the dental office in which the dental assistant is employed or is serving an externship. The employing/supervising dentist must certify to the sponsor of the dental x-ray machine operator training program that the clinical experience was completed.

(C) Sponsors wishing to obtain accreditation of radiologic education programs must apply on a form prescribed and provided by the state dental board, and must submit a fee of sixty-seven dollars and fifty cents.

(D) All programs submitted will be reviewed by the board. The accreditation or approval shall be valid until surrendered by the program, or suspended or revoked by the board. A program's accreditation or approval may be suspended or revoked if the program does not comply with applicable requirements of the Revised Code or state dental board rules.

Last updated May 30, 2025 at 7:50 AM

History

Effective: May 30, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4715-12-05 Continuing education requirements.

(A) Every person certified to practice as a dental x-ray machine operator and required to register with the state dental board shall provide proof to the board at the time of applying for a renewal of registration that in the preceding two years the registrant has completed a minimum of two hours of continuing education in dental radiation technology. Certification shall be made upon the application for registration prescribed by the board pursuant to section 4715.53 of the Revised Code.

(B) Continuing education programs may be developed and offered to dental x-ray machine operators by sponsors as listed in paragraph (A) of rule 4715-8-02 of the Administrative Code.

(C) Continuing radiation technology programs include, but are not limited to, programs that address any of the following:

(1) Radiation physics;

(2) Radiation biology;

(3) Radiation health, safety and protection;

(4) X-ray films and radiographic film quality;

(5) Radiographic techniques, processing and storage;

(6) Digital imaging, sensors, and data storage.

(D) A dental x-ray machine operator shall retain in his or her records for a period of at least four years such receipts, vouchers, or certificates as may be necessary to document completion of continuing education programs. With cause, the board may request such documentation from dental x-ray machine operators, and the board may request such documentation from dental x-ray machine operators at random without cause.

(E) Failure to comply with the requirements of this rule constitutes a failure to renew registration pursuant to section 4715.53 of the Revised Code.

Last updated May 30, 2025 at 7:50 AM

History

Effective: May 30, 2025
Promulgated Under: 119.03

Chapter 4715-13 Advertising

Ohio Adm.Code 4715-13-01 Public announcements, publicity, advertising and solicitation.

Definitions: Only for the purposes of rules 4715-13-01 to 4715-13-04 of the Administrative Code, the term "dental organization" shall include, but not be limited to, any person licensed under Chapter 4715. of the Revised Code, dental group, dental corporation, dental association, dental partnership, or dental management company.

(A) In order to facilitate the process of informed selection of a dentist by potential consumers of dental services, the holder of a license or certificate issued under this chapter (licensee), or dental organization, in accordance with section 4715.30 of the Revised Code, and the rules and regulations of the Ohio state dental board, may publish advertising statements in print media, or broadcast advertising over FCC-approved radio or television, or via the internet. Each different media advertisement shall be maintained by the advertising licensee or dental corporation for a period of two years and shall be kept in the dental facility and be made available within twenty-four hours upon request by an authorized agent of the state dental board. Broadcast advertising may be communicated to the public only over FCC-approved radio or television. Broadcast advertisements shall be prerecorded, and approved for broadcast by the advertising licensee or dental corporation. Licensees are prohibited from advertising in any manner which is not available on similar terms to all licensees or dental corporations.

(B) A licensee or dental organization may use or participate in the use of professional office cards, professional announcement cards, internet notices, office signs, signs designating location, letterheads, and similar professional notices, or devices, only if such cards, signs, letterheads, notices and devices are presented in a dignified professional manner. No licensee or dental organization may engage in, or knowingly authorize others to engage in, face-to-face, telephone, or internet solicitations involving undue influence, overreaching, misrepresentation, invasion of the privacy of the lay solicitee, or unreasonable lay interference in the dentist-patient relationship, either in the office or outside the office. No solicitor may make any statements as to the quality of services rendered by the licensee or dental organization unless such solicitor has the educational background and expertise of the licensee or dental organization, and then only in a general sense. Any personal references to the quality of services of others is strictly prohibited. Reasonably dignified and reasonably restrained face-to-face, telephone, or internet solicitations which concur with acceptable community standards of good taste, and which do not involve undue influence, overreaching, misrepresentation, invasions of the privacy of the lay solicitee, or unreasonable interference in the dentist-patient relationship are permissible.

(D) All advertising statements in print, broadcast and/or internet form must include the first and last name of the owner(s) of the dental practice as defined in paragraph (A) of rule 4715-13-02 of the Administrative Code or the first and last name of the dentist(s) as defined in paragraph (C) of rule 4715-13-02 of the Administrative Code. Such owner dentist(s) is responsible for all advertising as it relates to his dental practice.

History

Effective: July 6, 2006
Promulgated Under: 119.03

Ohio Adm.Code 4715-13-02 Name under which practice may be conducted.

(A) A dentist may only practice or offer to practice dentistry under his or her name or one of the following entities, provided the name of the entity includes the name of the dentist currently practicing or offering to practice dentistry:

(1) A corporation-for-profit formed under Chapter 1701. of the Revised Code,

(2) A professional association formed under Chapter 1785. of the Revised Code,

(3) A professional partnership formed under Chapter 1775. of the Revised Code,

(4) A limited liability company formed under Chapter 1705. of the Revised Code.

All trade names, fictitious names and the like, shall include the name of the owner dentist(s) consistent with the provisions of this rule.

(B) Any dental practice as described in paragraph (A) of this rule, shall have the first and last name of all dentists currently practicing or offering to practice dentistry therein, including degree conferred (i.e. D.D.S., D.M.D.), prominently displayed at the front or main entrance of such business, office or facility.

(C) Only names of licensed dentists currently practicing or offering to practice dentistry therein shall be included in the name, sign, or identification of the entity. Deceased or retired dentists' names may not be included in the name of the entity.

(D) Any entity wherein dentistry is offered and/or being performed shall have a licensed dentist in charge of the dental facility at each place of business. Such licensed dentist in charge of the dental facility shall notify the board within ten days of assuming such responsibility.

(E) Specialists are required to list their American dental association recognized specialty directly after or below his or her name.

Last updated December 6, 2023 at 1:07 PM

History

Effective: May 5, 2008
Promulgated Under: 119.03

Ohio Adm.Code 4715-13-03 False, fraudulent, or misleading statements.

The following statements or similar words or phrases are prohibited:

(A) False statements that a specified number of patients have received services from a certain licensee.

(B) False statements regarding superior outcomes achieved for patients by a certain licensee.

(C) Statements that a certain dentist is a specialist, or specializes in any branch of dentistry or limits his practice to any branch of dentistry or area of practice, or is a diplomate, or is an orthodontist, oral and maxillofacial surgeon, periodontist, pediatric dentist, endodontist, prosthodontist, oral pathologist, or public health dentist, or any other similar statement which implies that the dentist is a specialist or limits his practice unless such dentist shall have complied with the provisions of rule 4715-5-04 of the Administrative Code;

(D) The statement that a "nurse" and/or "dental nurse" is in attendance, unless such nurse is a graduate licensed and registered nurse;

(E) A statement by a general dentist which lists or otherwise announces that the dentist renders specific types of services unless the statement also includes the phrase "General Dentist" at least as prominently as the list of announcement of specific types of services and shall be directly after or below his name (i.e John Doe, D.D.S., general dentist).

History

Effective: July 6, 2006
Promulgated Under: 119.03

Ohio Adm.Code 4715-13-04 Statements tending to deceive or mislead the public.

All dental advertising, or solicitation, or testimonial endorsement statements which tend to deceive or mislead the public are prohibited.

(A) The following advertising, or solicitation, or testimonial endorsement statements are prohibited:

(1) Statements which falsely indicate the number of years in practice, or the number of years in practice in one location, of any licensee;

(2) Statements which misname any anesthetic, drug formula, material, or medicine, by not accurately stating the generic or brand name of such substances;

(3) Statements which misrepresent the anesthetic, drug formula, material, or medicine, actually administered by a dentist or other qualified licensee;

(4) Statements which misname any dental method or system;

(5) Statements which misrepresent any dental method or dental system actually employed by a dentist or other qualified licensee;

(6) The retention in or about the office or building of a sign or signs of a former dentist, owner, or occupant, for a period longer than ninety days. The owner dentist has ninety days from the date of change in employment to make all necessary changes to signs as necessary and warranted.

(7) Statements on letterhead, business cards, brochures, or other advertisements indicating that a retired, deceased, or other dentist formerly affiliated with the dental practice is still actively practicing dentistry with the dental practice.

(8) Advertisements, announcements, and/or promotions in any form, for dental services placed under a heading in a telephone book or similar publication that is a specialty recognized by the American dental association when the dentist is not a recognized specialist in that area.

(9) Advertisements, announcements, and/or promotions in any form, for dental services placed under a heading in a telephone book or similar publication for a dental service not recognized as a specialty by the American dental association.

(B) The state dental board, based on its expertise in regulating the dental profession, has identified certain statements which are likely to mislead the layman who is the target of dental advertising, solicitation, or testimonial endorsements.

(C) Any licensee who violates any provision of rule 4715-13-01, 4715-13-03 or 4715-13-04 of the Administrative Code shall be subject to dental board discipline under Chapter 4715. of the Revised Code.

Last updated December 6, 2023 at 1:07 PM

History

Effective: May 5, 2008
Promulgated Under: 119.03

Ohio Adm.Code 4715-13-05 Advertising specialty services.

With regard to the advertising of specialty dental services all of the following shall apply:

(A) A dentist who is recognized as a specialist in Ohio must avoid any implication that general dentists associated with him or her in practice are specialists.

(B) In a multidisciplinary practice, it is required that any advertisements indicate the services being provided by each practitioner in the office.

(C) The use of the terms "specialist" or "specializes" or the terms "orthodontist", "oral and maxillofacial surgeon", "oral and maxillofacial radiologist", "periodontist", "pediatric dentist", "prosthodontist", endodontist", "oral pathologist", or "public health dentist" or other similar terms which imply that the dentist is a specialist may only be used by licensed dentists meeting the requirements of paragraph (B) of rule 4715-5-04 of the Administrative Code.

(D) The term "diplomate" may only be used by a licensed dentist who has successfully completed the qualifying examination of the appropriate certifying board of one or more of the specialties recognized by the American dental association, except that a licensed dentist who has been granted diplomate status by a bona fide national organization which is not recognized as a certifying board by the American dental association, but grants diplomate status based upon the dentist's postgraduate education, training, experience, and an oral and written examination based upon psychometric principles, may use the term "diplomate" if the following disclaimer appears in a reasonably clear and visible manner compared to the announcement of the diplomate status: "the (insert the name of organization granting diplomate status) is not recognized as a specialty board by the Ohio state dental board or the American dental association."

(E) A general dentist is not prohibited from announcing to the public that the dentist renders specific types of services, including, but not limited to, specialty services, and that the announcement does not contain words or phrases which are otherwise prohibited by this rule.

(F) Terms that indicate that the practitioner is a specialist, for which no American dental association recognized specialty exists, are prohibited. Terms referring to areas of practice are permitted, so long as all other provisions of the rules regarding advertising and specialty designation are adhered to.

Last updated December 6, 2023 at 1:08 PM

History

Effective: December 22, 2016
Promulgated Under: 119.03

Chapter 4715-14 Military Service Members or Veterans

Ohio Adm.Code 4715-14-01 Processing applications from service members, veterans, or spouses of service members or veterans.

(A) The board shall include questions on all applications for licensure, permit, certification, or registration, or renewal of licensure, permit, certification, or registration that inquire as to whether the applicant is:

(1) A service member;

(2) A veteran; or

(3) The spouse or surviving spouse of a service member or veteran.

(B) If the applicant responds affirmatively to any of the questions discussed in paragraph (A) of this rule, the board shall:

(1) Route the application to a board staff member who is responsible for monitoring the application and communicating with the applicant regarding the status of the application, including informing the applicant of any documentation needed for the board to process the application;

(2) Expedite the processing of the application, even if the application was received later in time than other applications that are pending processing;

(3) Provide information to applicants if the applicant or their spouse will be imminently deployed, regarding available fee and continuing education waivers;

(4) Request that the applicant submit documentation to the board demonstrating that the applicant is a service member, veteran, or spouse or surviving spouse of a service member or veteran; and

(5) Track, on an annual basis, the total number of applications submitted by service members, veterans, or spouses or surviving spouses of service members or veterans, and the average number of business days expended by the board to process applications.

(1) A copy of a document issued by the armed forces showing the applicant is a service member or veteran, or that the applicant's spouse was a service member or veteran; and

(2) If the applicant is a spouse or surviving spouse of a service member or veteran, a copy of a document showing that the applicant and the service member or veteran are spouses according to the law of any state or country.

Last updated September 8, 2023 at 2:36 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-14-02 Fee waivers available to service members, veterans, or spouses of services members or veterans.

(A) A licensed dentist, who submits a renewal application on April first or later, or whose license lapsed, due to the licensee's service in the armed forces, shall be eligible for renewal and reinstatement without payment of the late application fee required by division (C)(3) of section 4715.14 of the Revised Code, and the reinstatement fee required by division (C)(5) of section 4715.14 of the Revised Code, if the following are met:

(1) The licensee presents the board with satisfactory evidence that, not more than six months prior to the date the evidence is submitted to the board, the licensee was honorably discharged or separated under honorable conditions;

(2) The licensee is not suffering a mental or physical impairment that may affect the individual's ability to provide safe care; and

(3) The licensee meets the requirements for license or certificate renewal required by sections 4715.14 and 4715.141 of the Revised Code.

(B) A licensed dentist, who submits a renewal application on April first or later, or whose license lapsed, due to the licensee's spouse's service in the armed forces, shall be eligible for renewal and reinstatement without payment of the late application fee required by division (C)(3) of section 4715.14 of the Revised Code, and the reinstatement fee required by division (C)(5) of section 4715.14 of the Revised Code, if the following are met:

(1) The license holder presents the board with satisfactory evidence that the licensee did not renew their license because their spouse's military service caused them to be absent from the state of Ohio;

(2) The license holder presents the board with satisfactory evidence that, not more than six months prior to the date the evidence is submitted to the board, the licensee's spouse was honorably discharged or separated under honorable conditions; and

(3) The license holder meets the requirements for license renewal required by sections 4715.14 and 4715.141 of the Revised Code.

(C) A licensed dental hygienist, who submits a renewal application on January first or later, or whose license lapsed, due to the holder's service in the armed forces, shall be eligible for renewal and reinstatement without payment of the late application fee required by division (B) of section 4715.24 of the Revised Code, and the reinstatement fee required by division (A) of section 4715.24 of the Revised Code, if the following are met:

(1) The license holder presents the board with satisfactory evidence that, not more than six months prior to the date the evidence is submitted to the board, the license holder was honorably discharged or separated under honorable conditions;

(2) The license holder is not suffering a mental or physical impairment that may affect the individual's ability to provide safe care; and

(3) The license holder meets the requirements for license renewal required by sections 4715.24, 4715.25, and 4715.251 of the Revised Code.

(D) A licensed dental hygienist, who submits a renewal application on January first or later, or whose license lapsed, due to the licensee's spouse's service in the armed forces, shall be eligible for renewal and reinstatement without payment of the late application fee required by division (B) of section 4715.24 of the Revised Code, and the reinstatement fee required by division (B) of section 4715.24 of the Revised Code, if the following are met:

(3) The license holder meets the requirements for license renewal required by sections 4715.24, 4715.25, and 4715.251 of the Revised Code.

(E) A dental x-ray machine operator, who submits a renewal application on January first or later, or whose certificate expired, due to the holder's service in the armed forces, shall be eligible for renewal if the following are met:

(1) The certificate holder presents the board with satisfactory evidence that, not more than six months prior to the date the evidence is submitted to the board, the certificate holder was honorably discharged or separated under honorable conditions;

(2) The certificate holder is not suffering a mental or physical impairment that may affect the individual's ability to provide safe care; and

(3) The certificate holder meets the requirements for certificate renewal required by section 4715.53 of the Revised Code.

(F) A dental x-ray machine operator, who submits a renewal application on January first or later, or whose certificate lapsed, due to the holder's spouse's service in the armed forces, shall be eligible for renewal if the following are met:

(1) The certificate holder presents the board with satisfactory evidence that the certificate holder did not renew their certificate because their spouse's military service caused them to be absent from the state of Ohio;

(2) The certificate holder presents the board with satisfactory evidence that, not more than six months prior to the date the evidence is submitted to the board, the certificate holder's spouse was honorably discharged or separated under honorable conditions; and

(3) The certificate holder meets the requirements for certificate renewal required by section 4715.53 of the Revised Code.

(G) A registered expanded function dental auxiliary, who submits a renewal application on January first or later, or whose registration lapsed, due to the holder's service in the armed forces, shall be eligible for renewal if the following are met:

(1) The registration holder presents the board with satisfactory evidence that, not more than six months prior to the date the evidence is submitted to the board, the registration holder was honorably discharged or separated under honorable conditions;

(2) The registration holder is not suffering a mental or physical impairment that may affect the individual's ability to provide safe care; and

(3) The registration holder meets the requirements for registration renewal required by section 4715.63 of the Revised Code.

(H) A registered expanded function dental auxiliary, who submits a renewal application on January first or later, or whose registration lapsed, due to the holder's spouse's service in the armed forces, shall be eligible for renewal if the following are met:

(1) The registration holder presents the board with satisfactory evidence that the registration holder did not renew their registration because their spouse's military service caused them to be absent from the state of Ohio;

(2) The registration holder presents the board with satisfactory evidence that, not more than six months prior to the date the evidence is submitted to the board, the registration holder's spouse was honorably discharged or separated under honorable conditions; and

(3) The registration holder meets the requirements for registration renewal required by section 4715.63 of the Revised Code.

Last updated September 8, 2023 at 2:36 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-14-03 Military duty time extension and factors to be considered.

(A) Upon receipt of an application from a licensed dentist, dental hygienist, dental x-ray machine operator, or expanded function dental auxiliary registration holder that is accompanied by proper documentation certifying that the individual has been called to active duty during a current or prior reporting period, and certifying the length of that active duty, the individual shall receive an extension of the current continuing education reporting period equal to the total number of months spent in active duty during the current reporting period. For purposes of this rule, any portion of a month served on active dury shall be considered one full month.

(B) In determining whether the requirements of this chapter are met, the board shall consider relevant education, training, or service completed by a licensee, permit, certificate or registration holder as a member of the armed forces.

Last updated September 8, 2023 at 2:36 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Chapter 4715-15 Enforcement; Hearings

Ohio Adm.Code 4715-15-01 Enforcement.

Dentists and other licensees governed by Chapter 4715. of the Revised Code, and by Chapter 4715. of the Administrative Code, shall be disciplined in accordance with Chapters 4715. and 119. of the Revised Code, for violation of this chapter and statutes.

Last updated September 8, 2023 at 2:36 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-15-02 Representatives; appearances; communications; applicability.

(A) As used in Chapter 4715. of the Administrative Code, "respondent" shall be defined as the person who is requesting or has requested a hearing as provided in Chapter 119. of the Revised Code.

(B) The respondent may represent himself or may be represented by an attorney admitted to the practice of law in Ohio. If the respondent does represent himself, he shall be deemed the representative of record for purposes of Chapter 4715. of the Administrative Code.

(C) The respondent is not required to personally appear at any hearing unless he has been subpoenaed, to appear by a party of record. The respondent can authorize his representative to represent him in all facets of a hearing before the board unless he has been subpoenaed to appear by a party of record.

(D) The respondent or his representative may present his position, arguments, or contentions in writing rather than personally appearing at any hearing provided the respondent has not been subpoenaed.

(E) The representative of record for the respondent shall enter his appearance in writing.

(F) The representative of record from the office of the attorney general shall enter his appearance in writing.

(G) One who has entered an appearance as representative remains the representative of record unless and until a written withdrawal is filed with the state dental board.

(H) Except as otherwise provided under Chapter 119. of the Revised Code, communications from the board or its attorney hearing examiner shall be sent to the representative of record.

(I) The members of the dental board shall base their decisions on any matter subject to hearing only on the evidence of record. No information acquired by a member of the dental board in any way other than by review of the evidence of record shall be considered by such member in that member's decision on a matter subject to hearing. The receipt of information about a matter subject to hearing outside the evidence of record shall not disqualify the member from participating in the decision on that matter unless the member excuses himself or herself from participation in the decision on the ground that he or she cannot restrict his or her decision on the matter only to the evidence of record.

(J) Except as otherwise provided under this chapter or by statute, no attorney hearing examiner or member of the state dental board shall initiate or consider ex parte communications concerning a pending or impending adjudicatory proceeding. Nothing contained herein, however, shall preclude the attorney hearing examiner from nonsubstantative ex parte communications on procedural matters and matters affecting the efficient conduct of adjudicatory hearings.

(K) The attorney hearing examiner and members of the state dental board shall disclose on the record the source and substance of any ex parte or attempted ex parte communications. That disclosure shall be made at the earliest possible opportunity, but at least prior to deliberation on a pending or impending adjudicatory proceeding.

(L) Except as otherwise provided under this chapter or by statute, a rule promulgated under this chapter shall apply only to those administrative proceedings for which the notice of opportunity for hearing was mailed to respondent, or his representative, on or after the effective date of the particular rule.

(M) Any provision of the rules in this chapter which references the attorney hearing examiner shall apply to the board in those instances in which the administrative hearing is conducted before the board, rather than an attorney hearing officer, unless such rule by its nature is clearly inapplicable.

(N) If any provision of the rules in this chapter is held or if the application of any provision of the rules in this chapter to any person or circumstance is held invalid, the invalidity does not affect any other provision of the rules in this chapter, or the application of any other provision of the rules in this chapter, that can be given effect without the invalid provision or application, and, to this end, the provisions of the rules in this chapter are hereby declared severable.

Last updated September 8, 2023 at 2:36 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-15-03 Filing request for hearing.

(A) In order to request a hearing under Chapter 119. of the Revised Code, a respondent or his representative must, in accordance with rule 4715-15-09 of the Administrative Code, file in writing a statement requesting such adjudication hearing within thirty days of the date of mailing of the board's notice of opportunity for hearing, or the date of personal service. The date of mailing shall be the date appearing on the certified mail receipt.

(B) A respondent or his representative properly filing a request for an adjudication hearing shall be entitled to such adjudication hearing within fifteen days but not sooner than seven days after such request has been filed unless both representatives agree otherwise or a continuance is granted pursuant to section 119.09 of the Revised Code and rule 4715-15-07 of the Administrative Code.

Last updated September 8, 2023 at 2:37 PM

History

Effective: April 2, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4715-15-04 Authority and duties of attorney hearing examiners.

(A) Adjudication hearings may be conducted before an attorney hearing examiner pursuant to Chapters 4715. and 119. of the Revised Code.

(B) All hearings shall be open to the public, but the hearing examiner conducting a hearing may close the hearing to the extent necessary to protect compelling interests and rights or to comply with statutory requirements. In the event the hearing examiner determines to close the hearing, the hearing examiner shall state the reasons therefor in the public record.

(C) The hearing examiner shall conduct hearings in such a manner as to prevent unnecessary delay, maintain order, and ensure the development of a clear and adequate record.

(D) The authority of the attorney hearing examiner shall include, but not be limited to, authority to:

(1) Administer oaths and affirmations;

(2) Order issuance of subpoenas and subpoenas duces tecum to require the attendance of witnesses at hearings and depositions in lieu of live testimony at hearing and to require the production of evidence for hearings and depositions;

(3) Examine witnesses and direct witnesses to testify;

(4) Make rulings on the admissibility of evidence;

(5) Make rulings on procedural motions, whether such motions are oral or written;

(6) Hold prehearing and status conferences pursuant to rules 4715-15-19 and 4715-15-20 of the Administrative Code;

(7) Request briefs before, during or following the hearing, as well as suggested findings, orders, and conclusions of law within such time limits as the attorney hearing examiner may determine;

(8) Prepare entries, findings, orders, or reports and recommendations pursuant to rule 4715-15-16 of the Administrative Code;

(9) Request preparation of entries, findings, or orders;

(10) Make rulings on requests to broadcast, record, televise or photograph the hearing;

(11) Take such other actions as may be necessary to accomplish the purposes of paragraph (C) of this rule;

(12) Determine the order in which any hearing shall proceed.

(E) The authority of the attorney hearing examiner shall not include authority to:

(1) Grant motions for dismissal of charges;

(2) Modify, compromise, or settle charges or allegations.

(F) The attorney hearing examiner shall have such other powers, duties, and authority as are granted by statutes or rules.

(G) All rulings on evidence and motions and on any other procedural matters shall be subject to review by the board upon presentation of the proposed findings of facts and conclusions of law of the attorney hearing examiner. When such rulings warrant, the matter may be remanded to the attorney hearing examiner.

Last updated September 25, 2025 at 8:43 AM

History

Effective: November 10, 2000
Promulgated Under: Ch 119.

Ohio Adm.Code 4715-15-05 Consolidation.

Upon motion by any representative of record, the attorney hearing examiner may consolidate two or more hearings into a single hearing.

Last updated September 25, 2025 at 8:44 AM

History

Effective: November 10, 2000
Promulgated Under: Ch 119.

Ohio Adm.Code 4715-15-06 Intervention.

Petitions to intervene shall not be permitted.

Last updated September 25, 2025 at 8:44 AM

History

Effective: November 10, 2000
Promulgated Under: Ch 119.

Ohio Adm.Code 4715-15-07 Continuance of hearing.

(A) The board shall initially continue a hearing upon its own motion for a period of not less than thirty days, in order to more efficiently and effectively conduct its business unless the circumstances establish that a continuance would not serve the interest of justice.

(B) The attorney hearing examiner may continue a hearing upon the motion of a representative of record.

(C) Hearings shall not be continued upon motion by a representative unless a showing of reasonable cause and proper diligence is presented. Before granting any continuance, consideration shall be given to harm to the public which may result from delay in proceedings. In no event will a motion for a continuance by a representative, requested less than five days prior to the scheduled date of the hearing, be granted unless it is demonstrated that an extraordinary situation exists which could not have been anticipated and which would justify the granting of a continuance.

(D) No continuance of an adjudicatory hearing under division (E) or (F) of section 4715.30 of the Revised Code shall be granted without the written agreement of the respondent or his representative and the board.

(E) If a continuance is granted, the attorney hearing examiner shall immediately establish a new hearing date, unless circumstances prohibit.

(F) Hearings may be continued due to the unavailability of a subpoenaed witness at the discretion of the attorney hearing examiner. The attorney hearing examiner may hold the record open to accept a deposition in lieu of live testimony of a subpoenaed witness. The procedures set forth in rule 4715-15-21 of the Administrative Code shall apply to any deposition taken pursuant to this rule.

(G) No adjudication hearing shall be continued for more than ninety days for the purpose of exchanging witness or document lists to the extent provided in rule 4715-15-17 of the Administrative Code unless the board or attorney hearing examiner finds in writing that such exchange was diligently pursued but was not completed due to the unusual circumstances of the case.

Last updated September 25, 2025 at 8:45 AM

History

Effective: November 10, 2000
Promulgated Under: Ch 119.

Ohio Adm.Code 4715-15-08 Motions.

(A) Except as otherwise provided under Chapter 4715-15 of the Administrative Code or Chapter 119. of the Revised Code, all motions, unless made upon the record at the hearing, shall be made in writing. A written motion shall state with particularity the relief or order sought, shall be accompanied by a memorandum setting forth the grounds therefor, and shall be filed in compliance with rule 4715-15-09 of the Administrative Code. A proposed entry may accompany any motion. All motions except for motions for continuance and those motions filed subsequent to the close of the hearing shall be made no later than fourteen days before the date of hearing unless express exception is granted by the attorney hearing examiner or by this chapter.

(B) All motions, together with supporting documentation, if any, shall be served as provided in rule 4715-15-10 of the Administrative Code.

(C) Within ten days after service of a written prehearing motion, or such other time as is fixed by the attorney hearing examiner, a response to that motion may be filed. A movant may reply to a response only with the permission of the attorney hearing examiner.

(D) Before ruling upon a written motion, the attorney hearing examiner shall consider all memoranda and supporting documents filed. The attorney hearing examiner shall enter a written ruling and shall issue copies to the representatives as identified under rule 4715-15-02 of the Administrative Code. The ruling on all oral motions made at hearing shall be included in the record except where the attorney hearing examiner elects to take the motion under advisement and issue a written ruling at a later time. The attorney hearing examiner shall include in each written ruling on a motion a short statement of the reasons therefor.

(E) Except as otherwise provided in this chapter or Chapter 119. of the Revised Code, rulings on all substantive motions filed subsequent to the issuance of the report and recommendation shall be rendered by the board, and rulings on all procedural motions may be rendered by the secretary acting on its behalf.

Last updated September 25, 2025 at 8:45 AM

History

Effective: November 10, 2000
Promulgated Under: Ch 119.

Ohio Adm.Code 4715-15-09 Filing.

(A) A document is "filed" when it is received and time stamped in the offices of the state dental board during normal business hours. The burden of ensuring that the document(s) is properly filed is borne by the party filing the document(s).

(B) An original of any document required to be filed by Chapter 4715-15 of the Administrative Code shall be filed with the state dental board not more than three days after service.

(C) All motions and briefs shall contain the name, address, and telephone number of the person submitting the motion or brief and shall be appropriately captioned to indicate the name of the respondent.

Last updated March 4, 2026 at 9:11 AM

History

Effective: November 10, 2000
Promulgated Under: Ch 119.

Ohio Adm.Code 4715-15-10 Service on parties.

(A) Any document required by Chapter 4715-15 of the Administrative Code to be served by a representative of record may be served either personally, by mail, by facsimile, or electronic mail.

(B) Service is complete on the date of mailing, or on personal service of the document, or the date of facsimile or electronic mail was sent. Any facsimile or electronic mail sent after five p.m. will be deemed served on the next business day.

(C) A motion shall be considered by the board or its attorney hearing examiner only if a certificate of service appears on it. Any signed statement is an acceptable certificate of service so long as it contains all of the following information:

(1) Date of service;

(2) Method by which service was made;

(3) Address where service was made; and

(4) Name of the person or authority who was served.

Last updated September 8, 2023 at 2:41 PM

History

Effective: April 2, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4715-15-11 Computation and extension of time.

(A) The date of occurrence of the event causing time to run is not counted in the computation of any time limit under Chapter 4715-15 of the Administrative Code. The last day of the period is included in the computation of the time limit. If the last day of a period is not a regular business day, the time period runs through the end of the next regularly scheduled business day.

(B) The board or its attorney hearing examiner may extend the time for filing or responding to motions and briefs.

(1) Requests for extension of time shall be made in writing and filed as provided in rule 4715-15-09 of the Administrative Code prior to the expiration of any applicable time limit.

(2) Requests for extension of time shall be served as provided in rule 4715-15-10 of the Administrative Code.

Last updated September 25, 2025 at 8:46 AM

History

Effective: November 10, 2000
Promulgated Under: Ch 119.

Ohio Adm.Code 4715-15-12 Notice of hearings.

Notice specifying the date, time and place set for hearing shall be mailed by certified mail to the representatives, of record, except that notice of changes to the date, time or place set for hearing shall be mailed by regular mail or facsimile if a representative of each party participated in the selection of the new date, time or place.

Last updated September 8, 2023 at 2:42 PM

History

Effective: April 2, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4715-15-13 Transcripts.

(A) Duplicate transcripts of the stenographic record taken of hearings may be obtained directly from the court reporter at the requestor's expense prior to receipt of the original transcript by the board.

(B) Upon request made to the board, a copy of original transcripts may be reviewed at the board office or signed out for a period of forty-eight hours. Additional copies may be prepared at the requestor's expense.

Last updated September 25, 2025 at 8:46 AM

History

Effective: November 10, 2000
Promulgated Under: Ch 119.

Ohio Adm.Code 4715-15-14 Subpoenas for purposes of hearing.

(A) Upon written request of either party, the board shall issue subpoenas for purposes of hearing to compel the attendance and testimony of witnesses and production of books, records and papers at the administrative hearing. Each subpoena shall indicate on whose behalf the witness is required to testify. Copies of such subpoenas shall be provided to each representative of record.

(B) For purposes of a hearing conducted pursuant to Chapter 119. of the Revised Code, subpoena requests shall specify the name and address of the individual to be served and the date, time and location the individual is to appear at the administrative hearing. If the subpoena includes a duces tecum request, the specific documents or tangible things to be produced at the administrative hearing shall be listed in the request.

(C) Except upon leave of the board or its attorney hearing examiner, subpoena requests are to be filed with the board as provided in rule 4715-15-09 of the Administrative Code at least fourteen days in advance of the requested date of compliance in order to allow sufficient time for preparation and service of the subpoenas.

(D) In the event that the number of subpoenas requested appears to be unreasonable, the board or its attorney hearing examiner may require a showing of necessity therefore, and, in the absence of such showing, may limit the number of subpoenas. Absent such a limitation, subpoenas shall be issued within five days of request. Failure to issue subpoenas within this time may constitute sufficient grounds for the granting of a continuance.

(E) After the hearing has commenced, the board or its attorney hearing examiner may order the issuance of subpoenas for purposes of hearing to compel the attendance and testimony of witnesses and production of books, records and papers. Copies of such subpoenas shall be issued to each representative of record.

(F) Upon motion and for good cause, the board or its attorney hearing examiner may order any subpoena be quashed. Motions to quash shall be made in the manner provided in rules 4715-15-08 and 4715-15-09 of the Administrative Code, except that motions to quash shall be filed at least five days prior to the date of compliance. The non-moving party may file a response no later than four days after service of the motion to quash or at least one day prior to the date of compliance whichever is earlier. Unless a motion to quash has been granted, a witness shall attend the hearing to which he was subpoenaed. The board shall make a reasonable attempt to contact any witness whose subpoena has been quashed.

(G) Witnesses shall not be subpoenaed to prehearing conferences.

Last updated September 8, 2023 at 2:42 PM

History

Effective: April 2, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4715-15-15 Mileage reimbursements and witness fees.

(A) Mileage shall be paid in the same manner set forth in Chapter 119. of the Administrative Code.

(B) The respondent shall not subpoena himself.

Last updated September 8, 2023 at 2:42 PM

History

Effective: April 2, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4715-15-16 Reports and recommendations.

(A) Within thirty days following the close of an adjudication hearing conducted pursuant to Chapter 119. of the Revised Code, the attorney hearing examiner shall submit a written report setting forth proposed findings of fact and conclusions of law and a recommendation of the action to be taken by the board. Any requests by the attorney hearing examiner to extend the time to file the report must be submitted within twenty-five days of the close of the hearing record. Such request shall be ruled upon by the secretary of the board or in the absence of the secretary, by the board executive director. The hearing shall not be considered closed until such time as the record is complete, as determined by the attorney hearing examiner.

(B) A copy of such written report shall be issued to each representative of record. The copy issued to the respondent's representative of record shall be accompanied by notice of the date the report and recommendation is to be considered by the board.

(C) Either representative of record may, within ten days of his receipt of the attorney hearing examiner's report and recommendation, file written objections to the report and recommendation. Only those objections filed in a timely manner shall be considered by the board before approving, modifying, or disapproving the attorney hearing examiner's recommendation unless otherwise determined by the board.

(D) Upon written request, the board may grant extensions of the time within which to file objections to the report and recommendations. In the event that the board is not in session, the secretary of the board may grant such extensions.

(E) The board shall consider the attorney hearing examiner's report and recommendation and any objections thereto at its next regularly scheduled meeting after the time for filing objections has passed. At that time, the board may order additional testimony to be taken or permit the introduction of further documentary evidence, or act upon the report and recommendation. For purposes of taking such additional testimony or documentary evidence, the board may remand to the attorney hearing examiner.

(F) Any motion to reopen the hearing record for purposes of introducing newly discovered material evidence that with reasonable diligence could not have been discovered and produced at the hearing shall be filed in the manner provided in rules 4715-15-08 and 4715-15-09 of the Administrative Code. Such motion to reopen shall be filed not later than ten days prior to the scheduled consideration by the board of the attorney hearing examiner's report and recommendation and any objections thereto. If such motion is filed prior to the issuance of the attorney hearing examiner's report and recommendation, the attorney hearing examiner shall rule on the motion. If such motion is filed subsequent to the issuance of the attorney hearing examiner's report and recommendation, the board shall rule upon the motion.

(G) Without leave of the board, the respondent or any representative of record shall not be permitted to address the board at the time of consideration of the attorney hearing examiner's report and recommendation. Any request for such leave shall be filed by motion no less than five days prior to the date the report and recommendation is to be considered by the board and shall be served upon the representative of record.

(H) If a request to address the board is granted, the opposing representative may also address the board.

Last updated September 8, 2023 at 2:42 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-15-17 Exchange of documents and witness lists.

(A) Any representative of record may serve upon the opposing representative of record a written request for a list of both the witnesses and the documents intended to be introduced at hearing. Within twelve days of service of that request, the opposing representative shall provide a response to the requesting representative. All final lists requested under this rule shall be exchanged no later than thirty days prior to the commencement of the administrative hearing, unless leave from the attorney hearing examiner has been obtained.

(B) Failure without good cause to comply with paragraph (A) of this rule may result in exclusion from the hearing of such testimony or documents, upon motion of the representative to whom disclosure is refused.

Last updated September 8, 2023 at 2:43 PM

History

Effective: April 2, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4715-15-18 Requirements for pre-hearing exchange of information.

The attorney hearing examiner shall, upon written motion of any representative of a party, issue an order setting forth a schedule by which the parties shall simultaneously exchange hearing exhibits, identify lay and expert witnesses and exchange written reports from expert witnesses. Any witness including the respondent, identified as, or wishing to testify as an expert witness, shall prepare and file an expert report that sets forth the opinions to which the expert will testify and the bases for such opinions. The failure of a party to produce a written report from an expert in accordance with this rule or under the terms of the hearing examiner's order may result in the exclusion of that expert's testimony at hearing. The failure of a party to produce an exhibit under the terms of the attorney hearing examiner's order may result in the exclusion of that exhibit from evidence. The failure of a party to identify a lay or expert witness under the terms of the hearing examiner's order may result in the exclusion of that witness' testimony at hearing.

Last updated September 8, 2023 at 2:43 PM

History

Effective: April 2, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4715-15-19 Prehearing conferences.

(A) The attorney hearing examiner shall, upon request of either party, schedule a prehearing conference. Further, the attorney hearing examiner may direct participation by the representatives of record in a prehearing conference. Such conference may be initiated by the attorney hearing examiner, or upon motion of either representative.

(B) Prehearing conferences may be held for the following purposes:

(1) Identification of issues;

(2) Obtaining stipulations and admissions;

(3) Agreements limiting the number of witnesses;

(4) Discussion of documents, exhibits, and witness lists;

(5) Estimating the time necessary for hearing;

(6) Discussion of any other matters tending to expedite the proceedings.

(C) All representatives of record shall attend the prehearing conference fully prepared to discuss the items enumerated in paragraph (B) of this rule.

(D) Procedural orders may be issued by the attorney hearing examiner based upon information obtained at a prehearing conference.

Last updated September 25, 2025 at 8:47 AM

History

Effective: November 10, 2000
Promulgated Under: Ch 119.

Ohio Adm.Code 4715-15-20 Status conference.

With or without written motion from the representative of any party, the attorney hearing examiner may convene a status conference with representatives of the parties to address any matter related to preparation for hearing or the conduct of a hearing. The attorney hearing examiner may issue such orders related to preparation for hearing and the conduct of the hearing which in the judgment of the attorney hearing examiner facilitate the just and efficient disposition of the subject of the hearing.

Last updated September 25, 2025 at 8:47 AM

History

Effective: November 10, 2000
Promulgated Under: Ch 119.

Ohio Adm.Code 4715-15-21 Depositions in lieu of testimony at hearing and transcripts of prior testimony for submission at hearing.

(A) Upon written motion of any representative of record, and upon service of that motion to all other representatives, the attorney hearing examiner may order that the testimony of a witness be taken by deposition in lieu of live testimony under such conditions and terms as the attorney hearing examiner shall set, and that any designated books, papers, documents or tangible objects, not privileged, be produced at the same time and place if it appears probable that:

(1) The witness will be unavailable to attend or will be prevented from attending a hearing; and

(2) The testimony of the witness is material; and

(3) The testimony of the witness is necessary in order to prevent a failure of justice.

In the case of an expert witness, a showing of the unavailability of the expert shall not be necessary for the attorney hearing examiner's consideration of the motion of a representative to take a deposition in lieu of live testimony.

(B) The representatives shall agree to the time and place for taking the deposition in lieu of live testimony. Depositions shall be conducted in the same county in which the hearing is conducted unless otherwise agreed to by the representatives. If the representatives are unable to agree, the attorney hearing examiner shall set the time or fix the place of deposition. At a deposition taken pursuant to this rule, representatives shall have the right, as at hearing, to fully examine witnesses. The attorney hearing examiner has the discretion to be present at the deposition in lieu of testimony at hearing.

(C) A deposition taken under this rule shall be filed with the board not later than one day prior to hearing, and shall be offered into evidence at hearing by the representative requesting the deposition, in lieu of the witness' live testimony at hearing. The cost of preparing a transcript of any testimony taken by deposition in lieu of live testimony shall be borne by the board. In the event of appeal, such costs shall be made a part of the cost of the hearing record. The expense of any video deposition shall be borne by the requestor.

(D) Any deposition or transcript of prior testimony of a witness may be used for the purpose of refreshing the recollection, contradicting the testimony or impeaching the credibility of that witness. If only a part of a deposition of prior testimony is offered into evidence by a representative, the opposing representative may offer any other part. Nothing in this paragraph shall be construed to permit the taking of depositions for purposes other than those set forth in paragraph (A) of this rule.

A transcript of testimony and exhibits from a prior proceeding may be introduced for any purpose if that prior proceeding forms the basis for the allegations in the current case. Upon offering part of a transcript or exhibit from a prior proceeding, the offering representative may be required by the opposing representative to present any other part of the offered item which should in fairness be considered contemporaneously with it.

Last updated September 25, 2025 at 8:48 AM

History

Effective: November 10, 2000
Promulgated Under: Ch 119.

Ohio Adm.Code 4715-15-22 Prior action by the state dental board.

The attorney hearing examiner shall admit evidence of any prior action entered by the Ohio state dental board against the respondent, including formal disciplinary action or warning letters.

Last updated September 25, 2025 at 8:48 AM

History

Effective: November 10, 2000
Promulgated Under: Ch 119.

Ohio Adm.Code 4715-15-23 Stipulation of facts.

Representatives of record may, by stipulation, agree on any or all facts involved in proceedings before the attorney hearing examiner. The attorney hearing examiner may thereafter require development of any fact deemed necessary for just adjudication.

Last updated September 25, 2025 at 8:48 AM

History

Effective: November 10, 2000
Promulgated Under: Ch 119.

Ohio Adm.Code 4715-15-24 Witnesses.

(A) All witnesses at any administrative hearing or during any deposition in lieu of live testimony at hearing pursuant to rule 4715-15-21 of the Administrative Code shall testify under oath or affirmation.

(B) A witness may be accompanied and advised by legal counsel. Participation by counsel for a witness other than the respondent is limited to protection of that witness' rights, and that legal counsel may neither examine nor cross-examine any witnesses.

(C) Should a witness refuse to answer a question ruled proper at a hearing or disobey a subpoena, the state dental board may institute contempt proceedings pursuant to section 119.09 of the Revised Code.

(D) The presiding attorney hearing examiner, because of his duties, shall not be a competent witness nor subject to deposition in any adjudication proceeding. Unless the testimony of a board member or an attorney hearing examiner is material to the factual allegations set forth in the notice of opportunity for hearing, board members and attorney hearing examiners shall not be competent witnesses nor subject to deposition in lieu of live testimony in any adjudication proceeding. Former board members shall not be competent witnesses nor subject to deposition in any adjudication proceeding in cases wherein the former board member had personal knowledge of the case or were privy to or ascertained information while serving as a board member. Evidence from other persons relating to the mental processes of the presiding attorney hearing examiner or board members shall not be admissible.

(E) If the attorney hearing examiner/board member intends to serve as a witness, he/she shall recuse him/herself from presiding over, deliberating on, or ruling on the matter.

(F) Any representative of record may move for a separation of witnesses. Expert witnesses shall not be separated.

(G) Each representative of record at a hearing shall inform the attorney hearing examiner of the identity of each potential witness for his case present in the hearing room. Failure to so identify potential witnesses may be grounds for their later disqualification as witnesses.

(H) No witnesses shall be permitted to testify as to the nature, extent, or propriety of disciplinary action to be taken by the board. A witness may, in the discretion of the attorney hearing examiner, testify as to an ultimate issue of fact.

Last updated September 8, 2023 at 2:48 PM

History

Effective: April 7, 2005
Promulgated Under: 119.03

Ohio Adm.Code 4715-15-25 Conviction of a crime.

A certified copy of a plea of guilty to, or a judicial finding of guilt of any crime in a court of competent jurisdiction is conclusive proof of the commission of all of the elements of that crime.

Last updated September 25, 2025 at 8:49 AM

History

Effective: November 10, 2000
Promulgated Under: Ch 119.

Ohio Adm.Code 4715-15-26 Evidence.

The Ohio rules of evidence may be taken into consideration by the board or its attorney hearing examiner in determining the admissibility of evidence, but shall not be controlling.

The board or attorney hearing examiner may permit the use of electronic or photographic means for the presentation of evidence.

Last updated September 18, 2024 at 8:33 AM

History

Effective: September 18, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4715-15-27 Broadcasting and photographing administrative hearings.

If the attorney hearing examiner determines that broadcasting, televising, recording or taking of photographs in the hearing room would not distract participants or impair the dignity of the proceedings or otherwise materially interfere with the achievement of a fair administrative hearing, the broadcasting, televising, recording or taking of photographs during hearing proceedings open to the public may be permitted under the following conditions and upon request:

(A) Requests for permission for the broadcasting, televising, recording or taking of photographs in the hearing room shall be made in writing to the attorney hearing examiner at least seven days prior to the scheduled commencement of the hearing, and shall be made a part of the record of the proceedings;

(B) Permission is expressly granted prior to commencement of the hearing in writing by the attorney hearing examiner and is made a part of the record of the proceedings;

(C) If the permission is granted, the attorney hearing examiner shall specify the place or places in the hearing room where operators and equipment are to be positioned;

(D) The filming, videotaping, recording or taking of photographs of witnesses who object thereto shall not be permitted.

Last updated September 8, 2023 at 2:49 PM

History

Effective: April 7, 2005
Promulgated Under: 119.03

Ohio Adm.Code 4715-15-28 Reinstatement of license or certificate.

Any disciplinary action taken by the board pursuant to section 4715.30 of the Revised Code which results in suspension from practice shall either lapse by its own terms or contain a written statement of the conditions under which the license or certificate may be reinstated.

Such conditions may include but are not limited to:

(A) Submission of a written application for reinstatement;

(B) Payment of all appropriate fees as provided in Chapter 4715. of the Revised Code;

(D) Additional education or training;

(E) Reexamination;

(F) Practice limitations;

(G) Participation in counseling programs;

(H) Demonstration that the licensee can resume practice in compliance with acceptable and prevailing standards.

(I) Satisfactory completion of all terms, conditions or limitations placed upon the licensee through a board approved consent agreement or adjudication order.

Last updated September 25, 2025 at 8:49 AM

History

Effective: November 10, 2000
Promulgated Under: Ch 119.

Chapter 4715-17 Notice of Meetings

Ohio Adm.Code 4715-17-01 Notice of regular and special meetings of the Ohio state dental board.

(A) A notice of regular and special meetings of the Ohio state dental board which will include the time, place and purpose of such meeting may be obtained by written request, from the executive director of the "Ohio State Dental Board, 77 South High Street, 17th floor, Columbus, Ohio 43215-6135," or by telephoning (614) 466-2580, or by e-mailing the request to dental.board@den.ohio.gov.

(B) Any person may obtain reasonable advance written notification of meetings of the board by requesting to be placed on a general subscription mailing list by paying an annual subscription mailing fee of fourteen dollars. A check for this amount made payable to the treasurer, state of Ohio, should be sent to the "Ohio State Dental Board, 77 South High Street, 17th floor, Columbus, Ohio 43215-6135." This subscription will be valid for one year from the date of receipt of such fee by the Ohio state dental board, or notification may be received by providing the board with a self-addressed stamped envelope suitable for such purpose. Any person may obtain reasonable advance written notification of meetings of the board by requesting to be placed on an e-mail notification list at no cost by providing the executive secretary with an e-mail address suitable for such purposes.

(C) The board shall maintain a list of news media which have requested notification, and such media shall be given at least twenty-four hours advance notice of each special meeting of the board, except in the event of an emergency requiring immediate official action. In the event of an emergency, the executive director, on behalf of the members of the board calling the meeting, shall immediately notify the news media that have requested notification of the time, place and purpose of the meeting.

Last updated September 8, 2023 at 2:49 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Chapter 4715-18 Foreign Dental Graduates

Ohio Adm.Code 4715-18-01 Application for licensure of graduates of unaccredited dental colleges located outside the United States.

(A) To be granted a license to practice dentistry in this state, a graduate of an unaccredited dental college located outside the United States shall file an application with the state dental board. The application shall be on a form prescribed by the board and verified by oath. Each applicant shall furnish satisfactory proof to the board that the applicant has met all of the following requirements:

(1) A passing score of at least seventy-five per cent on either the "Test Of English as a Foreign Language" (TOEFL) or the "English Language Service Test." This requirement may be waived by the board at its discretion;

(2) Be at least eighteen years of age;

(3) Be of good moral character;

(4) Have passed parts I and II of the examination given by the national dental examiners or the Integrated national board.

(5) Have passed a written jurisprudence examination administered by the state dental board under division (F)(2) of section 4715.03 of the Revised Code.

(6) Have taken and received a passing score from a basic science and laboratory examination as established by paragraph (B) of this rule.

(7) Have successfully completed a minimum of two years of clinical training in general dentistry in one of the following:

(a) A General practice residency (GPR) program from an accredited institution; or

(b) An Advanced education in general dentistry (AEGD) program from an accredited institution.

(8) Have met any one of the following requirements:

(a) Have taken an examination administered by any of the following regional testing agencies and received on each component of the examination a passing score as specified in division (A) of section 4715.11 of the Revised Code: the central regional dental testing service, inc., the northeast regional board of dental examiners, inc., the southern regional dental testing agency, inc. or the western regional examining board;

(b) Possess a license in good standing from another state and have actively engaged in the legal and reputable practice of dentistry in another state or in the armed forces of the United States, the United States public health service, or the United States department of veterans' affairs for five years immediately preceding application.

(B) The basic science and laboratory examination required by paragraph (A)(6) of this rule must be provided by an accredited institution and examine at a minimum competency in providing oral health care within the scope of general dentistry for children, adolescent, adult, geriatric and medically compromised patients including; but not limited to, the following:

(1) Patient assessment and diagnosis;

(2) Comprehensive treatment planning;

(3) Health promotion and disease prevention;

(4) Informed consent;

(5) Anesthesia, and pain and anxiety control;

(6) Restoration of teeth;

(7) Replacement of teeth;

(8) Periodontal therapy;

(9) Pulpal therapy;

(10) Oral mucosal disorders;

(11) Hard and soft tissue surgery;

(12) Dental emergencies;

(13) Malocclusion and space management;

(14) Evaluation of the outcomes of treatment; and

(15) Appropriate life support measures for medical emergencies.

(C) If an application made pursuant to this rule has been denied, a hearing shall be afforded in compliance with Chapter 119. of the Revised Code, upon request of the person whose application for such license has been denied.

(D) Once an application made pursuant to this rule has been denied, and the order of denial not appealed pursuant to section 119.12 of the Revised Code, or has been appealed pursuant to section 119.12 of the Revised Code, and upheld by the judiciary, the applicant shall not be permitted to reapply for licensure under this rule, but may seek licensure after having graduated from an accredited dental college as defined by division (B) of section 4715.10 of the Revised Code.

Last updated April 15, 2024 at 1:32 PM

History

Effective: February 4, 2019
Promulgated Under: 119.03

Chapter 4715-19 Accessing Confidential Personal Information

Ohio Adm.Code 4715-19-01 Personal information systems.

(A) The executive director of the board shall be directly responsible for the personal information system maintained by the board.

(B) The board shall discipline any employee who initiates or otherwise contributes to any disciplinary or other punitive action taken against another individual who brings to the attention of the appropriate authorities, the press, or a member of the public, any evidence of unauthorized use of any material contained in the personal information system.

(C) The board shall maintain its personal information system with the accuracy, relevance, timeliness, and completeness necessary to assure fairness in any determination made by the board that is based on information contained in the system.

(D) The board shall investigate, upon request, the accuracy, relevance, timeliness, and completeness of the personal information which is disputed by the subject of a record contained in its personal information system and report its findings to the disputant within thirty days after receipt of the request.

(E) The board shall not place personal information into an interconnected or combined system unless said system contributes to the efficiency of other agencies or organizations authorized by law to use the system.

(F) The board shall not use any personal information placed into an interconnected or combined system by another state or local board or an organization unless the personal information is necessary and relevant to the performance of a lawful function of the board.

Last updated September 8, 2023 at 2:50 PM

History

Effective: October 5, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4715-19-02 Procedures for accessing personal information.

(A) Personal information systems of the board are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of the board to fulfill his or her job duties. The determination of access to confidential personal information shall be approved by the employee's supervisor and the information owner prior to providing the employee with access to confidential personal information within a personal information system. The board shall establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties including, but not limited to, transfer or termination. Whenever an employee's job duties no longer require access to confidential personal information in a personal information system, the employee's access to confidential personal information shall be removed.

(B) Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the board, the board shall do all of the following:

(1) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information;

(2) Provide to the individual the list of confidential personal information that does not relate to an investigation about the individual or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and

(3) If all information relates to an investigation about that individual, inform the individual that the board has no confidential personal information about the individual that is responsive to the individual's request.

(C) Upon discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, the board shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the board shall delay notification for a period of time necessary to ensure that the notification would neither delay or impede an investigation of the circumstances and involvement of an employee surrounding the invalid access, nor jeopardize homeland or national security. Additionally, the board may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information invalidly was accessed, and to restore the reasonable integrity of the system. Once the board determines that notification would not delay or impede an investigation, the board shall disclose the access to confidential personal information made for an invalid reason to the person. Notification provided by the board shall inform the person of the type of confidential personal information accessed and the date(s) of the invalid access, and may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

(D) The board executive director shall designate an employee of the board to serve as the data privacy point of contact. The data privacy point of contact shall work with the chief privacy officer within the office of information technology to assist the board with both implementation of privacy protections for the confidential personal information that the board maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter.

(E) The board executive director shall designate an employee of the board to serve as the data privacy point of contact who shall timely complete the privacy impact assessment form developed by the office of information technology.

Last updated September 8, 2023 at 2:50 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-19-03 Valid reasons for accessing confidential personal information.

(A) Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the board's exercise of its powers or duties, for which only employees of the board may access confidential personal information (CPI) regardless of whether the personal information is a manual system or computer system.

(B) Any of the following functions normally performed by the board constitute valid reasons for authorized employees of the board to access confidential personal information:

(1) Responding to a public records request;

(2) Responding to a request from an individual for the list of CPI the board maintains on that individual;

(3) Administering a constitutional provision or duty;

(4) Administering a statutory provision or duty;

(5) Administering an administrative rule provision or duty;

(6) Complying with any state or federal program requirements;

(7) Processing or payment of claims or otherwise administering a program with individual participants or beneficiaries;

(8) Auditing purposes;

(9) Licensure [or permit, eligibility, filing, etc.] processes;

(10) Investigation or law enforcement purposes;

(11) Administrative hearings;

(12) Litigation, complying with an order of the court, or subpoena;

(13) Human resource matters (e.g., hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, time card approvals,/issues);

(14) Complying with an executive order or policy;

(15) Complying with a board policy or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state board; or

(16) Complying with a collective bargaining agreement provision.

(C) In addition to the general processes described in paragraph (A) of this rule, in the following specific processes of the board, authorized board employees would have valid reasons for accessing CPI:

(1) Investigators, attorneys, and staff may review CPI of individuals who are subject to investigation for alleged midconduct which may result in discipline against a dentist, dental hygienist or dental assistant. These same employees may review CPI of individuals who are not the subject of the investigation, but may be witnesses with information related to the investigation. CPI may also be reviewed by these employees and members of the board in professional conduct matters which become the subject of adminstrative hearings.

(2) Board employees may review CPI of persons who hold or are applying for any license, limited license, permit, certificate or registration.

Last updated September 8, 2023 at 2:50 PM

History

Effective: October 5, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4715-19-04 Confidential information.

The following federal statutes or regulations or state statutes make personal information maintained by the board confidential and identify the confidential personal information within the scope of rules promulgated by this board in accordance with section 1347.15 of the Revised Code.

(A) Social security numbers: 5 U.S.C. 552a., unless the individual was told that the number would be disclosed.

(B) "Bureau of Criminal Investigation and Information" criminal records check results: section 4776.04 of the Revised Code.

(C) Medical records: section 149.43 of the Revised Code and Health Insurance Portability and Accountability Act, Title II 45 CFR 160, 42 USC 1320.

(D) College transcripts: Family Education Rights and Privacy Act, 34 CFR Part 99.

(E) Records excluded by the Ohio Public Records Act: section 149.43 of the Revised Code.

(F) Confidential information obtained during an investigation pursuant to section 4715.30 of the Revised Code.

(G) Confidential information obtained via the "Ohio Automated Rx Reporting System (OARRS).

Last updated September 8, 2023 at 2:50 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-19-05 Restricting and logging access to confidential personal information in computerized personal information systems.

(A) Access to confidential personal information that is kept electronically shall require a password or other authentication measure.

(B) When the board acquires a new computer system that stores, manages or contains confidential personal information, the board shall include a mechanism for recording specific access by employees of the board to confidential personal information in the system.

(C) When the board modifies an existing computer system that stores, manages or contains confidential personal information, the board shall make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system shall include a mechanism for recording specific access by employees of the board to confidential personal information in the system.

(D) The board shall require employees of the board who access confidential personal information within computer systems to maintain a log that records that access. Access to confidential information is not required to be entered into the log under the following circumstances:

(1) The employee of the board is accessing confidential personal information for official board purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(2) The employee of the board is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically name individuals.

(3) The employee of the board comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(4) The employee of the board accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(a) The individual requests confidential personal information about himself/herself.

(b) The individual makes a request that the board takes some action on that individual's behalf and accessing the confidential personal information is required in order to consider or process that request.

(5) For purposes of this paragraph, the board may choose the form or forms of logging, whether in electronic or paper formats.

(E) The board shall issue a log management policy that specifies the following:

(1) Who shall maintain the log;

(2) What information shall be captured in the log;

(3) How the log is to be stored; and

(4) How long information in the log is to be retained.

Last updated September 8, 2023 at 2:51 PM

History

Effective: October 5, 2010
Promulgated Under: 119.03

Chapter 4715-20 Patient and Personal Protection

Ohio Adm.Code 4715-20-01 Patient and personnel protection.

(A) Immunization - All dentists and dental health care workers must show evidence of immunity to or immunization against the hepatitis B virus as specified by board guidelines. Such immunization must begin prior to patient contact. Medical documentation must be maintained in the dental facility for each dentist and dental health care worker providing care in that facility. This medical documentation must be made available immediately upon request by an authorized agent of the state dental board.

(B) Hand hygiene:

(1) Hand hygiene methods and indications as recommended in table 2 of the United States department of health and human services, Centers for disease control and prevention's "Guidelines for infection control in Dental Health-Care Settings - 2003" must be utilized at all times, including, but not limited to:

(a) Before and/or after patient contact;

(b) Before glove placement and after glove removal;

(d) Before leaving the dental operatory or laboratory;

(e) After removing gloves that are torn, cut or punctured; and

(f) When hands are visibly soiled.

(2) Reference materials for paragraph (B)(1) of this rule may be found at the centers for disease control and prevention, 1600 Clifton Rd., Atlanta, GA 30333, U.S.A.; telephone: (404) 639-3311; public inquiries: (404) 639-3534 / (800) 311-3435; internet website address: www.cdc.gov.

(1) Gloves - All dentists and dental health care workers must wear disposable gloves whenever placing their fingers into the mouth of a patient, or when handling blood/saliva contaminated items, instruments and equipment. Disposable gloves shall not be washed and/or reused for any purpose. Overgloving between patients is not permitted.

(2) Face protection - Chin length face shields, or masks and eyewear with protective side shields must be worn by dentists and dental health care workers when spattering of blood or other body fluids is likely.

(D) Waiver - The board may waive the requirements set forth in paragraph (A) of this rule if the board determines that such waiver is justified based on medical documentation indicating that such immunization threatens their health and well being. Any board-approved waiver must be renewed according to the discretion of the board.

Last updated September 8, 2023 at 2:51 PM

History

Effective: May 22, 2009
Promulgated Under: 119.03

Ohio Adm.Code 4715-20-02 Sterilization and disinfection.

(A) Heat sterilization:

(1) Sterilization must be accomplished by an FDA-approved device or method, for example, autoclave, dry heat, or unsaturated chemical vapor.

(2) All high speed and surgical handpieces, low speed contra angles, prophy angles, and nose cones must be thoroughly cleaned prior to being subjected to heat sterilization between patients. Sterilization must be accomplished by an FDA-approved device or method.

(3) All instruments and all items that are able to withstand repeated exposure to heat must be thoroughly cleaned prior to being subjected to heat sterilization between patients. The following instruments and items (but not limited to) must be heat sterilized between patients:

(a) All hand and orthodontic instruments;

(b) All burs and bur changers, including contaminated laboratory burs and diamond abrasives;

(d) Air-water syringe tips;

(e) High-volume evacuator tips;

(f) Surgical instruments;

(g) Ultrasonic periodontal scalers and tips; and

(h) Electro-surgery tips;

(i) Metal impression trays; and

(j) Intra-oral radiographic equipment that can withstand heat sterilization.

(4) All heat sterilizing devices must be tested for proper function on a weekly basis by means of a biological monitoring system that indicates microorganism kill. The biological monitoring system used must include a control to verify proper microbial incubation. In the event of a positive biological spore test, the dentist must take immediate remedial action to ensure that heat sterilization is being accomplished.

(5) Biological monitoring documentation:

(a) In-office testing documentation - Documentation must be maintained in the form of a log reflecting dates, person(s) conducting the testing, and the results of the test capsule and control capsule.

(b) Independent testing documentation - Reports from the independent testing entity shall be used.

(c) Documentation of testing and repairs shall be maintained for a period of at least two years, and shall be maintained in the dental facility and be made immediately available upon request by an authorized agent of the state dental board.

(B) Chemical sterilization:

Instruments and items that cannot withstand heat sterilization must be subjected to a chemical sterilization process between patients, which is defined as use of a sterilant cleared by the FDA in a 510(k) in accordance with the manufacturer's instructions.

(1) Environmental surfaces that are contaminated by blood or saliva must be properly cleaned prior to disinfection. Disinfection must be accomplished with an appropriate disinfectant that is registered with the environmental protection agency and used in accordance with the manufacturer's instructions. The disinfection process must be followed between each patient.

(2) Impervious backed paper, aluminum foil or plastic wrap must be used to cover surfaces or items that may be contaminated by blood or saliva and that are difficult or impossible to disinfect. The cover must be removed, discarded and then replaced between patients.

(D) Single use items:

All single use or disposable items, labeled as such, used in patient treatment, or have come in contact with blood or saliva, must be discarded and not reused. Single use items include but are not limited to:

(1) Disposable needles and syringes;

(2) Local anesthetic carpules;

(3) Saliva ejectors, high volume evacuator tips, and air water syringe tips;

(4) Prophy angles, cups, and brushes;

(5) Polishing discs, cups, points;

(6) Fluoride trays; and

(7) Disposable impression trays.

(E) Dental laboratory items:

All items that have been placed in the mouth, or are otherwise contaminated with blood or saliva, must be thoroughly rinsed, placed in, and transported to the dental laboratory in an appropriate case containment device that is properly sealed and labeled.

Last updated July 18, 2024 at 9:11 AM

History

Effective: May 5, 2014
Promulgated Under: 119.03

Ohio Adm.Code 4715-20-03 Disposal of sharps.

All sharps items must be disposed of in containers specifically designed and manufactured for the management and/or disposal of sharps in accordance with the requirements established by board policy.

Last updated September 8, 2023 at 2:51 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Chapter 4715-21 Approval of Treatment Providers and Centers

Ohio Adm.Code 4715-21-01 Requirements for approval of treatment providers and treatment centers.

(A) The Ohio state dental board shall approve and designate qualified licensed practitioners as treatment providers and facilities as treatment centers for board licensees and/or permit holders with substance abuse problems.

(B) Any qualified licensed practitioner desiring to be approved as a treatment provider or facility desiring to be approved as a treatment center shall apply to the Ohio state dental board on an application provided by the board.

(C) The Ohio state dental board shall approve outpatient and inpatient facilities and subsequent post treatment services which meet the following criteria, unless the board determines that the facility is not providing substance abuse services acceptable to the board:

(1) The facility has provided adequate evidence that it is capable of making an initial inpatient examination to determine the type of treatment required for board licensees and/or permit holders with substance abuse problems; and,

(2) The facility is fully accredited by the "Joint Commission on Accreditation of Healthcare Organizations" (JCAHO), or the "American Osteopathic Association" (AOA), in the area of substance abuse services.

(D) The Ohio state dental board shall approve qualified licensed practitioners as treatment providers who hold clinical privileges in the area of substance abuse services at a facility which meets the criteria specified in paragraphs (C)(1) and (C)(2) of this rule. The qualified licensed practitioner shall provide evidence acceptable to the Ohio state dental board that any staff utilized in treatment shall be under the supervision of the qualified licensed practitioner.

(E) An approved treatment provider shall:

(1) Report to the Ohio state dental board the name of any board licensee and/or permit holder suffering or showing evidence of suffering inability to practice under accepted standards as described in division (A)(10) of section 4715.30 of the Revised Code who fails to comply within one week with a referral for examination;

(2) Report to the board the name of any impaired board licensee and/or permit holder who fails to enter treatment within forty-eight hours following the provider's determination that treatment is needed;

(3) Require every board licensee and/or permit holder who enters treatment to agree to a treatment contract establishing the terms of treatment and aftercare, including any required supervision or restrictions of practice during treatment or aftercare;

(4) Require a board licensee and/or permit holder to suspend practice on entering any required inpatient treatment;

(5) Report to the board any failure by an impaired board licensee and/or permit holder to comply with the terms of the treatment contract during inpatient or outpatient treatment or aftercare;

(6) Report to the board the resumption of practice of any impaired board licensee and/or permit holder before the treatment provider has made a clear determination that the individual is capable of practicing according to accepted standards of the profession;

(7) Require a board licensee and/or permit holder who resumes practice after completion of treatment to comply with an aftercare contract that meets the requirements of rules adopted by the board for approval of treatment providers; and,

(8) Report to the board any board licensee and/or permit holder who suffers a relapse at any time during or following aftercare.

(F) "Relapse" means a return to the pattern of impairment activities which affect the practitioner.

(G) The Ohio state dental board may withdraw the approval of any qualified licensed practitioner as a treatment provider or facility as a treatment center, if the board determines that the qualified licensed practitioner or facility does not meet the requirements of either paragraph (C)(1) or (C)(2) of this rule, or is not providing substance abuse services acceptable to the board.

(H) Each approved treatment provider or center shall immediately notify the Ohio state dental board of any of the following:

(1) Change in ownership of the facility;

(2) Loss of accreditation by the JCAHO or AOA, or any probationary status of such accreditation; or,

(3) Change in location of the facility.

Each approved qualified licensed practitioner shall immediately notify the Ohio state dental board of any reduction or termination or suspension of the clinical privileges specified in paragraph (D) of this rule, or if such privileges are negatively affected in any manner.

Failure to notify the Ohio state dental board as provided in this rule shall be cause of immediate withdrawal of approval as a treatment provider or center.

Last updated September 8, 2023 at 2:51 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Chapter 4715-22 Volunteer's Certificate

Ohio Adm.Code 4715-22-01 Volunteer's certificate issued to retired dentist or dental hygienist to provide free services to indigent and uninsured persons; immunity.

(A) Terms

(1) As used in this rule, "indigent and uninsured person" means a person who meets all of the following requirements:

(a) The person's income is not greater than two hundred per cent of the current poverty line as defined by the United States office of management and budget and revised in accordance with Section 673(2) of the "Omnibus Budget Reconciliation Act of 1981", 95 Stat. 511, 42 U.S.C. 9902, as amended.

(b) The person is not eligible to receive medical assistance under Chapter 5162. of the Revised Code, disability assistance medical assistance under Chapter 5115. of the Revised Code, or assistance under any other governmental health care program.

(i) The person is not a policy holder, certificate holder, insured, contract holder, subscriber, enrollee, member, beneficiary, or other covered individual under a health insurance or health care policy, contract, or plan.

(ii) The person is a policy holder, certificate holder, insured, contract holder, subscriber, enrollee, member, beneficiary, or other covered individual under a health insurance or health care policy, contract or plan, but the insurer, policy, contract, or plan denies coverage or is the subject of insolvency or bankruptcy proceedings in any jurisdiction.

(2) As used in this rule, "health care facility or location" means a hospital, clinic, ambulatory surgical facility, office of a health care professional or associated group of health care professionals, training institution for health care professionals, or any other place where medical, dental or other health-related diagnosis, care, or treatment is provided to a person.

(3) As used in this rule, "nonprofit health care referral organization" means an entity that is not operated for profit and refers patients to, or arranges for the provision of, health-related diagnosis, care, or treatment by a health care professional or health care worker.

(4) As used in this rule, "operation" means any procedure that involves cutting or otherwise infiltrating human tissue by mechanical means, including surgery, laser surgery, ionizing radiation, therapeutic ultrasound, or the removal of intraocular foreign bodies. "Operation" does not include the administration of medication by injection, unless the injection is administered in conjunction with a procedure infiltrating human tissue by mechanical means other than the administration of medicine by injection. "Operation" does not include routine dental restorative procedures, the scaling of teeth, or extractions of teeth that are not impacted.

(5) For purposes of this rule, a "health care worker" means a person other than a health care professional who provides medical, dental, or other health-related care or treatment under the direction of a health care professional with the authority to direct that individual's activities, including medical technicians, medical assistants, dental assistants, orderlies, aides, and individuals acting in similar capacities.

(6) For purposes of the rule, a "volunteer" means an individual who provides any medical, dental, or other health-related care or treatment without the expectation of receiving and without receipt of any compensation or other form of remuneration from an indigent and uninsured person, another person on behalf of an indigent and uninsured person, any health care facility or location, any nonprofit health care referral organization, or any other person or government entity.

(7) For the purposes of this rule, a person shall be considered "retired" from the practice of dentistry or dental hygiene if the person's license has been surrendered or allowed to expire with the intention of ceasing to practice as a dentist or dental hygienist for remuneration.

(B) Purpose

The state dental board may issue, without examination, a volunteer certificate to a person who is retired from practice so that the person may provide dental services to indigent and uninsured persons at nonprofit shelters or health care facilities.

(1) An application for a volunteer's certificate shall include all of the following:

(a) A copy of the applicant's degree from dental college or school or dental hygiene college or school.

(b) One of the following, as applicable:

(i) A copy of the applicant's most recent license to practice dentistry or dental hygiene issued by a jurisdiction in the United States that licenses persons to practice dentistry or dental hygiene.

(ii) A copy of the applicant's most recent license equivalent to a license to practice dentistry or dental hygiene in one or more branches of the United States armed services that the United States government issued.

(2) Evidence of one of the following, as applicable:

(a) The applicant has maintained for at least ten years prior to retirement full licensure in good standing in any jurisdiction in the United States that licenses persons to practice dentistry or dental hygiene.

(b) The applicant has practiced as a dentist or dental hygienist in good standing for at least ten years prior to retirement in one or more branches of the United States armed services.

(D) Restrictions

(1) The holder of a volunteer certificate may provide dental services only on the premises of a nonprofit shelter or health care facility and only to indigent and uninsured persons.

(2) The holder shall not accept any form of remuneration for providing dental services while in possession of the certificate.

(3) Except in a dental emergency, the holder shall not perform any operation.

(4) The board may revoke a volunteer certificate on receiving proof satisfactory to the board that the holder has engaged in practice in this state outside the scope of the holder's certificate or that there are grounds for action against the person under section 4715.30 of the Revised Code.

(E) Renewal

(1) A volunteer certificate shall be valid for a period of three years, and may be renewed upon the application of the holder, unless the certificate was previously revoked under paragraph (D) of this rule. The board shall maintain a register of all persons who hold volunteer certificates. The board shall not charge a fee for issuing or renewing a certificate pursuant to this rule.

(2) To be eligible for renewal of a volunteer certificate, the holder of the certificate shall certify to the board completion of sixty hours of continuing dental education that meets the requirements of section 4715.141 of the Revised Code and the rules adopted under that section, or completion of eighteen hours of continuing dental hygiene education that meets the requirements of section 4715.25 of the Revised Code and the rules adopted under that section, as the case may be. The board may not renew a certificate if the holder has not complied with the appropriate continuing education requirements. The nonprofit shelter or health care facility in which the holder provides dental or dental hygiene services may pay for or reimburse the holder for any costs incurred in obtaining the required continuing education credits.

(3) The board shall issue to each person who qualifies under this section for a volunteer certificate a wallet certificate and a wall certificate that state that the certificate holder is authorized to provide dental services pursuant to the laws of this state. The holder shall keep the wallet certificate on the holder's person while providing dental services and shall display the wall certificate prominently in the nonprofit shelter or health care facility where the holder primarily practices.

(F) Immunity

(1) The holder of a volunteer certificate issued pursuant to this rule is subject to the immunity provisions in section 2305.234 of the Revised Code.

(2) Subject to paragraphs (F)(5) and (F)(6)(c) of this rule, a dentist or dental hygienist who is a volunteer and complies with paragraph (F)(2)(a) of this rule is not liable in damages to any person or government entity in a tort or other civil action, including an action on a dental or other health-related claim, for injury, death, or loss to person or property that allegedly arises from an action or omission of the volunteer in the provision of dental services at a nonprofit shelter or health care facility to an indigent and uninsured person of dental care or treatment, including the provision of samples of medicine and other medical products, unless the action or omission constitutes willful or wanton misconduct.

(a) To qualify for the immunity described in paragraph (F)(1) of this rule, a dentist or dental hygienist shall do all of the following prior to providing diagnosis, care, or treatment:

(i) Determine, in good faith, that the indigent and uninsured person is mentally capable of giving informed consent to the provision of the diagnosis, care, or treatment and is not subject to duress or under undue influence;

(ii) Inform the person of the provisions of this rule, including notifying the person that, by giving informed consent to the provision of the diagnosis, care, or treatment, the person cannot hold the health care professional liable for damages in a tort or other civil action, including an action on a dental or other health-related claim, unless the action or omission of the health care professional constitutes willful or wanton misconduct;

(iii) Obtain the informed consent of the person and a written waiver, signed by the person or by another individual on behalf of and in the presence of the person, that states that the person is mentally competent to give informed consent and, without being subject to duress or under undue influence, gives informed consent to the provision of the diagnosis, care or treatment subject to the provisions of this rule. A written waiver under this paragraph shall state clearly and in conspicuous type that the person or other individual who signs the waiver is signing it with full knowledge that, by giving informed consent to the provision of the diagnosis, care, or treatment, the person cannot bring a tort or other civil action, including an action on a dental or other health-related claim, against the health care professional unless the action or omission of the health care professional constitutes willful or wanton misconduct.

(3) Subject to paragraphs (F)(5) and (F)(6)(c) of this rule, health care workers who are volunteers are not liable in damages to any person or government entity in a tort or other civil action, including an action upon a dental or other health-related claim, for injury, death, or loss to person or property that allegedly arises from an action or omission of the health care worker in the provision of dental services to an indigent and uninsured person of dental, or other health-related diagnosis, care, or treatment, unless the action or omission constitutes willful or wanton misconduct.

(4) Subject to paragraphs (F)(5) and (F)(6)(c) of this rule and to the extent that the registration requirements of section 3701.071 of the Revised Code apply, a health care facility or location associated with a dental or dental hygiene volunteer as described in paragraph (F)(2) of this rule or a health care worker as described in paragraph (A)(5) of this rule, or a nonprofit health care referral organization as described in paragraph (A)(3) of this rule is not liable in damages to any person or government entity in a tort or other civil action, including an action on a dental or other health-related claim, for injury, death, or loss to person or property that allegedly arises from an action or omission of the dentist or dental hygienist or worker or nonprofit health care referral organization relative to the shelter or facility, dental or other health-related diagnosis, care or treatment provided to an indigent and uninsured person on behalf of or at the health care facility or location, unless the action or omission constitutes willful or wanton misconduct.

(5) Exemptions to immunity

(a) Except as provided in paragraph (F)(5)(b) of this rule, the immunities provided by paragraphs (F)(1) to (F)(4) of this rule are not available to a health care professional, health care worker, nonprofit health care referral organization, health care facility or location if, at the time of an alleged injury, death, or loss to person or property, the health care professional or health care workers involved are providing one of the following:

(i) Any dental or other health-related diagnosis, care, or treatment pursuant to a community service work order entered by a court under division (B) of section 2951.02 of the Revised Code as a condition of probation or other suspension of a term of imprisonment or imposed by a court as a community control sanction pursuant to sections 2929.15 and 2929.17 of the Revised Code.

(ii) Performance of an operation to which any one of the following applies:

(a) The operation requires the administration of deep sedation or general anesthesia;

(b) The operation is a procedure that is not typically performed in an office;

(c) The individual involved is a health care professional, and the operation is beyond the scope of practice or the education, training, and competence, as applicable, of the health care professional.

(b) Paragraph (F)(5)(a) of this rule does not apply when a health care professional or health care worker provides, diagnosis, care or treatment that is necessary to preserve the life of a person in a medical emergency.

(6) Miscellaneous legal considerations regarding immunity

(a) This rule does not create a new cause of action or substantive legal right against a health care professional, health care worker, or nonprofit shelter or health care facility.

(b) This rule does not affect any immunities from civil liability or defenses established by another section of the Revised Code or available at common law to which a health care professional, health care worker, nonprofit health care referral organization, or health care facility or location may be entitled in connection with the provision of emergency or other diagnosis, care, or treatment.

(c) This rule does not grant an immunity from tort or other civil liability to a health care facility or location for actions that are outside the scope of authority of health care professionals, health care workers, or nonprofit health care referral organization.

(d) This rule does not affect any legal responsibility of a health care professional or health care worker to comply with any applicable law of this state or rule of an agency of this state.

(e) This rule does not affect any legal responsibility of a nonprofit shelter or health care facility to comply with any applicable law of this state, rule of an agency of this state, rule of an agency of this state, or local code, ordinance, or regulation that pertains to or regulates building, housing, air pollution, water pollution, sanitation, health, fire, zoning, or safety.

Last updated May 30, 2025 at 10:24 AM

History

Effective: May 30, 2025
Promulgated Under: 119.03

Chapter 4715-23 Teledentistry

Ohio Adm.Code 4715-23-01 Requirements for teledentistry permit.

(A) Each applicant for a teledentistry permit shall submit the statutory fee and an application to the board.

(1) On this application, the dentist applicant for a teledentistry permit shall state under oath whether:

(a) The applicant has read all laws and rules governing teledentistry in the state of Ohio, including but not limited to sections 4715.43 to 4715.437 of the Revised Code and this chapter of the Administrative Code.

(b) The applicant has the necessary equipment required to safely and securely deliver dental services through teledentistry, specifically regarding synchronous, real-time communication.

(c) The applicant has established all necessary policies, protocols, and orders to safely deliver dental services through teledentistry at all locations where dental services will be provided through teledentistry.

(d) The applicant's Ohio license to practice dentistry is in good standing.

(e) The license or registration of dental hygienists and expanded function dental auxiliaries who will provide dental services through teledentistry for the applicant are in good standing.

(f) Any dental hygienist or expanded function dental auxiliary who provides placement of interim therapeutic restorations and application of silver diamine fluoride, has completed the appropriate course prescribed by the board.

(g) The applicant understands that:

(i) The applicant retains responsibility for ensuring the safety and quality of services provided to patients through teledentistry,

(ii) Dental services delivered through teledentistry must conform to accepted standards for the profession, and

(iii) Persons involved with providing services through teledentistry must abide by laws addressing the privacy and security of the patient's dental and medical information as well as other information required to be kept confidential as required by law.

(2) The applicant shall provide on the application form the following information:

(a) Address where dental services will be provided through teledentistry.

(b) Name and license or registration number of each dental hygienist or expanded function dental auxiliary who will perform dental services through teledentistry when the dentist is not physically present and the location where they will provide these services.

(c) A description of all equipment used to establish and maintain synchronous, real-time communication during the provision of dental services through teledentistry. Any description must include manufacturer name and model number.

(B) Each holder of a teledentistry permit shall:

Before providing dental services through teledentistry, notify the Board via e-mail or regular U.S. mail within seven calendar days of:

(1) The address where dental services will be provided through teledentistry, if not included on permit application.

(2) Name and license or registration number of each dental hygienist and expanded function dental auxiliary who will perform dental services through teledentistry when the dentist is not physically present and the location where they will provide these services, if not included on permit application.

Last updated September 8, 2023 at 2:51 PM

History

Effective: May 30, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4715-23-03 Requirements for obtaining informed consent.

(A) When services are provided under a teledentistry permit and the patient is not examined in person by the authorizing dentist, informed consent must be obtained before the placement of interim therapeutic restorations or the application of silver diamine fluoride.

(B) To obtain informed consent, the authorizing dentist must:

(1) Determine that the patient is mentally capable of giving informed consent to the provision of the diagnosis, care, or treatment and is not subject to duress or under undue influence,

(2) Inform the patient that the authorizing dentist will perform a clinical evaluation and diagnosis of caries through teledentistry,

(3) For the application of silver diamine fluoride,

(a) Inform the patient of the potential for staining teeth by providing color photos of the result of application,

(b) Inform the patient that application is permanent and may only be reversed through loss or restoration of the tooth,

(d) Inform the patient that the treatment will require active monitoring and possible reapplication.

(4) Explain alternatives to, and the capabilities and limitations of, teledentistry,

(5) Explain that the patient may decline to receive services through teledentistry,

(6) Document in the patient record any discussion with the patient about teledentistry and whether informed consent was obtained, and

(7) Comply with the requirements set forth in division (B) of section 4715.431 of the Revised Code.

(C) If the patient is less than eighteen years of age, a parent or legal guardian must provide informed consent for the patient and meet the same requirements as provided in paragraph (B) of this rule.

Last updated September 8, 2023 at 2:52 PM

History

Effective: May 30, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4715-23-04 Procedures not permitted.

No authorizing dentist shall authorize a dental hygienist or expanded function dental auxiliary to provide a dental service or any other function prohibited by law or rule, including section 4715.435 of the Revised Code.

Last updated September 8, 2023 at 2:52 PM

History

Effective: May 30, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4715-23-05 Equipment requirements for teledentistry.

(A) All equipment used to provide dental services through teledentistry must comply with the Health Insurance Portability and Accountability Act (HIPAA), Health Information Technology for Economic and Clinical Health Act (HITECH), as well as all state and federal laws and regulations.

(B) Authorizing dentists providing dental services through teledentistry

(1) Are solely responsible for securing and protecting all patient records and data related to the provision of dental services through teledentistry, and

(2) Must take reasonable steps to prevent the compromise, breach, or theft of patient records or data related to the provision of dental services through teledentistry.

(C) Contingency plan - Authorizing dentists providing dental services through teledentistry must have a contingency plan established to:

(1) Refer patients to a local healthcare provider in the event of a dental emergency;

(2) Manage an interruption in connection or communication while providing dental services through teledentistry.

(D) Dedicated space - All equipment used for providing dental services through teledentistry must be utilized in a space dedicated to providing dental services through teledentistry. This space may also function as a space in which dental services are provided when the dentist is physically present.

(E) Encryption - Authorizing dentists must ensure that all data connections and storage (including cloud storage) used in the provision of dental services through teledentistry are encrypted.

(F) High definition intraoral camera High definition intraoral cameras must be used to provide dental services through teledentistry.

(G) Microphone - A microphone must be utilized to allow verbal communication between the dentist, patient, and staff during the provision of dental services through teledentistry.

(H) Digital x-ray machine - A digital x-ray machine capable of producing high definition images that can be immediately transmitted to the authorizing dentist during the patient's appointment must be available while providing dental and diagnostic services through teledentistry.

(I) Patient records - All patient records must be transmitted, transported, handled, stored, protected, and secured in compliance with HIPAA, HITECH, as well as all state and federal laws and regulations.

Last updated September 8, 2023 at 2:52 PM

History

Effective: May 30, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4715-23-06 Authorization.

(A) An authorizing dentist who is providing dental services through teledentistry may not at any time have more than a total of three dental hygienists and expanded function dental auxiliaries working under the dentist's authorization pursuant to section 4715.431 of the Revised Code. Because teledentistry requires synchronous, real-time communication, an authorizing dentist must remain attentive and available to attend to the health and safety of all patients regardless of whether the dentist is physically present or not physically present with the patient. If an authorizing dentist supervises any dental hygienist or expanded function dental auxiliary on the same day as the authorizing dentist authorizes any dental hygienist or expanded function dental auxiliary to provide dental services through teledentistry, the authorizing dentist should not have more than a total of:

(1) Four dental hygienists practicing clinical hygiene under the supervision of the authorizing dentist pursuant to section 4715.23 of the Revised Code or three dental hygienists providing dental services through teledentistry pursuant to section 4715.431 of the Revised Code.

(2) two expanded function dental auxiliaries practicing as expanded function dental auxiliaries under the supervision of the authorizing dentist pursuant to section 4715.64 of the Revised Code or three expanded function dental auxiliaries providing dental services through teledentistry pursuant to section 4715.431 of the Revised Code, except that the total number practicing under the supervision of the authorizing dentist pursuant to section 4715.64 of the Revised Code shall not exceed two.

(B) Nothing in this rule shall prohibit:

(1) Any dental hygienist to practice as a dental hygienist when the authorizing dentist is not physically present at the location where the dental hygienist is practicing, under section 4715.22 of the Revised Code,

(2) Any expanded function dental auxiliary to practice as an expanded function dental auxiliary when the authorizing dentist is not physically present at the location where the expanded function dental auxiliary is practicing, under section 4715.64 of the Revised Code,

(3) Any dental assistant or qualified personnel to practice as a dental assistant or qualified personnel when the authorizing dentist is not physically present at the location where the dental assistant or qualified personnel is practicing, under section 4715.39 of the Revised Code,

(4) Any dental x-ray machine operator to practice as a dental x-ray machine operator when the authorizing dentist is not physically present at the location where the dental x-ray machine operator is practicing, under section 4715.56 of the Revised Code, or

(5) Any dental hygienists to practice in accordance with a permit issued pursuant to section 4715.363 of the Revised Code authorizing practice under the oral health access supervision of a dentist.

Last updated September 8, 2023 at 2:52 PM

History

Effective: May 30, 2020
Promulgated Under: 119.03

Chapter 4715-30 Exemptions for Physicians and Surgeons

Ohio Adm.Code 4715-30-01 Exemption for physicians and surgeons.

Sections 4715.01 to 4715.35 of the Revised Code do not apply to the following:

(A) A physician licensed pursuant to Chapter 4731. of the Revised Code, to practice medicine and surgery or osteopathic medicine and surgery in Ohio, unless he or she practices dentistry as a specialty. For purposes of this rule, "Practicing dentistry as a specialty" means that the physician regularly and/or routinely provides treatment in which the procedure or procedures performed are primarily involving teeth, rather than treatment secondary to a medical emergency or medical procedure. It is not required that the practice of dentistry as defined herein be a specific majority percentage of time, but rather that a pattern of practicing dentistry as a specialty is demonstrated by the physician.

(B) A dentist of the United States armed forces, public health service, or veterans administration.

(C) A dentist licensed in another state, making a clinical demonstration before a dental society, convention, association of dentists, or dental college.

Last updated April 15, 2024 at 1:32 PM

History

Effective: February 4, 2019
Promulgated Under: 119.03

Chapter 4715-40 Quality Intervention Program (QUIP)

Ohio Adm.Code 4715-40-01 Quality intervention program; Definitions.

As used in this chapter:

(A) "Licensee" or "License holder" is an individual holding a current valid license issued by the board to practice as a dentist, dental hygienist, or dental assistant radiographer in accordance with sections 4715.09 to 4715.66 of the Revised Code.

(B) "Educational provider" is one designated by the board to provide evaluation, education, and/or remediation pursuant to section 4715.031 of the Revised Code and is one of the following:

(1) An entity or organization that has been approved by the Ohio state dental board in accordance with rules 4715-8-02 and 4715-8-03 of the Administrative Code; and/or

(2) An educational institution or program that is both acceptable to the board and accredited by an accrediting agency recognized by the United States office of education; and/or

(3) A hospital accredited by the joint commission on accreditation of healthcare organizations (JCAHO); and/or

(4) A college or university with an accredited school of dentistry or dental hygiene program and/or community college with approved dental hygiene programs, when the educational program is held under the auspices of the school of dentistry or dental hygiene, or dental hygiene program; and/or

(5) A state board or agency that regulates health care providers when education and/or remediation approved or accepted by the board or agency contains content that has been prescribed by the Ohio state dental board for a participant in the quality intervention program.

(D) "Participatory agreement" is a confidential, voluntary, written contract executed by a licensee and the quality intervention program (QUIP) which includes, but is not limited to, the following:

(1) Stipulation of the licensee's identified practice deficiency; and

(2) Consent of the licensee to participate in the education and/or remediation process required by the board; and

(3) Consent by the licensee that allows the release to QUIP of all information pertaining to the licensee's education and/or remedition process; and

(4) A provision whereby the failure to complete the program shall result in commencement of disciplinary proceedings against the licensee by the board under section 4715.03 of the Revised Code.

(E) "Quaility intervention program" or "QUIP" is the program authorized by section 4715.031 of the Revised Code that allows the board to toll disciplinary action against a licensee who has a practice deficiency that has been identified by the board through an initial investigation conducted under division (D) of section 4715.03 of the Revised Code.

(F) "Practice deficiency" is a practice activity that fails to conform to the accepted standards for the profession.

(G) "Remediation" is a prescribed educational intervention that is designed to restore an identified practice deficiency of a licensee to conformity with the accepted standards of the profession. Remediation includes, but is not limited to, successful demonstration by the licensee that the learned knowledge and skills have been incorporated into the licensee's practice.

Last updated September 8, 2023 at 2:52 PM

History

Effective: September 12, 2016
Promulgated Under: 119.03

Ohio Adm.Code 4715-40-02 Process and criteria to use when identifying an individual's practice deficiency.

(A) The board shall investigate, in accordance with division (D) of section 4715.03 of the Revised Code, evidence that appears to show that a licensee has failed to practice in accordance with acceptable standards of safe practice as set forth in Chapter 4715. of the Revised Code.

(B) The board shall review the evidence obtained during its initial investigation to determine whether the licensee's identified practice deficiency can be corrected through participation in the quality intervention program (QUIP) rather than through formal disciplinary action. Criteria to use when making this determination include, but are not limited to, the following:

(1) Whether the public will be adequately protected from unsafe practice if the licensee enters QUIP;

(2) Whether the licensee's practice deficiency resulted in harm or other untoward outcome for the patient;

(3) The likelihood that the identified practice deficiency at issue is a deficiency that can be corrected through education and/or remediation;

(4) The extent of the licensee's cooperation with the board during the investigation;

(5) Whether the licensee's identified practice deficiency represented an intentional or willful commission or omission by the licensee;

(6) The frequency of the occurrence of the identified practice deficiency;

(7) The adverse impact of the identified practice deficiency on others;

(8) Whether the identified practice deficiency affected a particularly vulnerable patient;

(9) Whether the licensee is eligible for participation in QUIP in accordance with rule 4715-40-03 of the Administrative Code; and

(10) Whether the licensee has a mental or physical impairment that contributed to the practice deficiency.

(C) When the board has reason to believe, after an initial investigation and review of the evidence, that the licensee's identified practice deficiency can be successfully corrected through participation in QUIP, the board may toll disciplinary action provided the licensee enters into an agreement with QUIP in accordance with rule 4715-40-04 of the Administrative Code.

Last updated December 6, 2023 at 1:08 PM

History

Effective: May 15, 2003
Promulgated Under: 119.03

Ohio Adm.Code 4715-40-03 Eligibility requirements for participation in the quality intervention program (QUIP).

(A) An individual may participate in the quality intervention program if all of the following apply;

(1) The board determines that the public will be adequately protected from unsafe practice if the licensee enters QUIP;

(2) The individual has not been the subject of formal disciplinary action by any regulatory board or entity located in Ohio or in another jurisdiction, unless the board determines that the previous disciplinary action was for a violation which should not preclude participation in QUIP;

(3) The individual is not concurrently under investigation by the board for violation of Chapter 4715. of the Revised Code or the rules of the board which does not constitute a practice deficiency;

(4) The individual can provide documentation satisfactory to the board of having completed the continuing education required by Chapter 4715. of the Revised Code and the rules of the board for a period of time not to exceed the three years immediately preceding consideration of the eligibility for QUIP;

(5) The board determines that the nature of the individual's identified practice deficiency is such that it may be corrected through education and/or remediation;

(6) The individual holds a current valid license issued by the board;

(7) The individual is eligible to renew the license issued by the board;

(8) The board has determined that the licensee does not have any identified impairment that would significantly affect learning abilities or the ability of the licensee to incorporate learned knowledge and skills into the licensee's practice; and

(9) The individual agrees in writing to be considered for participation in QUIP.

Last updated December 6, 2023 at 1:08 PM

History

Effective: May 15, 2003
Promulgated Under: 119.03

Ohio Adm.Code 4715-40-04 Provisions of the participatory agreement for the quality intervention program (QUIP).

(A) When a licensee has been determined by the board to be eligible for the quality intervention program (QUIP), in accordance with rules 4715-40-02 and 4715-40-03 of the Administrative Code, the licensee shall execute a participatory agreement with the board for the QUIP program which includes, but is not limited to, provisions which;

(1) Set forth the identified practice deficiency;

(2) Identify the specific education and/or remediation the participant must complete, including identification of educational provider(s) that will provide the prescribed educational intervention;

(3) Specify the time frame during which the participant must agree to abide by the recommendations set forth by the educational provider(s) that will provide the prescribed educational intervention;

(4) Require the participant to pay all expenses the participant incurs as a result of the required education and/or remediation;

(5) Require the participant to cooperate with any QUIP-related entity, including, but not limited to, the educational provider(s) utilized by the board;

(6) Require the participant to cause any educational provider(s) to send written progress reports regarding the participant's progress in education and/or remediation to QUIP at specified intervals;

(7) Require the participant to sign any and all waivers necessary to secure all reports required by QUIP;

(8) Require the participant to submit a written personal progress report containing the information required to QUIP at specified intervals;

(9) Require the participant to meet in person with a QUIP representative and/or QUIP panel at specified intervals;

(10) Require the participant to obey all federal, state, and local laws, including, but not limited to, all laws and rules regulating dental, dental hygiene, or dental x-ray machine operator practice in Ohio;

(11) Specify that the prescribed education and/or remediation intervention may not be used to satisfy the continuing education requirements for licensure renewal set forth in Chapter 4715. of the Revised Code and the rules of the board;

(12) Specify the terms and conditions the participant must meet to successfully complete the education and/or remediation, including, but not limited to, the time frames for completing both the educational and/or monitoring components of the education and/or remediation; and

(13) Set forth the grounds for termination from QUIP.

(B) A licensee determined by the board to be eligible for QUIP who refuses to enter into the participatory agreement set forth in this rule within the time frame specified by QUIP shall be subject to disciplinary action for practice deficiency in accordance with section 4715.30 of the Revised Code.

Last updated April 15, 2024 at 1:32 PM

History

Effective: February 4, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4715-40-05 Grounds for termination from the quality intervention program (QUIP).

(A) A licensee determined by the board to have a practice deficiency that may be corrected through participation in the quality intervention program (QUIP) may be terminated from QUIP for any of the following:

(1) Failure to comply with any term of the participatory agreement entered into by the participant;

(2) Receipt of evidence from the educational provider indicating that the participant has failed to progress through or to successfully complete the education and/or remediation in the manner and during the time frame prescribed by the board;

(3) Receipt of evidence indicating that the participant has failed to incorporate learned knowledge and skills into practice or has continued to demonstrate the practice deficiency;

(4) Failure to complete the education and/or remediation; or

(5) Failure to maintain eligibility for QUIP.

(B) When a licensee is terminated from QUIP for one of the reasons specified in paragraph (A) of this rule, the board shall continue with disciplinary proceedings in accordance with Chapter 4715.30 of the Revised Code. The board may consider paragraphs (E)(2) and (E)(3) of rule 4715-40-07 of the Administrative Code when determining the discipline to be imposed.

Last updated December 6, 2023 at 1:08 PM

History

Effective: May 15, 2003
Promulgated Under: 119.03

Ohio Adm.Code 4715-40-06 Requirements for educational provider(s) offering remediation for the quality intervention program (QUIP).

(A) The board shall utilize educational provider(s) as defined in paragraph (B) of rule 4715-40-01 of the Administrative Code to provide the education and/or remediation recommended for a participant in the quality intervention program (QUIP).

(B) Prior to the participant's entry into the intended education and/or remediation, the educational provider(s) selected shall provide to QUIP the proposed education and/or remediation program which includes, but is not limited to, the following:

(1) An outline of the education and/or remediation program content;

(2) The number of didactic hours, if applicable;

(3) The number of clinical hours, if applicable;

(4) The education and/or remediation program description;

(5) The method of evaluation;

(6) The projected time frame for completing the education and/or remediation program;

(1) Maintain the confidentiality of the participant's participation in QUIP and of all records associated with the participant's specific educational intervention;

(2) Timely review the information provided by QUIP which sets forth the specific prescribed educational intervention needed by the participant;

(3) Report to QUIP regarding the participant's progress in education and/or remediation at the intervals specified by QUIP;

(4) Notify QUIP in writing within five days of the occurrence of any of the following:

(a) Failure of the participant to satisfactorily progress through the educational intervention in the manner and during the time frame prescribed by the board; or

(b) Failure of the participant to successfully complete the prescribed educational intervention; or

When notification is provided to QUIP in accordance with this paragraph, the educational provider(s) shall provide to QUIP, within fourteen days after notification, evidence which documents the participant's failure to progress through, completion of, or termination of the prescribed educational intervention.

(5) Provide written verification to QUIP when the participant successfully completes the educational intervention; and

(6) Provide a means acceptable to the board for the participant to complete the educational intervention if the provider ceases to provide the intervention.

(D) An educational provider that has agreed to offer educational interventions shall notify QUIP of its planned intent to cease providing interventions six months immediately prior to the scheduled termination.

Last updated April 15, 2024 at 1:32 PM

History

Effective: February 4, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4715-40-07 Terms and conditions a participant must meet to successfully complete the quality intervention program (QUIP).

(A) A licensee who is eligible to participate in the quality intervention program (QUIP) shall enter into a participatory agreement, as set forth in rule 4715-40-04 of the Administrative Code, and shall comply with all the terms and conditions set forth in the agreement.

(B) A participant shall provide or cause to be provided to QUIP a written report from the educational provider(s) stating that the participant has successfully completed the educational intervention.

(C) Upon receipt of the written report required by paragraph (B) of this rule, the QUIP panel shall review all information relevant to the participant's education and/or remediation to make a recommendation to the board as to whether the participant's practice as a dentist, dental hygienist, or dental x-ray machine operator meets the accepted standards for the profession.

(D) When the board or its designee determines that the licensee's identified practice deficiency has been sufficiently corrected so as to conform to the accepted standards for the profession, the board shall notify the participant in writing that the education and/or remediation has been successfully completed and participation in QUIP is concluded.

(E) The board shall continue with proceedings in accordance with division (D) of section 4715.03 of the Revised Code upon receipt of a report from QUIP that indicates:

(1) Refusal of the licensee to participate in or to execute the participatory agreement set forth in rule 4715-40-04 of the Administrative Code; or

(2) Failure of the licensee to satisfactorily progress or successfully complete the education and/or remediation program; or

(3) Termination from the education and/or remediation program as set forth in rule 4715-40-05 of the Administrative Code.

Last updated April 15, 2024 at 1:33 PM

History

Effective: February 4, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4715-40-08 Confidentiality of records for the quality intervention program (QUIP).

(A) Information obtained by the quality intervention program (QUIP) pursuant to an investigation conducted in accordance with sections 4715.03 and 4715.031 of the Revised Code shall be confidential pursuant to section 4715.03(D) of the Revised Code.

(B) All records regarding an individual's participation in QUIP are confidential pursuant to section 4715.03(D) of the Revised Code. These records may be used by the board in subsequent disciplinary proceedings involving the same or similar conduct, pursuant to rule 4715-15-22 of the Administrative Code.

(C) All educational providers selected to provide education and/or remediation for a participant in QUIP shall maintain the confidentiality of all records regarding the participant's education and/or remediation, except that such records shall be shared with the QUIP panel and the board.

Last updated December 6, 2023 at 1:08 PM

History

Effective: May 15, 2003
Promulgated Under: 119.03