OAR Chapter 818 — Oregon Board of Dentistry

Division 1 PROCEDURES

Or. Admin. R. 818-001-0000 Notice of Proposed Rule Making

Prior to the adoption, amendment, or repeal of any permanent rule, the Oregon Board of Dentistry shall give notice of the proposed adoption, amendment, or repeal:

(1) By publishing a notice in the Secretary of State's Bulletin referred to in ORS 183.370 at least 21 days prior to the effective date.

(2) By mailing, emailing or electronic mailing a copy of the notice to persons on the mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the adoption, amendment, or repeal.

(3) By mailing, emailing or electronic mailing a copy of the notice to the following persons and publications:

(a) Oregon Dental Hygienists’ Association;

(b) Oregon Dental Assistants Association;

(d) Oregon Dental Association;

(e) The Oregonian;

(f) Oregon Health & Science University, School of Dentistry;

(g) The United Press International;

(h) The Associated Press;

(i) The Capitol Building Press Room.

History

Statutory/Other Authority: ORS 183, 192, 670 & 679
Statutes/Other Implemented: ORS 183.370 & 183.335(7)
OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022
OBD 2-2009, f. 10-21-09, cert. ef. 11-1-09
DE 1-1997, f. & cert. ef. 1-2-97
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 11-1984, f. & ef. 5-17-84
DE 3-1982, f. & ef. 5-26-82
DE 2-1978, f. & ef. 5-4-78
DE 24, f. & ef. 12-2-75

Or. Admin. R. 818-001-0002 Definitions

As used in OAR chapter 818:

(1) "Board" means the Oregon Board of Dentistry, the members of the Board, its employees, its agents, and its consultants.

(2) "Dental Practice Act" means ORS Chapter 679 and 680.010 to 680.170 and the rules adopted pursuant thereto.

(3) "Dentist" means a person licensed pursuant to ORS Chapter 679 to practice dentistry.

(4) "Dental Hygienist" means a person licensed pursuant to ORS 680.010 to 680.210 to practice dental hygiene.

(5) “Dental Therapist” means a person licensed to practice dental therapy under ORS 679.603.

(6) “Dental Therapy” means the provision of preventative dental care, restorative dental treatment and other educational, clinical and therapeutic patient services as part of a dental care team, including the services described under ORS 679.621.

(7) "Direct Supervision" means supervision requiring that a dentist diagnose the condition to be treated, that a dentist authorize the procedure to be performed, and that a dentist remain in the dental treatment room while the procedures are performed.

(8) "General Supervision" means supervision requiring that a dentist authorize the procedures, but not requiring that a dentist be present when the authorized procedures are performed. The authorized procedures may also be performed at a place other than the usual place of practice of the dentist.

(9) "Indirect Supervision" means supervision requiring that a dentist authorize the procedures and that a dentist be on the premises while the procedures are performed.

(10) "Informed Consent" means the consent obtained following a thorough and easily understood explanation to the patient, or patient's guardian, of the proposed procedures, any available alternative procedures and any risks associated with the procedures. Following the explanation, the licensee shall ask the patient, or the patient's guardian, if there are any questions. The licensee shall provide thorough and easily understood answers to all questions asked.

(11) "Licensee" means a dentist, hygienist or dental therapist.

(12) “Volunteer Licensee” is a dentist, hygienist or dental therapist licensed according to rule to provide dental health care without receiving or expecting to receive compensation.

(13) "Limited Access Patient" means a patient who, due to age, infirmity, or handicap is unable to receive regular dental hygiene treatment in a dental office.

(14) "Specialty." The specialty definitions are added to more clearly define the scope of the practice as it pertains to the specialty areas of dentistry.

(a) “Dental Anesthesiology” is the specialty of dentistry that deals with the management of pain through the use of advanced local and general anesthesia techniques.

(b) "Dental Public Health" is the science and art of preventing and controlling dental diseases and promoting dental health through organized community efforts. It is that form of dental practice which serves the community as a patient rather than the individual. It is concerned with the dental health education of the public, with applied dental research, and with the administration of group dental care programs as well as the prevention and control of dental diseases on a community basis.

(c) "Endodontics" is the specialty of dentistry which is concerned with the morphology, physiology and pathology of the human dental pulp and periradicular tissues. Its study and practice encompass the basic and clinical sciences including biology of the normal pulp, the etiology, diagnosis, prevention and treatment of diseases and injuries of the pulp and associated periradicular conditions.

(d) "Oral and Maxillofacial Pathology" is the specialty of dentistry and discipline of pathology that deals with the nature, identification, and management of diseases affecting the oral and maxillofacial regions. It is a science that investigates the causes, processes, and effects of these diseases. The practice of oral pathology includes research and diagnosis of diseases using clinical, radiographic, microscopic, biochemical, or other examinations.

(e) “Oral and Maxillofacial Radiology” is the specialty of dentistry and discipline of radiology concerned with the production and interpretation of images and data produced by all modalities of radiant energy that are used for the diagnosis and management of diseases, disorders and conditions of the oral and maxillofacial region.

(f) "Oral and Maxillofacial Surgery" is the specialty of dentistry which includes the diagnosis, surgical and adjunctive treatment of diseases, injuries and defects involving both the functional and esthetic aspects of the hard and soft tissues of the oral and maxillofacial region.

(g) "Oral Medicine" is the specialty of dentistry responsible for the oral health care of medically complex patients and for the diagnosis and management of medically-related diseases, disorders and conditions affecting the oral and maxillofacial region.

(h) "Orofacial Pain" Orofacial Pain is the specialty of dentistry that encompasses the diagnosis, management and treatment of pain disorders of the jaw, mouth, face, head and neck. The specialty of Orofacial Pain is dedicated to the evidenced-based understanding of the underlying pathophysiology, etiology, prevention, and treatment of these disorders and improving access to interdisciplinary patient care.

(i) "Orthodontics and Dentofacial Orthopedics" is the specialty of dentistry concerned with the supervision, guidance and correction of the growing or mature dentofacial structures, including those conditions that require movement of teeth or correction of malrelationships and malformations of their related structures and the adjustment of relationships between and among teeth and facial bones by the application of forces and/or the stimulation and redirection of functional forces within the craniofacial complex. Major responsibilities of orthodontic practice include the diagnosis, prevention, interception and treatment of all forms of malocclusion of the teeth and associated alterations in their surrounding structures; the design, application and control of functional and corrective appliances; and the guidance of the dentition and itssupporting structures to attain and maintain optimum occlusal relations in physiologic and esthetic harmony among facial and cranial structures.

(j) "Pediatric Dentistry" is an age defined specialty that provides both primary and comprehensive preventive and therapeutic oral health care for infants and children through adolescence, including those with special health care needs.

(k) "Periodontics" is the specialty of dentistry which encompasses the prevention, diagnosis and treatment of diseases of the supporting and surrounding tissues of the teeth or their substitutes and the maintenance of the health, function and esthetics of these structures and tissues.

(l) "Prosthodontics" is the specialty of dentistry pertaining to the restoration and maintenance of oral functions, comfort, appearance and health of the patient by the restoration of natural teeth and/or the replacement of missing teeth and contiguous oral and maxillofacial tissues with artificial substitutes.

(15) “Full-time” as used in ORS 679.025 and 680.020 is defined by the Board as any student who is enrolled in an institution accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency in a course of study for dentistry, dental hygiene or dental therapy.

(16) For purposes of ORS 679.020(4)(h) the term “dentist of record” means a dentist that either authorized treatment for, supervised treatment of or provided treatment for the patient in clinical settings of the institution described in 679.020(3).

(17) “Dental Study Group” as used in ORS 679.050, OAR 818-021-0060 and OAR 818-021-0070 is defined as a group of licensees who come together for clinical and non-clinical educational study for the purpose of maintaining or increasing their competence. This is not meant to be a replacement for residency requirements.

(18) “Physical Harm” as used in OAR 818-001-0083(2) is defined as any physical injury that caused, partial or total physical disability, incapacity or disfigurement. In no event shall physical harm include mental pain, anguish, or suffering, or fear of injury.

(19) “Teledentistry” is defined as the use of information technology and telecommunications to facilitate the providing of dental primary care, consultation, education, and public awareness in the same manner as telehealth and telemedicine.

(20) “BLS for Healthcare Providers or its Equivalent” the BLS certification standard is the American Heart Association’s BLS Healthcare Providers Course or its equivalent, as determined by the Board.This initial BLS course must be a hands-on course; online BLS courses

will not be approved by the Board for initial BLS certification. After the initial BLS certification, the Board will accept a Board-approved BLS for Healthcare Providers or its equivalent Online Renewal course for license renewal. A BLS certification card with an expiration date must be received from the BLS provider as documentation of BLS certification.The Board considers the BLS expiration date to be the last day of the month that the BLS instructor indicates that the certification expires.

(21) "Study Model" means a replica of a patient's teeth and surrounding structures, typically made from either a physical impression or a scanned impression of the patient's mouth. It is used primarily for diagnostic and treatment planning purposes, allowing the dentist to study the patient's teeth and jaw alignment and plan procedures such as orthodontic treatment, restorative dentistry or prosthetic treatment. A study model is distinguished from a "working model," which is fabricated in a similar fashion as a study model and may be a more precise and accurate replica of the patient's teeth and jaw (where applicable). A working model would be used for the fabrication of dental appliances, including without limitation orthodontic aligners, retainers, crowns and bridges or removable dentures.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.010 & 680.010
OBD 2-2024, amend filed 10/28/2024, effective 01/01/2025
OBD 1-2023, amend filed 06/20/2023, effective 07/01/2023
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 3-2015, f. 9-8-15, cert. ef. 10-1-15
OBD 1-2013, f. 5-15-13, cert. ef. 7-1-13
OBD 4-2011, f. & cert, ef. 11-15-11
OBD 1-2008, f. 11-10-08, cert. ef. 12-1-08
OBD 1-2006, f. 3-17-06, cert. ef. 4-1-06
OBD 2-2005, f. 1-31-05, cert. ef. 2-1-05
OBD 7-2001, f. & cert. ef. 1-8-01
DE 3-1997, f. & cert. ef. 8-27-97
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-001-0001
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 11-1984, f. & cert. ef. 5-17-84

Or. Admin. R. 818-001-0005 Model Rules of Procedure

Pursuant to the provisions of ORS 183.341, the Oregon Board of Dentistry adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act current edition; these rules of procedure shall be controlling except as otherwise required by statute or rule.

[ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or the Board of Dentistry.]

History

Statutory/Other Authority: ORS 183, 192, 670 & 679
Statutes/Other Implemented: ORS 183.341(1)
OBD 2-2005, f. 1-31-05, cert. ef. 2-1-05
OBD 3-2000, f. & cert. ef. 6-2-00
OBD 1-2000, f. & cert. ef. 1-26-00
DE 1-1997, f. & cert. ef. 1-2-97
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 4-1986, f. & ef. 5-23-86
DE 11-1984, f. & ef. 5-17-84
DE 3-1983, f. & ef. 10-19-83
DE 3-1981, f. & ef. 12-16-81
DE 1-1978, f. & ef. 4-27-78
DE 26, f. & ef. 2-6-76
DE 20, f. 12-19-73, ef. 1-11-74

Or. Admin. R. 818-001-0011 Time for Requesting a Contested Case Hearing

A request for a contested case hearing must be in writing and must be received by the Board within twenty-one days from the date the contested case notice was served.

History

Statutory/Other Authority: ORS 679.250 & 183.341
Statutes/Other Implemented: ORS 679.250 & 183.341 OL 1999 & Ch. 849
OBD 9-2001, f. & cert. ef. 1-8-01

Or. Admin. R. 818-001-0025 Confidentiality and Inadmissibility of Mediation Communications

(1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not they are confidential under this or other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the extent provided in 192.410 to 192.505.

(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has regulatory authority. This rule does not apply when the agency is acting as the “mediator” in a matter in which the agency also is a party as defined in ORS 36.234.

(4) To the extent mediation communications would otherwise be compromised negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Mediations Excluded. Sections (6)–(10) of this rule do not apply to:

(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency’s employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed; or

(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving some or all of the same matters;

(d) Mediation involving two or more public bodies and a private party if the laws, rule or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential; or

(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation.

(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c)–(d), (j)–(l) or (o)–(p) of section (9) of this rule.

(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in sections (8)–(9) of this rule, mediation communications are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding.

(8) Written Agreement. Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in writing, as provided in this section, that the mediation communications in the mediation will be confidential and/or nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator or an authorized agency representative must also sign the agreement. The parties’ agreement to participate in a confidential mediation must be in substantially the following form. This form may be used separately or incorporated into an “agreement to mediate.” [Form not included. See ED. NOTE.]

(9) Exceptions to confidentiality and inadmissibility:

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding;

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law;

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person;

(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report;

(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law;

(f) A party to the mediation may disclose confidential mediation communications to a person if the party’s communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree;

(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties to the mediation;

(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure;

(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement;

(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements;

(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial or arbitration proceeding:

(A) A request for mediation; or

(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of mediation; or

(D) A strike notice submitted to the Employment Relations Board.

(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute;

(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:

(A) Attorney-client privileged communications so long as they have been disclosed to no one other than the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege; or

(B) Attorney work product prepared in anticipation of litigation or for trial; or

(C) Prepared exclusively for the mediator or in a caucus session and not given to another party in the mediation other than a state agency; or

(D) Prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation; or

(E) Settlement concepts or proposals, shared with the mediator or other parties.

(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent the Board determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public’s health or safety, and the communication is not otherwise confidential or privileged under state or federal law;

(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under 30.402 or state or federal law requires the terms to be confidential;

(p) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).

(10) When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 36.224
Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232
OBD 4-2000, f. 6-22-00, cert. ef. 7-1-00

Or. Admin. R. 818-001-0030 Award of Hearings Costs

The Board may assess the following costs against a licensee disciplined by the Board:

(1) Fee for service of complaint.

(2) Fee for service of subpoenas.

(3) Reporter fee for depositions and hearing including transcriptions.

(4) Hearing officer’s fee.

(5) Witness fees and mileage or other costs incurred in insuring the attendance of any witness.

(6) Cost of Board counsel.

History

Statutory/Other Authority: ORS 183, 192, 670 & 680
Statutes/Other Implemented: ORS 679.140(5)(h)
OBD 15-2001, f. 12-7-01, cert. ef. 1-1-02
OBD 3-1999, f. 6-25-99, cert. ef. 7-1-99
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 3-1986, f. & ef. 3-31-86
DE 11-1984, f. & ef. 5-17-84

Or. Admin. R. 818-001-0082 Access to Public Records

(1) Public records not exempt from disclosure may be inspected during office hours at the Board office upon reasonable notice.

(2) Copies of public records not exempt from disclosure may be purchased upon receipt of a written request. The Board may withhold copies of public records until the requestor pays for the copies.

(3) The Board follows the Department of Administrative Service’s statewide policy (107-001-030) for fees in regards to public records request; in addition, the Board establishes the following fees:

(a) $0.10 per name and address for computer-generated lists on paper; $0.20 per name and address for computer-generated lists on paper sorted by specific zip code;

(b) Data files submitted electronically or on a device:

(A) All Licensed Dentists — $50;

(B) All Licensed Dental Hygienists and Dental Therapists — $50;

(d) Certificate of Standing — $20.

History

Statutory/Other Authority: ORS 183, 192, 670 & 679
Statutes/Other Implemented: ORS 192.420, 192.430 & 192.440
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 3-1999, f. 6-25-99, cert. ef. 7-1-99
DE 2-1991, f. & cert. ef. 12-31-91
DE 1-1991(Temp), f. 8-5-91, cert. ef. 8-15-91
DE 1-1990, f. 3-19-90, cert. ef. 4-2-90
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-001-0080
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 11-1984, f. & ef. 5-17-84

Or. Admin. R. 818-001-0083 Relief from Public Disclosure

Upon the receipt of a written request of an individual who has been disciplined by the Oregon Board of Dentistry, the Board shall remove from its website, and other publicly accessible print and electronic publications under the Board’s control, all information related to disciplining the individual under ORS 679.140 and any findings and conclusions made by the Board during the disciplinary proceeding, if:

(1) The request is made 10 years or more after the date on which any disciplinary sanction ended;

(2) The individual was not disciplined for financially or physically harming a patient as determined by the Board;

(3) The individual informed the Board of the matter for which the individual was disciplined before the Board received information about the matter or otherwise had knowledge of the matter;

(4) The individual making the request, if the individual is or was a licensee, has not been subjected to other disciplinary action by the Board following the imposition of the disciplinary sanction; and

(5) The individual fully complied with all disciplinary sanctions imposed by the Board.

History

Statutory/Other Authority: HB 4095 (2016)
OBD 1-2016, f. 10-25-16, cert. ef. 11-1-16

Or. Admin. R. 818-001-0087 Fees

(1) The Board adopts the following fees:

(a) Biennial License Fees:

(A) Dental —$490;

(B) Dental — retired — $0;

(D) Volunteer Dentist — $0;

(E) Dental Hygiene —$279;

(F) Dental Hygiene — retired — $0;

(G) Volunteer Dental Hygienist — $0;

(H) Dental Therapy - $279;

(I) Dental Therapy - retired - $0;

(b) Biennial Permits, Endorsements or Certificates:

(A) Nitrous Oxide Permit — $40;

(B) Minimal Sedation Permit — $75;

(D) Deep Sedation Permit — $400;

(E) General Anesthesia Permit — $400;

(F) Radiology — $75;

(G) Expanded Function Dental Assistant — $50;

(H) Expanded Function Orthodontic Assistant — $50;

(I) Instructor Permits — $40;

(J) Dental Hygiene Restorative Functions Endorsement — $50;

(K) Restorative Functions Dental Assistant — $50;

(L) Anesthesia Dental Assistant — $50;

(M) Dental Hygiene, Expanded Practice Permit — $75;

(N) Non-Resident Dental Background Check - $100.00;

(A) Dental — General and Specialty — $445;

(B) Dental Faculty — $405;

(D) Dental Therapy - $210;

(E) Licensure Without Further Examination — Dental — $890.

(F) Licensure Without Further Examination — Dental Hygiene and Dental Therapy — $820

(d) Examinations:

(e) Jurisprudence — $0;

(f) Duplicate Wall Certificates — $50.

(2) Fees must be paid at the time of application and are not refundable.

(3) The Board shall not refund moneys under $5.01 received in excess of amounts due or to which the Board has no legal interest unless the person who made the payment or the person's legal representative requests a refund in writing within one year of payment to the Board.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 293.445, 679.060, 679.115, 679.120, 679.250, 680.050, 680.075, 680.200, 680.205 & 679.615
OBD 2-2025, amend filed 10/27/2025, effective 12/01/2025
OBD 1-2025, temporary amend filed 06/16/2025, effective 07/01/2025 through 12/27/2025
OBD 4-2023, amend filed 11/01/2023, effective 01/01/2024
OBD 2-2023, temporary amend filed 07/10/2023, effective 08/01/2023 through 01/05/2024
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 3-2015, f. 9-8-15, cert. ef. 10-1-15
OBD 2-2015(Temp), f. & cert. ef. 6-26-15 thru 12-22-15
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 1-2013, f. 5-15-13, cert. ef. 7-1-13
OBD 1-2012, f. & cert. ef. 1-27-12
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 3-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 12-27-11
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 2-2009, f. 10-21-09, cert. ef. 11-1-09
OBD 1-2009(Temp), f. 6-11-09, cert. e. 7-1-09 thru 11-1-09
OBD 3-2007, f. & cert. ef. 11-30-07
OBD 2-2007, f. 4-26-07, cert. ef. 5-1-07
OBD 2-2005, f. 1-31-05, cert. ef. 2-1-05
OBD 8-2001, f. & cert. ef. 1-8-01
OBD 5-2000, f. 6-22-00, cert. ef. 7-1-00
OBD 3-1999, f. 6-25-99, cert. ef. 7-1-99
OBD 1-1998, f. & cert. ef. 6-8-98
DE 2-1993, f. & cert. ef. 7-13-93
DE 1-1992(Temp), f. & cert. ef. 6-24-92
DE 2-1991, f. & cert. ef. 12-31-91
DE 1-1991(Temp), f. 8-5-91, cert. ef. 8-15-91
DE 1-1990, f. 3-19-90, cert. ef. 4-2-90
DE 2-1989(Temp), f. & cert. ef. 11-30-89
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-001-0085
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 1-1987, f. & cert. ef. 10-7-87
DE 3-1986, f. & cert. ef. 3-31-86
DE 6-1985(Temp), f. & cert. ef. 9-20-85

Or. Admin. R. 818-001-0090 Board Member Compensation

(1) Board members of the Oregon Board of Dentistry, who are authorized by law to receive compensation for time spent in performance of their official duties, shall receive compensation based on the amount fixed for the standard per diem allowance for the Continental United States which has been authorized by the United States Internal Revenue Service for each day or portion of each day during which the Board member is actually engaged in the performance of official duties. This compensation amount shall be in addition to the reimbursement of travel expenses per Oregon Statewide Travel Policy OAM 40.10.00 PO.

(2) No Board member shall be required to accept compensation or reimbursement of travel expenses while performing their official duties as a Board member.

History

Statutory/Other Authority: ORS 679.230
Statutes/Other Implemented: HB 2058 & OL Ch. 535 (2009 Laws)
OBD 2-2009, f. 10-21-09, cert. ef. 11-1-09

Division 5 CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES

Or. Admin. R. 818-005-0035 Contesting a Fitness Determination

(1) This rule sets forth a contested case hearing process by which a subject individual may appeal a fitness determination made under OAR 818-005-0050 that he or she is fit or not fit to be a Board employee, volunteer, contractor, or vendor.

(2) The Attorney General’s Model Rules of Procedure, OAR 137-003-0001 through 137-003-0092, apply unless the Board refers the matter to the Office of Administrative Hearings to assign an Administrative Law Judge. If the Board refers the matter to the Office of Administrative Hearings, 137-003-0501 through 137-003-0700 shall apply.

(3) Process.

(a) To request a contested case hearing, the employee applicant/employee or the employee applicant/employee individual's legal representative must submit a written request to the Executive Director of the Board. To be timely, the request must be received by the Executive Director of the Board within 21 business days of the postmark of the fitness determination notification letter.

(b) A contested case hearing shall be conducted by an Administrative Law Judge appointed by the Office of Administrative Hearings once a timely request has been received by the Board as outlined in section (3)(a).

(4) The Administrative Law Judge will establish the time and place of the hearing. Notice of the hearing shall be served on the Board or designee and participants at least ten working days in advance of the hearing date.

(5) No Public Attendance. Contested case hearings on fitness determinations are closed to non-participants.

(6) A fitness determination made under OAR 818-005-0050 becomes final when:

(a) A timely request for hearing is not filed; or

(b) A party withdraws a hearing request, notifies the Board or the Administrative Law Judge that the party will not appear, or fails to appear for the hearing.

(7) The Administrative Law Judge will issue a proposed order following a hearing. Exceptions, if any, must be received by the Board within 10 working days after the service of the proposed order.

(8) An employee applicant/employee currently employed by the Board who is denied as unfit pursuant to a final fitness determination may appeal the fitness determination either under the contested case process made available by this rule or through a process available under applicable personnel rules, policies and collective bargaining agreements. An employee applicant’s/employee’s decision to appeal a fitness determination through applicable personnel rules, policies, and collective bargaining agreements is an election of remedies as to the rights of the individual with respect to the fitness determination and is a waiver of the contested case process made available by this rule.

(9) The only remedy that may be awarded is a determination that the employee applicant/employee is fit or not fit. Under no circumstances shall the Board be required to place an employee applicant/employee in any position, nor shall the Board be required to accept services or enter into a contractual agreement with an employee applicant/employee.

(10) An employee applicant/employee may not use the appeals process established by this rule to challenge the accuracy or completeness of information provided by the Oregon State Police, the Federal Bureau of Investigation, or agencies reporting information to the Oregon State Police or the Federal Bureau of Investigation. To challenge the accuracy or completeness of information identified in this section, an employee applicant/employee may use any process made available by the agency that provided the information.

(11) Appealing a fitness determination, challenging criminal offender information with the agency that provided the information, or requesting a new criminal records check and re-evaluation of the original fitness determination will not delay or postpone the Board’s hiring process or employment decisions.

(12) Alternative Process. An employee currently employed by the Board may choose to appeal a fitness determination either under the process made available by this rule or through a process made available by applicable personnel rules, policies and collective bargaining provision. A subject individual’s decision to appeal a fitness determination through applicable personnel rules, polices and collective bargaining provisions is an election of remedies as to the rights of the individual with respect to the fitness determination and is a waiver of the contested case process made available by this rule.

(13) The only remedy that may be awarded is a determination that the employee is fit or not fit. Under no circumstances shall the Board be required to place an employee in any position, or shall the Board be required to accept services or enter into a contractual agreement with an employee.

History

Statutory/Other Authority: ORS 181.534, 676.303 & 679.253
Statutes/Other Implemented: ORS 676.303 & 181.534
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 4-2011, f. & cert. ef. 11-15-11

Or. Admin. R. 818-005-0040 Agency Representation

(1) Subject to the approval of the Attorney General, an officer or employee of the Board, designated by the Executive Director, is authorized to appear on behalf of the Board in contested case hearings conducted pursuant to these rules.

(2) Board officers, employees, or other authorized personnel may not present legal argument as defined under OAR 137-003-0008 on behalf of the Board in contested case hearings conducted pursuant to these rules.

(3) When the Board determines it is necessary to consult with the Attorney General's office, the Administrative Law Judge will provide a reasonable period of time for a Board’s representative to consult with the Attorney General's office and to obtain either written or oral legal argument or advice, if necessary.

History

Statutory/Other Authority: ORS 181.534, 676.303 & 679.253
Statutes/Other Implemented: ORS 676.303 & 181.534
OBD 4-2011, f. & cert. ef. 11-15-11

Or. Admin. R. 818-005-0050 Criminal Records Check for Employees, Volunteers and Applicants

(1) The Board may require a criminal records check and fitness determination for Board employees, volunteers or applicants for employment with the Board.

(2) Criminal records checks and fitness determinations are conducted pursuant to ORS 181A.170 to 181A.215 and OAR 125-007-0200 to 125-007-0310.

(a) To complete the criminal records check and fitness determination, the Board may require additional information from the employee, volunteer or applicant, such as, but not limited to, proof of identity or additional criminal, judicial or other background information.

(b) If the employee, volunteer or applicant has potentially disqualifying criminal offender information, the Board will consider factors listed in ORS 181A.195 before making a fitness determination.

(d) An incomplete fitness determination does not entitle the employee, volunteer or applicant the right to appeal under OAR 125-007-0300.

(3) Pursuant to ORS 181A.195, 676.175, and OAR 125-007-0310, information obtained in the criminal records check is confidential and will not be disseminated by the Board except to persons with a demonstrated and legitimate need to know the information.

(4) The Board may charge a fee to the employee, volunteer or applicant for the criminal records check. The fee will not exceed the fee charged the Board by the OSP and the FBI to obtain such information.

History

Statutory/Other Authority: ORS 181A.195 & 676.303
Statutes/Other Implemented: ORS 181A.170, 181A.195, 181A215, 676.175, 676.303 & 679.250
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17

Division 12 STANDARDS OF PRACTICE

Or. Admin. R. 818-012-0005 Scope of Practice

(1) No dentist may perform any of the procedures listed below:

(a) Rhinoplasty;

(b) Blepharoplasty;

(d) Submental liposuction;

(e) Laser resurfacing;

(f) Browlift, either open or endoscopic technique;

(g) Platysmal muscle plication;

(h) Otoplasty;

(i) Dermabrasion;

(j) Hair transplantation, not as an isolated procedure for male pattern baldness; and

(k) Harvesting bone extra orally for dental procedures, including oral and maxillofacial procedures.

(2) Unless the dentist:

(a) Has successfully completed a residency in Oral and Maxillofacial Surgery accredited by the American Dental Association, Commission on Dental Accreditation (CODA), or

(b) Holds privileges either:

(A) Issued by a credentialing committee of a hospital accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) to perform these procedures in a hospital setting; or

(B) Issued by a credentialing committee for an ambulatory surgical center licensed by the State of Oregon and accredited by either the JCAHO or the Accreditation Association for Ambulatory Health Care (AAAHC).

(3) A dentist may utilize Botulinum Toxin Type A to treat conditions that are within the oral and maxillofacial region after completing a minimum of 10 hours in a hands on clinical course(s), in Botulinum Toxin Type A, and the provider is approved by the Academy of General Dentistry Program Approval for Continuing Education (AGD PACE) or by the American Dental Association Continuing Education Recognition Program (ADA CERP). Alternatively, a dentist may meet the requirements of subsection (3) by successfully completing training in Botulinum Toxin Type A as part of a CODA accredited program.

(4) A dentist may utilize dermal fillers to treat conditions that are within the oral and maxillofacial region after completing a minimum of 10 hours in a hands on clinical course(s), in dermal fillers, and the provider is approved by the Academy of General Dentistry Program Approval for Continuing Education (AGD PACE) or by the American Dental Association Continuing Education Recognition Program (ADA CERP). Alternatively, a dentist may meet the requirements of subsection (4) by successfully completing training in dermal fillers as part of a CODA accredited program.

(5) A dentist may place dental implants to replace natural teeth after completing a minimum of 56 hours of hands on clinical dental implant course(s), which includes treatment planning, appropriate case selection, potential complications and the surgical placement of the implants under direct supervision, and the provider is a Commission on Dental Accreditation (CODA) accredited postdoctoral dental education program, or a provider that has been approved by the Academy of General Dentistry Program Approval for Continuing Education (AGD PACE) or by the American Dental Association Continuing Education Recognition Program (ADA CERP).

(6) A dentist placing dental implants must complete at least seven (7) hours of continuing education related to the placement and or restoration of dental implants every licensure renewal period. (Effective January 1, 2024).

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.010(2), 679.140(1)(c), 679.140(2), 679.170(6) & 680.100
OBD 1-2024, amend filed 03/08/2024, effective 05/01/2024
OBD 1-2023, amend filed 06/20/2023, effective 07/01/2023
OBD 2-2021, amend filed 11/08/2021, effective 07/01/2022
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 4-2018, minor correction filed 12/10/2018, effective 12/10/2018
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 3-2013, f. 10-24-13, cert. ef. 1-1-14
OBD 1-2013, f. 5-15-13, cert. ef. 7-1-13
OBD 6-2001, f. & cert. ef. 1-8-01

Or. Admin. R. 818-012-0006 Qualifications - Administration of Vaccines

(1) A dentist may administer vaccines to a patient of record.

(2) A dentist may administer vaccines under Section (1) of this rule only if:

(a) The dentist has completed a course of training approved by the Board; and

(b) The vaccines are administered in accordance with the “Model Standing Orders” approved by the Oregon Health Authority (OHA).

(3) The dentist may not delegate the administration of vaccines to another person.

History

Statutory/Other Authority: ORS 679
OBD 2-2019, adopt filed 10/29/2019, effective 01/01/2020

Or. Admin. R. 818-012-0007 Procedures, Record Keeping and Reporting of Vaccines

(1) Prior to administering a vaccine to a patient of record, the dentist must follow the “Model Standing Orders” approved by the Oregon Health Authority (OHA) for administration of vaccines and the treatment of severe adverse events following administration of a vaccine.

(2) The dentist must maintain written policies and procedures for handling and disposal of used or contaminated equipment and supplies.

(3) The dentist or designated staff must give the appropriate Vaccine Information Statement (VIS) to the patient or legal representative with each dose of vaccine covered by these forms. The dentist or designated staff must ensure that the patient or legal representative is available and has read, or has had read to them, the information provided and has had their questions answered prior to the dentist administering the vaccine. The VIS given to the patient must be the most current statement.

(4) The dentist or designated staff must document in the patient record:

(a) The date and site of the administration of the vaccine;

(b) The brand name, or NDC number, or other acceptable standardized vaccine code set, dose, manufacturer, lot number, and expiration date of the vaccine;

(d) The address of the office where the vaccine(s) was administered unless automatically embedded in the electronic report provided to the OHA ALERT Immunization System;

(e) The date of publication of the VIS; and

(f) The date the VIS was provided and the date when the VIS was published.

(5) If providing state or federal vaccines, the vaccine eligibility code as specified by the OHA must be reported to the ALERT system.

(6) A dentist who administers any vaccine must report, the elements of Section (3), and Section (4) of this rule if applicable, to the OHA ALERT Immunization System within 14 days of administration.

(7) The dentist must report adverse events as required by the Vaccine Adverse Events Reporting System (VAERS), to the Oregon Board of Dentistry within 10 business days and to the primary care provider as identified by the patient.

(8) A dentist who administers any vaccine will follow storage and handling guidance from the vaccine manufacturer and the Centers for Disease Control and Prevention (CDC).

(9) Dentists who do not follow this rule can be subject to discipline for failure to adhere to these requirements.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679
OBD 1-2023, amend filed 06/20/2023, effective 07/01/2023
OBD 2-2019, adopt filed 10/29/2019, effective 01/01/2020

Or. Admin. R. 818-012-0010 Unacceptable Patient Care

The Board finds, using the criteria set forth in ORS 679.140(4), that a licensee engages in or permits the performance of unacceptable patient care if the licensee does or permits any person to:

(1) Provide treatment which exposes a patient to risk of harm when equivalent or better treatment with less risk to the patient is available.

(2) Fail to seek consultation whenever the welfare of a patient would be safeguarded or advanced by having recourse to those who have special skills, knowledge and experience; provided, however, that it is not a violation of this section to omit to seek consultation if other competent licensees in the same locality and in similar circumstances would not have sought such consultation.

(3) Fail to provide or arrange for emergency treatment for a patient currently receiving treatment.

(4) Fail to exercise supervision required by the Dental Practice Act over any person or permit any person to perform duties for which the person is not licensed or certified.

(5) Fail to ensure radiographic and other imaging are of diagnostic quality.

(6) Render services which the licensee is not licensed to provide.

(7) Fail to comply with ORS 453.605 to 453.755 or rules adopted pursuant thereto relating to the use of x-ray machines.

(8) Fail to maintain patient records in accordance with OAR 818-012-0070.

(9) Fail to provide goods or services in a reasonable period of time which are due to a patient pursuant to a contract with the patient or a third party.

(10) Attempt to perform procedures which the licensee is not capable of performing due to physical or mental disability.

(11) Perform any procedure for which the patient or patient's guardian has not previously given informed consent provided, however, that in an emergency situation, if the patient is a minor whose guardian is unavailable or the patient is unable to respond, a licensee may render treatment in a reasonable manner according to community standards.

(12) Use the behavior management technique of Hand Over Mouth (HOM) without first obtaining informed consent for the use of the technique.

(13) Use the behavior management technique of Hand Over Mouth Airway Restriction (HOMAR) on any patient.

(14) Fail to determine and document a dental justification prior to ordering a Cone Beam CT series with field greater than 10x10 cm for patients under 20 years of age where pathology, anatomical variation or potential treatment complications would not be otherwise visible with a Full Mouth Series, Panoramic or Cephalometric radiographs.

(15) Fail to advise a patient of any recognized treatment complications.

(16) Fail to maintain proper storage or handling of medications, including injectables, according to federal regulations, guidelines, standards, and manufacturer recommendations.

(17) Fail to obtain and maintain a written informed consent prior to administering Botulinum Toxin Type A or dermal fillers.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.140(1)(e), 679.140(4) & 680.100
OBD 2-2025, amend filed 10/27/2025, effective 12/01/2025
OBD 2-2024, amend filed 10/28/2024, effective 01/01/2025
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 7-2001, f. & cert. ef. 1-8-01
DE 3-1997, f. & cert. ef. 8-27-97
DE 2-1997, f. & cert. ef. 2-20-97
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-011-0020
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 3-1986, f. & cert. ef. 3-31-86
DE 9-1984, f. & cert. ef. 5-17-84, Renumbered from 818-010-0080
DE 2-1982, f. & cert. ef. 3-19-82
DE 5-1980, f. & cert. ef. 12-26-80
DE 14-1972, f. 1-20-72, cert. ef. 2-10-72
DE 6-1963, f. 8-9-63, cert. ef. 9-11-63

Or. Admin. R. 818-012-0015 Licensee to Notify Board of Certain Events

Licensees shall report to the Board incidents of mortality that occur in the course of the licensee’s practice.

(1) The licensee performing the dental procedure must submit a written detailed report to the Board within five working days of the incident along with the patient's complete original dental records. The detailed report(s) must include:

(a) Name, age and address of patient;

(b) Name of the licensee and other persons present during the incident;

(d) Type of anesthesia and dosages of drugs administered to the patient; and

(e) A narrative description of the incident including approximate times and evolution of symptoms.

(2) Reports filed with the Board under this rule are confidential and are only subject to public disclosure pursuant to ORS 192.502(2).

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.250(7)
OBD 10-2001, f. & cert. ef. 1-8-01

Or. Admin. R. 818-012-0020 Additional Methods of Discipline for Unacceptable Patient Care

In addition to other discipline, the Board may order a licensee who engaged in or permitted unacceptable patient care to:

(1) Make restitution to the patient in an amount to cover actual costs in correcting the unacceptable care.

(2) Refund fees paid by the patient with interest.

(3) Complete a Board-approved course of remedial education.

(4) Discontinue practicing in specific areas of dentistry, dental therapy or hygiene.

(5) Practice under the supervision of another licensee.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.140(5)(h) & 680.100
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-001-0045
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 3-1986, f. & ef. 3-31-86

Or. Admin. R. 818-012-0030 Unprofessional Conduct

The Board finds that in addition to the conduct set forth in ORS 679.140(2), unprofessional

conduct includes, but is not limited to, the following in which a licensee does or knowingly

permits any person to:

(1) Attempt to obtain a fee by fraud, or misrepresentation.

(2) Obtain a fee by fraud, or misrepresentation.

(a) A licensee obtains a fee by fraud if the licensee knowingly makes, or permits any person to make, a material, false statement intending that a recipient, who is unaware of the truth, rely upon the statement.

(b) A licensee obtains a fee by misrepresentation if the licensee obtains a fee through making or permitting any person to make a material, false statement.

(3) Offer rebates, split fees, or commissions for services rendered to a patient to any person other than a partner, employee, or employer.

(4) Accept rebates, split fees, or commissions for services rendered to a patient from any person other than a partner, employee, or employer.

(5) Initiate, or engage in, with a patient, any behavior with sexual connotations. The behavior can include but is not limited to, inappropriate physical touching; kissing of a sexual nature; gestures or expressions, any of which are sexualized or sexually demeaning to a patient;

inappropriate procedures, including, but not limited to, disrobing and draping practices that reflect a lack of respect for the patient's privacy; or initiating inappropriate communication, verbal or written, including, but not limited to, references to a patient's body or clothing that are

sexualized or sexually demeaning to a patient; and inappropriate comments or queries about the professional's or patient's sexual orientation, sexual performance, sexual fantasies, sexual problems, or sexual preferences.

(6) Engage in an unlawful trade practice as defined in ORS 646.605 to 646.608.

(7) Fail to present a treatment plan with estimated costs to a patient upon request of the patient or to a patient's guardian upon request of the patient's guardian.

(8) Misrepresent any facts to a patient concerning treatment or fees.

(9) Fail to release patient records pursuant to OAR 818-012-0032.

(10) Fail to identify to a patient, patient's guardian, or the Board the name of an employee, employer, contractor, or agent who renders services.

(11) Use prescription forms pre-printed with any Drug Enforcement Administration number, name of controlled substances, or facsimile of a signature.

(12) Use a rubber stamp or like device to reproduce a signature on a prescription form or sign a blank prescription form.

(13) Order drugs listed on Schedule II of the Drug Abuse Prevention and Control Act, 21 U.S.C. Sec. 812, for office use on a prescription form.

(14) Violate any Federal or State law regarding controlled substances.

(15) Becomes addicted to, or dependent upon, or abuses alcohol, illegal or controlled drugs, or mind altering substances, or practice with an untreated substance use disorder diagnosis that renders the licensee unable to safely conduct the practice of dentistry, dental hygiene or dental therapy.

(16) Practice dentistry, dental hygiene or dental therapy in a dental office or clinic not owned by an Oregon licensed dentist(s), except for an entity described under ORS 679.020(3) and dental hygienists practicing pursuant to ORS 680.205(1)(2).

(17) Make an agreement with a patient or person, or any person or entity representing patients or persons, or provide any form of consideration that would prohibit, restrict, discourage or otherwise limit a person's ability to file a complaint with the Oregon Board of Dentistry; to truthfully and fully answer any questions posed by an agent or representative of the Board; or to participate as a witness in a Board proceeding.

(18) Fail to maintain at a minimum a current BLS for Healthcare Providers certificate or its equivalent.

(19) Conduct unbecoming a licensee or detrimental to the best interests of the public, including conduct contrary to the recognized standards of ethics of the licensee’s profession or conduct that endangers the health, safety or welfare of a patient or the public.

(20) Knowingly deceiving or attempting to deceive the Board, an employee of the Board, or an agent of the Board in any application or renewal, or in reference to any matter under investigation by the Board. This includes but is not limited to the omission, alteration or destruction of any record in order to obstruct or delay an investigation by the Board, or to omit, alter or falsify any information in patient or business records.

(21) Knowingly practicing with a physical or mental impairment that renders the Licensee unable to safely conduct the practice of dentistry, dental hygiene or dental therapy.

(22) Take any action which could reasonably be interpreted to constitute harassment or retaliation towards a person whom the licensee believes to be a complainant or witness.

(23) Fail to register with the Prescription Drug Monitoring Program (PDMP) in order to have access to the Program’s electronic system if the Licensee holds a Federal Drug Enforcement Administration (DEA) registration.

(24) Fail to comply with ORS 413.550-413.558, regarding health care interpreters.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.140(1)(c), 679.140(2), 679.170(6) & 680.100
OBD 1-2023, amend filed 06/20/2023, effective 07/01/2023
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 3-2015, f. 9-8-15, cert. ef. 10-1-15
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 2-2009, f. 10-21-09, cert. ef. 11-1-09
OBD 1-2008, f. 11-10-08, cert. ef. 12-1-08
OBD 3-2007, f. & cert. ef. 11-30-07
OBD 1-2007, f. & cert. ef. 3-1-07
OBD 1-2006, f. 3-17-06, cert. ef. 4-1-06
OBD 3-1999, f. 6-25-99, cert. ef. 7-1-99
DE 2-1997, f. & cert. ef. 2-20-97
DE 1-1990, f. 3-19-90, cert. ef. 4-2-90
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-011-0020
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 3-1986, f. & cert. ef. 3-31-86
DE 9-1984, f. & cert. ef. 5-17-84, Renumbered from 818-010-0080
DE 5-1982, f. & cert. ef. 5-26-82
DE 2-1982, f. & cert. ef. 3-19-82
DE 5-1980, f. & cert. ef. 12-26-80
DE 14-1972, f. 1-20-72, cert. ef. 2-10-72
DE 6-1963, f. 8-9-63, cert. ef. 9-11-63

Or. Admin. R. 818-012-0032 Diagnostic Records

(1) Licensees shall provide duplicates of physical diagnostic records to patient or patient's guardian within 14 calendar days of receipt of written request.

(a) Physical records include:

(A) Legible copies of paper charting and chart notes, and;

(B) Duplicates of silver emulsion radiographs of the same quality as the originals, duplicates of physical study models, and photographs if they have been paid for.

(b) Licensees may require the patient or patient’s guardian to pay in advance the fee reasonably calculated to cover costs of making the copies or duplicates.

(2) Licensee may charge a fee not to exceed $30 for copying 10 or fewer pages of written material and no more than $0.50 per page for 11-50 and no more than $0.25 for each additional page, including cost of microfilm plus any postage costs to mail copies requested and actual costs of preparing an explanation or summary of information, if requested. The actual costs of duplicating radiographs may also be charged to the patient.

(3) Licensees shall provide duplicates of digital patient records within 14 calendar days of receipt of written request by the patient or patient's guardian.

(a) Digital records include any patient diagnostic image, study model, test result or chart record in digital form.

(b) Licensees may require the patient or patient’s guardian to pay for the typical retail cost of the digital storage device, such as a CD, thumb drive, or DVD as well as associated postage.

(c) Licensees shall not charge any patient or patient’s guardian to transmit requested digital records over email if total records do not exceed 25 Mb.

(d) Licensees may charge up to $5 for duplication of digital records up to 25Mb and up to $30 for more than 25Mb.

(e) Any transmission of patient records shall be in compliance with the Health Insurance Portability and Accountability Act (HIPAA Act) and the Health Information Technology for Economic and Clinical Health Act (HITECH Act).

(f) Duplicated digital records shall be of the same quality as the original digital file.

(4) If a records summary is requested by patient or patient’s guardian, the actual cost of creating this summary and its transmittal may be billed to the patient or patient’s guardian.

(5) Patient records or summaries may not be withheld from the patient because of any prior unpaid bills, except as provided in (1)(a)(B) of this rule.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679
OBD 1-2023, amend filed 06/20/2023, effective 07/01/2023
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17

Or. Admin. R. 818-012-0040 Infection Control Guidelines

In determining what constitutes unacceptable patient care with respect to infection control, the Board may consider current infection control guidelines such as those of the Centers for Disease Control and Prevention and the American Dental Association.

(1) Additionally, licensees must comply with the following requirements:

(a) Disposable gloves shall be worn whenever placing fingers into the mouth of a patient or when handling blood or saliva contaminated instruments or equipment. Appropriate hand hygiene shall be performed prior to gloving.

(b) Masks and protective eyewear or chin-length shields shall be worn by licensees and other dental care workers when spattering of blood or other body fluids is likely.

(d) Environmental surfaces that are contaminated by blood or saliva shall be disinfected with a chemical germicide which is mycobactericidal at use.

(e) Impervious backed paper, aluminum foil, or plastic wrap may be used to cover surfaces that may be contaminated by blood or saliva and are difficult or impossible to disinfect. The cover shall be replaced between patients.

(f) All contaminated wastes and sharps shall be disposed of according to any governmental requirements.

(2) Licensees must comply with the requirement that heat sterilizing devices shall be tested for proper function by means of a biological monitoring system that indicates micro-organisms kill each calendar week in which scheduled patients are treated. Testing results shall be retained by the licensee for the current calendar year and the two preceding calendar years.

History

Statutory/Other Authority: ORS 679.120, 679.250(7), 680.075 & 680.150
Statutes/Other Implemented: ORS 679.140, 679.140(4) & 680.100
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 3-2013, f. 10-24-13, cert. ef. 1-1-14
OBD 1-2008, f. 11-10-08, cert. ef. 12-1-08
OBD 1-2004, f. 5-27-04, cert. ef. 6-1-04
DE 2-1992, f. & cert. ef. 6-24-92
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89

Or. Admin. R. 818-012-0060 Failure to Cooperate with Board

(1) No licensee shall:

(a) Fail to report to the Board violations of the Dental Practice Act.

(b) Use threats or harassment to delay or obstruct any person in providing evidence in any investigation, contested case, or other legal action instituted by the Board.

(c) Discharge an employee based primarily on the employee's attempt to comply with or aid in the compliance with the Dental Practice Act.

(d) Use threats or harassment to obstruct or delay the Board in carrying out its functions under the Dental Practice Act.

(e) Deceive or attempt to deceive the Board with respect to any matter under investigation including altering or destroying any records.

(f) Make an untrue statement on any document, letter, or application submitted to the Board.

(g) Fail to temporarily surrender custody of original patient records to the Board when the Board makes a written request for the records. For purposes of this rule, the term records includes, but is not limited to, the jacket, treatment charts, models, radiographs, photographs, health histories, billing documents, correspondence and memoranda.

(h) Fail to cooperate with the Board during the course of an investigation.

(2) No applicant shall:

(a) Deceive or attempt to deceive the Board with respect to any matter under investigation including altering or destroying any records.

(b) Make an untrue statement on any document, letter, or application submitted to the Board.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.060(4), 679.170(5), 679.250(8), 679.290, 679.310(1), 680.050(4) & 680.100
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 1-2008, f. 11-10-08, cert. ef. 12-1-08
DE 2-1997, f. & cert. ef. 2-20-97
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-011-0050
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 9-1984, f. & cert. ef. 5-17-84

Or. Admin. R. 818-012-0070 Patient Records

(1) Each licensee shall have prepared and maintained an accurate and legible record for each person receiving dental services, regardless of whether any fee is charged. The record shall contain the name of the licensee rendering the service and include:

(a) Name and address and, if a minor, name of guardian;

(b) Date description of examination and diagnosis;

(c) An entry that informed consent has been obtained and the date the informed consent was obtained. Documentation may be in the form of an acronym such as "PARQ" (Procedure, Alternatives, Risks and Questions) or its equivalent.

(d) Date and description of treatment or services rendered;

(e) Date, description and documentation of informing the patient of any recognized treatment

complications;

(f) Date and description of all radiographs, study models, and periodontal charting;

(g) Current health history; and

(h) Date, name of, quantity of, and strength of all drugs dispensed, administered, or prescribed.

(2) Each licensee shall have prepared and maintained an accurate record of all charges and payments for services including source of payments.

(3) Each licensee shall maintain patient records and radiographs for at least seven years from the date of last entry unless:

(a) The patient requests the records, radiographs, and models be transferred to another licensee who shall maintain the records and radiographs;

(b) The licensee gives the records, radiographs, or models to the patient; or

(4) When a dental implant is placed the following information must be given to the patient in writing and maintained in the patient record:

(a) Manufacture brand;

(b) Design name of implant;

(d) Lot number;

(e) Reference number;

(f) Expiration date;

(g) Product labeling containing the above information may be used in satisfying this requirement.

(5) When changing practice locations, closing a practice location or retiring, each licensee must retain patient records for the required amount of time or transfer the custody of patient records to another licensee licensed and practicing dentistry in Oregon. Transfer of patient records pursuant to this section of this rule must be reported to the Board in writing within 14 days of transfer, but not later than the effective date of the change in practice location, closure of the practice location or retirement. Failure to transfer the custody of patient records as required in this rule is unprofessional conduct.

(6) Upon the death or permanent disability of a licensee, the administrator, executor, personal representative, guardian, conservator or receiver of the former licensee must notify the Board in writing of the management arrangement for the custody and transfer of patient records. This individual must ensure the security of and access to patient records by the patient or other authorized party, and must report arrangements for permanent custody of patient records to the Board in writing within 90 days of the death of the licensee.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.140(1)(e) & 679.140(4)
OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 7-2001, f. & cert. ef. 1-8-01
DE 1-1990, f. 3-19-90, cert. ef. 4-2-90
DE 1-1989, f. 1-27-90, cert. ef. 2-1-90, Renumbered from 818-011-0060
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 9-1984, f. & cert. ef. 5-17-84

Or. Admin. R. 818-012-0075 Administration of Local Anesthesia — Lip Color Procedures

A dentist licensed in Oregon may administer local anesthesia to a person who proposes to receive permanent lip color and/or permanent hair removal in the lip area from a permanent color technician/tattoo artist or an electrologist licensed under ORS 690.350 to 690.430. Prior to the administration of local anesthesia for this purpose, the licensed dentist shall:

(1) Receive a written order from a licensed permanent color technician/tattoo artist or a licensed electrologist, which shall be maintained in the patient record;

(2) Obtain a current health history;

(3) Perform an oral examination; and

(4) Create and maintain a patient record as required by OAR 818-012-0070.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.500
OBD 1-2004, f. 5-27-04, cert. ef. 6-1-04
OBD 6-2000, f. 6-22-00, cert. ef. 7-1-00

Or. Admin. R. 818-012-0080 Improper Prescription Practices

(1) In conjunction with dental treatment, a dentist may prescribe, dispense, or administer medications relevant to the care being provided.

(2) It is improper to prescribe or dispense drugs outside the scope of the practice of dentistry or in a manner that impairs the health and safety of an individual including:

(a) Prescribing or dispensing drugs in such amounts as to constitute a departure from the prevailing standards of acceptable dental practice; and

(b) Prescribing or dispensing controlled substances for persons who are not patients of record in the dentist's practice unless the dentist is acting on behalf of the dentist of record.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.140(2)(h) & 680.100
OBD 13-2001, f. & cert. ef. 4-18-01
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-011-0070
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 9-1984, f. & cert. ef. 5-17-84

Or. Admin. R. 818-012-0090 Obtaining Controlled Substances

(1) No licensee shall obtain or attempt to obtain any controlled substance by any misrepresentation or subterfuge.

(2) No licensee shall prescribe any controlled substance for the licensee’s personal consumption.

(3) No licensee shall purchase any controlled substance for the licensee’s personal consumption other than by prescription from a licensed practitioner in conjunction with treatment to the licensee.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.140(2)(g) & 680.100
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89

Or. Admin. R. 818-012-0100 Controlled Substances Record Keeping Requirements

(1) Each dentist shall have a current and constant inventory of all controlled substances.

(2) Each time a dentist dispenses any drug listed on Schedule II of the Drug Abuse Prevention and Control Act, 21 U.S.C., Sec 812, the dentist shall record the following information on a readily retrievable record of dispensing maintained separate from patient records:

(a) Name of each patient;

(b) Name, strength, and quantity of the drug dispensed; and

(3) Each dentist shall:

(a) Maintain a record of any controlled substance lost, destroyed, or stolen which shall include the name and quantity of the controlled substance and the date of such loss, destruction or theft; and

(b) Report the loss, destruction, or theft to the United States Drug Enforcement Administration regional office.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.140(2)(g) & 679.140(2)(h)
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-011-0100
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 9-1984, f. & ef. 5-17-84

Or. Admin. R. 818-012-0110 Extension of Authority to Operate a Dental Practice

(1) Upon the death or disability of a shareholder dentist, the administrator, executor, personal representative, guardian, conservator or receiver of the former dentist shareholder shall notify the Board in writing of the management arrangement for the dental practice.

(2) At least 30 days prior to the expiration of an initial 12-month period following the creation of an ownership interest described in ORS 679.020(7), the administrator, executor, personal representative, guardian, conservator or receiver of the former dentist shareholder shall submit to the Board a written request for extension of authority to continue maintaining and operating a dental practice. One 12-month extension (for a total of 24 months) shall be automatically granted.

(3) Any request for extension beyond 24 months shall be submitted in writing to the Board at least 60 days prior to the expiration of the 24-month period. The Board on a case-by-case basis shall review such requests.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.020
OBD 1-2004, f. 5-27-04, cert. ef. 6-1-04

Or. Admin. R. 818-012-0120 Compliance with Governor's Executive Orders

(1) During a declared emergency, unprofessional conduct includes failing to comply with any applicable provision of a Governor’s Executive Order or any provision of this rule.

(2) Failing to comply as described in subsection (1) includes, but is not limited to:

(a) Operating a business required by an Executive Order to be closed under any current Executive Order.

(b) Providing services at a business required by an Executive Order to be closed under any current Executive Order.

(c) Failing to comply with Oregon Health Authority (OHA) guidance implementing an Executive Order, including but not limited to:

(A) Failing to satisfy required criteria in OHA guidance prior to resuming elective and non-emergent procedures;

(B) Failing to implement a measured approach when resuming elective and nonemergent procedures in accordance with OHA guidance;

(d) Failing to comply with any Board of Dentistry guidance implementing an Executive Order;

(3) No disciplinary action or penalty action shall be taken under this rule if the Executive Order alleged to have been violated is not in effect at the time of the alleged violation.

(4) Penalties for violating this rule include: up to $5,000 per violation pursuant to ORS 679.140(10). Any such penalties shall be imposed in accordance with ORS 679.140.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679
OBD 1-2021, adopt filed 11/08/2021, effective 01/01/2022

Division 13 HEALTH PROFESSIONALS’ SERVICES PROGRAM

Or. Admin. R. 818-013-0001 Definitions

For the purpose of this section, the following definitions apply:

(1) “Confidential” means that, to the highest degree possible, the identities of the licensees investigated for alleged addiction to, dependence upon, or abuse of alcohol, drugs, and mind altering substances, or mental health disorders, and who have a diagnosed substance abuse disorder or mental health disorder, will be kept confidential by the Board and not be a matter of public record.

(2) “Diagnosis” means the principal mental health or substance use diagnosis listed in the DSM. The diagnosis is determined through the evaluation and any examinations, tests, or consultations suggested by the evaluation, and is the medically appropriate reason for services.

(3) “Direct Observe” means that a collection taker is in the restroom with donor and observes the providing of the sample throughout the entire process.

(4) “Diversion Coordinator” means the individual(s) authorized by the Board and the Executive Director to know the identities of the licensees who are candidates for or who are enrolled in HPSP.

(5) “Division” means the Oregon Health Authority, Addictions and Mental Health Division.

(6) “DSM” means the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association.

(7) “Evaluation” means the process a Board approved, independent evaluator uses to diagnose the licensee’s symptoms and to recommend treatment options for the licensee.

(8) “Health Professionals’ Services Program” (HPSP) means the consolidated, statewide health professionals program for licensees diagnosed with a substance use disorder, a mental health disorder, or both types of disorders, as established by ORS 676.190.

(9) “Independent evaluator” means a Board approved individual or entity qualified to evaluate, diagnose, and recommend treatment regimens for substance abuse disorders, mental health disorders, or co-occurring disorders.

(10) “Mental health disorder” means a clinically significant behavioral or psychological syndrome or pattern that occurs in an individual and that is associated with present distress or disability or with a significantly increased risk of suffering death, pain, disability, or an important loss of freedom that is identified in the DSM. “Mental health disorder” includes gambling disorders.

(11) “Monitoring agreement” means an individualized agreement between a licensee and the HPSP vendor that meets the requirements for a diversion agreement set by ORS 676.190.

(12) “Monitoring Entity” means an independent third-party that monitors licensees’ program enrollment statuses and monitoring agreement compliance.

(13) “Non-disciplinary” means the Board will not take disciplinary action or enter disciplinary orders against a licensee who agrees to enter into the HPSP and remains compliant with that program.

(14) “Non-identifying” means a system where the licensee is referred to by number rather than name and the licensee’s identity remains confidential to the Board.

(15) “Program” means the process whereby allegations of addiction to, dependence upon, or abuse of alcohol, drugs, or mind altering substances or mental health disorders are investigated, evaluated, and reported to the Board for action.

(16) “Substance Use Disorders” means disorders related to the taking of a drug of abuse including alcohol, to the side effects of a medication, and to a toxin exposure. The disorders include substance use disorders such as substance dependence and substance abuse, and substance-induced disorders, including substance intoxication, withdrawal, delirium, and dementia, as well as substance induced psychotic disorder, mood disorder, etc., as defined in DSM criteria.

(17) “Substantial non-compliance” means that a licensee is in violation of the terms of his or her monitoring agreement in a way that gives rise to concerns about the licensee’s ability or willingness to participate in the program. Substantial non-compliance and non-compliance include, but are not limited to, the factors listed in ORS 676.190(1)(f). Conduct that occurred before a licensee entered into a monitoring agreement does not violate the terms of that monitoring agreement.

(18) “Successful completion” means the licensee has complied with the licensee’s monitoring agreement to the satisfaction of the Board.

(19) “Toxicology testing” means urine testing or alternative chemical monitoring including, but not limited to blood, saliva, or breath as conducted by a laboratory certified, accredited or licensed and approved for toxicology testing.

(20) “Treatment” means the planned, specific, individualized health and behavioral-health procedures, activities, services and supports that a treatment provider uses to remediate symptoms of a substance use disorder, mental health disorder or both types of disorders.

(21) “Vendor” means the entity that has contracted with the Division to conduct the program.

(22) “Voluntary” means that the Board cannot compel a licensee to enter the HPSP.

History

Statutory/Other Authority: ORS 676, 679 & 680
Statutes/Other Implemented: 676.185, 676.190, 676.195, 676.200 & 676.140(e)
OBD 3-2013, f. 10-24-13, cert. ef. 1-1-14
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 1-2011, f. 1-11-11, cert. ef. 2-1-11
OBD 2-2010(Temp), f. & cert. ef. 8-6-10 thru 2-1-11

Or. Admin. R. 818-013-0005 Participation in Health Professionals’ Services Program

(1) Effective July 1, 2010, the Board participates in the Health Professionals’ Services Program (HPSP).

(a) The Board establishes procedures to process cases of licensees preparatory to transfer to HPSP.

(b) The procedures will be confidential, non-disciplinary, and voluntary.

(c) The Executive Director will have overall management responsibilities for the procedures. The Executive Director will designate Board staff to serve as Diversion Coordinator(s) who will manage and conduct investigations and report to the Board.

(d) The Diversion Coordinator(s) will investigate information related to addiction to, dependence upon, or abuse of alcohol, drugs, or mind altering substances or mental health disorders, by licensees and provide licensees with resources for evaluations, if appropriate.

(2) Only licensees of the Board who meet the referral criteria may be referred by the Board to the HPSP.

(a) The Board may refer a licensee to the HPSP in lieu of public discipline.

(b) In the event a licensee declines to submit to an evaluation or declines referral to HPSP, the Diversion Coordinator(s) will present the matter to the Board for decision and the Board’s action may jeopardize the confidential nature of licensee’s status as a candidate for, or enrollment in, HPSP.

History

Statutory/Other Authority: ORS 676, 679 & 680
Statutes/Other Implemented: ORS 676.185, 676.190, 676.195, 676.200 & 676.140(e)
OBD 3-2013, f. 10-24-13, cert. ef. 1-1-14
OBD 1-2011, f. 1-11-11, cert. ef. 2-1-11
OBD 2-2010(Temp), f. & cert. ef. 8-6-10 thru 2-1-11

Or. Admin. R. 818-013-0010 Procedures for Board Referrals

(1) When the Board receives information involving a licensee who may have a substance related disorder, mental disorder, or both types of disorders, the Board staff will investigate and complete a non-identifying confidential report to be presented at a Board meeting.

(2) The Board will consider all relevant factors before determining whether to refer a licensee to the HPSP, including but not limited to licensee’s disciplinary history; the severity and duration of the licensee’s impairment; the extent to which licensee’s practice can be limited or managed to eliminate danger to the public; and the likelihood that licensee’s impairment can be managed with treatment.

(3) If a licensee meets referral criteria and the Board approves entry into the HPSP, the Board will provide a written referral to HPSP.

History

Statutory/Other Authority: ORS 676, 679 & 680
Statutes/Other Implemented: ORS 676.185, 676.190, 676.195, 676.200 & 676.140(e)
OBD 1-2011, f. 1-11-11, cert. ef. 2-1-11
OBD 2-2010(Temp), f. & cert. ef. 8-6-10 thru 2-1-11

Or. Admin. R. 818-013-0015 Referral of Licensees to the HPSP

(1) A Board referral to HPSP will include, at a minimum:

(a) Copies of documents from a Board approved independent evaluator which provide a diagnosis of a substance related disorder or a mental health disorder or both disorders, and provide treatment options;

(b) A written statement from the Board as to whether the licensee’s impairment presents, or presented, a danger to the public;

(c) A written statement from the licensee agreeing to enter the HPSP in lieu of discipline and agreeing to abide by all of the terms and conditions established by the vendor;

(d) A written statement that the licensee has agreed to report any arrest for or conviction of a misdemeanor or felony crime to the Board within three (3) business days after the licensee is arrested or convicted; and

(e) A letter of instruction to the vendor detailing the additional agreement provisions required by the Board.

(2) For referral to HPSP, the licensee shall:

(a) Sign an Agreement to Enter the Health Professionals’ Services Program.

(b) Provide written authorization allowing for the release of documents by the Board to the HPSP vendor, and permit the verbal exchange of information between the Board and the HPSP vendor.

(c) Within one (1) business day of the effective date of the Agreement to Enter the Health Professionals’ Services Program, licensee will make contact with the HPSP vendor to initiate procedures to enter HPSP.

History

Statutory/Other Authority: ORS 676, 679 & 680
Statutes/Other Implemented: ORS 676.185, 676.190, 676.195, 676.200 & 676.140(e)
OBD 1-2011, f. 1-11-11, cert. ef. 2-1-11
OBD 2-2010(Temp), f. & cert. ef. 8-6-10 thru 2-1-11

Or. Admin. R. 818-013-0020 Additional Required Provisions

(1) Prior to referral to HPSP, the licensee shall agree, by written statement, to waive any privilege with respect to any physical, psychiatric, psychological, or substance use treatment, in favor of the Board; and to execute waivers or releases with any and all health care providers to permit exchange of information between the health care providers and the Board.

(2) Monitoring agreement will be for a minimum of five (5) years, or as determined by the Board.

(3) Urinalysis testing shall be directly observed.

(4) Licensee shall assure that at all times the Board has the most current information regarding licensee’s address and telephone numbers for both residences and employments.

(5) Licensee will be responsible for all costs for treatment including, but not limited to, evaluations, residential treatment, after care regimens, group therapy programs, counseling, and toxicology testing. Failure to meet those financial obligations may constitute substantial non-compliance.

(6) As warranted, the Board shall add any additional agreement provisions and will convey those to the vendor by letter of instruction.

History

Statutory/Other Authority: ORS 676, 679 & 680
Statutes/Other Implemented: ORS 676.185, 676.190, 676.195, 676.200 & 676.140(e)
OBD 1-2011, f. 1-11-11, cert. ef. 2-1-11
OBD 2-2010(Temp), f. & cert. ef. 8-6-10 thru 2-1-11

Or. Admin. R. 818-013-0025 Approval of Independent Evaluators

(1) To be approved by the Board as an independent evaluator, an evaluator must be:

(a) Licensed as required by the jurisdiction in which the evaluator works; and

(b) Able to provide a comprehensive assessment of and written report describing a licensee’s diagnosis, degree of impairment, and treatment options.

(2) The Board will not accept an independent evaluator in a particular case if, in the Board’s judgment, the evaluator’s judgment is likely to be influenced by a personal or professional relationship with a licensee.

(3) The Board will maintain a list of approved independent evaluators on the Board’s Web site at www.oregon.gov/Dentistry.

History

Statutory/Other Authority: ORS 676, 679 & 680
Statutes/Other Implemented: ORS 676.185, 676.190, 676.195, 676.200 & 676.140(e)
OBD 1-2011, f. 1-11-11, cert. ef. 2-1-11
OBD 2-2010(Temp), f. & cert. ef. 8-6-10 thru 2-1-11

Or. Admin. R. 818-013-0030 Approval of Treatment Providers

(1) To be approved by the Board as a treatment provider, a provider must be:

(a) Licensed as required by the jurisdiction in which the provider works; and

(b) Able to provide appropriate treatment considering licensee’s diagnosis, degree of impairment, and treatment options proposed by the independent evaluator.

(2) The Board will not accept a provider as a treatment provider in a particular case if, in the Board’s judgment, the treatment provider’s judgment is likely to be influenced by a personal or professional relationship with a licensee.

(3) The Board will maintain a list of approved treatment providers on the Board’s Web site at www.oregon.gov/Dentistry.

History

Statutory/Other Authority: ORS 676, 679 & 680
Statutes/Other Implemented: ORS 676.185, 676.190, 676.195, 676.200 & 676.140(e)
OBD 1-2011, f. 1-11-11, cert. ef. 2-1-11
OBD 2-2010(Temp), f. & cert. ef. 8-6-10 thru 2-1-11

Or. Admin. R. 818-013-0035 Non-Compliance Action

The Board, upon being notified of a licensee’s substantial non-compliance, will investigate and determine the appropriate sanction which may include, but is not limited to, a limitation of licensee’s practice and any other sanction, up to and including termination from HPSP and formal discipline. In the event the HPSP vendor or the monitoring entity reports a matter of non-compliance to the Diversion Coordinator(s), the matter, following an investigation, will be brought to the Board for decision and the Board’s action may jeopardize the confidential nature of licensee’s enrollment in HPSP.

History

Statutory/Other Authority: ORS 676, 679 & 680
Statutes/Other Implemented: ORS 676.185, 676.190, 676.195, 676.200 & 676.140(e)
OBD 1-2011, f. 1-11-11, cert. ef. 2-1-11
OBD 2-2010(Temp), f. & cert. ef. 8-6-10 thru 2-1-11

Division 15 ADVERTISING

Or. Admin. R. 818-015-0005 General Provisions

(1) "To advertise" means to publicly communicate information about a licensee's professional services or qualifications for the purpose of soliciting business.

(2) Advertising shall not be false, deceptive, misleading or not readily subject to verification and shall not make claims of professional superiority which cannot be substantiated by the licensee, who shall have the burden of proof.

(3) Advertising shall not make a representation that is misleading as to the credentials, education, or the licensing status of a licensee. Licensee may not claim a degree, credential, or distinction granted by a professional organization or institution of higher learning that has not been earned.

(4) A licensee who authorizes another to disseminate information about the licensee's professional services to the public is responsible for the content of that information unless the licensee can prove by clear and convincing evidence that the content of the advertisement is contrary to the licensee's specific directions.

(5) A dentist shall adhere to the Doctors’ Title Act, ORS 676.110 (Use of title “doctor”).

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.140(2)(e)
OBD 1-2023, amend filed 06/20/2023, effective 07/01/2023
OBD 1-2008, f. 11-10-08, cert. ef. 12-1-08
DE 3-1997, f. & cert. ef. 8-27-97
DE1-1989, f. 1-27-89, cert. ef. 2-1-89
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89

Division 21 EXAMINATION AND LICENSING

Or. Admin. R. 818-021-0010 Application for License to Practice Dentistry

(1) An applicant to practice general dentistry, in addition to the requirements set forth in ORS 679.060 and 679.065, shall submit to the Board satisfactory evidence of:

(a) Having graduated from a school of dentistry accredited by the Commission on Dental Accreditation of the American Dental Association; or

(c) Certification of having passed the dental examination administered by the Joint Commission on National Dental Examinations or Canadian National Dental Examining Board Examination.

(2) An applicant who has not met the educational requirements for licensure may apply for examination if the Dean of an accredited school certifies the applicant will graduate.

(3) An applicant must pass a Board examination consisting of a clinical portion administered by the Board, or any clinical Board examination administered by any state, or regional testing agency, national testing agency or other Board-recognized testing agency and a jurisprudence portion administered by the Board. Clinical examination results will be recognized by the Board for five years.

(4) A person who fails any Board approved clinical examination three times must successfully complete the remedial training recommended by the testing agency. Such remedial training must be conducted by a dental school accredited by the Commission on Dental Accreditation of the American Dental Association.

(5) Prior to initial licensure, an applicant must complete a one-hour pain management course specific to Oregon provided by the Pain Management Commission of the Oregon Health Authority (Effective July 1, 2022).

History

Statutory/Other Authority: ORS 670 & 679
Statutes/Other Implemented: ORS 679.060, 679.065, 679.070 & 679.080
OBD 2-2021, amend filed 11/08/2021, effective 07/01/2022
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 3-2005, f. 10-26-05, cert. ef. 11-1-05
OBD 1-2004, f. 5-27-04, cert. ef. 6-1-04
OBD 4-2001, f. & cert. ef. 1-8-01
DE 5-1997, f. & cert. ef. 12-31-97
DE 1-1997, f. & cert. ef. 1-2-97
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-20-053 & 818-20-055
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 7-1985, f. & cert. ef. 11-1-85
DE 10-1984, f. & cert. ef. 5-17-84

Or. Admin. R. 818-021-0011 Application for License to Practice Dentistry Without Further Examination

(1) The Oregon Board of Dentistry may grant a license without further examination to a dentist who holds a license to practice dentistry in another state or states if the dentist meets the requirements set forth in ORS 679.060 and 679.065 and submits to the Board satisfactory evidence of:

(a) Having graduated from a school of dentistry accredited by the Commission on Dental Accreditation of the American Dental Association; or

(b) Having graduated from a dental school located outside the United States or Canada, completion of a predoctoral dental education program of not less than two years at a dental school accredited by the Commission on Dental Accreditation of the American Dental Association or completion of a postdoctoral General Dentistry Residency program of not less than two years at a dental school accredited by the Commission on Dental Accreditation of the American Dental Association, and proficiency in the English language; and

(c) Having passed the dental clinical examination conducted by a regional testing agency, by a state dental licensing authority, by a national testing agency or other Board-recognized testing agency; and

(d) Holding an active license to practice dentistry, without restrictions, in any state; including documentation from the state dental board(s) or equivalent authority, that the applicant was issued a license to practice dentistry, without restrictions, and whether or not the licensee is, or has been, the subject of any final or pending disciplinary action; and

(e) Having conducted licensed clinical practice in Oregon, other states or in the Armed Forces of the United States, the United States Public Health Service or the United States Department of Veterans Affairs for a minimum of 3,500 hours in the five years immediately preceding application. Licensed clinical practice could include hours devoted to teaching by dentists employed by a dental education program in a CODA accredited dental school, with verification from the dean or appropriate administration of the institution documenting the length and terms of employment, the applicant's duties and responsibilities, the actual hours involved in teaching clinical dentistry, and any adverse actions or restrictions; and

(f) Having completed 40 hours of continuing education in accordance with the Board's continuing education requirements contained in these rules within the two years immediately preceding application.

(2) Applicants must pass the Board's Jurisprudence Examination.

(3) Prior to initial licensure, an applicant must complete a one-hour pain management course specific to Oregon provided by the Pain Management Commission of the Oregon Health Authority (Effective July 1, 2022).

(4) A dental license granted under this rule will be the same as the license held in another state; i.e., if the dentist holds a general dentistry license, the Oregon Board will issue a general (unlimited) dentistry license. If the dentist holds a license limited to the practice of a specialty, the Oregon Board will issue a license limited to the practice of that specialty. If the dentist holds more than one license, the Oregon Board will issue a dental license which is least restrictive.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.060, 679.065, 679.070, 679.080 & 679.090
OBD 2-2021, amend filed 11/08/2021, effective 07/01/2022
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 1-2017, f. 2-13-17, cert. ef. 3-1-17
OBD 1-2006, f. 3-17-06, cert. ef. 4-1-06
OBD 3-2004, f. 11-23-04 cert. ef. 12-1-04
OBD 1-2004, f. 5-27-04, cert. ef. 6-1-04
OBD 1-2003, f. & cert. ef. 4-18-03
Reverted to OBD 15-2001, f. 12-7-01, cert. ef. 1-1-02
OBD 1-2002(Temp), f. & cert. ef. 7-17-02 thru 1-12-03
OBD 15-2001, f. 12-7-01, cert. ef. 1-1-02
OBD 14-2001(Temp), f. 8-2-01, cert. ef. 8-15-01 thru 2-10-02
Reverted to OBD 4-2001, f. & cert. ef. 1-8-01
OBD 12-2001(Temp), f. & cert. ef. 1-9-01 thru 7-7-01
OBD 4-2001, f. & cert. ef. 1-8-01
OBD 4-1999, f. 6-25-99, cert. ef. 7-1-99

Or. Admin. R. 818-021-0012 Specialties Recognized

The Board recognizes the following specialties:

(1) Dental Anesthesiology;

(2) Dental Public Health;

(3) Endodontics;

(4) Oral and Maxillofacial Pathology;

(5) Oral and Maxillofacial Radiology;

(6) Oral and Maxillofacial Surgery;

(7) Oral Medicine;

(8) Orofacial Pain;

(9) Orthodontics and Dentofacial Orthopedics;

(10) Pediatric Dentistry;

(11) Periodontics;

(12) Prosthodontics.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.140
OBD 1-2023, amend filed 06/20/2023, effective 07/01/2023
OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 2-2009, f. 10-21-09, cert. ef. 11-1-09
OBD 1-2006, f. 3-17-06, cert. ef. 4-1-06
DE 5-1997, f. & cert. ef. 12-31-97

Or. Admin. R. 818-021-0015 Certification as a Specialist

The Board may certify a dentist as a specialist if the dentist:

(1) Holds a current Oregon dental license;

(2) Is a diplomate of or a fellow in a specialty board accredited or recognized by the American Dental Association; or

(3) Has completed a post-graduate program approved by the Commission on Dental Accreditation of the American Dental Association.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.140(2)(d)
OBD 1-2023, amend filed 06/20/2023, effective 07/01/2023
OBD 5-1999, f. 6-25-99, cert. ef. 7-1-99
DE 3-1997, f. & cert. ef. 8-27-97

Or. Admin. R. 818-021-0017 Application to Practice as a Specialist

(1) A dentist who wishes to practice as a specialist in Oregon, who does not have a current Oregon license, in addition to meeting the requirements set forth in ORS 679.060 and 679.065, shall submit to the Board satisfactory evidence of:

(a) Having graduated from a school of dentistry accredited by the Commission on Dental Accreditation of the American Dental Association and active licensure as a general dentist in another state. Licensure as a general dentist must have been obtained as a result of the passage of any clinical Board examination administered by any state or regional testing agency;

(b) Certification of having passed the dental examination administered by the Joint Commission on National Dental Examinations or Canadian National Dental Examining Board Examination; and

(c) Proof of satisfactory completion of a post-graduate specialty program accredited by the Commission on Dental Accreditation of the American Dental Association.

(d) Passing the Board’s jurisprudence examination.

(e) Completion of a one-hour pain management course specific to Oregon provided by the Pain Management Commission of the Oregon Health Authority (Effective July 1, 2022).

(2) A dentist who graduated from a dental school located outside the United States or Canada who wishes to practice as a specialist in Oregon, who does not have a current Oregon license, in addition to meeting the requirements set forth in ORS 679.060 and 679.065, shall submit to the Board satisfactory evidence of:

(a) Completion of a post-graduate specialty program of not less than two years at a dental school accredited by the Commission on Dental Accreditation of the American Dental Association, proficiency in the English language, and evidence of active licensure as a general dentist in another state obtained as a result of the passage of any clinical Board examination administered by any state or regional testing agency; or

(b) Completion of a post-graduate specialty program of not less than two years at a dental school accredited by the Commission on Dental Accreditation of the American Dental Association, proficiency in the English language and certification of having successfully passed the clinical examination administered by any state or regional testing agency within the five years immediately preceding application; and

(c) Certification of having passed the dental examination administered by the Joint Commission on National Dental Examinations or Canadian National Dental Examining Board Examination; and

(d) Passing the Board’s jurisprudence examination; and

(e) Completion of a one-hour pain management course specific to Oregon provided by the Pain Management Commission of the Oregon Health Authority (Effective July 1, 2022).

(3) An applicant who meets the above requirements shall be issued a specialty license upon:

(a) Passing a specialty examination approved by the Board within the five years immediately preceding application; or

(b) Passing a specialty examination approved by the Board greater than five years prior to application; and

(A) Having conducted licensed clinical practice in the applicant’s postdoctoral dental specialty in Oregon, other states or in the Armed Forces of the United States, the United States Public Health Service or the United States Department of Veterans Affairs for a minimum of 3,500 hours in the five years immediately preceding application. Licensed clinical practice could include hours devoted to teaching the applicant’s dental specialty by dentists employed by a dental education program in a CODA-accredited dental school, with verification from the dean or appropriate administration of the institution documenting the length and terms of employment, the applicant's duties and responsibilities, the actual hours involved in teaching clinical dentistry in the specialty applicant is applying for, and any adverse actions or restrictions; and;

(B) Having completed 40 hours of continuing education in accordance with the Board's continuing education requirements contained in these rules within the two years immediately preceding application.

(4) Any applicant who does not pass the first examination for a specialty license may apply for a second and third regularly scheduled specialty examination. If the applicant fails to pass the third examination for the practice of a recognized specialty, the applicant will not be permitted to retake the particular specialty examination until he/she has attended and successfully passed a remedial program prescribed by a dental school accredited by the Commission on Dental Accreditation of the American Dental Association and approved by the Board.

(5) Licenses issued under this rule shall be limited to the practice of the specialty only.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.140, 679.060, 679.065, 679.070 & 679.080 679.090
OBD 1-2023, amend filed 06/20/2023, effective 07/01/2023
OBD 2-2021, amend filed 11/08/2021, effective 07/01/2022
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 2-2011(Temp), f. 5-9-11, cert. ef. 6-1-11 thru 1-27-11
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 1-2008, f. 11-10-08, cert. ef. 12-1-08
OBD 3-2005, f. 10-26-05, cert. ef. 11-1-05
OBD 11-2001, f. & cert. ef. 1-8-01
OBD 5-1999, f. 6-25-99, cert. ef. 7-1-99
OBD 2-1999(Temp), f. 3-10-99, cert. ef. 3-15-99 thru 9-10-99
DE 4-1997, f. & cert. ef. 12-31-97

Or. Admin. R. 818-021-0018 License for Active-Duty Members of the Uniformed Services and their Spouses or Domestic Partners Stationed in Oregon

(1) A license to practice dentistry, dental hygiene, or dental therapy shall be issued to Active-Duty Members of the Uniformed Services or their spouse or domestic partner when the following requirements are met:

(a) A completed application and payment of fee is received by the Board; and

(b) Submission of a copy of the military orders assigning the active-duty member to an assignment in Oregon; and

(c) The spouse holds a current license in another state to practice dentistry, dental hygiene, or dental therapy at the level of application; and

(d) The license is in good standing and verified as active and current through processes defined by the Board; and

The license shall remain active for the duration of the above-mentioned military orders.

(2) Each biennium, the licensee shall submit to the Board a Biennial Military Status Confirmation Form. The confirmation form shall include the following:

(a) Licensee's full name:

(b) Licensee’s mailing address;

(c) Licensee’s business address including street and number. If the licensee has no business address, licensee’s home address including street and number;

(d) Licensee’s business telephone number. If the licensee has no business telephone number, licensee’s home telephone number;

(e) Licensee’s employer or person with whom the licensee is on contract;

(f) Licensee’s assumed business name;

(g) Licensee’s type of practice or employment;

(h) A statement that the licensee has met the continuing educational requirements for their specific license renewal set forth in OAR 818-021-0060 or OAR 818-021- 0070 or OAR 818-021-0076;

(i) Identity of all jurisdictions in which the licensee has practiced during the two past years;

(j) A statement that the licensee has not been disciplined by any licensing board of any other jurisdiction or convicted of a crime; and

(k) Confirmation of current active-duty status of service member.

History

Statutory/Other Authority: Oregon Laws 2019, Chapter142, Section 1 & ORS 679.600
Statutes/Other Implemented: ORS 679.600
OBD 2-2024, amend filed 10/28/2024, effective 01/01/2025
OBD 1-2020, adopt filed 06/21/2020, effective 06/22/2020
OBD 3-2019, temporary adopt filed 10/29/2019, effective 01/01/2020 through 06/28/2020

Or. Admin. R. 818-021-0020 Application for License to Practice Dental Hygiene

(1) An applicant to practice dental hygiene, in addition to the requirements set forth in ORS 680.040 and 680.050, shall submit to the Board satisfactory evidence of:

(a) Having graduated from a dental hygiene program accredited by the Commission on Dental Accreditation of the American Dental Association; or

(b) Having graduated from a dental hygiene program located outside the United States or Canada, completion of not less than one year in a program accredited by the Commission on Dental Accreditation of the American Dental Association, and proficiency in the English language; and

(c) Certification of having passed the dental hygiene examination administered by the Joint Commission on National Dental Examinations or the Canadian National Dental Hygiene Certificate Examination.

(2) An applicant who has not met the educational requirements for licensure may apply if the Director of an accredited program certifies the applicant will graduate.

(3) An applicant must pass a Board examination consisting of a clinical portion administered by the Board, or any clinical Board examination administered by any state, regional testing agency, national testing agency or other Board-recognized testing agency and a jurisprudence portion administered by the Board. Clinical examination results will be recognized by the Board for five years.

(4) A person who fails any Board approved clinical examination three times must successfully complete the remedial training recommended by the testing agency. Such remedial training must be conducted by a dental hygiene program accredited by the Commission on Dental Accreditation of the American Dental Association.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.010, 680.040, 680.050, 680.060 & 680.070
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 3-2005, f. 10-26-05, cert. ef. 11-1-05
OBD 1-2004, f. 5-27-04, cert. ef. 6-1-04
OBD 4-2001, f. & cert. ef. 1-8-01
DE 5-1997, f. & cert. ef. 12-31-97
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-20-053 & 818-20-055
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 7-1985, f. & cert. ef. 11-1-85
DE 29-1977, f. & cert. ef. 3-2-77
DE 15-1972, f. 1-20-72, cert. ef. 2-10-72

Or. Admin. R. 818-021-0025 Application for License to Practice Dental Hygiene Without Further Examination

(1) The Oregon Board of Dentistry may grant a license without further examination to a dental hygienist who holds a license to practice dental hygiene in another state or states if the dental hygienist meets the requirements set forth in ORS 680.040 and 680.050 and submits to the Board satisfactory evidence of:

(a) Having graduated from a dental hygiene program accredited by the Commission on Dental Accreditation of the American Dental Association; or

(c) Having passed the clinical dental hygiene examination conducted by a regional testing agency, by a state dental or dental hygiene licensing authority, by a national testing or other Board-recognized testing agency; and

(d) Holding an active license to practice dental hygiene, without restrictions, in any state; including documentation from the state dental board(s) or equivalent authority, that the applicant was issued a license to practice dental hygiene, without restrictions, and whether or not the licensee is, or has been, the subject of any final or pending disciplinary action; and

(e) Having conducted licensed clinical practice in Oregon, in other states or in the Armed Forces of the United States, the United States Public Health Service, the United States Department of Veterans Affairs for a minimum of 3,500 hours in the five years immediately preceding application. Licensed clinical practice could include hours devoted to teaching by dental hygienists employed by a CODA accredited dental hygiene program with verification from the dean or appropriate administration of the institution documenting the length and terms of employment, the applicant's duties and responsibilities, the actual hours involved in teaching clinical dental hygiene, and any adverse actions or restrictions; and

(f) Having completed 24 hours of continuing education in accordance with the Board's continuing education requirements contained in these rules within the two years immediately preceding application.

(2) Applicants must pass the Board's Jurisprudence Examination.

History

Statutory/Other Authority: ORS 680
Statutes/Other Implemented: ORS 680.040, 680.050, 680.060, 680.070 & 680.072
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 1-2017, f. 2-13-17, cert. ef. 3-1-17
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 2-2009, f. 10-21-09, cert. ef. 11-1-09
OBD 1-2006, f. 3-17-06, cert. ef. 4-1-06
OBD 3-2004, f. 11-23-04 cert. ef. 12-1-04
OBD 1-2004, f. 5-27-04, cert. ef. 6-1-04
OBD 1-2003, f. & cert. ef. 4-18-03
Reverted to OBD 15-2001, f. 12-7-01, cert. ef. 1-1-02
OBD 1-2002(Temp), f. & cert. ef. 7-17-02 thru 1-12-03
OBD 15-2001, f. 12-7-01, cert. ef. 1-1-02
OBD 14-2001(Temp), f. 8-2-01, cert. ef. 8-15-01 thru 2-10-02
Reverted to OBD 4-2001, f. & cert. ef. 1-8-01
OBD 12-2001(Temp), f. & cert. ef. 1-9-01 thru 7-7-01
OBD 4-2001, f. & cert. ef. 1-8-01
OBD 4-1999, f. 6-25-99, cert. ef. 7-1-99

Or. Admin. R. 818-021-0026 State and Nationwide Criminal Background Checks, Fitness Determinations

(1) The Board requires fingerprints of all applicants for a dental, dental therapy or dental hygiene license to determine the fitness of an applicant. The purpose of this rule is to provide for the reasonable screening of dental and dental hygiene applicants and licensees in order to determine if they have a history of criminal behavior such that they are not fit to be granted or hold a license that is issued by the Board.

(2) These rules are to be applied when evaluating the criminal history of all licensees and applicants for a dental, dental therapy or dental hygiene license and for conducting fitness determinations consistent with the outcomes provided in OAR 125-007-0260.

(3) Criminal records checks and fitness determinations are conducted according to ORS 181A.170 to 181A.215, ORS 670.280 and OAR 125-007-0200 to 127-007-0310.

(a) The Board will request the Oregon Department of State Police to conduct a state and nationwide criminal records check. Any original fingerprint cards will subsequently destroyed.

(b) All background checks must include available state and national data, unless obtaining one or the other is an acceptable alternative.

(c) The applicant or licensee must disclose all arrests, charges, and convictions regardless of the outcome or date of occurrence. Disclosure includes but is not limited to military, dismissed or set aside criminal records.

(4) If the applicant or licensee has potentially disqualifying criminal offender information, the Board will consider the following factors in making a fitness determination:

(a) The nature of the crime;

(b) The facts that support the conviction or pending indictment or that indicates the making of the false statement;

(c) The relevancy, if any, of the crime or the false statement to the specific requirements of the subject individual’s present or proposed position, services, employment, license, or permit; and

(d) Intervening circumstances relevant to the responsibilities and circumstances of the position, services, employment, license, or permit. Intervening circumstances include but are not limited to:

(A) The passage of time since the commission of the crime;

(B) The age of the subject individual at the time of the crime;

(D) The subsequent commission of another relevant crime;

(E) Whether the conviction was set aside and the legal effect of setting aside the conviction; and

(F) A recommendation of an employer.

(e) Any false statements or omissions made by the applicant or licensee; and

(f) Any other pertinent information obtained as part of an investigation.

(5) The Board will make a fitness determination consistent with the outcomes provided in OAR 125-007-0260.

(a) A fitness determination approval does not guarantee the granting or renewal of a license.

(b) An incomplete fitness determination results if the applicant or licensee refuses to consent to the criminal history check, refuses to be fingerprinted or respond to written correspondence, or discontinues the criminal records process for any reason. Incomplete fitness determinations may not be appealed.

(6) The Board may require fingerprints of any licensed Oregon dentist, dental therapist or dental hygienist, who is the subject of a complaint or investigation for the purpose of requesting a state or nationwide criminal records background check.

(7) All background checks shall be requested to include available state and national data, unless obtaining one or the other is an acceptable alternative.

(8) Additional information required. In order to conduct the Oregon and National Criminal History Check and fitness determination, the Board may require additional information from the licensee/applicant as necessary, such but not limited to, proof of identity; residential history; names used while living at each residence; or additional criminal, judicial or other background information.

(9) Criminal offender information is confidential. Dissemination of information received may be disseminated only to people with a demonstrated and legitimate need to know the information. The information is part of the investigation of an applicant or licensee and as such is confidential pursuant to ORS 676.175(1).

(10) The Board will permit the individual for whom a fingerprint-based criminal records check was conducted, to inspect the individual’s own state and national criminal offender records and, if requested by the individual, provide the individual with a copy of the individual’s own state and national criminal offender records.

(11) The Board shall determine whether an individual is fit to be granted a license or permit, based on fitness determinations, on any false statements made by the individual regarding criminal history of the individual, or any refusal to submit or consent to a criminal records check including fingerprint identification, and any other pertinent information obtained as a part of an investigation. If an individual is determined to be unfit, then the individual may not be granted a license or permit. The Board may make fitness determinations conditional upon applicant’s acceptance of probation, conditions, or limitations, or other restrictions upon licensure.

(12) An applicant or licensee may appeal a final fitness determination pursuant to OAR 125-007-0300. Challenges to the accuracy of completeness of criminal history information must be made in accordance with OAR 125-007-0030(7).

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 181, 183, 670.280, 679.060, 679.115, 679.140, 679.160, 680.050, 680.082 & 680.100
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 1-2006, f. 3-17-06, cert. ef. 4-1-06

Or. Admin. R. 818-021-0050 Community Health Experience for Dental and Dental Hygiene Students

Dental hygiene students or full-time students of dentistry may participate in clinical studies off the premises of the school the student is attending if the clinical studies are part of the approved curriculum.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.025(2)(b) & 680.020(2)(b)
OBD 2-2009, f. 10-21-09, cert. ef. 11-1-09
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89

Or. Admin. R. 818-021-0052 Application for License to Practice Dental Therapy

(1) An applicant to practice dental therapy, in addition to the requirements set forth in ORS 679.603 and 679.606, shall submit to the Board satisfactory evidence of:

(a) Having graduated from a dental therapy program accredited by the Commission on Dental Accreditation of the American Dental Association; or

(b) Having successfully completed or graduated from a Board-approved dental therapy education program that includes the procedures outlined in OAR 818-038-0020, and includes at least 500 hours of didactic and hands-on clinical dental therapy practice.

(2) An applicant who has not met the educational requirements for licensure may apply if the Director of an accredited program certifies the applicant will graduate.

(4) A person who fails any Board approved clinical examination three times must successfully complete the remedial training recommended by the testing agency. Such remedial training must be conducted by a dental therapy program accredited by the Commission on Dental Accreditation of the American Dental Association.

History

Statutory/Other Authority: ORS 679, ORS 679.603 & ORS 679.606
Statutes/Other Implemented: ORS 679.603 & ORS 679.606
OBD 1-2022, adopt filed 06/21/2022, effective 07/01/2022

Or. Admin. R. 818-021-0054 Application for License to Practice Dental Therapy Without Further Examination

(1) The Oregon Board of Dentistry may grant a license without further examination to a dental therapist who holds a license to practice dental therapy in another state or states if the dental therapist meets the requirements set forth in ORS 679.603 and 679.606 and submits to the Board satisfactory evidence of:

(a) Having graduated from a dental therapy program accredited by the Commission on Dental Accreditation of the American Dental Association; or

(c) Having passed the clinical dental therapy examination conducted by a regional testing agency, by a state dental or dental therapy licensing authority, by a national testing agency or other Board-recognized testing agency; and

(d) Holding an active license to practice dental therapy, without restrictions, in any state; including documentation from the state dental board(s) or equivalent authority, that the applicant was issued a license to practice dental therapy, without restrictions, and whether or not the licensee is, or has been, the subject of any final or pending disciplinary action; and

(e) Having conducted licensed clinical practice in Oregon, in other states or in the Armed Forces of the United States, the United States Public Health Service, the United States Department of Veterans Affairs for a minimum of 3,500 hours in the five years immediately preceding application. Licensed clinical practice could include hours devoted to teaching by dental therapists employed by a CODA accredited dental therapy program with verification from the dean or appropriate administration of the institution documenting the length and terms of employment, the applicant's duties and responsibilities, the actual hours involved in teaching clinical dental therapy, and any adverse actions or restrictions; and

(f) Having completed 36 hours of continuing education in accordance with the Board's continuing education requirements contained in these rules within the two years immediately preceding application.

(2) Applicants must pass the Board's Jurisprudence Examination.

History

Statutory/Other Authority: ORS 679, ORS 679.603 & ORS 679.606
Statutes/Other Implemented: ORS 679.603 & ORS 679.606
OBD 1-2022, adopt filed 06/21/2022, effective 07/01/2022

Or. Admin. R. 818-021-0060 Continuing Education — Dentists

(1) Each dentist must complete 40 hours of continuing education every two years. Continuing education (C.E.) must be directly related to clinical patient care or the practice of dental public health.

(2) Dentists must maintain records of successful completion of continuing education for at least four licensure years consistent with the licensee's licensure cycle. (A licensure year for dentists is April 1 through March 31.) The licensee, upon request by the Board, shall provide proof of successful completion of continuing education courses.

(3) Continuing education includes:

(a) Attendance at lectures, dental study groups, college post-graduate courses, or scientific sessions at conventions.

(b) Research, graduate study, teaching or preparation and presentation of scientific sessions. No more than 12 hours may be in teaching or scientific sessions. (Scientific sessions are defined as scientific presentations, table clinics, poster sessions and lectures.)

(c) Correspondence courses, videotapes, distance learning courses or similar self-study course, provided that the course provides a certificate of completion to the dentist. The certificate of completion should list the dentist’s name, course title, course completion date, course provider name, and continuing education hours completed.

(d) Continuing education credit can be given for volunteer pro bono dental services provided in the state of Oregon; community oral health instruction at a public health facility located in the state of Oregon; authorship of a publication, book, chapter of a book, article or paper published in a professional journal; participation on a state dental board, peer review, or quality of care review procedures; successful completion of the National Board Dental Examinations taken after initial licensure; a recognized specialty examination taken after initial licensure; or test development for clinical dental, dental hygiene or specialty examinations. No more than 6 hours of credit may be in these areas.

(4) At least three hours of continuing education must be related to medical emergencies in a dental office. No more than four hours of Practice Management and Patient Relations may be counted toward the C.E. requirement in any renewal period.

(5) At each renewal, all dentists licensed by the Oregon Board of Dentistry will complete a one-hour pain management course specific to Oregon provided by the Pain Management Commission of the Oregon Health Authority (Effective July 1, 2022).

(6) At least two (2) hours of continuing education must be related to infection control.

(7) At least two (2) hours of continuing education must be related to cultural competency (Effective January 1, 2021).

(8) A dentist placing dental implants must complete at least seven (7) hours of continuing education related to the placement and/or restoration of dental implants every licensure renewal period (Effective January 1, 2024).

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.250(9)
OBD 1-2024, amend filed 03/08/2024, effective 05/01/2024
OBD 1-2023, amend filed 06/20/2023, effective 07/01/2023
OBD 2-2021, amend filed 11/08/2021, effective 07/01/2022
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 3-2015, f. 9-8-15, cert. ef. 10-1-15
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 3-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 12-27-11
OBD 2-2009, f. 10-21-09, cert. ef. 11-1-09
OBD 3-2007, f. & cert. ef. 11-30-07
OBD 16-2001, f. 12-7-01, cert. ef. 4-1-02
OBD 9-2000, f. & cert. ef. 7-28-00
DE 1-1990, f. 3-19-90, cert. ef. 4-2-90
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-020-0072
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 4-1987(Temp), f. & cert. ef. 11-25-87
DE 3-1987, f. & cert. ef. 10-15-87

Or. Admin. R. 818-021-0070 Continuing Education — Dental Hygienists

(1) Each dental hygienist must complete 24 hours of continuing education every two years. An Expanded Practice Permit Dental Hygienist shall complete a total of 36 hours of continuing education every two years. Continuing education (C.E.) must be directly related to clinical patient care or the practice of dental public health.

(2) Dental hygienists must maintain records of successful completion of continuing education for at least four licensure years consistent with the licensee's licensure cycle. (A licensure year for dental hygienists is October 1 through September 30.) The licensee, upon request by the Board, shall provide proof of successful completion of continuing education courses.

(3) Continuing education includes:

(a) Attendance at lectures, dental study groups, college post-graduate courses, or scientific sessions at conventions.

(b) Research, graduate study, teaching or preparation and presentation of scientific sessions. No more than six hours may be in teaching or scientific sessions. (Scientific sessions are defined as scientific presentations, table clinics, poster sessions and lectures.)

(c) Correspondence courses, videotapes, distance learning courses or similar self-study course, provided that the course provides a certificate of completion to the dental hygienist. The certificate of completion should list the dental hygienist’s name, course title, course completion date, course provider name, and continuing education hours completed.

(d) Continuing education credit can be given for volunteer pro bono dental hygiene services provided in the state of Oregon; community oral health instruction at a public health facility located in the state of Oregon; authorship of a publication, book, chapter of a book, article or paper published in a professional journal; participation on a state dental board, peer review, or quality of care review procedures; successful completion of the National Board Dental Hygiene Examination, taken after initial licensure; or test development for clinical dental hygiene examinations. No more than 6 hours of credit may be in these areas.

(4) At least three hours of continuing education must be related to medical emergencies in a dental office. No more than two hours of Practice Management and Patient Relations may be counted toward the C.E. requirement in any renewal period.

(5) Dental hygienists who hold a Nitrous Oxide Permit must meet the requirements contained in OAR 818-026-0040(11) for renewal of the Nitrous Oxide Permit.

(6) At least two (2) hours of continuing education must be related to infection control.

(7) At least two (2) hours of continuing education must be related to cultural competency (Effective January 1, 2021).

History

Statutory/Other Authority: ORS 679 680
Statutes/Other Implemented: ORS 679.250(9)
OBD 1-2023, amend filed 06/20/2023, effective 07/01/2023
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 3-2015, f. 9-8-15, cert. ef. 10-1-15
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 3-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 12-27-11
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 2-2009, f. 10-21-09, cert. ef. 11-1-09
OBD 3-2007, f. & cert. ef. 11-30-07
OBD 2-2004, f. 7-12-04, cert. ef. 7-15-04
OBD 2-2002, f. 7-31-02, cert. ef. 10-1-02
OBD 9-2000, f. & cert. ef. 7-28-00
DE 1-1990, f. 3-19-90, cert. ef. 4-2-90
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-020-0073
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 3-1987, f. & cert. ef. 10-15-87

Or. Admin. R. 818-021-0076 Continuing Education - Dental Therapists

(1) Each dental therapist must complete 36 hours of continuing education every two years. Continuing education (C.E.) must be directly related to clinical patient care or the practice of dental public health.

(2) Dental therapists must maintain records of successful completion of continuing education for at least four licensure years consistent with the licensee's licensure cycle. (A licensure year for dental therapists is October 1 through September 30.) The licensee, upon request by the Board, shall provide proof of successful completion of continuing education courses.

(3) Continuing education includes:

(a) Attendance at lectures, dental study groups, college post-graduate courses, or scientific sessions at conventions.

(c) Correspondence courses, videotapes, distance learning courses or similar self-study course, provided that the course provides a certificate of completion to the dental therapist. The certificate of completion should list the dental therapist’s name, course title, course completion date, course provider name, and continuing education hours completed.

(d) Continuing education credit can be given for volunteer pro bono dental therapy services provided in the state of Oregon; community oral health instruction at a public health facility located in the state of Oregon; authorship of a publication, book, chapter of a book, article or paper published in a professional journal; participation on a state dental board, peer review, or quality of care review procedures; successful completion of the National Board Dental Therapy Examination, taken after initial licensure; or test development for clinical dental therapy examinations. No more than 6 hours of credit may be in these areas.

(5) At least two (2) hours of continuing education must be related to infection control.

(6) At least two (2) hours of continuing education must be related to cultural competency.

(7) At least one (1) hour of continuing education must be related to pain management.

History

Statutory/Other Authority: ORS 679, ORS 679.603 & ORS 679.609
Statutes/Other Implemented: ORS 679.603 & ORS 679.609
OBD 1-2023, amend filed 06/20/2023, effective 07/01/2023
OBD 1-2022, adopt filed 06/21/2022, effective 07/01/2022

Or. Admin. R. 818-021-0080 Renewal of License

Before the expiration date of a license, the Board will, as a courtesy, mail notice for renewal of license to the last mailing address on file in the Board’s records to every licensee holding a current license. The licensee must complete the online renewal application and pay the current renewal fees prior to the expiration of said license. Licensees who fail to renew their license prior to the expiration date may not practice dentistry, dental therapy or dental hygiene until the license is reinstated and are subject to the provisions of OAR 818-021-0085, “Reinstatement of Expired Licenses.”

(1) Each dentist shall submit the renewal fee and completed online renewal application by March 31 every other year. Dentists licensed in odd numbered years shall apply for renewal in odd numbered years and dentists licensed in even numbered years shall apply for renewal in even numbered years.

(2) Each dental hygienist must submit the renewal fee and completed online renewal application by September 30 every other year. Dental hygienists licensed in odd numbered years shall apply for renewal in odd numbered years and dental hygienists licensed in even numbered years shall apply for renewal in even numbered years.

(3) Each dental therapist must submit the renewal fee and completed and signed renewal application form by September 30 every other year. Dental Therapists licensed in odd numbered years shall apply for renewal in odd numbered years and dental therapists licensed in even numbered years shall apply for renewal in even numbered years.

(4) The renewal application shall contain:

(a) Licensee’s full name;

(b) Licensee’s mailing address;

(c) Licensees business address including street and number or if the licensee has no business address, licensee’s home address including street and number;

(d) Licensee’s business telephone number or if the licensee has no business telephone number, licensee’s home telephone number;

(e) Licensee’s employer or person with whom the licensee is on contract;

(f) Licensee’s assumed business name;

(g) Licensee’s type of practice or employment;

(h) A statement that the licensee has met the continuing educational requirements for their specific license renewal set forth in OAR 818-021-0060 or OAR 818-021-0070 or OAR 818-021-0076;

(i) Identity of all jurisdictions in which the licensee has practiced during the two past years; and

(j) A statement that the licensee has not been disciplined by the licensing board of any other jurisdiction or convicted of a crime.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.090, 679.120, 680.072 & 680.075
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022
OBD 7-2000, f. 6-22-00, cert. ef. 7-1-00
DE 1-1990, f. 3-19-90, cert. ef. 4-2-90
DE 2-1989(Temp), f. & cert. ef. 11-30-89
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89

Or. Admin. R. 818-021-0084 Temporary Voluntary Practice Approval

(1) A dentist, dental therapist or dental hygienist may practice, without compensation and in connection with a coordinating organization or other entity, the health care profession that the health care practitioner is authorized to practice for a maximum of 30 days each calendar year without licensure requirement. Compensation is defined as something given or received as payment including but not limited to bartering, tips, monies, donations, or services.

(2) A dentist, dental therapist or dental hygienist is not required to apply for licensure or other authorization from the Board in order to practice under this rule.

(3) To practice under this rule, a dentist, dental therapist or dental hygienist shall submit, at least 10 days prior to commencing practice in this state, to the Board:

(a) Out-of State volunteer application;

(b) Proof that the practitioner is in good standing and is not the subject of an active disciplinary action;

(c) An acknowledgement that the practitioner may provide services only within the scope of practice of the health care profession that the practitioner is authorized to practice and will provide services pursuant to the scope of practice of Oregon or the health care practitioner’s licensing agency, whichever is more restrictive;

(d) An attestation from dentist, dental therapist or dental hygienist that the practitioner will not receive compensation for practice in this state;

(e) The name and contact information of the dental director of the coordinating organization or other entity through which the practitioner will practice; and

(f) The dates on which the practitioner will practice in this state.

Failure to submit (a)-(e ) above will result in non-approval.

(4) Misrepresentation as to information provided in the application for the temporary practice approval may be grounds to open a disciplinary investigation that may result in discipline under OAR 818-012-0060.

(5) Practitioner acknowledges they are subject to the laws and rules governing the health care profession in Oregon and that the practitioner is authorized to practice and are subject to disciplinary action by the Board.

(6) A practitioner who is authorized to practice in more than one other jurisdiction shall provide to the Board proof from the National Practitioner Data Bank and their other state licensing Board that the practitioner is in good standing and not subject to any active disciplinary actions in any jurisdiction in which the practitioner is authorized to practice.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679
OBD 1-2023, adopt filed 06/20/2023, effective 07/01/2023

Or. Admin. R. 818-021-0085 Renewal or Reinstatement of Expired License

Any licensee whose license to practice as a dentist, dental hygienist or dental therapist has expired, may apply for reinstatement under the following circumstances:

(1) If the license has been expired 30 days or less, the applicant shall:

(a) Pay a penalty fee of $50;

(b) Pay the biennial renewal fee; and

(c) Submit a completed renewal application and certification of having completed the Board's continuing education requirements.

(2) If the license has been expired more than 30 days but less than 60 days, the applicant shall:

(a) Pay a penalty fee of $100;

(b) Pay the biennial renewal fee; and

(3) If the license has been expired more than 60 days, but less than one year, the applicant shall:

(a) Pay a penalty fee of $150;

(b) Pay a fee equal to the renewal fees that would have been due during the period the license was expired;

(d) Submit a completed application for reinstatement provided by the Board, including certification of having completed continuing education credits as required by the Board during the period the license was expired. The Board may request evidence of satisfactory completion of continuing education courses.

(4) If the license has been expired for more than one year but less than four years, the applicant shall:

(a) Pay a penalty fee of $250;

(b) Pay a fee of equal to the renewal fees that would have been due during the period the license was expired;

(d) Pass the Board's Jurisprudence Examination;

(e) Pass any other qualifying examination as may be determined necessary by the Board after assessing the applicant's professional background and credentials;

(f) Submit evidence of good standing from all states in which the applicant is currently licensed; and

(g) Submit a completed application for reinstatement provided by the Board including certification of having completed continuing education credits as required by the Board during the period the license was expired. The Board may request evidence of satisfactory completion of continuing education courses.

(5) If a Licensee fails to renew or reinstate their license within four years from expiration, the Licensee must apply for licensure under the current statute and rules of the Board.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.090, 679.120, 680.072 & 680.075
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
OBD 2-2012, f. 6-14-12, cert. ef. 7-1-12
OBD 7-2000, f. 6-22-00, cert. ef. 7-1-00

Or. Admin. R. 818-021-0088 Volunteer License

(1) An Oregon licensed dentist or dental hygienist who will be practicing for a supervised volunteer dental clinic, as defined in ORS 679.020(3)(f) and (g), may be granted a volunteer license provided licensee completes the following:

(a) Licensee must register with the Board as a health care professional and provide a statement as required by ORS 676.345.

(b) Licensee will be responsible to meet all the requirements set forth in ORS 676.345.

(d) Licensee shall not practice dentistry or dental hygiene for remuneration in any capacity under the volunteer license.

(e) Licensee must comply with all continuing education requirements for active licensed dentist or dental hygienist.

(f) Licensee must agree to volunteer for a minimum of 80 hours in Oregon per renewal cycle.

(2) Licensee may surrender the volunteer license designation at anytime and request a return to an active license. The Board will grant an active license as long as all active license requirements have been met.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 676.345, 679.010, 679.020, 679.025, 679.090, 680.010, 680.020, 680.050 & 680.072
OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 2-2005, f. 1-31-05, cert. ef. 2-1-05

Or. Admin. R. 818-021-0090 Retirement of License

(1) A Licensee who no longer practices in any jurisdiction may retire their license by submitting a request to retire such license on a form provided by the Board.

(2) A license that has been retired may be reinstated if the applicant:

(a) Pays a reinstatement fee of $500;

(b) Passes the Board’s Jurisprudence Examination;

(c) Passes any other qualifying examination as may be determined necessary by the Board after assessing the applicant’s professional background and credentials;

(d) Submits evidence of good standing from all states in which the applicant is currently licensed; and

(e) Submits a completed application for reinstatement provided by the Board including certification of having completed continuing education credits as required by the Board during the period the license was expired. The Board may request evidence of satisfactory completion of continuing education courses.

(3) If the Licensee fails to reinstate their license within four years from retiring the license, the Licensee must apply for licensure under the current statute and rules of the Board.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.090, 679.120, 680.072 & 680.075
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
OBD 7-2000, f. 6-22-00, cert. ef. 7-1-00
DE 1-1990, f. 3-19-90, cert. ef. 4-2-90
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-020-0045
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 10-1984, f. & cert. ef. 5-17-84
DE 22, f. 6-12-74, cert. ef. 7-11-74
DE 14, f. 1-20-72, cert. ef. 2-10-72

Or. Admin. R. 818-021-0095 Resignation of License

(1) The Board may allow a licensee who no longer practices in Oregon to resign their license, unless the Board determines the license should be revoked.

(2) Licenses that are resigned under this rule may not be reinstated.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.090, 679.120, 680.072 & 680.075
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
OBD 7-2000, f. 6-22-00, cert. ef. 7-1-00

Or. Admin. R. 818-021-0100 Competency Examination

(1) The Board may require any licensee to pass the Board examination or require any licensee to participate in a practice review as set forth in section (2) of this rule.

(2) One or more consultants will review the licensee’s treatment of patients selected at random and report observations to the Board.

(3) If the results of the examination or practice review provide evidence that the licensee lacks competency, the Board may refuse to renew the licensee’s license or take disciplinary action against the licensee.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.250(9)
DE 1-1990, f. 3-19-90, cert. ef. 4-2-90
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-010-0050 & 818-010-0060
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 11-1984, f. & cert. ef. 5-17-84, Renumbered from 818-010-0095
DE 3-1979, f. & cert. ef. 8-16-79

Or. Admin. R. 818-021-0110 Reinstatement Following Revocation

(1) Any person whose license has been revoked for a reason other than failure to pay the renewal fee may petition the Board for reinstatement after five years from the date of revocation.

(2) The Board shall hold a hearing on the petition and, if the petitioner demonstrates that reinstatement of the license will not be detrimental to the health or welfare of the public, the Board may allow the petitioner to retake the Board examination.

(3) If the license was revoked for unacceptable patient care, the petitioner shall provide the Board with satisfactory evidence that the petitioner has completed a course of study sufficient to remedy the petitioner’s deficiencies in the practice of dentistry, dental therapy or dental hygiene.

(4) If the petitioner passes the Board examination, the Board may reinstate the license, place the petitioner on probation for not less than two years, and impose appropriate conditions of probation.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.140 & ORS 679.600
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-010-0070
DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
DE 11-1984, f. & ef. 5-17-84
Repealed by DE 1-1981, f. & ef. 8-21-81
DE 5, f. 11-19-62, ef. 12-11-62

Or. Admin. R. 818-021-0115 Display of Licenses

Every licensee of the Board shall have conspicuously displayed their current license in every office where that licensee practices in plain sight of the licensee’s patients.

History

Statutory/Other Authority: ORS 679.120, 679.250(7), 680.075 & 680.150
Statutes/Other Implemented: ORS 679.020, 679.025 & 680.020
DE 1-1993, f. & cert. ef. 1-29-93

Or. Admin. R. 818-021-0120 Application Valid for 180 Days

(1) If all information and documentation necessary for the Board to act on an application is not provided to the Board by the applicant within 180 days from the date the application is received by the Board, the Board shall reject the application as incomplete.

(2) An applicant whose application has been rejected as incomplete must file a new application and must pay a new application fee.

(3) An applicant who fails the examination or who does not take the examination during the 180-day period following the date the Board receives the application, must file a new application and must pay a new application fee.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.060, 679.065, 679.070, 679.080, 680.040, 680.050, 680.060, 680.070 & 680.072
OBD 4-2001, f. & cert. ef. 1-8-01

Or. Admin. R. 818-021-0125 Reapplication Following Denial of Licensure

A person whose application for licensure has been denied on grounds other than failure of the licensure examination may not reapply for five years from the date of the Board's Final Order denying licensure.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.060, 679.065, 679.070, 679.080, 680.040, 680.050, 680.060, 680.070 & 680.072
OBD 4-2001, f. & cert. ef. 1-8-01

Division 26 ANESTHESIA

Or. Admin. R. 818-026-0000 Purpose

(1) These rules apply to the administration of substances that produce general anesthesia, deep sedation, moderate sedation, minimal sedation or nitrous oxide sedation in patients being treated by licensees. These regulations are not intended to prohibit training programs for licensees or to prevent persons from taking necessary action in case of an emergency.

(2) Nothing in this Division relieves a licensee from the standards imposed by ORS 679.140(1)(e) and 679.140(4).

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.250(7) & 679.250(10)
OBD 1-2013, f. 5-15-13, cert. ef. 7-1-13
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 1-2005, f. 1-28-05, cert. ef. 2-1-05
OBD 3-2003, f. 9-15-03, cert. ef. 10-1-03
OBD 6-1999, f. 6-25-99, cert. ef. 7-1-99
OBD 2-1998, f. 7-13-98, cert. ef. 10-1-98

Or. Admin. R. 818-026-0010 Definitions

As used in these rules:

(1) "Anesthesia Monitor" means a person trained in monitoring patients under sedation and capable of assisting with procedures, problems and emergency incidents that may occur as a result of the sedation or secondary to an unexpected medical complication.

(2) "Anxiolysis" means the diminution or elimination of anxiety.

(3) “General Anesthesia” means 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 may be impaired.

(4) “Deep Sedation” means a drug-induced depression of consciousness during which patients cannot be easily 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.

(5) “Moderate Sedation” means 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.

(6) “Minimal Sedation” means minimally depressed level of consciousness, produced by non-intravenous and/or non-intramuscular pharmacological methods, that retains the patient’s ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command. When the intent is minimal sedation for adults, the appropriate initial dosing of a single non-intravenous and/or non-intramuscular pharmacological method is no more than the maximum recommended dose (MRD) of a drug that can be prescribed for unmonitored home use. Nitrous oxide/oxygen may be used in combination with a single non-intravenous and/or non-intramuscular pharmacological method in minimal sedation.

(7) “Nitrous Oxide Sedation” means an induced, controlled state of minimal sedation, produced solely by the inhalation of a combination of nitrous oxide and oxygen in which the patient retains the ability to independently and continuously maintain an airway and to respond purposefully to physical stimulation and to verbal command.

(8) “Maximum recommended dose” (MRD) means maximum Food and Drug Administration (FDA) recommended dose of a drug, as printed in FDA approved labeling for unmonitored use.

(9) “Incremental Dosing” means during minimal sedation, administration of multiple doses of a drug until a desired effect is reached, but not to exceed the maximum recommended dose (MRD).

(10) “Supplemental Dosing” means during minimal sedation, supplemental dosing is a single additional dose of the initial drug that is necessary for prolonged procedures. The supplemental dose should not exceed one-half of the initial dose and should not be administered until the dentist has determined the clinical half-life of the initial dosing has passed. The total aggregate dose must not exceed 1.5x the MRD on the day of treatment.

(11) “Enteral Route” means administration of medication via the gastrointestinal tract. Administration by mouth, sublingual (dissolving under the tongue), intranasal and rectal administration are included.

(12) “Parenteral Route” means administration of medication via a route other than enteral. Administration by intravenous, intramuscular, and subcutaneous routes are included.

(13) American Society of Anesthesiologists (ASA) Patient Physical Status Classification System.

(a) ASA I “A normal healthy patient”.

(b) ASA II “A patient with mild systemic disease”.

(d) ASA IV “A patient with severe systemic disease that is a constant threat to life”.

(e) ASA V “A moribund patient who is not expected to survive without the operation”.

(f) ASA VI “A declared brain-dead patient whose organs are being removed for donor purposes".

(14) “Recovery” means the patient is easily arousable and can independently and continuously maintain their airway with stable vital signs. Once this has occurred, the patient can be monitored by a qualified anesthesia monitor until discharge criteria is met.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.250(7) & 679.250(10)
OBD 1-2024, amend filed 03/08/2024, effective 05/01/2024
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 1-2005, f. 1-28-05, cert. ef. 2-1-05
OBD 3-2003, f. 9-15-03, cert. ef. 10-1-03
OBD 6-1999, f. 6-25-99, cert. ef. 7-1-99
OBD 2-1998, f. 7-13-98, cert. ef. 10-1-98

Or. Admin. R. 818-026-0020 Presumption of Degree of Central Nervous System Depression

(1) In any hearing where a question exists as to the degree of central nervous system depression a licensee has induced (i.e., general anesthesia, deep sedation, moderate sedation, minimal sedation or nitrous oxide sedation), the Board may base its findings on, among other things, the types, dosages and routes of administration of drugs administered to the patient and what result can reasonably be expected from those drugs in those dosages and routes administered in a patient of that physical and psychological status.

(2) The following drugs are conclusively presumed to produce general anesthesia and may only be used by a licensee holding a General Anesthesia Permit:

(a) Ultra short acting barbiturates including, but not limited to, sodium methohexital, thiopental, thiamylal;

(b) Alkylphenols — propofol (Diprivan) including precursors or derivatives;

(d) Dissociative agents — ketamine;

(e) Etomidate; and

(f) Volatile inhalational agents.

(3) No permit holder shall have more than one person under any form of sedation or general anesthesia at the same time exclusive of recovery.

(4) A licensee that does not hold a Moderate, Deep Sedation or General Anesthesia Permit may not administer, for purpose of anxiolysis or sedation, Benzodiazepines or narcotics in children under 6 years of age.

(5) A licensee must ensure a written emergency response protocol is in place for all patients undergoing nitrous oxide, minimal sedation, moderate sedation, deep sedation or general anesthesia.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.250(7) & 679.250(10)
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 4-2015, f. 9-8-15, cert. ef. 1-1-16
OBD 1-2013, f. 5-15-13, cert. ef. 7-1-13
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 1-2005, f. 1-28-05, cert. ef. 2-1-05
OBD 3-2003, f. 9-15-03, cert. ef. 10-1-03
OBD 6-1999, f. 6-25-99, cert. ef. 7-1-99
OBD 2-1998, f. 7-13-98, cert. ef. 10-1-98

Or. Admin. R. 818-026-0030 Requirements for Anesthesia Permits

(1) A permit holder who administers sedation shall assure that drugs, drug dosages, and/or techniques used to produce sedation shall carry a margin of safety wide enough to prevent unintended deeper levels of sedation.

(2) No licensee shall induce central nervous system sedation or general anesthesia without first having obtained a permit under these rules for the level of anesthesia being induced.

(3) A licensee may be granted a permit to administer sedation or general anesthesia with documentation of training/education and/or competency in the permit category for which the licensee is applying by any one the following:

(a) Initial training/education in the permit category for which the applicant is applying shall be completed no more than two years immediately prior to application for sedation or general anesthesia permit; or

(b) If greater than two years but less than five years since completion of initial training/education, an applicant must document completion of all continuing education that would have been required for that anesthesia/permit category during that five year period following initial training; or

(c) If greater than two years but less than five years since completion of initial training/education, immediately prior to application for sedation or general anesthesia permit, current competency or experience must be documented by completion of a comprehensive review course approved by the Board in the permit category to which the applicant is applying and must consist of at least one-half (50%) of the hours required by rule for Nitrous Oxide, Minimal Sedation, Moderate Sedation and General Anesthesia Permits. Deep Sedation and General Anesthesia Permits will require at least 120 hours of general anesthesia training.

(d) An applicant for sedation or general anesthesia permit whose completion of initial training/education is greater than five years immediately prior to application, may be granted a sedation or general anesthesia permit by submitting documentation of the requested permit level from another state or jurisdiction where the applicant is also licensed to practice dentistry or dental hygiene, and provides documentation of the completion of at least 25 cases in the requested level of sedation or general anesthesia in the 12 months immediately preceding application; or

(e) Demonstration of current competency to the satisfaction of the Board that the applicant possesses adequate sedation or general anesthesia skill to safely deliver sedation or general anesthesia services to the public.

(4) A licensee holding a nitrous or minimal sedation permit, shall at all times maintain a current BLS for Healthcare Providers certificate or its equivalent.

(5) A licensee holding an anesthesia permit for moderate sedation, deep sedation or general anesthesia at all times maintains a current BLS for Healthcare Providers certificate or its equivalent, and a current Advanced Cardiac Life Support (ACLS) Certificate or Pediatric Advanced Life Support (PALS) Certificate, whichever is appropriate for the patient being sedated. If a licensee permit holder sedates only patients under the age of 12, only PALS is required. If a licensee permit holder sedates only patients age 12 and older, only ACLS is required. If a licensee permit holder sedates patients younger than 12 years of age as well as older than 12 years of age, both ACLS and PALS are required. For licensees with a moderate sedation permit only, successful completion of the American Dental Association’s course “Recognition and Management of Complications during Minimal and Moderate Sedation” at least every two years may be substituted for ACLS, but not for PALS.

(6) Advanced Cardiac Life Support (ACLS) and or Pediatric Advanced Life Support (PALS) do not serve as a substitute for Healthcare Provider Basic Life Support (BLS).

(7) When a dentist utilizes a single oral agent to achieve anxiolysis only, no anesthesia permit is required.

(8) The applicant for an anesthesia permit must pay the appropriate permit fee, submit a completed Board-approved application and consent to an office evaluation.

(9) Permits shall be issued to coincide with the applicant's licensing period.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.250
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 2-2012, f. 6-14-12, cert. ef. 7-1-12
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 1-2008, f. 11-10-08, cert. ef. 12-1-08
OBD 3-2005, f. 10-26-05, cert. ef. 11-1-05
OBD 2-2005, f. 1-31-05, cert. ef. 2-1-05
OBD 1-2005, f. 1-28-05, cert. ef. 2-1-05
OBD 3-2003, f. 9-15-03, cert. ef. 10-1-03
OBD 2-1998, f. 7-13-98, cert. ef. 10-1-98

Or. Admin. R. 818-026-0035 Classes of Anesthesia Permit

The Board shall issue the following classes of permits:

(1) A Nitrous Oxide Permit authorizes a dental hygienist or a dentist to induce nitrous oxide sedation.

(2) A Minimal Sedation Permit authorizes a dentist to induce minimal sedation and nitrous oxide sedation.

(3) A Moderate Sedation Permit authorizes a dentist to induce moderate sedation, minimal sedation and nitrous oxide sedation.

(4) A Deep Sedation Permit authorizes a dentist to induce deep sedation, moderate sedation, minimal sedation, and nitrous oxide sedation. The Board shall issue a Deep Sedation Permit to a licensee who holds a Class 3 Permit on or before July 1, 2010.

(5) A General Anesthesia Permit authorizes a dentist to induce general anesthesia, deep sedation, moderate sedation, minimal sedation and nitrous oxide sedation.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.250(7) & 679.250(10)
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 1-2005, f. 1-28-05, cert. ef. 2-1-05
OBD 3-2003, f. 9-15-03, cert. ef. 10-1-03
OBD 6-1999, f. 6-25-99, cert. ef. 7-1-99
OBD 2-1998, f. 7-13-98, cert. ef. 10-1-98

Or. Admin. R. 818-026-0040 Qualifications, Standards Applicable, and Continuing Education Requirements for Anesthesia Permits: Nitrous Oxide Permit

Nitrous Oxide Sedation.

(1) The Board shall issue a Nitrous Oxide Permit to an applicant who:

(a) Is either a licensed dentist or licensed hygienist in the State of Oregon;

(b) Maintains a current BLS for Healthcare Providers certificate or its equivalent; and

(c) Has completed a training course of at least 14 hours of instruction in the use of nitrous oxide from a dental school or dental hygiene program accredited by the Commission on Dental Accreditation of the American Dental Association, or as a postgraduate.

(2) The following facilities, equipment and drugs shall be on site and available for immediate use during the procedure and during recovery:

(a) An operating room large enough to adequately accommodate the patient on an operating table or in an operating chair and to allow delivery of appropriate care in an emergency situation;

(b) An operating table or chair which permits the patient to be positioned so that the patient's airway can be maintained, quickly alter the patient's position in an emergency, and provide a firm platform for the administration of basic life support;

(c) A lighting system which permits evaluation of the patient's skin and mucosal color and a backup lighting system of sufficient intensity to permit completion of any operation underway in the event of a general power failure;

(d) Suction equipment which permits aspiration of the oral and pharyngeal cavities and a backup suction device which will function in the event of a general power failure;

(e) An oxygen delivery system with adequate full face masks and appropriate connectors that is capable of delivering high flow oxygen to the patient under positive pressure, together with an adequate backup system;

(f) A nitrous oxide delivery system with a fail-safe mechanism that will insure appropriate continuous oxygen delivery and a scavenger system; and

(g) Sphygmomanometer and stethoscope and/or automatic blood pressure cuff.

(3) Before inducing nitrous oxide sedation, a permit holder shall:

(a) Evaluate the patient and document, using the American Society of Anesthesiologists (ASA) Patient Physical Status Classifications, that the patient is an appropriate candidate for nitrous oxide sedation;

(b) Give instruction to the patient or, when appropriate due to age or psychological status of the patient, the patient's guardian;

(d) Obtain informed consent from the patient or patient's guardian for the anesthesia. The obtaining of the informed consent shall be documented in the patient's record.

(4) If a patient chronically takes a medication which can have sedative side effects, including, but not limited to, a narcotic or benzodiazepine, the practitioner shall determine if the additive sedative effect of nitrous oxide would put the patient into a level of sedation deeper than nitrous oxide. If the practitioner determines it is possible that providing nitrous oxide to such a patient would result in minimal sedation, a minimal sedation permit would be required.

(5) A patient under nitrous oxide sedation shall be visually monitored by the permit holder or by an anesthesia monitor at all times. The patient shall be monitored as to response to verbal stimulation, oral mucosal color and preoperative and postoperative vital signs.

(6) The permit holder or anesthesia monitor shall record the patient's condition. The record must include documentation of preoperative and postoperative vital signs, andall medications administered with dosages, time intervals and route of administration.

(7) Persons serving as anesthesia monitors in a dental office shall maintain current certification in BLS for Healthcare Providers Basic Life Support (BLS), or its equivalent, shall be trained and competent in monitoring patient vital signs, in the use of monitoring and emergency equipment appropriate for the level of sedation utilized. ("competent" means displaying special skill or knowledge derived from training and experience.)

(8) The person administering the nitrous oxide sedation may leave the immediate area after initiating the administration of nitrous oxide sedation only if a qualified anesthesia monitor is continuously observing the patient.

(9) The permit holder shall assess the patient's responsiveness using preoperative values as normal guidelines and discharge the patient only when the following criteria are met:

(a) The patient is alert and oriented to person, place and time as appropriate to age and preoperative psychological status;

(b) The patient can talk and respond coherently to verbal questioning;

(d) The patient can ambulate with minimal assistance; and

(e) The patient does not have nausea, vomiting or dizziness.

(10) The permit holder shall make a discharge entry in the patient's record indicating the patient's condition upon discharge.

(11) Permit renewal. In order to renew a Nitrous Oxide Permit, the permit holder must provide proof of a current BLS for Healthcare Providers certificate or its equivalent. In addition, Nitrous Oxide Permit holders must also complete four (4) hours of continuing education in one or more of the following areas every two years: sedation, nitrous oxide, physical evaluation, medical emergencies, monitoring and the use of monitoring equipment, or pharmacology of drugs and agents used in sedation. Training taken to maintain current BLS for Healthcare Providers certificate or its equivalent, may not be counted toward this requirement. Continuing education hours may be counted toward fulfilling the continuing education requirement set forth in OAR 818-021-0060 and 818-021-0070.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.250(7) & ORS 679.250(10)
OBD 2-2024, amend filed 10/28/2024, effective 01/01/2025
OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 4-2015, f. 9-8-15, cert. ef. 1-1-16
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 1-2005, f. 1-28-05, cert. ef. 2-1-05
OBD 3-2003, f. 9-15-03, cert. ef. 10-1-03
OBD 2-1998, f. 7-13-98, cert. ef. 10-1-98

Or. Admin. R. 818-026-0050 Minimal Sedation Permit

Minimal sedation and nitrous oxide sedation.

(1) The Board shall issue a Minimal Sedation Permit to an applicant who:

(a) Is a licensed dentist in Oregon;

(b) Maintains a current BLS for Healthcare Providers certificate or its equivalent; and

(c) Completion of a comprehensive training program consisting of at least 16 hours of training and satisfies the requirements of the current ADA Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students at the time training was commenced or postgraduate instruction was completed, or the equivalent of that required in graduate training programs, in sedation, recognition and management of complications and emergency care; or

(d) In lieu of these requirements, the Board may accept equivalent training or experience in minimal sedation anesthesia.

(2) The following facilities, equipment and drugs shall be on site and available for immediate use during the procedures and during recovery:

(a) An operating room large enough to adequately accommodate the patient on an operating table or in an operating chair and to allow an operating team of at least two individuals to freely move about the patient;

(b) An operating table or chair which permits the patient to be positioned so the operating team can maintain the patient’s airway, quickly alter the patient’s position in an emergency, and provide a firm platform for the administration of basic life support;

(c) A lighting system which permits evaluation of the patient’s skin and mucosal color and a backup lighting system of sufficient intensity to permit completion of any operation underway in the event of a general power failure;

(d) Suction equipment which permits aspiration of the oral and pharyngeal cavities and a backup suction device which will function in the event of a general power failure;

(e) An oxygen delivery system with adequate full facemask and appropriate connectors that is capable of delivering high flow oxygen to the patient under positive pressure, together with an adequate backup system;

(f) A nitrous oxide delivery system with a fail-safe mechanism that will insure appropriate continuous oxygen delivery and a scavenger system;

(g) Sphygmomanometer, stethoscope, pulse oximeter, and/or automatic blood pressure cuff; and

(h) Emergency drugs including, but not limited to: pharmacologic antagonists appropriate to the drugs used, vasopressors, corticosteroids, bronchodilators, antihistamines, antihypertensives and anticonvulsants.

(3) Before inducing minimal sedation, a dentist permit holder who induces minimal sedation shall:

(b) Give written preoperative and postoperative instructions to the patient or, when appropriate due to age or psychological status of the patient, the patient’s guardian;

(d) Obtain written informed consent from the patient or patient’s guardian for the anesthesia. The obtaining of the informed consent shall be documented in the patient’s record.

(4) No permit holder shall have more than one person under minimal sedation or nitrous oxide sedation at the same time.

(5) While the patient is being treated under minimal sedation, an anesthesia monitor shall be present in the room in addition to the treatment provider. The anesthesia monitor may be the dental assistant. After training, a dental assistant, when directed by a dentist permit holder, may administer oral sedative agents or anxiolysis agents calculated and dispensed by a dentist permit holder under the direct supervision of a dentist permit holder.

(6) A patient under minimal sedation shall be visually monitored at all times, including recovery phase. The record must include documentation of all medications administered with dosages, time intervals and route of administration. The dentist permit holder or anesthesia monitor shall monitor and record the patient’s condition.

(7) Persons serving as anesthesia monitors for minimal sedation in a dental office shall maintain current certification in BLS for Healthcare Providers Basic Life Support (BLS), or its equivalent, shall be trained and competent in monitoring patient vital signs, in the use of monitoring and emergency equipment appropriate for the level of sedation utilized. ("competent" means displaying special skill or knowledge derived from training and experience.)

(8) The patient shall be monitored as follows:

(a) Color of mucosa, skin or blood must be evaluated continually. Patients must have continuous monitoring using pulse oximetry. The patient’s response to verbal stimuli, blood pressure, heart rate, pulse oximetry and respiration shall be monitored and documented every fifteen minutes, if they can reasonably be obtained.

(b) A discharge entry shall be made by the dentist permit holder in the patient’s record indicating the patient’s condition upon discharge and the name of the responsible party to whom the patient was discharged.

(9) The dentist permit holder shall assess the patient’s responsiveness using preoperative values as normal guidelines and discharge the patient only when the following criteria are met:

(a) Vital signs including blood pressure, pulse rate and respiratory rate are stable;

(b) The patient is alert and oriented to person, place and time as appropriate to age and preoperative psychological status;

(d) The patient can sit up unaided;

(e) The patient can ambulate with minimal assistance; and

(f) The patient does not have uncontrollable nausea or vomiting and has minimal dizziness.

(g) A dentist permit holder shall not release a patient who has undergone minimal sedation except to the care of a responsible third party.

(10) The permit holder shall make a discharge entry in the patient’s record indicating the patient’s condition upon discharge.

(11) Permit renewal. In order to renew a Minimal Sedation Permit, the permit holder must provide documentation of a current BLS for Healthcare Providers certificate or its equivalent. In addition, Minimal Sedation Permit holders must also complete four (4) hours of continuing education in one or more of the following areas every two years: sedation, physical evaluation, medical emergencies, monitoring and the use of monitoring equipment, or pharmacology of drugs and agents used in sedation. Training taken to maintain current BLS for Healthcare Providers certificate, or its equivalent, may not be counted toward this requirement. Continuing education hours may be counted toward fulfilling the continuing education requirement set forth in OAR 818-021-0060.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.250(7) & 679.250(10)
OBD 2-2024, amend filed 10/28/2024, effective 01/01/2025
OBD 1-2024, amend filed 03/08/2024, effective 05/01/2024
OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 4-2015, f. 9-8-15, cert. ef. 1-1-16
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 2-2005, f. 1-31-05, cert. ef. 2-1-05
OBD 1-2005, f. 1-28-05, cert. ef. 2-1-05
OBD 3-2003, f. 9-15-03, cert. ef. 10-1-03
OBD 6-1999, f. 6-25-99, cert. ef. 7-1-99

Or. Admin. R. 818-026-0055 Dental Hygiene, Dental Therapy and Dental Assistant Procedures Performed Under Nitrous Oxide or Minimal Sedation

(1) Under indirect supervision, dental hygiene procedures may be performed for a patient who is under nitrous oxide or minimal sedation under the following conditions:

(a) A licensee holding a Nitrous Oxide, Minimal, Moderate, Deep Sedation or General Anesthesia Permit administers the sedative agents;

(b) The permit holder, or an anesthesia monitor, monitors the patient; or

(c) If a dental hygienist with a nitrous oxide permit administers nitrous oxide sedation to a patient and then performs authorized procedures on the patient, an anesthesia monitor is not required to be present during the time the patient is sedated unless the permit holder leaves the patient.

(d) The permit holder performs the appropriate pre- and post-operative evaluation and discharges the patient in accordance with Board rules.

(2) Under indirect supervision, a dental assistant may perform those procedures for which the dental assistant holds the appropriate certification for a patient who is under nitrous oxide or minimal sedation under the following conditions:

(a) A licensee holding the Nitrous Oxide, Minimal, Moderate, Deep Sedation or General Anesthesia Permit administers the sedative agents;

(b) The permit holder, or an anesthesia monitor, monitors the patient; and

(c) The permit holder performs the appropriate pre- and post-operative evaluation and discharges the patient in accordance with Board rules.

(3) Under indirect supervision, a dental therapist may perform procedures for which they hold the appropriate license for a patient who is under nitrous oxide or minimal sedation under the following conditions:

(a) A licensee holding the Nitrous Oxide, Minimal, Moderate, Deep Sedation or General Anesthesia Permit administers the sedative agents;

(b) The permit holder, or an anesthesia monitor, monitors the patient; and

(c) The permit holder performs the appropriate pre- and post-operative evaluation and discharges the patient in accordance with Board rules

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.250(7), 679.250(10) & ORS 679.600
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 2-2012, f. 6-14-12, cert. ef. 7-1-12
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 1-2005, f. 1-28-05, cert. ef. 2-1-05
OBD 3-2003, f. 9-15-03, cert. ef. 10-1-03

Or. Admin. R. 818-026-0060 Moderate Sedation Permit

Moderate sedation, minimal sedation, and nitrous oxide sedation.

(1) The Board shall issue or renew a Moderate Sedation Permit to an applicant who:

(a) Is a licensed dentist in Oregon;

(b) In addition to a current BLS for Healthcare Providers certificate or its equivalent, either maintains a current Advanced Cardiac Life Support (ACLS) certificate and/or a Pediatric Advanced Life Support (PALS) certificate, whichever is appropriate for the patient being sedated; and

(A) Completion of a comprehensive training program in enteral and/or parenteral sedation that satisfies the requirements described in Part V of the currentADA Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students at the time training was commenced.

(i) Enteral Moderate Sedation requires a minimum of 24 hours of instruction plus management of at least 10 dental patient experiences by the enteral and/or enteral-nitrous oxide/oxygen route.

(ii) Parenteral Moderate Sedation requires a minimum of 60 hours of instruction plus management of at least 20 dental patients by the intravenous route.

(B) Completion of an ADA accredited postdoctoral training program (e.g., general practice residency) which affords comprehensive and appropriate training necessary to administer and manage parenteral sedation, commensurate with these Guidelines.

(C) In lieu of these requirements, the Board may accept equivalent training or experience in moderate sedation anesthesia.

(2) The following facilities, equipment and drugs shall be on site and available for immediate use during the procedures and during recovery:

(b) An operating table or chair which permits the patient to be positioned so the operating team can maintain the patient's airway, quickly alter the patient's position in an emergency, and provide a firm platform for the administration of basic life support;

(d) Suction equipment which permits aspiration of the oral and pharyngeal cavities and a backup suction device which will function in the event of a general power failure;

(e) An oxygen delivery system with adequate full face mask and appropriate connectors that is capable of delivering high flow oxygen to the patient under positive pressure, together with an adequate backup system;

(f) A nitrous oxide delivery system with a fail-safe mechanism that will insure appropriate continuous oxygen delivery and a scavenger system;

(g) A recovery area that has available oxygen, adequate lighting, suction and electrical outlets. The recovery area can be the operating room;

(h) Sphygmomanometer, precordial/pretracheal stethoscope, capnograph, pulse oximeter, oral and nasopharyngeal airways, larynageal mask airways, intravenous fluid administration equipment, automated external defibrillator (AED); and

(i) Emergency drugs including, but not limited to: pharmacologic antagonists appropriate to the drugs used, vasopressors, corticosteroids, bronchodilators, antihistamines, antihypertensives and anticonvulsants.

(3) No permit holder shall have more than one person under moderate sedation, minimal sedation, or nitrous oxide sedation at the same time.

(4) During the administration of moderate sedation, and at all times while the patient is under moderate sedation, an anesthesia monitor, and one other person holding a current BLS for Healthcare Providers certificate or its equivalent, shall be present in the operatory, in addition to the dentist permit holder performing the dental procedures.

(5) Before inducing moderate sedation, a dentist permit holder who induces moderate sedation shall:

(b) Give written preoperative and postoperative instructions to the patient or, when appropriate due to age or psychological status of the patient, the patient's guardian; and

(c) Obtain written informed consent from the patient or patient's guardian for the anesthesia. The obtaining of the informed consent shall be documented in the patient’s record.

(6) A patient under moderate sedation shall be visually monitored at all times, including the recovery phase. The dentist permit holder or anesthesia monitor shall monitor and record the patient's condition.

(7) Persons serving as anesthesia monitors for moderate sedation in a dental office shall maintain current certification in BLS for Healthcare Providers Basic Life Support (BLS), or its equivalent, shall be trained and competent in monitoring patient vital signs, in the use of monitoring and emergency equipment appropriate for the level of sedation utilized. ("competent" means displaying special skill or knowledge derived from training and experience.)

(8) The patient shall be monitored as follows:

(a) Patients must have continuous monitoring using pulse oximetry, and End-tidal CO2 monitors. Patients with cardiovascular disease shall have continuous electrocardiograph (ECG) monitoring. The patient's blood pressure, heart rate, and respiration shall be recorded at regular intervals but at least every 15 minutes, and these recordings shall be documented in the patient record. The record must also include documentation of preoperative and postoperative vital signs, all medications administered with dosages, time intervals and route of administration. If this information cannot be obtained, the reasons shall be documented in the patient's record. A patient under moderate sedation shall be continuously monitored and shall not be left alone while under sedation;

(b) During the recovery phase, the patient must be monitored by an individual trained to monitor patients recovering from moderate sedation.

(9) A dentist permit holder shall not release a patient who has undergone moderate sedation except to the care of a responsible third party. When a reversal agent is administered, the dentist permit holder shall document justification for its use and how the recovery plan was altered.

(10) The dentist permit holder shall assess the patient's responsiveness using preoperative values as normal guidelines and discharge the patient only when the following criteria are met:

(a) Vital signs including blood pressure, pulse rate and respiratory rate are stable;

(b) The patient is alert and oriented to person, place and time as appropriate to age and preoperative psychological status;

(d) The patient can sit up unaided;

(e) The patient can ambulate with minimal assistance; and

(f) The patient does not have uncontrollable nausea or vomiting and has minimal dizziness.

(11) A discharge entry shall be made by the dentist permit holder in the patient's record indicating the patient's condition upon discharge and the name of the responsible party to whom the patient was discharged.

(12) After adequate training, an assistant, when directed by a dentist permit holder, may dispense oral medications that have been prepared by the dentist permit holder for oral administration to a patient under direct supervision. Pursuant to OAR 818-042-0115 a Certified Anesthesia Dental Assistant, when directed by a dentist permit holder, may introduce additional anesthetic agents into an infusion line under the direct supervision of a dentist permit holder.

(13) Permit renewal. In order to renew a Moderate Sedation Permit, the permit holder must provide documentation of a current BLS for Healthcare Providers certificate or its equivalent; a current Advanced Cardiac Life Support (ACLS) certificate and/or a current Pediatric Advanced Life Support (PALS) certificate; Successful completion of a board approved course on minimal/moderate sedation at least every two years may be substituted for ACLS, but not for PALS; and must complete 14 hours of continuing education in one or more of the following areas every two years: sedation, physical evaluation, medical emergencies, monitoring and the use of monitoring equipment, or pharmacology of drugs and agents used in sedation. Training taken to maintain current ACLS or PALS certification or successful completion of the American Dental Association’s course “Recognition and Management of Complications during Minimal and Moderate Sedation” may be counted toward this requirement. Continuing education hours may be counted toward fulfilling the continuing education requirement set forth in OAR 818-021- 0060.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.250(7) & 679.250(10)
OBD 2-2024, amend filed 10/28/2024, effective 01/01/2025
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 4-2015, f. 9-8-15, cert. ef. 1-1-16
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 3-2013, f. 10-24-13, cert. ef. 1-1-14
OBD 1-2013, f. 5-15-13, cert. ef. 7-1-13
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 2-2011(Temp), f. 5-9-11, cert. ef. 6-1-11 thru 1-27-11
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 2-2005, f. 1-31-05, cert. ef. 2-1-05
OBD 1-2005, f. 1-28-05, cert. ef. 2-1-05
OBD 3-2003, f. 9-15-03, cert. ef. 10-1-03
OBD 2-2001, f. & cert. ef. 1-8-01
OBD 2-2000(Temp), f. 5-22-00, cert. ef. 5-22-00 thru 11-18-00
OBD 6-1999, f. 6-25-99, cert. ef. 7-1-99
OBD 1-1999, f. 2-26-99, cert. ef. 3-1-99
OBD 2-1998, f. 7-13-98, cert. ef. 10-1-98

Or. Admin. R. 818-026-0065 Deep Sedation Permit

Deep sedation, moderate sedation, minimal sedation, and nitrous oxide sedation.

(1) The Board shall issue a Deep Sedation Permit to a licensee who holds a Class 3 Permit on or before July 1, 2010 who:

(a) Is a licensed dentist in Oregon; and

(b) In addition to a current BLS for Healthcare Providers certificate or its equivalent, maintains a current Advanced Cardiac Life Support (ACLS) certificate and/or a Pediatric Advanced Life Support (PALS) certificate, whichever is appropriate for the patient being sedated.

(2) The following facilities, equipment and drugs shall be on site and available for immediate use during the procedures and during recovery:

(d) Suction equipment which permits aspiration of the oral and pharyngeal cavities and a backup suction device which will function in the event of a general power failure;

(e) An oxygen delivery system with adequate full face mask and appropriate connectors that is capable of delivering high flow oxygen to the patient under positive pressure, together with an adequate backup system;

(f) A nitrous oxide delivery system with a fail-safe mechanism that will insure appropriate continuous oxygen delivery and a scavenger system;

(g) A recovery area that has available oxygen, adequate lighting, suction and electrical outlets. The recovery area can be the operating room;

(h) Sphygmomanometer, precordial/pretracheal stethoscope, capnograph, pulse oximeter, electrocardiograph monitor (ECG), automated external defibrillator (AED), oral and nasopharyngeal airways, laryngeal mask airways, intravenous fluid administration equipment; and

(3) No permit holder shall have more than one person under deep sedation, moderate sedation, minimal sedation, or nitrous oxide sedation at the same time.

(4) During the administration of deep sedation, and at all times while the patient is under deep sedation, an anesthesia monitor, and one other person holding a current BLS for Healthcare Providers certificate or its equivalent, shall be present in the operatory, in addition to the dentist permit holder performing the dental procedures.

(5) Before inducing deep sedation, a dentist permit holder who induces deep sedation shall:

(a) Evaluate the patient and document, using the American Society of Anesthesiologists (ASA) Patient Physical Status Classifications, that the patient is an appropriate candidate for deep sedation;

(b) Give written preoperative and postoperative instructions to the patient or, when appropriate due to age or psychological status of the patient, the patient's guardian; and

(c) Obtain written informed consent from the patient or patient's guardian for the anesthesia. The obtaining of the informed consent shall be documented in the patient’s record.

(6) A patient under deep sedation shall be visually monitored at all times, including the recovery phase. The dentist permit holder or anesthesia monitor shall monitor and record the patient's condition.

(7) Persons serving as anesthesia monitors for deep sedation in a dental office shall maintain current certification in BLS for Healthcare Providers Basic Life Support (BLS), or its equivalent, shall be trained and competent in monitoring patient vital signs, in the use of monitoring and emergency equipment appropriate for the level of sedation utilized. ("competent" means displaying special skill or knowledge derived from training and experience.)

(8) The patient shall be monitored as follows:

(a) Patients must have continuous monitoring using pulse oximetry, electrocardiograph monitors (ECG) and End-tidal CO2 monitors. The patient's heart rhythm shall be continuously monitored and the patient’s blood pressure, heart rate, and respiration shall be recorded at regular intervals but at least every 5 minutes, and these recordings shall be documented in the patient record. The record must also include documentation of preoperative and postoperative vital signs, all medications administered with dosages, time intervals and route of administration. If this information cannot be obtained, the reasons shall be documented in the patient's record. A patient under deep sedation shall be continuously monitored;

(b) Once sedated, a patient shall remain in the operatory for the duration of treatment until criteria for transportation to recovery have been met.

(c) During the recovery phase, the patient must be monitored by an individual trained to monitor patients recovering from deep sedation.

(9) A dentist permit holder shall not release a patient who has undergone deep sedation except to the care of a responsible third party. When a reversal agent is administered, the dentist permit holder shall document justification for its use and how the recovery plan was altered.

(10) The dentist permit holder shall assess the patient's responsiveness using preoperative values as normal guidelines and discharge the patient only when the following criteria are met:

(a) Vital signs including blood pressure, pulse rate and respiratory rate are stable;

(b) The patient is alert and oriented to person, place and time as appropriate to age and preoperative psychological status;

(d) The patient can sit up unaided;

(e) The patient can ambulate with minimal assistance; and

(f) The patient does not have uncontrollable nausea or vomiting and has minimal dizziness.

(12) Pursuant to OAR 818-042-0115 a Certified Anesthesia Dental Assistant, when directed by a dentist permit holder, may administer oral sedative agents calculated by a dentist permit holder or introduce additional anesthetic agents into an infusion line under the direct visual supervision of a dentist.

(13) Permit renewal. In order to renew a Deep Sedation Permit, the permit holder must provide documentation of a current BLS for Healthcare Providers certificate or its equivalent; a current Advanced Cardiac Life Support (ACLS) certificate and/or a current Pediatric Advanced Life Support (PALS) certificate; and must complete 14 hours of continuing education in one or more of the following areas every two years: sedation, physical evaluation, medical emergencies, monitoring and the use of monitoring equipment, or pharmacology of drugs and agents used in sedation. Training taken to maintain current ACLS and/or PALS certificates may be counted toward this requirement. Continuing education hours may be counted toward fulfilling the continuing education requirement set forth in OAR 818-021-0060.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.250(7) & 679.250(10)
OBD 2-2024, amend filed 10/28/2024, effective 01/01/2025
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 4-2015, f. 9-8-15, cert. ef. 1-1-16
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 1-2013, f. 5-15-13, cert. ef. 7-1-13
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 2-2011(Temp), f. 5-9-11, cert. ef. 6-1-11 thru 1-27-11
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10

Or. Admin. R. 818-026-0070 General Anesthesia Permit

General anesthesia, deep sedation, moderate sedation, minimal sedation and nitrous oxide sedation.

(1) The Board shall issue a General Anesthesia Permit to an applicant who:

(a) Is a licensed dentist in Oregon;

(A) Completion of an advanced training program in anesthesia and related subjects beyond the undergraduate dental curriculum that satisfies the requirements described in the current ADA Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students consisting of a minimum of 2 years of a postgraduate anesthesia residency at the time training was commenced.

(B) Completion of any ADA accredited postdoctoral training program, including but not limited to Oral and Maxillofacial Surgery, which affords comprehensive and appropriate training necessary to administer and manage general anesthesia, commensurate with these Guidelines.

(2) The following facilities, equipment and drugs shall be on site and available for immediate use during the procedure and during recovery:

(a) An operating room large enough to adequately accommodate the patient on an operating table or in an operating chair and to allow an operating team of at least three individuals to freely move about the patient;

(d) Suction equipment which permits aspiration of the oral and pharyngeal cavities and a backup suction device which will function in the event of a general power failure;

(e) An oxygen delivery system with adequate full face mask and appropriate connectors that is capable of delivering high flow oxygen to the patient under positive pressure, together with an adequate backup system;

(f) A nitrous oxide delivery system with a fail-safe mechanism that will insure appropriate continuous oxygen delivery and a scavenger system;

(g) A recovery area that has available oxygen, adequate lighting, suction and electrical outlets. The recovery area can be the operating room;

(i) Emergency drugs including, but not limited to: pharmacologic antagonists appropriate to the drugs used, vasopressors, corticosteroids, bronchodilators, intravenous medications for treatment of cardiac arrest, narcotic antagonist, antihistaminic, antiarrhythmics, antihypertensives and anticonvulsants.

(3) No permit holder shall have more than one person under general anesthesia, deep sedation, moderate sedation, minimal sedation or nitrous oxide sedation at the same time.

(4) During the administration of deep sedation or general anesthesia, and at all times while the patient is under deep sedation or general anesthesia, an anesthesia monitor, and one other person holding a current BLS for Healthcare Providers certificate or its equivalent, shall be present in the operatory in addition to the dentist permit holder performing the dental procedures.

(5) Before inducing deep sedation or general anesthesia the dentist permit holder who induces deep sedation or general anesthesia shall:

(a) Evaluate the patient and document, using the American Society of Anesthesiologists (ASA)Patient Physical Status Classifications, that the patient is an appropriate candidate for general anesthesia or deep sedation;

(b) Give written preoperative and postoperative instructions to the patient or, when appropriate due to age or psychological status of the patient, the patient's guardian; and

(c) Obtain written informed consent from the patient or patient's guardian for the anesthesia. The obtaining of the informed consent shall be documented in the patient’s record.

(6) A patient under deep sedation or general anesthesia shall be visually monitored at all times, including recovery phase. A dentist permit holder who induces deep sedation or general anesthesia or anesthesia monitor trained in monitoring patients under deep sedation or general anesthesia shall monitor and record the patient's condition on a contemporaneous record.

(7) Persons serving as anesthesia monitors for general anesthesia in a dental office shall maintain current certification in BLS for Healthcare Providers Basic Life Support (BLS), or its equivalent, shall be trained and competent in monitoring patient vital signs, in the use of monitoring and emergency equipment appropriate for the level of sedation utilized. ("competent" means displaying special skill or knowledge derived from training and experience.)

(8) The patient shall be monitored as follows:

(a) Patients must have continuous monitoring of their heart rate, heart rhythm, oxygen saturation levels and respiration using pulse oximetry, electrocardiograph monitors (ECG) and End-tidal CO2 monitors. The patient's blood pressure, heart rate and oxygen saturation shall be assessed every five minutes, and shall be contemporaneously documented in the patient record. The record must also include documentation of preoperative and postoperative vital signs, all medications administered with dosages, time intervals and route of administration. The person administering the anesthesia and the person monitoring the patient may not leave the patient while the patient is under deep sedation or general anesthesia;

(b) Once sedated, a patient shall remain in the operatory for the duration of treatment until criteria for transportation to recovery have been met.

(c) During the recovery phase, the patient must be monitored, including the use of pulse oximetry, by an individual trained to monitor patients recovering from general anesthesia.

(9) A dentist permit holder shall not release a patient who has undergone deep sedation or general anesthesia except to the care of a responsible third party. When a reversal agent is administered, the dentist permit holder shall document justification for its use and how the recovery plan was altered.

(10) The dentist permit holder shall assess the patient's responsiveness using preoperative values as normal guidelines and discharge the patient only when the following criteria are met:

(a) Vital signs including blood pressure, pulse rate and respiratory rate are stable;

(b) The patient is alert and oriented to person, place and time as appropriate to age and preoperative psychological status;

(d) The patient can sit up unaided;

(e) The patient can ambulate with minimal assistance; and

(f) The patient does not have nausea or vomiting and has minimal dizziness.

(11) A discharge entry shall be made in the patient's record by the dentist permit holder indicating the patient's condition upon discharge and the name of the responsible party to whom the patient was discharged.

(12) Pursuant to OAR 818-042-0115 a Certified Anesthesia Dental Assistant, when directed by a dentist permit holder, may introduce additional anesthetic agents to an infusion line under the direct visual supervision of a dentist permit holder.

(13) Permit renewal. In order to renew a General Anesthesia Permit, the permit holder must provide documentation of a current BLS for Healthcare Providers certificate or its equivalent; a current Advanced Cardiac Life Support (ACLS) certificate and/or a current Pediatric Advanced Life Support (PALS) certificate; and must complete 14 hours of continuing education in one or more of the following areas every two years: sedation, physical evaluation, medical emergencies, monitoring and the use of monitoring equipment, or pharmacology of drugs and agents used in sedation. Training taken to maintain current ACLS and/or PALS certificates may be counted toward this requirement. Continuing education hours may be counted toward fulfilling the continuing education requirement set forth in OAR 818-021-0060.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.250(7) & 679.250(10)
OBD 2-2024, amend filed 10/28/2024, effective 01/01/2025
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 4-2015, f. 9-8-15, cert. ef. 1-1-16
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 1-2013, f. 5-15-13, cert. ef. 7-1-13
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 2-2011(Temp), f. 5-9-11, cert. ef. 6-1-11 thru 1-27-11
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 1-2005, f. 1-28-05, cert. ef. 2-1-05
OBD 3-2003, f. 9-15-03, cert. ef. 10-1-03
OBD 2-2000(Temp), f. 5-22-00, cert. ef. 5-22-00 thru 11-18-00
OBD 6-1999, f. 6-25-99, cert. ef. 7-1-99
OBD 2-1998, f. 7-13-98, cert. ef. 10-1-98

Or. Admin. R. 818-026-0080 Standards Applicable When a Dentist Performs Dental Procedures and a Qualified Provider Induces Anesthesia

(1) A dentist who does not hold an anesthesia permit may perform dental procedures on a patient who receives anesthesia induced by a physician anesthesiologist licensed by the Oregon Medical Board, another Oregon licensed dentist holding an appropriate anesthesia permit, or a Certified Registered Nurse Anesthetist (CRNA) licensed by the Oregon Board of Nursing.

(2) A dentist who does not hold a Nitrous Oxide Permit for nitrous oxide sedation may perform dental procedures on a patient who receives nitrous oxide induced by an Oregon licensed dental hygienist holding a Nitrous Oxide Permit.

(3) A dentist who performs dental procedures on a patient who receives anesthesia induced by a physician anesthesiologist, another dentist holding an anesthesia permit, a CRNA, or a dental hygienist who induces nitrous oxide sedation, shall maintain a current BLS for Healthcare Providers certificate, or its equivalent, and have the same personnel, facilities, equipment and drugs available during the procedure and during recovery as required of a dentist who has a permit for the level of anesthesia being provided.

(4) A dentist, a dental hygienist or an Expanded Function Dental Assistant (EFDA) who performs procedures on a patient who is receiving anesthesia induced by a physician anesthesiologist, another dentist holding an anesthesia permit or a CRNA shall not schedule or treat patients for non emergent care during the period of time of the sedation procedure.

(5) Once anesthetized, a patient shall remain in the operatory for the duration of treatment until criteria for transportation to recovery have been met.

(6) The qualified anesthesia provider who induces moderate sedation, deep sedation or general anesthesia shall monitor the patient until easily arousable and can independently and continuously maintain their airway with stable vital signs. Once this has occurred the patient may be monitored by a qualified anesthesia monitor until discharge criteria is met. The patient’s dental record shall document the patient's condition at discharge as required by the rules applicable to the level of anesthesia being induced. A copy of the anesthesia record shall be maintained in the patient's dental record and is the responsibility of the dentist who is performing the dental procedures.

(7) No qualified provider shall have more than one person under any form of sedation or general anesthesia at the same time exclusive of recovery.

(8) A dentist who intends to use the services of a qualified anesthesia provider as described in section 1 above, shall notify the Board in writing of his/her intent. Such notification need only be submitted once every licensing period.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.250(7) & ORS 679.250(10)
OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 3-2015, f. 9-8-15, cert. ef. 10-1-15
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 1-2006, f. 3-17-06, cert. ef. 4-1-06
OBD 1-2005, f. 1-28-05, cert. ef. 2-1-05
OBD 3-2003, f. 9-15-03, cert. ef. 10-1-03
OBD 2-1998, f. 7-13-98, cert. ef. 10-1-98

Or. Admin. R. 818-026-0110 Office Evaluations

(1) By obtaining an anesthesia permit or by using the services of a physician anesthesiologist, CRNA, an Oregon licensed dental hygienist permit holder or another dentist permit holder to administer anesthesia, a licensee consents to in-office evaluations by the Oregon Board of Dentistry, to assess competence in central nervous system anesthesia and to determine compliance with rules of the Board.

(2) The in-office evaluation may include, but is not limited to:

(a) Observation of one or more cases of anesthesia to determine the appropriateness of technique and adequacy of patient evaluation and care;

(b) Inspection of facilities, equipment, drugs and records; and

(c) Confirmation that personnel are adequately trained, hold a current BLS for Healthcare Providers certificate, or its equivalent, and are competent to respond to reasonable emergencies that may occur during the administration of anesthesia or during the recovery period.

(3) The evaluation shall be performed by a team appointed by the Board and shall include:

(a) A permit holder who has the same type of license as the licensee to be evaluated and who holds a current anesthesia permit in the same class or in a higher class than that held by the licensee being evaluated.

(b) A member of the Board's Anesthesia Committee; and

(c) Any licensed dentist, deemed appropriate by the Board President, may serve as team leader and shall be responsible for organizing and conducting the evaluation and reporting to the Board.

(4) The Board shall give written notice of its intent to conduct an office evaluation to the licensee to be evaluated. Licensee shall cooperate with the evaluation team leader in scheduling the evaluation which shall be held no sooner than 30 days after the date of the notice or later than 90 days after the date of the notice.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.250(7) & (10)
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 4-2015, f. 9-8-15, cert. ef. 1-1-16
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 1-2005, f. 1-28-05, cert. ef. 2-1-05
OBD 3-2003, f. 9-15-03, cert. ef. 10-1-03
OBD 2-1998, f. 7-13-98, cert. ef. 10-1-98

Or. Admin. R. 818-026-0120 Reporting of Death, Serious Complications or Injury

If a death, any serious complication or any injury occurs which may have resulted from the administration of any central nervous system anesthesia or sedation, the licensee performing the dental procedure must submit a written detailed report to the Board within five days of the incident along with the patient's original complete dental records. If the anesthetic agent was administered by a person other than the person performing the dental procedure, that person must also submit a detailed written report. The detailed report(s) must include:

(1) Name, age and address of patient;

(2) Name of the licensee and other persons present during the incident;

(3) Address where the incident took place;

(4) Type of anesthesia and dosages of drugs administered to the patient;

(5) A narrative description of the incident including approximate times and evolution of symptoms; and

(6) The anesthesia record and the signed informed consent form for the anesthesia when required.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.250(7) & 679.250(10)
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 1-2005, f. 1-28-05, cert. ef. 2-1-05
OBD 3-2003, f. 9-15-03, cert. ef. 10-1-03
OBD 6-1999, f. 6-25-99, cert. ef. 7-1-99
OBD 2-1998, f. 7-13-98, cert. ef. 10-1-98

Or. Admin. R. 818-026-0130 Anesthesia Committee

(1) The Board hereby creates a committee to be known as the Anesthesia Committee. The chairperson shall be a dentist who is a member of the Board. All other members shall hold a Moderate, Deep Sedation or General Anesthesia Sedation Permit. At least one member, other than the chairperson, shall be a practicing specialist who holds a General Anesthesia Permit. Members serve at the pleasure of the Board and shall be appointed by the President of the Board. The Board President shall insure that the committee includes representatives of dental specialty groups including general dentists.

(2) The Anesthesia Committee shall, upon request of the Board, advise the Board on policies and procedures related to the regulation of general anesthesia, deep sedation, moderate sedation, minimal sedation and nitrous oxide sedation.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.280
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 1-2005, f. 1-28-05, cert. ef. 2-1-05
OBD 3-2003, f. 9-15-03, cert. ef. 10-1-03
OBD 6-1999, f. 6-25-99, cert. ef. 7-1-99
OBD 2-1998, f. 7-13-98, cert. ef. 10-1-98

Division 35 DENTAL HYGIENE

Or. Admin. R. 818-035-0010 Definitions

All terms used in this Division shall have the meanings assigned under ORS 679.010 except that:

(1) "Limited Access Patient" means a patient who is unable to receive regular dental hygiene treatment in a dental office.

(2) "Long-Term Care Facility" shall have the same definition as that established under ORS 442.015(14)(b).

(3) When performed by an Expanded Practice Dental Hygienist with a Collaborative Agreement in accordance with OAR 818-035-0065 (5):

(a) “Temporary Restoration” means a restoration placed for a shorter time interval for use while definitive restoration is being fabricated or placed in the future.

(b) “Atraumatic/Alternative Restorative Techniques” means restoring and preventing caries in limited access patients and as a community measure to control caries in large numbers of the population.

(c) “Interim Therapeutic Restoration” means a direct provisional restoration placed to temporarily stabilize a tooth until a dentist subsequently diagnoses the need for further definitive treatment, and that:

(A) Consists of the removal of soft material from the tooth using only hand instrumentation and subsequent placement of an adhesive restorative material; and

(B) Does not require the administration of local anesthesia.

History

Statutory/Other Authority: ORS 679.250(7) & 680.150
Statutes/Other Implemented: ORS 679.010 & 680.010
OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022
OBD 2-2009, f. 10-21-09, cert. ef. 11-1-09
OBD 3-1998, f. & cert. ef. 7-13-98
DE 2-1992, f. & cert. ef. 6-24-92
DE 5-1984, f. & ef. 5-17-84

Or. Admin. R. 818-035-0020 Authorization to Practice

(1) A supervising dentist, without first examining a new patient, may authorize a dental hygienist:

(a) To take a health history from a patient;

(b) To take dental radiographs;

(d) To gather data regarding the patient; and

(e) To diagnose, treatment plan and provide dental hygiene services.

(2) When dental hygiene services are provided pursuant to subsection (1), the supervising dentist need not be on the premises when the services are provided.

(3) When dental hygiene services are provided pursuant to subsection (1), the patient must be scheduled to be examined by the supervising dentist within fifteen business days following the day the dental hygiene services are provided.

(4) If a new patient has not been examined by the supervising dentist subsequent to receiving dental hygiene services pursuant to subsection (1), no further dental hygiene services may be provided until an examination is done by the supervising dentist.

(5) A dental hygienist may practice dental hygiene in the places specified by ORS 680.150 under general supervision upon authorization of a supervising dentist. When dental hygiene services are provided pursuant to this subsection, subsections (2), (3) and (4) also apply.

(6) A dentist who authorizes a dental hygienist to practice dental hygiene on a limited access patient must review the dental hygienist's findings.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 680.150
OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022
OBD 1-2013, f. 5-15-13, cert. ef. 7-1-13
OBD 1-2008, f. 11-10-08, cert. ef. 12-1-08 OBD 3-2001, f. & cert. ef. 1-8-01 DE 2-1992, f. & cert. ef. 6-24-92 DE 3-1986, f. & cert. ef. 3-31-86 DE 5-1984, f. & cert. ef. 5-17-84, Renumbered from 818-010-0110 DE 4-1980, f. & cert. ef. 9-8-80 DE 5-1978, f. & cert. ef. 6-14-78 DE 21-1974, f. 1-9-74, cert. ef. 2-11-74 DE 17-1972, f. 1-20-72, cert. ef. 2-1-72 DE11-1971, f. 3-31-71, cert. ef. 4-25-71 DE 8-1967, f. 3-20-67, cert. ef. 3-21-67 DE 7-1966, f. 2-3-66, cert. ef. 2-26-66

Or. Admin. R. 818-035-0025 Prohibited Acts

A dental hygienist may not:

(1) Diagnose and treatment plan other than for dental hygiene services;

(2) Cut hard or soft tissue with the exception of root planing, except as provided in OAR 818-035- 0065;

(3) Extract any tooth;

(4) Perform intraoral adjustment of fixed and removable prosthesis or appliances.

(5) Prescribe, administer or dispense any drugs except as provided by OAR 818-035-0030, OAR 818-035-0040, OAR 818-026-0060(12), OAR 818-026-0065(12) and 818-026-0070 (12);

(6) Place, condense, carve or cement permanent restorations except as provided in OAR 818- 035-0072, or operatively prepare teeth;

(7) Irrigate or medicate canals; try in cones, or ream, file or fill canals;

(8) Use the behavior management techniques of Hand Over Mouth (HOM) or Hand Over Mouth Airway Restriction (HOMAR) on any patient.

(9) Place or remove healing caps or healing abutments, except under indirect supervision.

(10) Place implant impression copings, except under indirect supervision.

(11) Act in violation of Board statute or rules.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.020(1)
OBD 2-2025, amend filed 10/27/2025, effective 12/01/2025
OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022
OBD 3-2015, f. 9-8-15, cert. ef. 10-1-15
OBD 1-2015(Temp), f. & cert. ef. 4-17-15 thru 10-13-15
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 1-2008, f. 11-10-08, cert. ef. 12-1-08
OBD 2-2007, f. 4-26-07, cert. ef. 5-1-07
OBD 2-2005, f. 1-31-05, cert. ef. 2-1-05
OBD 15-2001, f. 12-7-01, cert. ef. 1-1-02
OBD 2-2001, f. & cert. ef. 1-8-01
Reverted to OBD 7-1999, f. 6-25-99, cert. ef. 7-1-99
OBD 2-2000(Temp), f. 5-22-00, cert. ef. 5-22-00 thru 11-18-00
OBD 7-1999, f. 6-25-99, cert. ef. 7-1-99
DE 2-1997, f. & cert. ef. 2-20-97
DE 2-1992, f. & cert. ef. 6-24-92

Or. Admin. R. 818-035-0030 Additional Functions of Dental Hygienists

(1) In addition to functions set forth in ORS 679.010, a dental hygienist may perform the following functions under the general supervision of a licensed dentist:

(a) Make preliminary intra-oral and extra-oral examinations and record findings;

(b) Place periodontal dressings;

(d) Perform all functions delegable to dental assistants and expanded function dental assistants providing that the dental hygienist is appropriately trained;

(e) Administer and dispense antimicrobial solutions or other antimicrobial agents in the performance of dental hygiene functions.

(f) Prescribe, administer and dispense fluoride, fluoride varnish, antimicrobial solutions for mouth rinsing or other non-systemic antimicrobial agents.

(g) Use high-speed handpieces to polish restorations and to remove cement and adhesive material.

(h) Apply temporary soft relines after manufacturer required denture preparationto complete dentures for the purpose of tissue conditioning.

(i) Perform all aspects of teeth whitening procedures.

(2) A dental hygienist may perform the following functions at the locations and for the persons described in ORS 680.205(1) and (2) without the supervision of a dentist:

(a) Determine the need for and appropriateness of sealants or fluoride; and

(b) Apply sealants or fluoride.

(3) In addition to functions set forth in ORS 679.010, a dental hygienist may perform the following functions under the indirect supervision of a licensed dentist:

(a) Upon successful completion of a course in intravenous access or phlebotomy approved by the Board, a dental hygienist may initiate an intravenous (IV) infusion line for a patient being prepared for IV medications, sedation, or general anesthesia under the indirect supervision of a dentist holding the appropriate anesthesia permit.

(b) Upon successful completion of a course in intravenous access or phlebotomy approved by the Board, a dental hygienist may perform a phlebotomy blood draw under the indirect supervision of a dentist. Products obtained through a phlebotomy blood draw may only be used by the dentist, to treat a condition that is within the scope of the practice of dentistry.

(4) Perform extraoral adjustment of fixed and removable prosthesis or appliances.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.025(2)(j)
OBD 2-2025, amend filed 10/27/2025, effective 12/01/2025
OBD 1-2024, amend filed 03/08/2024, effective 05/01/2024
OBD 3-2015, f. 9-8-15, cert. ef. 10-1-15
OBD 1-2015(Temp), f. & cert. ef. 4-17-15 thru 10-13-15
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 2-2009, f. 10-21-09, cert. ef. 11-1-09
OBD 1-2008, f. 11-10-08, cert. ef. 12-1-08
OBD 3-2007, f. & cert. ef. 11-30-07
OBD 2-2005, f. 1-31-05, cert. ef. 2-1-05
OBD 1-2004, f. 5-27-04, cert. ef. 6-1-04
OBD 15-2001, f. 12-7-01, cert. ef. 1-1-02
OBD 1-2001, f. & cert. ef. 1-8-01
OBD 7-1999, f. 6-25-99, cert. ef. 7-1-99
DE 2-1992, f. & cert. ef. 6-24-92
DE 3-1986, f. & ef. 3-31-86
DE 5-1984, f. & ef. 5-17-84

Or. Admin. R. 818-035-0040 Expanded Functions of Dental Hygienists

(1) Upon completion of a course of instruction in a program accredited by the Commission on Dental Accreditation of the American Dental Association or other course of instruction approved by the Board, a dental hygienist who completes a Board approved application shall be issued an endorsement to administer local anesthetic agents and local anesthetic reversal agents under the general supervision of a licensed dentist. Local anesthetic reversal agents shall not be used on children less than 6 years of age or weighing less than 33 pounds.

(2) Upon completion of a course of instruction in a program accredited by the Commission on Dental Accreditation of the American Dental Association or other course of instruction approved by the Board, a dental hygienist may administer nitrous oxide under the indirect supervision of a licensed dentist in accordance with the Board’s rules regarding anesthesia.

(3) Upon completion of a course of instruction approved by the Oregon Health Authority, Public Health Division, a dental hygienist may purchase Epinephrine and administer Epinephrine in an emergency.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.025(2)(j) & 679.250(7)
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 1-2008, f. 11-10-08, cert. ef. 12-1-08
OBD 3-2007, f. & cert. ef. 11-30-07
OBD 2-2007, f. 4-26-07, cert. ef. 5-1-07
OBD 15-2001, f. 12-7-01, cert. ef. 1-1-02
OBD 8-1999, f. 8-10-99, cert. ef. 1-1-00
OBD 7-1999, f. 6-25-99, cert. ef. 7-1-99
OBD 3-1998, f. & cert. ef. 7-13-98
DE 2-1992, f. & cert. ef. 6-24-92
DE 3-1986, f. & ef. 3-31-86
DE 5-1984, f. & ef. 5-17-84

Or. Admin. R. 818-035-0065 Expanded Practice Dental Hygiene Permit

The Board shall issue an Expanded Practice Permit to a Dental Hygienist who holds an unrestricted Oregon license, and completes an application approved by the Board, pays the permit fee, and

(1) Certifies on the application that the dental hygienist has completed at least 2,500 hours of supervised dental hygiene clinical practice, or clinical teaching hours, and also completes 40 hours of courses chosen by the applicant in clinical dental hygiene or public health sponsored by continuing education providers approved by the Board; or

(2) Certifies on the application that the dental hygienist has completed a course of study, before or after graduation from a dental hygiene program, that includes at least 500 hours of dental hygiene practice on patients described in ORS 680.205; and

(3) Provides the Board with a copy of the applicant's current professional liability policy or declaration page which will include, the policy number and expiration date of the policy.

(4) Notwithstanding OAR 818-035-0025(1), prior to performing any dental hygiene services an Expanded Practice Dental Hygienist shall examine the patient, gather data, interpret the data to determine the patient's dental hygiene treatment needs and formulate a patient care plan.

(5) An Expanded Practice Dental Hygienist may render the services described in paragraphs (6), (7)(a) to (e) of this rule to the patients described in ORS 680.205(1) if the Expanded Practice Dental Hygienist has entered into a written collaborative agreement in a format approved by the Board with a dentist licensed under ORS Chapter 679.

(6) Upon completion of a Board-approved curriculum, an Expanded Practice Permit Dental Hygienist may perform interim therapeutic restorations as allowed by ORS 680.205.

(7) The collaborative agreement must set forth the agreed upon scope of the dental hygienist’s practice with regard to:

(a) Administering local anesthesia;

(b) Administering temporary restorations with or without excavation;

(d) Performing interim therapeutic restorations after diagnosis by a dentist; and

(e) Referral parameters.

(8) The collaborative agreement must comply with ORS 679.010 to 680.990

History

Statutory/Other Authority: ORS 680
Statutes/Other Implemented: ORS 680.200
OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022
OBD 3-2015, f. 9-8-15, cert. ef. 10-1-15
OBD 2-2012, f. 6-14-12, cert. ef. 7-1-12
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 3-2007, f. & cert. ef. 11-30-07
OBD 3-2001, f. & cert. ef. 1-8-01
OBD 1-1998, f. & cert. ef. 6-8-98

Or. Admin. R. 818-035-0066 Additional Populations for Expanded Practice Dental Hygiene Permit Holders

A dental hygienist with an Expanded Practice Permit may practice without supervision at locations and on persons as described in ORS 680.205(1)(a) through (e) and on the following additional populations: Low-income persons, as defined by earning up to 200% of the Federal Poverty Level or on specific population groups designated by the Dental Health Professional Shortage Areas (DHPSA) that lack access to care and that are underserved.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: 680.205 & 679.250(9)
OBD 1-2013, f. 5-15-13, cert. ef. 7-1-13
OBD 2-2012, f. 6-14-12, cert. ef. 7-1-12

Or. Admin. R. 818-035-0072 Restorative Functions of Dental Hygienists

(1) The Board shall issue a Restorative Functions Endorsement (RFE) to a dental hygienist who holds an unrestricted Oregon license, and has successfully completed:

(a) A Board approved curriculum from a program accredited by the Commission on Dental Accreditation of the American Dental Association or other course of instruction approved by the Board, and successfully passed the CDCA-WREB-CITA's Dental Hygiene Restorative Examination or other equivalent examinations approved by the Board within the last five years; or

(b) If successful passage of the CDCA-WREB-CITA's Dental Hygiene Restorative Examination or other equivalent examinations approved by the Board occurred over five years from the date of application, the applicant must submit verification from another state or jurisdiction where the applicant is legally authorized to perform restorative functions and certification from the supervising dentist of successful completion of at least 25 restorative procedures within the immediate five years from the date of application.

(2) A dental hygienist may perform the placement and finishing of direct restorations, except gold foil, under the indirect supervision of a licensed dentist, after the supervising dentist has prepared the tooth (teeth) for restoration(s):

(a) These functions can only be performed after the patient has given informed consent for the procedure and informed consent for the placement of the restoration(s) by a Restorative Functions Endorsement dental hygienist;

(b) Before the patient is released, the final restoration(s) shall be checked by a dentist and documented in the chart.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.010(3) & 679.250(7)
OBD 2-2024, amend filed 10/28/2024, effective 01/01/2025
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 1-2013, f. 5-15-13, cert. ef. 7-1-13
OBD 2-2007, f. 4-26-07, cert. ef. 5-1-07

Or. Admin. R. 818-035-0100 Record Keeping

(1) An Expanded Practice Dental Hygienist shall refer a patient annually to a dentist who is available to treat the patient, and note in the patient's official chart held by the facility that the patient has been referred.

(2) When a licensed dentist has authorized an Expanded Practice Dental Hygienist to administer local anesthesia, place temporary restorations without excavation, perform interim therapeutic restorations with or without excavation after diagnosis by a dentist, or prescribe prophylactic antibiotics and nonsteroidal anti-inflammatory drugs, the Expanded Practice Dental Hygienist shall document in the patient's official chart the name of the collaborating dentist and date the collaborative agreement was entered into.

History

Statutory/Other Authority: ORS 680
Statutes/Other Implemented: ORS 680.205(2) & (3)
OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 2-2009, f. 10-21-09, cert. ef. 11-1-09
OBD 1-2008, f. 11-10-08, cert. ef. 12-1-08
OBD 1-1998, f. & cert. ef. 6-8-98

Division 38 DENTAL THERAPY

Or. Admin. R. 818-038-0001 Definitions

(1) “Dental Therapist” means a person licensed to practice dental therapy under ORS 679.603.

(2) “Dental Therapy” means the provision of preventive dental care, restorative dental treatment and other educational, clinical and therapeutic patient services as part of a dental care team, including the services described under ORS 679.621.

(3) "Direct Supervision" means supervision requiring that a dentist diagnose the condition to be treated, that a dentist authorize the procedure to be performed, and that a dentist remain in the dental treatment room while the procedures are performed.

(4) "General Supervision" means supervision requiring that a dentist authorize the procedures, but not requiring that a dentist be present when the authorized procedures are performed. The authorized procedures may also be performed at a place other than the usual place of practice of the dentist.

(5) "Indirect Supervision" means supervision requiring that a dentist authorize the procedures and that a dentist be on the premises while the procedures are performed.

(6) "Informed Consent" means the consent obtained following a thorough and easily understood explanation to the patient, or patient's guardian, of the proposed procedures, any available alternative procedures and any risks associated with the procedures. Following the explanation, the licensee shall ask the patient, or the patient's guardian, if there are any questions. The licensee shall provide thorough and easily understood answers to all questions asked.

(7) “Collaborative Agreement” means a written and signed agreement entered into between a dentist and a dental therapist under ORS 679.618.

History

Statutory/Other Authority: ORS 679 & ORS 679.600
Statutes/Other Implemented: ORS 679.600, ORS 679.603, ORS 679.618 & ORS 679.621
OBD 1-2022, adopt filed 06/21/2022, effective 07/01/2022

Or. Admin. R. 818-038-0005 Dental Therapy Education Program

The Board defines “Dental Therapy Education Program” as:

(1) A program accredited by the Commission on Dental Accreditation of the American Dental Association, or its successor organization, and approved by the Board by rule;

(2) A dental pilot project as defined in ORS 679.600 and includes at least 500 hours of combined didactic and hands-on clinical dental therapy practice.

(3) Beginning January 1, 2025, no new applicants may qualify for licensure under section 2, unless they completed training within a fully approved OHA dental therapy pilot project prior to January 1, 2025.

History

Statutory/Other Authority: ORS 679 & ORS 679.600
Statutes/Other Implemented: ORS 679.621, ORS 679.600 & ORS 679.603
OBD 1-2022, adopt filed 06/21/2022, effective 07/01/2022

Or. Admin. R. 818-038-0010 Authorization to Practice

(1) A dental therapist may practice dental therapy only under the supervision of a dentist and pursuant to a collaborative agreement with the dentist that outlines the supervision logistics and requirements for the dental therapist’s practice.

(2) A dental therapist shall dedicate at least 51 percent of the dental therapist’s practice to patients who represent underserved populations, as defined by the Oregon Health Authority by rule, or patients located in dental care health professional shortage areas, as determined by the authority.

(3) A dental therapist may perform the procedures listed in OAR 818-038-0020 so long as the procedures were included in the dental therapist’s education program or the dental therapist has received additional training in the procedure through a Board approved course.

History

Statutory/Other Authority: ORS 679 & ORS 679.621
Statutes/Other Implemented: ORS 679.621 & ORS 679.600
OBD 1-2022, adopt filed 06/21/2022, effective 07/01/2022

Or. Admin. R. 818-038-0020 Scope of Practice

(1) A dental therapist may perform, pursuant to the dental therapist’s collaborative agreement, the following procedures under the general supervision of the dentist:

(a) Identification of conditions requiring evaluation, diagnosis or treatment by a dentist, a physician licensed under ORS chapter 677, a nurse practitioner licensed under ORS 678.375 to 678.390 or other licensed health care provider;

(b) Comprehensive charting of the oral cavity;

(d) Exposing and evaluation of radiographic images;

(e) Dental prophylaxis, including subgingival scaling and polishing procedures;

(f) Application of topical preventive or prophylactic agents, including fluoride varnishes and pit and fissure sealants;

(g) Administering local anesthetic;

(h) Pulp vitality testing;

(i) Application of desensitizing medication or resin;

(j) Fabrication of athletic mouth guards;

(k) Changing of periodontal dressings;

(L) Simple extractions of erupted primary anterior teeth and coronal remnants of any primary teeth;

(m) Emergency palliative treatment of dental pain;

(n) Preparation and placement of direct restoration in primary and permanent teeth;

(o) Fabrication and placement of single-tooth temporary crowns;

(p) Preparation and placement of preformed crowns on primary teeth;

(q) Indirect pulp capping on permanent teeth;

(r) Indirect pulp capping on primary teeth;

(s) Suture removal;

(t) Minor adjustments and repairs of removable prosthetic devices;

(u) Atraumatic restorative therapy and interim restorative therapy;

(v) Oral examination, evaluation and diagnosis of conditions within the scope of practice of the dental therapist and with the supervising dentist’s authorization;

(w) Removal of space maintainers;

(x) The dispensation and oral or topical administration of:

(A) Nonnarcotic analgesics;

(B) Anti-inflammatories; and

(y) Other services as specified by the Oregon Board of Dentistry by rule.

(2) A dental therapist may perform, pursuant to the dental therapist’s collaborative agreement, the following procedures under the indirect supervision of the dentist:

(a) Placement of temporary restorations;

(b) Fabrication of soft occlusal guards;

(d) Tooth reimplantation and stabilization;

(e) Recementing of permanent crowns;

(f) Pulpotomies on primary teeth;

(g) Simple extractions of:

(A) Erupted posterior primary teeth; and

(B) Permanent teeth that have horizontal movement of greater than two millimeters or vertical movement and that have at least 50 percent periodontal bone loss;

(h) Brush biopsies; and

(i) Direct pulp capping on permanent teeth.

(3) The dentist described in subsection (2) of this section shall review a procedure described in subsection (2) of this section that is performed by the dental therapist and the patient chart that contains information regarding the procedure.

(4)(a) A dental therapist may supervise a dental assistant and an expanded function dental assistant, as defined by the board by rule, if the dental therapist is authorized to perform the services provided by the dental assistant or expanded function dental assistant.

(b) A dental therapist may supervise up to two individuals under this subsection.

History

Statutory/Other Authority: ORS 679 & ORS 679.600
Statutes/Other Implemented: ORS 679.600, ORS 679.603 & ORS 679.618
OBD 1-2022, adopt filed 06/21/2022, effective 07/01/2022

Or. Admin. R. 818-038-0022 Additional Functions of Dental Therapists

In addition to functions set forth in ORS 679.010, a dental therapist may perform the following functions under the indirect supervision of a licensed dentist:

(1) Upon successful completion of a course in intravenous access or phlebotomy approved by the Board, a dental therapist may initiate an intravenous (IV) infusion line for a patient being prepared for IV medications, sedation, or general anesthesia under the indirect supervision of a dentist holding the appropriate anesthesia permit.

(2) Upon successful completion of a course in intravenous access or phlebotomy approved by the Board, a dental therapist may perform a phlebotomy blood draw under the indirect supervision of a dentist. Products obtained through a phlebotomy blood draw may only be used by the dentist, to treat a condition that is within the scope of the practice of dentistry.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.600
OBD 1-2024, adopt filed 03/08/2024, effective 05/01/2024

Or. Admin. R. 818-038-0025 Prohibited Acts

A dental therapist may not:

(1) Place or Restore Dental Implants or any other soft tissue surgery except as described in 818-038-0020.

(2) Prescribe any drugs, unless permitted by ORS 679.010.

(3) Use the behavior management techniques of Hand Over Mouth (HOM) or Hand Over Mouth Airway Restriction (HOMAR) on any patient.

(4) Perform any dental therapy procedure unless it is documented in the collaborative agreement and rendered under appropriate Oregon Licensed Dentist supervision.

(5) Operate a hard or soft tissue Laser.

(6) Treat a patient under moderate, deep or general anesthesia.

(7) Order a computerized tomography scan.

History

Statutory/Other Authority: ORS 679, ORS 679.603 & ORS 679.010
Statutes/Other Implemented: ORS 679.603 & ORS 679.010
OBD 1-2022, adopt filed 06/21/2022, effective 07/01/2022

Or. Admin. R. 818-038-0030 Collaborative Agreements

(1) A dentist may supervise and enter into collaborative agreements with up to three dental therapists at any one time.

(2) A dental therapist may enter into a collaborative agreement with more than one dentist if each collaborative agreement includes the same supervision and requirements of scope of practice.

(3) The collaborative agreement must include at least the following information:

(a) The level of supervision required for each procedure performed by the dental therapist;

(b) Circumstances under which the prior knowledge and consent of the dentist is required to allow the dental therapist to provide a certain service or perform a certain procedure;

(d) Any limitation on the care the dental therapist may provide;

(e) Patient age-specific and procedure-specific practice protocols, including case selection criteria, assessment guidelines and imaging frequency;

(f) Procedures for creating and maintaining dental records for patients treated by the dental therapist;

(g) Guidelines for the management of medical emergencies in each of the practice settings in which the dental therapist provides care;

(h) A quality assurance plan for monitoring care provided by the dental therapist, including chart review, patient care review and referral follow-up;

(i) Protocols for the dispensation and administration of drugs by the dental therapist, (as described in ORS 679.621) including circumstances under which the dental therapist may dispense and administer drugs;

(j) Criteria for the provision of care to patients with specific medical conditions or complex medical histories, including any requirements for consultation with the dentist prior to the provision of care; and

(k) Protocols for when a patient requires treatment outside the dental therapist’s scope of practice (in accordance with ORS 679.618), including for referral of the patient for evaluation and treatment by the dentist, a physician licensed under ORS chapter 677, a nurse practitioner licensed under ORS 678.375 to 678.390 or other licensed health care provider.

(4) In addition to the information described in subsection (3) of this section, a collaborative agreement must include a provision that requires the dental therapist to consult with a dentist if the dental therapist intends to perform an irreversible surgical procedure under general supervision on a patient who has a severe systemic disease. Severe systemic disease is defined as ASA III.

History

Statutory/Other Authority: ORS 679 & ORS 679.618
Statutes/Other Implemented: ORS 679.618 & ORS 679.621
OBD 1-2022, adopt filed 06/21/2022, effective 07/01/2022

Or. Admin. R. 818-038-0035 Record Keeping

(1) A dental therapist shall annually submit a signed copy of their collaborative agreement (s) to the Oregon Board of Dentistry. If the collaborative agreement(s) are revised in between annual submissions, a signed and dated copy of the revised collaborative agreement(s) must be submitted to the board as soon as practicable after the revision is made.

(2) The annual submission of the collaborative agreement shall coincide with the license renewal period between August 1 and September 30 each year.

(3) A dental therapist shall purchase and maintain liability insurance.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.618 & ORS 679.624
OBD 1-2022, adopt filed 06/21/2022, effective 07/01/2022

Division 42 DENTAL ASSISTING

Or. Admin. R. 818-042-0010 Definitions

(1) “Dental Assistant” means a person who, under the supervision of a dentist, renders assistance to a dentist, dental hygienist, dental therapist or another dental assistant or renders assistance under the supervision of a dental hygienist providing dental hygiene services.

(2) “Expanded Function Dental Assistant” means a dental assistant certified by the Board to perform expanded function duties.

(3) “Expanded Function Orthodontic Assistant” means a dental assistant certified by the Board to perform expanded orthodontic function duties.

(4) “Direct Supervision” means supervision requiring that a dentist diagnose the condition to be treated, that a dentist authorize the procedure to be performed, and that a dentist remain in the dental treatment room while the procedures are performed.

(5) “Indirect Supervision” means supervision requiring that a dentist authorize the procedures and that a dentist be on the premises while the procedures are performed.

(6) “General Supervision” means supervision requiring that a dentist authorize the procedures, but not requiring that a dentist be present when the authorized procedures are performed. The authorized procedures may also be performed at a place other than the usual place of practice of the dentist.

(7) “Dental Assisting National Board (DANB)” is recognized by the Board as an acceptable testing agency for administering dental assistant examinations for certifications.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.025(2)(j), 679.250(7) & ORS 679.600
OBD 2-2024, amend filed 10/28/2024, effective 01/01/2025
OBD 3-2023, minor correction filed 07/11/2023, effective 07/11/2023
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
OBD 1-2004, f. 5-27-04, cert. ef. 6-1-04
OBD 9-1999, f. 8-10-99, cert. ef. 1-1-00

Or. Admin. R. 818-042-0020 Dentist, Dental Therapist and Dental Hygienist Responsibility

(1) A dentist is responsible for assuring that a dental assistant has been properly trained, has demonstrated proficiency, and is supervised in all the duties the assistant performs in the dental office. Unless otherwise specified, dental assistants shall work under indirect supervision in the dental office.

(2) A dental hygienist who works under general supervision may supervise dental assistants in the dental office if the dental assistants are rendering assistance to the dental hygienist in providing dental hygiene services and the dentist is not in the office to provide indirect supervision. A dental hygienist with an Expanded Practice Permit may hire and supervise dental assistants who will render assistance to the dental hygienist in providing dental hygiene services.

(3) A dental therapist who works under general supervision may supervise dental assistants in the dental office if the dental assistants are rendering assistance to the dental therapist in providing dental therapy services.

(4) The supervising licensee is responsible for assuring that all required licenses, permits or certificates are current and posted in a conspicuous place.

(5) Dental assistants who are in compliance with written training and screening protocols adopted by the Board may perform oral health screenings under general supervision.

(6) Dental assistants may take physical impressions and digital scans.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.025(2)(j), 679.250(7) & ORS 679.600
OBD 1-2024, amend filed 03/08/2024, effective 05/01/2024
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 2-2012, f. 6-14-12, cert. ef. 7-1-12
OBD 1-2004, f. 5-27-04, cert. ef. 6-1-04
OBD 9-1999, f. 8-10-99, cert. ef. 1-1-00

Or. Admin. R. 818-042-0030 Infection Control

The supervising dentist shall be responsible for assuring that dental assistants are trained in infection control, bloodborne pathogens and universal precautions, exposure control, personal protective equipment, infectious waste disposal, Hepatitis B and C and post exposure follow-up.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.140
OBD 9-1999, f. 8-10-99, cert. ef. 1-1-00

Or. Admin. R. 818-042-0040 Prohibited Acts

No licensee may authorize any dental assistant to perform the following acts:

(1) Diagnose or plan treatment.

(2) Cut hard or soft tissue.

(3) Any Expanded Function duty (OAR 818-042-0070 and OAR 818-042-0090) or Expanded Orthodontic Function duty (OAR 818-042-0100) or Restorative Functions (OAR 818-042-0095 or Expanded Preventive Duty (OAR 818-042-0113 and OAR 818-042-0114) or Expanded Function Anesthesia (OAR 818-042-0115) without holding the appropriate certification.

(4) Correct or attempt to correct the malposition or malocclusion of teeth except as provided by OAR 818-042-0100.

(5) Adjust or attempt to adjust any orthodontic wire, fixed or removable appliance or other structure while it is in the patient’s mouth.

(6) Administer any drug except as allowed under the indirect supervision of a Licensee, such as fluoride, topical anesthetic,desensitizing agents, topical tooth whitening agents, over the counter medications per package instructions or drugs administered pursuant to OAR 818-026-0050(5), OAR 818-026-0060(12), OAR 818-026-0065(12), OAR 818-026-0070(12) and as provided in OAR 818-042-0070, OAR 818-042-0090 and OAR 818-042-0115.

(7) Prescribe any drug.

(8) Place periodontal packs.

(9) Start nitrous oxide.

(10) Remove stains or deposits except as provided in OAR 818-042-0070.

(11) Use ultrasonic equipment intra-orally except as provided in OAR 818-042-0100.

(12) Use a high-speed handpiece or any device that is operated by a high-speed handpiece intra-orally except as provided in OAR 818-042-0095, and only for the purpose of adjusting occlusion, contouring, and polishing restorations on the tooth or teeth that are being restored.

(13) Use lasers, except laser-curing lights.

(14) Use air abrasion or air polishing.

(15) Remove teeth or parts of tooth structure.

(16) Cement or bond any fixed prosthesis or orthodontic appliance including bands, brackets, retainers, tooth moving devices, or orthopedic appliances except as provided in OAR 818-042-0100.

(17) Condense and carve permanent restorative material except as provided in OAR 818-042-0095.

(18) Place any type of retraction material subgingivally except as provided in OAR 818-042-0090.

(19) Apply denture relines except as provided in OAR 818-042-0090(2).

(20) Expose radiographs without holding a current Certificate of Radiologic Proficiency issued by the Board (OAR 818-042-0050 and OAR 818-042-0060) except while taking a course of instruction approved by the Oregon Health Authority, Oregon Public Health Division, Office of Environmental Public Health, Radiation Protection Services, or the Oregon Board of Dentistry.

(21) Use the behavior management techniques known as Hand Over Mouth (HOM) or Hand Over Mouth Airway Restriction (HOMAR) on any patient.

(22) Perform periodontal assessment.

(23) Place or remove healing caps or healing abutments, except under indirect supervision.

(24) Place implant impression copings, except under indirect supervision.

(25) Any act in violation of Board statute or rules.

History

Statutory/Other Authority: ORS 680 & ORS 679
Statutes/Other Implemented: ORS 679.020, 679.025 & 679.250
OBD 2-2024, amend filed 10/28/2024, effective 01/01/2025
OBD 1-2023, amend filed 06/20/2023, effective 07/01/2023
OBD 1-2021, amend filed 11/08/2021, effective 01/01/2022
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 3-2015, f. 9-8-15, cert. ef. 10-1-15
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 2-2012, f. 6-14-12, cert. ef. 7-1-12
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 1-2010, f. 6-22-10, cert. ef. 7-1-10
OBD 3-2007, f. & cert. ef. 11-30-07
OBD 3-2005, f. 10-26-05, cert. ef. 11-1-05
OBD 15-2001, f. 12-7-01, cert. ef. 1-1-02
OBD 1-2001, f. & cert. ef. 1-8-01
Reverted to OBD 9-1999, f. 8-10-99, cert. ef. 1-1-00
OBD 2-2000(Temp), f. 5-22-00, cert. ef. 5-22-00 thru 11-18-00
OBD 9-1999, f. 8-10-99, cert. ef. 1-1-00

Or. Admin. R. 818-042-0050 Taking of X-Rays — Exposing of Radiographic Images

(1) A Licensee may authorize the following persons to place films/sensors, adjust equipment preparatory to exposing films/sensors, and expose the films and create the images under general supervision:

(a) A dental assistant certified by the Board in radiologic proficiency; or

(b) A radiologic technologist licensed by the Oregon Board of Medical Imaging and certified by the Oregon Board of Dentistry (OBD) who has completed ten (10) clock hours in a Board approved dental radiology course.

(2) A licensee may authorize a dental assistant who has completed a course of instruction approved by the Oregon Board of Dentistry, and who has passed the written Dental Radiation Health and Safety Examination administered by the Dental Assisting National Board, or comparable exam administered by any other testing entity authorized by the Board, or other comparable requirements approved by the Oregon Board of Dentistry to place films/sensors, adjust equipment preparatory to exposing films/sensors, and expose the films and create the images under the indirect supervision of a dentist, dental therapist, dental hygienist, or dental assistant who holds an Oregon Radiologic Proficiency Certificate. The dental assistant must submit within six months, certification by an Oregon licensed dentist, dental therapist or dental hygienist that the assistant is proficient to take radiographic images.

(3) A dental therapist may not order a computerized tomography scan

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.025(2)(j), 679.250(7) & ORS 679.603
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 3-2015, f. 9-8-15, cert. ef. 10-1-15
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 4-2004, f. 11-23-04 cert. ef. 12-1-04
OBD 2-2003, f. 7-14-03 cert. ef. 7-18-03
OBD 9-1999, f. 8-10-99, cert. ef. 1-1-00

Or. Admin. R. 818-042-0060 Certification — Radiologic Proficiency

(1) The Board may certify a dental assistant in radiologic proficiency by credential in accordance with OAR 818-042-0120, or if the assistant:

(2) Submits an application on a form approved by the Board, pays the application fee and:

(a) Completes a course of instruction approved by the Oregon Board of Dentistry, in accordance with OAR 333-106-0055 or submits evidence that the Oregon Health Authority, Center for Health Protection, Radiation Protection Services recognizes that the equivalent training has been successfully completed;

(b) Passes the written Dental Radiation Health and Safety Examination administered by the Dental Assisting National Board, Inc. (DANB), or comparable exam administered by any other testing entity authorized by the Board, or other comparable requirements approved by the Oregon Board of Dentistry; and

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.020, 679.025, 679.250 & ORS 679.600
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 3-2013, f. 10-24-13, cert. ef. 1-1-14
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 3-2007, f. & cert. ef. 11-30-07
OBD 3-2005, f. 10-26-05, cert. ef. 11-1-05
OBD 4-2004, f. 11-23-04 cert. ef. 12-1-04
OBD 2-2003, f. 7-14-03 cert. ef. 7-18-03
OBD 9-1999, f. 8-10-99, cert. ef. 1-1-00

Or. Admin. R. 818-042-0070 Expanded Function Dental Assistants (EFDA)

The following duties are considered Expanded Function Duties and may be performed only after the dental assistant complies with the requirements of 818-042-0080:

(1) Polish the coronal surfaces of teeth with a brush or rubber cup as part of oral prophylaxis to remove stains providing the patient is checked by a dentist or dental hygienist after the procedure is performed, prior to discharge;

(2) Remove temporary crowns for final cementation and clean teeth for final cementation;

(3) Preliminarily fit crowns to check contacts or to adjust occlusion outside the mouth;

(4) Place temporary restorative material in teeth providing that the patient is checked by a dentist before and after the procedure is performed;

(5) Place and remove matrix retainers for any type of direct restorations;

(6) Polish amalgam or composite surfaces with a slow speed hand piece;

(7) Remove excess supragingival cement from crowns, bridges, bands or brackets with hand instruments providing that the patient is checked by a dentist after the procedure is performed;

(8) Fabricate temporary crowns, and fixed partial dentures (bridges) and temporarily cement the temporary crown or fixed partial dentures (bridges). The cemented crown or fixed partial dentures (bridge) must be examined and approved by the dentist prior to the patient being released;

(9) Under general supervision, when the dentist is not available and the patient is in discomfort, an EFDA may recement a temporary crown or recement a permanent crown with temporary cement for a patient of record providing that the patient is rescheduled for follow-up care by a licensed dentist as soon as is reasonably appropriate.

History

Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS 679.020, 679.025 & 679.250
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 3-2015, f. 9-8-15, cert. ef. 10-1-15
OBD 2-2009, f. 10-21-09, cert. ef. 11-1-09
OBD 3-2005, f. 10-26-05, cert. ef. 11-1-05
OBD 1-2004, f. 5-27-04, cert. ef. 6-1-04
OBD 9-1999, f. 8-10-99, cert. ef. 1-1-00

Or. Admin. R. 818-042-0080 Certification — Expanded Function Dental Assistant (EFDA)

The Board may certify a dental assistant as an expanded function assistant:

(1) By credential in accordance with OAR 818-042-0120, or

(2) If the assistant submits a completed application, pays the fee and provides evidence of;

(a) Certification of Radiologic Proficiency (OAR 818-042-0060); and satisfactory completion of a course of instruction in a program accredited by the Commission on Dental Accreditation; or

(b) Certification of Radiologic Proficiency (OAR 818-042-0060); and passage of the Oregon Expanded Functions with Infection Control examination, or equivalent successor examinations, administered by the Dental Assisting National Board, Inc. (DANB), or any other testing entity authorized by the Board, or prior passage of the Certified Dental Assistant examination or Infection Control Examination and passage of the Oregon Expanded Functions General Dental Assisting exam, or equivalent successor examinations, administered by DANB or any other testing entity authorized by the Board; and certification by an Oregon licensed dentist that the applicant has successfully removed supra-gingival excess cement from four (4) crowns and/or fixed partial dentures (bridges) with hand instruments; placed temporary restorative material in three (3) teeth; preliminarily fitted four (4) crowns to check contacts or to adjust occlusion outside the mouth; removed four (4) temporary crowns for final cementation and cleaned teeth for final cementation; fabricated four (4) temporary crowns and/or fixed partial dentures (bridges) and temporarily cemented the crowns and/or fixed partial dentures (bridges); polished the coronal surfaces of teeth with a brush or rubber cup as part of oral prophylaxis in six (6) patients; placed matrix bands on four (4) teeth prepared for Class II restorations. The dental assistant must submit within six months’ certification by a licensed dentist that the dental assistant is proficient to perform all the expanded function duties in subsection (b). If no expanded function certificate is issued within the six months, the dental assistant is no longer able to continue to perform expanded function duties until EFDA certification is achieved.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.250(7)
OBD 2-2025, amend filed 10/27/2025, effective 12/01/2025
OBD 1-2025, temporary amend filed 06/16/2025, effective 07/01/2025 through 12/27/2025
OBD 2-2024, amend filed 10/28/2024, effective 01/01/2025
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2009, f. 10-21-09, cert. ef. 11-1-09
OBD 1-2004, f. 5-27-04, cert. ef. 6-1-04
OBD 8-2000, f. 6-22-00, cert. ef. 6-29-00
OBD 10-1999(Temp), f. 12-2-99, cert. ef. 1-1-00 thru 6-28-00
OBD 9-1999, f. 8-10-99, cert. ef. 1-1-00

Or. Admin. R. 818-042-0090 Additional Functions of EFDAs

Upon successful completion of a course of instruction in a program accredited by the Commission on Dental Accreditation of the American Dental Association, or other course of instruction approved by the Board, a certified Expanded Function Dental Assistant may perform the following functions under the indirect supervision of a licensee providing that the procedure is checked by the licensee prior to the patient being dismissed:

(1) Apply pit and fissure sealants provided the patient is examined before the sealants are placed. The sealants must be placed within 45 days of the procedure being authorized by a licensee.

(2) Apply temporary soft relines to complete dentures for the purpose of tissue conditioning.

(3) Place retraction material subgingivally.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.025(2)(j), 679.250(7) & ORS 679.600
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
OBD 1-2019, minor correction filed 01/04/2019, effective 01/04/2019
OBD 3-2018, minor correction filed 10/22/2018, effective 10/22/2018
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 3-2015, f. 9-8-15, cert. ef. 10-1-15
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 1-2013, f. 5-15-13, cert. ef. 7-1-13
OBD 15-2001, f. 12-7-01, cert. ef. 1-1-02
OBD 9-1999, f. 8-10-99, cert. ef. 1-1-00

Or. Admin. R. 818-042-0095 Restorative Functions of Dental Assistants

(1) The Board shall issue a Restorative Functions Certificate (RFC) to a dental assistant who holds an Oregon EFDA Certificate, and has successfully completed:

(a) A Board approved curriculum from a program accredited by the Commission on Dental Accreditation of the American Dental Association or other course of instruction approved by the Board, and successfully passed the CDCA-WREB-CITA’s Dental Hygiene Restorative Examination or other equivalent examinations approved by the Board within the last five years, or

(b) If successful passage of the CDCA-WREB-CITA’s Dental HygieneRestorative Examination or other equivalent examinations approved by the Board occurred over five years from the date of application, the applicant must submit verification from another state or jurisdiction where the applicant is legally authorized to perform restorative functions and certification from the supervising dentist of successful completion of at least 25 restorative procedures within the immediate five years from the date of application.

(2) A dental assistant may perform the placement and finishing of direct restorations, except gold foil, under the indirect supervision of a licensed dentist, after the supervising dentist has prepared the tooth (teeth) for restoration(s):

(a) These functions can only be performed after the patient has given informed consent for the procedure and informed consent for the placement of the restoration by a Restorative Functions dental assistant.

(b) Before the patient is released, the final restoration(s) shall be checked by a dentist and documented in the chart.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.010 & 679.250(7)
OBD 2-2024, amend filed 10/28/2024, effective 01/01/2025
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 1-2013, f. 5-15-13, cert. ef. 7-1-13
OBD 1-2008, f. 11-10-08, cert. ef. 12-1-08
OBD 3-2007, f. & cert. ef. 11-30-07

Or. Admin. R. 818-042-0096 Local Anesthesia Functions of Dental Assistants

(1) The Board shall issue a Local Anesthesia Functions Certificate (LAFC) to a dental assistant who holds an Oregon EFDA Certificate, and has successfully completed a Board approved curriculum from a program accredited by the Commission on Dental Accreditation of the American Dental Association or other course of instruction approved by the Board.

(2) The Board shall issue a Local Anesthesia Functions Certificate (LAFC) to a dental assistant who holds an Oregon Certified Anesthesia Dental Assistant Certificate, and has successfully completed a Board approved curriculum from a program accredited by the Commission on Dental Accreditation of the American Dental Association or other course of instruction approved by the Board.

(3) A dental assistant may administer local anesthetic agents and local anesthetic reversal agents under the indirect supervision of a licensed dentist. Local anesthetic reversal agents shall not be used on children less than 6 years of age or weighing less than 33 pounds.

History

Statutory/Other Authority: ORS 679 & ORS 679.500
Statutes/Other Implemented: ORS 679.500
OBD 2-2025, amend filed 10/27/2025, effective 12/01/2025
OBD 2-2024, adopt filed 10/28/2024, effective 01/01/2025

Or. Admin. R. 818-042-0100 Expanded Functions — Orthodontic Assistant (EFODA)

(1) An EFODA may perform the following duties while under the indirect supervision of a licensed dentist:

(a) Remove orthodontic bands and brackets and attachments with removal of the bonding material and cement. An ultrasonic scaler, hand scaler or slow speed handpiece may be used. Use of a high speed handpiece is prohibited;

(b) Select or try for the fit of orthodontic bands;

(d) Place and remove orthodontic separators;

(e) Prepare teeth for bonding or placement of orthodontic appliances and select, pre-position and cure orthodontic brackets, attachments and/or retainers after their position has been approved by the supervising licensed dentist;

(f) Fit and adjust headgear;

(g) Remove fixed orthodontic appliances;

(h) Remove and replace orthodontic wires. Place and ligate archwires. Place elastic ligatures or chains as directed; and

(i) Cut arch wires.

(2) An EFODA may perform the following duties while under the general supervision of a licensed dentist:

(a) An expanded function orthodontic assistant may remove any portion of an orthodontic appliance causing a patient discomfort and in the process may replace ligatures and/or separators if the dentist is not available, providing that the patient is rescheduled for follow-up care by a licensed dentist as soon as is reasonably appropriate.

(b) An EFODA may recement orthodontic bands if the dentist is not available and the patient is in discomfort, providing that the patient is rescheduled for follow-up care by a licensed dentist as soon as is reasonably appropriate.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.025(2)(j) & 679.250(7)
OBD 1-2024, amend filed 03/08/2024, effective 05/01/2024
OBD 2-2012, f. 6-14-12, cert. ef. 7-1-12
OBD 9-1999, f. 8-10-99, cert. ef. 1-1-00

Or. Admin. R. 818-042-0110 Certification — Expanded Function Orthodontic Dental Assistant (EFODA)

The Board may certify a dental assistant as an expanded function orthodontic assistant:

(1) By credential in accordance with OAR 818-042-0120, or

(2) Completion of an application, payment of fee and satisfactory evidence of;

(a) Completion of a course of instruction in a program in dental assisting accredited by the American Dental Association Commission on Dental Accreditation; or

(b) Passage of the Oregon Orthodontic Expanded Functions with Infection Control examination, or equivalent successor examinations, administered by the Dental Assisting National Board, Inc. (DANB), or any other testing entity authorized by the Board, or prior passage of the Certified Dental Assistant, Certified Orthodontic Assistant or Infection Control Examination administered by DANB and passage of the Oregon Expanded Functions Orthodontic Assisting exam, or equivalent successor examinations, administered by DANB, or any other testing entity authorized by the Board; and certification by an Oregon licensed dentist that the applicant has successfully placed and ligated orthodontic wires on ten (10) patients and removed bands/brackets and remaining adhesive using an ultrasonic, hand scaler or a slow speed hand piece from teeth on four (4) patients. The dental assistant must submit within six months’ certification by a licensed dentist that the dental assistant is proficient to perform all the expanded function duties in subsection (b). If no expanded function orthodontic certificate is issued within the six months, the dental assistant is no longer able to continue to perform expanded orthodontic function duties until EFODA certification is achieved.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.250(7)
OBD 2-2025, amend filed 10/27/2025, effective 12/01/2025
OBD 1-2025, temporary amend filed 06/16/2025, effective 07/01/2025 through 12/27/2025
OBD 2-2024, amend filed 10/28/2024, effective 01/01/2025
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019
OBD 1-2013, f. 5-15-13, cert. ef. 7-1-13
OBD 8-2000, f. 6-22-00, cert. ef. 6-29-00
OBD 10-1999(Temp), f. 12-2-99, cert. ef. 1-1-00 thru 6-28-00
OBD 9-1999, f. 8-10-99, cert. ef. 1-1-00

Or. Admin. R. 818-042-0112 Expanded Function Preventive Dental Assistants (EFPDA)

The following duties are considered Expanded Function Preventive Duties and may be performed only after the dental assistant complies with the requirements of 818-042-0113: Polish the coronal surfaces of teeth with a brush or rubber cup as part of oral prophylaxis to remove stains providing the patient is checked by a dentist or dental hygienist after the procedure is performed, prior to discharge.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17

Or. Admin. R. 818-042-0113 Certification — Expanded Function Preventive Dental Assistants (EFPDA)

The Board may certify a dental assistant as an expanded function preventive dental assistant:

(1) By credential in accordance with OAR 818-042-0120, or

(2) If the assistant submits a completed application, pays the fee and provides evidence of;

(a) Certification of Radiologic Proficiency (OAR 818-042-0060); and satisfactory completion of a course of instruction in a program accredited by the Commission on Dental Accreditation of the American Dental Association; or

(b) Certification of Radiologic Proficiency (OAR 818-042-0060); and passage of the Oregon Expanded Functions with Infection Control examination; or passage of the Coronal Polishing with Infection Control examination, or equivalent successor examinations, administered by the Dental Assisting National Board, Inc. (DANB), or any other testing entity authorized by the Board, or prior passage of the Infection Control Examination and passage of the Oregon Expanded Functions General Dental Assisting exam or Coronal Polishing exam, or equivalent successor examinations, administered by DANB, or any other testing entity authorized by the Board; and certification by an Oregon licensed dentist that the applicant has successfully polished the coronal surfaces of teeth with a brush or rubber cup as part of oral prophylaxis to remove stains on six (6) patients. The dental assistant must submit within six months’ certification by a licensed dentist that the dental assistant is proficient to perform all the expanded function preventive duties in subsection (b). If no expanded function preventive certificate is issued within the six months, the dental assistant is no longer able to continue to perform expanded function preventive duties until EFPDA certification is achieved.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679
OBD 2-2025, amend filed 10/27/2025, effective 12/01/2025
OBD 1-2025, temporary amend filed 06/16/2025, effective 07/01/2025 through 12/27/2025
OBD 2-2024, amend filed 10/28/2024, effective 01/01/2025
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17

Or. Admin. R. 818-042-0114 Additional Functions of Expanded Function Preventive Dental Assistants (EFPDA)

(1) Upon successful completion of a course of instruction in a program accredited by the Commission on Dental Accreditation of the American Dental Association, or other course of instruction approved by the Board, a certified Expanded Function Preventive Dental Assistant may perform the following functions under the indirect supervision of a licensee providing that the procedure is checked by the licensee prior to the patient being dismissed:

(2) Apply pit and fissure sealants provided the patient is examined before the sealants are placed. The sealants must be placed within 45 days of the procedure being authorized by a licensee.

History

Statutory/Other Authority: ORS 676
Statutes/Other Implemented: ORS 676 & ORS 679.600
OBD 1-2024, amend filed 03/08/2024, effective 05/01/2024
OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022
OBD 2-2018, adopt filed 10/04/2018, effective 01/01/2019

Or. Admin. R. 818-042-0115 Expanded Functions — Certified Anesthesia Dental Assistant

(1) A dentist holding the appropriate anesthesia permit may verbally authorize a Certified Anesthesia Dental Assistant, who possesses a Certified Anesthesia Dental Assistant certificate from the Oregon Board of Dentistry to:

(a) Administer medications into an existing intravenous (IV) line of a patient under sedation or anesthesia under direct visual supervision.

(b) Administer emergency medications to a patient in order to assist the licensee in an emergent situation under direct visual supervision.

(2) A dentist holding the appropriate anesthesia permit may verbally authorize a Certified Anesthesia Dental Assistant to dispense to a patient, oral medications that have been prepared by the dentist and given to the anesthesia dental assistant by the supervising dentist for oral administration to a patient under Indirect Supervision.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.020(1), 679.025(1) & 679.250(7)
OBD 2-2025, amend filed 10/27/2025, effective 12/01/2025
OBD 1-2024, amend filed 03/08/2024, effective 05/01/2024
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 1-2006, f. 3-17-06, cert. ef. 4-1-06
OBD 1-2001, f. & cert. ef. 1-8-01

Or. Admin. R. 818-042-0116 Certification — Anesthesia Dental Assistant

The Board may certify a person as an Anesthesia Dental Assistant if the applicant submits a completed application, pays the certification fee and shows satisfactory evidence of:

(1) Successful completion of:

(a) The "Oral and Maxillofacial Surgery Anesthesia Assistants Program" or successor program, conducted by the American Association of Oral and Maxillofacial Surgeons; or

(b) The "Oral and Maxillofacial Surgery Assistants Course" or successor course, conducted by the California Association of Oral and Maxillofacial Surgeons (CALAOMS), or a successor entity; or

(c) The "Certified Oral and Maxillofacial Surgery Assistant" examination, or successor examination, conducted by the Dental Assisting National Board or other Board approved examination; or

(d) The Resuscitation Group – Anesthesia Dental Assistant course; or

(e) Other course approved by the Board; and

(2) Holding valid and current documentation showing successful completion of a Healthcare Provider BLS course, or its equivalent.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.250(7)
OBD 2-2024, amend filed 10/28/2024, effective 01/01/2025
OBD 2-2019, amend filed 10/29/2019, effective 01/01/2020
OBD 1-2006, f. 3-17-06, cert. ef. 4-1-06
OBD 2-2005, f. 1-31-05, cert. ef. 2-1-05
OBD 1-2001, f. & cert. ef. 1-8-01

Or. Admin. R. 818-042-0117 Initiation of IV Line and Phlebotomy Blood Draw

(1) Upon successful completion of a course in intravenous access or phlebotomy approved by the Board, a Certified Anesthesia Dental Assistant may initiate an intravenous (IV) infusion line for a patient being prepared for IV medications, sedation, or general anesthesia under the Indirect Supervision of a dentist holding the appropriate anesthesia permit.

(2) Upon successful completion of a course in intravenous access or phlebotomy approved by the Board, a Certified Anesthesia Dental Assistant may perform a phlebotomy blood draw under the Indirect Supervision of a dentist. Products obtained through a phlebotomy blood draw may only be used by the dentist, to treat a condition that is within the scope of the practice of dentistry.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.020(1), 679.025(1) & 679.250(7)
OBD 1-2024, amend filed 03/08/2024, effective 05/01/2024
OBD 1-2006, f. 3-17-06, cert. ef. 4-1-06
OBD 1-2001, f. & cert. ef. 1-8-01

Or. Admin. R. 818-042-0120 Certification by Credential

(1) Dental Assistants who wish to be certified by the Board in Radiologic Proficiency or as Expanded Function Dental Assistants, Expanded Function Orthodontic Dental Assistants, or as Expanded Function Preventive Dental Assistants shall:

(a) Be certified by another state in the functions for which application is made. The training and certification requirements of the state in which the dental assistant is certified must be substantially similar to Oregon’s requirements; or

(b) Have worked for at least 1,000 hours in the past two years in a dental office where such employment involved to a significant extent the functions for which certification is sought; and

(c) Shall be evaluated by a licensed dentist, using a Board approved checklist, to assure that the assistant is competent in the expanded functions.

(2) Applicants applying for certification by credential in Radiologic Proficiency must obtain certification from the Oregon Health Authority, Center for Health Protection, Radiation Protection Services, of having successfully completed training equivalent to that required by OAR 333-106-0055 or approved by the Oregon Board of Dentistry.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.020, 679.025 & 679.250
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 3-2005, f. 10-26-05, cert. ef. 11-1-05
OBD 4-2004, f. 11-23-04 cert. ef. 12-1-04
OBD 2-2003, f. 7-14-03 cert. ef. 7-18-03
OBD 9-1999, f. 8-10-99, cert. ef. 1-1-00

Or. Admin. R. 818-042-0130 Application for Certification by Credential

An applicant for certification by credential shall submit to the Board:

(1) An application form approved by the Board, with the appropriate fee;

(2) Proof of certification by another state and any other recognized certifications (such as CDA or COA certification) and a description of the examination and training required by the state in which the assistant is certified; or

(3) Certification that the assistant has been employed for at least 1,000 hours in the past two years as a dental assistant performing the functions for which certification is being sought. If applying for certification by credential as an EFDA, EFODA or EFPDA certification by a licensed dentist that the applicant is competent to perform the functions for which certification is sought.

(4) If applying for certification by credential in Radiologic Proficiency, certification from the Oregon Health Authority, Center for Health Protection, Radiation Protection Services, or the Oregon Board of Dentistry, that the applicant has met that agency’s training requirements for x-ray machine operators, or other comparable requirements approved by the Oregon Board of Dentistry.

History

Statutory/Other Authority: ORS 679
Statutes/Other Implemented: ORS 679.020, 679.025 & 679.250
OBD 2-2024, amend filed 10/28/2024, effective 01/01/2025
OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14
OBD 4-2011, f. & cert. ef. 11-15-11
OBD 3-2005, f. 10-26-05, cert. ef. 11-1-05
OBD 4-2004, f. 11-23-04 cert. ef. 12-1-04
OBD 2-2003, f. 7-14-03 cert. ef. 7-18-03
OBD 9-1999, f. 8-10-99, cert. ef. 1-1-00