Wyo. Code R. 034 | Wyoming Administrative Rules 034 — Dental Examiners, Board of

332 Dental Examiners, Board of

Chapter 1 General Provisions

Wyo. Code R. 034.0001.1.05262026 § 1 Authority

These Board Rules are adopted to implement the Board's authority under Wyoming Statute 33-15-108(g) and 16-3-103(j) as it relates to the licensure and discipline of dentists and dental hygienists and regulation of the practice of dentistry and dental hygiene in Wyoming.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.1.05262026 § 2 Statement of Purpose

These Board Rules are adopted to implement the Board's authority to establish administrative procedures.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.1.05262026 § 3 Definitions

(a) "Act" means the Wyoming Dental Practice Act, W.S. 33-15-101 through -133.

(b) "ADA" means American Dental Association.

(d) "Advertising" means a communication to the public about a dentist or services offered by a dentist.

(e) "ARC" means Application Review Committee.

(f) "Board exam" means any examination required for Wyoming licensure that is acceptable to the board.

(g) "BLS" means basic life support for healthcare providers.

(h) "Board Rules" means the administrative rules and regulations promulgated by the Board.

(i) "CE" means continuing education.

(j) "COD A" means Commission on Dental Accreditation.

(k) "DANB" means Dental Assisting National Board.

(l) "Dentist-Patient Relationship" means a formal inferred relationship between the dentist and a patient of record, which is established once the dentist assumes or undertakes the dental care or treatment of a patient in the state where the patient resides. A dentist-patient relationship is assumed to have been created after there is a physical examination of a patient (e.g., when a patient is seen in a dentist's office), but is not assumed in others (e.g., when a dentist performs a physical examination as a health screening procedure at a health fair event).

(m) "EKG" means Electrocardiogram.

(n) "Hands on" means physically present performing a skill in person where evaluation and critique are provided rather than participating in a lecture or learning theory. A hands on course may not be solely on a computer.

(o) "IC" means Investigative Committee.

(p) "INBDE" means Integrated National Board Dental Examination.

(q) "NBDHE" means National Board Dental Hygiene Examination.

(r) "Non-patient based" means manikin or other simulation.

(s) "Patient based" means a live human being.

(t) "Supervision" of dental auxiliary means the act of overseeing or directing duties performed by a dental auxiliary. Types of supervision may include:

(i) "General Supervision" of a dental auxiliary means that a dentist has diagnosed and authorized the procedures which are being carried out; however, a dentist need not be present when the authorized procedures are being performed;

(ii) "Direct Supervision" of a dental auxiliary means that a dentist is physically present in the dental office, a dentist has diagnosed the condition to be treated, a dentist has authorized the procedure to be performed, and before dismissal of the patient, a dentist has approved the work performed by the auxiliary; or

(iii) "Indirect Supervision" of a dental auxiliary means that a dentist is physically present in the dental office, a dentist has diagnosed the condition to be treated, and a dentist has authorized the procedure to be performed.

(u) "Teledentistry" means the use of data transmitted through interactive audio/video or data communications either by synchronous or asynchronous technology for the purposes of examination, diagnosis, treatment planning, consultation or directing the delivery of treatment by dentists and dental auxiliary in settings permissible and consistent with the rules of supervision. Teledentistry service may include telephone, electronic mail message, or facsimile transmitting, or online tool.

(i) Synchronous technology: secure two-way audio/visual technology that allows a dentist and dental auxiliary to see and communicate in real time with a patient who is located in a different physical location.

(ii) Asynchronous technology: the transmission of recorded health information (radiographs, photographs, video and other digital media) through a secure electronic communications system to a dentist and dental auxiliary who uses the information to evaluate a patient's condition or render a service outside of a real-time or live interaction.

(v) "WAPA" means Wyoming Administrative Procedure Act, W.S. 16-3-101 through 115.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.1.05262026 § 4 Reference by Incorporation

(a) Each rule and code incorporated by reference is further identified as follows:

(i) Principles of Ethics and Code of Professional Conduct, excluding Principles 5.H. and 5.I., adopted by the ADA and revised November 2018, found at: https://dental.wyo.gov/rules.

(ii) Bylaws and Code of Ethics, excluding Articles I through XVIII, adopted by the ADHA and effective on June 2020, found at: https://dental.wyo.gov/rules.

(iii) Dental Assisting National Board's Code of Professional Conduct, adopted by the DANB and revised February 2018, found at: https://dental.wyo.gov/rules.

(iv) Summary of Infection Prevention Practices in Dental Settings: Basic Expectations for Safe Care, adopted by the Centers for Disease Control and Prevention and revised October 2016, found at: https://dental.wyo.gov/rules.

(v) Centers for Disease Control Guideline for Prescribing Opioids for Chronic Pain - United States, 2016, adopted by the Centers for Disease Control and Prevention and effective March 18, 2016, found at: http://dental.wyo.gov/rules.

(vi) Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on July 20, 2017, found at: https://dental.wyo.gov/rules.

(vii) Chapter 2 - Uniform Procedures, Fees, Costs, and Charges for Inspection, Copying, and Producing Public Records, adopted by the Department of Administration and Information and effective on September 6, 2016, found at https://dental.wyo.gov/rules.

(b) For these rules incorporated by reference:

(i) The Board has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(iii) The incorporated rules are maintained at the Board Office and are available for public inspection and copying at cost at the same location.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.1.05262026 § 5 Public Records Inspection

Public records inspections shall be conducted pursuant to the Department of Administration and Information's rules concerning public records.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.1.05262026 § 6 Change of Name, Address, or Telephone Number

Each applicant and licensee shall notify the Board in writing of any change to their legal name, home address, business address, e-mail address, or telephone number within thirty (30) days of the change.

History

Effective 2026-05-26

Chapter 3 Requirements for Licensure and Renewal

Wyo. Code R. 034.0001.3.05262026 § 1 Authority

The Board is authorized under Wyoming Statute 33-15-108(g) and 33-15-120(e) to promulgate rules and regulations related to the application, licensure, and renewal procedures to dentistry and dental hygiene in Wyoming.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.3.05262026 § 2 Statement of Purpose

These Board Rules are adopted to implement the Board's authority to establish the requirements for licensure, annual license renewal, and volunteer licenses.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.3.05262026 § 3 Application Status

(a) For those applicants seeking licensure, competency shall be met during the timeframe identified immediately prior to submitting a completed application.

(b) Applications shall be deemed "complete" when all necessary documentation has been received by the Board office.

(c) Applications shall expire one (1) year after submission. If an application expires, an applicant shall submit a new application, including payment of fee.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.3.05262026 § 4 ARC Review of Applications

(a) An applicant for licensure or certification shall have committed no acts that are grounds for disciplinary action, or if an act was committed, the ARC has found after investigation that sufficient restitution has been made and the applicant no longer presents a threat to public safety.

(b) If the ARC questions an applicant's competency, the ARC may request an applicant complete a clinical examination or other program.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.3.05262026 § 5 Jurisprudence Examination

(a) The Board shall issue a dental or dental hygiene license to any applicant who meets the qualifications for licensure identified in Sections 6, 7, 8, 9, and 14 and successfully passes the jurisprudence examination.

(b) To successfully pass the jurisprudence examination, the applicant shall score at least an 80% on the exam.

(d) Applicants will have the opportunity to attempt the Jurisprudence Examination three times. Applicants who fail the Jurisprudence Examination three times shall show reasonable evidence of remediation before reexamination may be considered.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.3.05262026 § 6 Dental Licensure by Examination

(a) Eligibility. An applicant may seek initial licensure if the applicant is not licensed to practice in another jurisdiction, or if licensed in another jurisdiction but that jurisdiction's licensure requirements are not equivalent to Wyoming, or if the applicant fails to meet other licensure methods.

(b) Application Requirements. Applicant shall:

(i) Submit a completed application and payment of fee;

(ii) Submit current certification in BLS;

(iii) Request official transcripts from a CODA accredited dental program;

(iv) Request score reports documenting successful passage of the INDBE;

(v) Request score reports of a clinical examination that indicates successful passage in each procedure within the parts listed below:

(A) Endodontics, including access opening of a posterior tooth and access, canal instrumentation and obturation of an anterior tooth in a clinical setting;

(B) Fixed Prosthodontics, including a full crown procedure and a separate bridge procedure with two (2) abutment preparations in a clinical setting.

(I) Diagnosis procedures including Intra Oral/Extra Oral assessment written exam, Periodontal Measurement, Subgingival Calculus detection in a clinical setting and

(II) Periodontal Treatment procedures including Subgingival Calculus removal in a clinical setting.

(D) Restorative Dentistry, including a class II amalgam or composite preparation and restoration and a class III composite preparation and restoration on a non-patient (manikin) in a clinical setting. Slot preps shall not be accepted.

(E) Written Exam that is acceptable to the Board, including but not limited to: Diagnosis and Treatment Planning, Periodontal Staging and Grading, Peri-Implantitis, Implants, Removable Prosthetics, Pediatric Dentistry, Local Anesthesia, and Dental Office Emergencies.

(vi) If an applicant has been out of clinical practice for more than one (1) year, the applicant shall submit the following evidence to demonstrate competency:

(A) Graduation from a CODA accredited dental program in the preceding twelve (12) months; or

(B) Successful completion of a clinical examination that meets the criteria in Section 6(b)(v) within the preceding five (5) years and completion of eight (8) hours hands-on clinical CE for each year out of clinical practice. The CE must be earned from a CODA accredited dental program or pre-approved by the ARC prior to completion.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.3.05262026 § 7 Dental Licensure by Endorsement

(a) Eligibility. An applicant may seek dental licensure by endorsement if the applicant has a license in good standing in another jurisdiction with licensure requirements equivalent to Wyoming's requirements.

(b) Application Requirements. Applicant shall:

(i) Submit a completed application and payment of fee;

(ii) Submit current certification in BLS;

(iii) Submit evidence demonstrating completion of requirements identified in Section 6(b)(iv) and (v). If applicant successfully passed a clinical examination as identified in Section 6(b)(v) which did not include a fixed prosthodontics component, applicant shall submit evidence of active clinical practice of 5,000 hours in the last five (5) years or verification of completion of a general practice residency (GPR), advanced education in general dentistry (AEGD), or other specialty practice residency as identified in Chapter 6;

(iv) Request verification of an active license in another jurisdiction;

(v) Submit a copy of the diploma from a CODA accredited program; and

(vi) Documents approved by the board that support evidence of clinical practice.

(vii) If an applicant has been out of clinical practice for less than five (5) years, the applicant shall submit the following evidence to demonstrate competency:

(A) Active clinical practice of 1,000 hours in the last twelve (12) months;

(B) Successful completion of a clinical examination that meets the criteria in Section 6(b)(v) within twelve (12) months; or

(C) Completion of eight (8) hours of hands-on clinical continuing education for each year not actively practicing. The CE must be earned from a CODA accredited dental program or pre-approved by the ARC prior to completion.

(D) Documents approved by the board that support evidence of clinical practice.

(viii) If an applicant has been out of active clinical practice for more than five (5) years, the applicant shall submit the following evidence to demonstrate competency:

(A) Successful completion of a regional clinical examination within twelve (12) months; and

(B) Completion of eight (8) hours of hands-on clinical continuing education for each year not actively practicing. The CE must be earned from a CODA accredited dental program or pre-approved by the ARC prior to completion.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.3.05262026 § 8 Dental Hygiene Licensure by Examination

(b) Application Requirements. Applicant shall:

(i) Submit a completed application and payment of fees;

(ii) Submit current certification in BLS;

(iii) Request official transcripts from a CODA accredited program;

(iv) Request score reports documenting successful passage of the NBDHE;

(v) Request score reports documenting passage of a clinical examination that demonstrates successful passage in each procedure within the parts listed below:

(A) Periodontics including:

(I) Intra Oral/Extra Oral assessment written exam, Periodontal Measurement, Subgingival Calculus detection in a clinical setting; and

(II) Periodontal Treatment procedures including Subginival Calculus removal in a clinical setting.

(vi) If an applicant has been out of clinical practice for more than one (1) year, the applicant shall submit the following evidence to demonstrate competency:

(A) Graduation from a CODA accredited program in the preceding twelve (12) months; or

(B) Successful completion of a regional clinical examination that meets the criteria in Section 8(b)(v) within the preceding five (5) years and completion of eight (8) hours hands-on clinical CE for each year out of clinical practice. The CE must be earned from a CODA accredited dental hygiene program or pre-approved by the ARC prior to completion.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.3.05262026 § 9 Dental Hygiene Licensure by Endorsement

(a) Eligibility. An applicant may seek dental hygiene licensure by endorsement if the applicant has a license in good standing in another jurisdiction with licensure requirements equivalent to Wyoming's requirements.

(b) Application Requirements. Applicant shall:

(i) Submit a completed application and payment of fee;

(ii) Submit current certification in BLS;

(iii) Submit evidence demonstrating completion of requirements identified in Section 8(b)(iv) and (v);

(iv) Submit verification of an active license in another jurisdiction;

(v) Submit a copy of the diploma from a CODA accredited program; and

(vi) If an applicant has been out of active clinical practice for less than five (5) years, the applicant shall submit the following evidence to demonstrate competency:

(A) Active clinical practice of 800 hours in the last twelve (12) months;

(B) Successful completion of a clinical examination that meets the criteria in Section 8(b)(v) within twelve (12) months; or

(C) Completion of eight (8) hours of hands-on continuing education for each year not actively practicing. The CE must be earned from a CODA accredited dental hygiene program or pre-approved by the ARC prior to completion.

(vii) If an applicant has been out of clinical practice for more than five (5) years, the applicant shall submit the following evidence to demonstrate competency:

(A) Successful completion of a clinical examination that meets the criteria in Section 8(b)(v) within twelve (12) months; and

(B) Completion of eight (8) hours of hands-on clinical continuing education for each year not actively practicing. The CE must be earned from a CODA accredited dental hygiene program or pre-approved by the ARC prior to completion.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.3.05262026 § 10 Licensure Renewal

(a) Expiration.

(i) All dental and dental hygiene licenses shall expire December 31 of every odd numbered year.

(ii) Unless a licensee timely renews their license, the licensee shall not practice after their expiration date.

(b) Renewal Application. A dental or dental hygiene licensee seeking renewal shall:

(i) Submit a completed renewal application and payment of fee;

(ii) Verify current certification in BLS; and

(iii) Acquire sixteen (16) hours of CE that complies with Section 11.

(iv) Verify active clinical practice within the preceding five (5) years.

(c) Competency Requirement. After five (5) years of inactive clinical practice, an applicant shall demonstrate competency by successful completion of a clinical examination that meets the requirements in Section 6(b)(v) for dentists and Section 8(b)(v) for dental hygienists.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.3.05262026 § 11 Continuing Education Requirements

(a) Renewal Period. CE shall be obtained January 1 of even years through December 31 of odd numbered years. The first CE period begins on January 1st following the date the license was issued.

(i) For a new hygienist with a license issued in an even numbered year, the licensee shall submit eight (8) hours of CE.

(ii) For a new dentist with a license issued in an even year, the licensee shall submit eight (8) hours of CE, three (3) of which must be related to the responsible prescribing of controlled substances.

(b) CE Content.

(i) The subject matter shall relate directly to the professional competence of the licensee or patient care rendered by the licensee. Acceptable CE subjects include, but are not limited to, the following clinical subjects relating to the dental profession: oral surgery, operative dentistry, oral pathology, preventive dentistry, orthodontics, clinical patient management, pediatric dentistry, oral biology, periodontics, prosthodontics, dental materials, implantology, radiology, infection control, endodontics, management of medical emergencies, dental anesthesiology, professional ethics, and pharmacology.

(ii) Unacceptable subjects include, but are not limited to, practice building and business management courses.

(iii) CE may be acquired in any jurisdiction.

(iv) CE earned in excess of the sixteen (16) hours required for renewal may not be carried forward to apply toward the next renewal period.

(c) Of the required sixteen (16) hours, a dentist shall obtain three (3) hours of CE related to the responsible prescribing of controlled substances every two (2) years. This requirement shall not apply to dental hygienists.

(d) Waiver. The Board may grant a waiver for CE requirements to licensees who

have petitioned and demonstrated just cause based on extenuating circumstances.

(e) CE Audit.

(i) The licensee shall maintain evidence of CE compliance for at least four (4) years after the renewal period in which the course was applied.

(ii) Failure to provide the documents requested for audit within thirty (30) days may subject the licensee to disciplinary action.

(iii) If the Board disallows any CE, the licensee shall have one hundred twenty (120) days from notice of such disallowance to:

(A) Provide evidence that the disallowed CE meet the criteria established by these rules;

(B) Provide documentation of having acquired additional CE during the required time frame; or

(D) Any CE activity completed past the renewal date to resolve a disallowance may not be reported on subsequent applications for license renewal.

(iv) If a licensee fails to complete the required number of CE, the licensee shall be subject to disciplinary action.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.3.05262026 § 12 Failure to Timely Renew

(a) Unlicensed Practice. Failure to timely renew may subject the licensee to disciplinary action for unlicensed practice.

(b) Administrative Grace Period.

(i) The administrative grace period shall be from January 1st to March 31st following the renewal period.

(ii) Licensees who failed to timely renew may apply for renewal during the administrative grace period. However, licensees shall not practice until the Board approves their license.

(iii) Licensees who failed to timely renew shall:

(A) Submit a completed renewal application and payment of fee;

(B) Verify current certification in BLS; and

(iv) On April 1st following the renewal period, any license not renewed shall lapse.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.3.05262026 § 13 Lapsed License

(a) If a dental license lapses, the dentist shall apply for relicensure.

(b) If a dental hygiene license lapses, the dental hygienist may restore their lapsed license until December 31st of the year the license lapsed. After December 31st, the dental hygienist shall apply for relicensure.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.3.05262026 § 14 Dental and Dental Hygiene Relicensure

(a) Eligibility. An applicant may seek dental or dental hygiene relicensure if the applicant has been licensed in Wyoming and allowed his or her license to lapse.

(b) Application Requirements. Applicant shall:

(i) Submit a completed relicensure application and payment of fee;

(ii) Verify current certification in BLS;

(iii) Submit eight (8) hours CE for each year the license has lapsed; and

(iv) Successfully pass the jurisprudence examination.

(c) Competency Requirement for Return to Practice. An applicant applying for relicensure who has not actively practiced in five (5) years shall also demonstrate competency by:

(i) Successful completion of a clinical examination per Section 6(b)(v) for dentists and Section 8(b)(v) for hygienists within twelve (12) months; and

(ii) Submitting evidence of completion of eight (8) hours of hands-on clinical continuing education for each year not actively practicing. The CE must be earned from a CODA accredited dental program or pre-approved by the ARC prior to completion.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.3.05262026 § 15 Reinstatement

(a) Eligibility. An applicant may seek to have his or her dental or dental hygiene license reinstated if the applicant's Wyoming dental or dental hygiene license has been revoked, surrendered, suspended, conditioned, or restricted.

(b) Application Requirements. Applicant shall:

(i) Submit a completed application and payment of fee;

(ii) Verify current certification in BLS;

(iii) Submit evidence of complying with the requirements of a previous Board order;

(iv) Submit evidence of applicant's ability to safely and competently practice; and

(v) Submit evidence demonstrating just cause for reinstatement.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.3.05262026 § 16 Volunteer's License

Any applicant that meets the qualifications under W.S. 33-15-131 shall submit a completed application.

History

Effective 2026-05-26

Chapter 4 Dental Practice

Wyo. Code R. 034.0001.4.05292024 § 1 Authority

The Board is authorized under Wyoming Statutes 33-1-303(a)(iv), 33-15-108(h), and 33-15-130 to promulgate rules and regulations related to telemedicine and x-ray machine inspection procedures in Wyoming.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.4.05292024 § 2 Statement of Purpose

These Board Rules are adopted to implement the Board's authority to regulate the practice of dentistry in Wyoming.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.4.05292024 § 3 Teledentistry

(a) The practice of dentistry occurs where the patient is located. Where an existing dentist-patient relationship is not present, a licensee must take appropriate steps to establish a dentist-patient relationship in utilizing teledentistry services that is consistent with the prevailing standard of care.

(b) Before rendering dental advice or care using teledentistry services, the licensee shall:

(i) Verify and authenticate the location and to the extent possible, confirm the identity and contact information of the requesting patient.

(ii) Disclose and validate the licensee's identity, credentials and contact information.

(iii) Obtain appropriate written treatment consent from the requesting patient.

(iv) Obtain patient's medical and dental health history.

(v) Detail security measures taken as well as potential risks to privacy and the loss of information due to technical failures.

(vi) Determine if the condition being diagnosed or treated is appropriate for teledentistry.

(vii) Determine appropriate treatment and follow up care if needed.

(c) Dental Records. Any dental record made through the use of teledentistry shall be consistent with the same record retention standards as a record made through a traditional, in person dental encounter.

(d) Confidentiality. The licensee shall ensure that any electronic and digital communication used in the practice of teledentistry is secure to maintain the confidentiality of the patient's medical/dental information as required by the Health Insurance Portability and Accountability Act of 1996 including the retention and disposal of electronic and digital equipment and data.

(e) Violation of any provision above shall be considered "unprofessional conduct" within the meaning of Chapter 9 and shall constitute grounds for disciplinary action by the Board.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.4.05292024 § 4 Satellite Offices

. Licensees using satellite offices shall ensure all offices maintain the appropriate standard of care.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.4.05292024 § 5 Radiograph Use

Inspections of x-ray machines are required as follows:

(a) Inspectors. Any individual who performs x-ray machine assembly, installation or service shall meet the following educational and experience requirements:

(i) Completion of a structured educational program that includes training in radiation machine safety, assembly, installation and service, including, but not limited to:

(A) A baccalaureate degree in electrical engineering with specialized training in radiation producing devices;

(B) A one-year associate degree in biomedical equipment repair;

(ii) At least six (6) months of supervised, documented training on inspection and calibration of the applicable x-ray machine.

(b) Inspections. Inspections of x-ray equipment shall be conducted in accordance with relevant national standards. All machines shall be inspected at the time of installation and thereafter every five (5) years for x-ray machines and every three (3) years for computed tomography machines.

(c) Waiver. Licensees may be granted a six (6) month waiver to the inspection requirement at the discretion of the Board.

(d) Compliance and Documentation. Failure to abide with the requirements of this section shall be considered "unprofessional conduct" within the meaning of Chapter 9 and shall constitute grounds for disciplinary action by the Board.

(i) Inspector should provide evidence for dentists to place on machines indicating the last inspection date and next inspection due date.

(ii) Evidence of compliance to the Board is not required unless specifically requested.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.4.05292024 § 6 Use of Botulinum Toxin

(a) The use of botulinum toxin is within the scope of practice of dentistry, as defined in W.S. 33-15-114. Dentists are allowed to utilize botulinum toxin for the treatment of temporomandibular disorders, myofascial pain, or other conditions affecting the oral cavity and adjacent tissues and structures. Dentists who choose to use botulinum toxin as part of their practice shall have obtained appropriate patient based hands-on training and have acquired the necessary knowledge, skills, and expertise to provide this service in a safe and efficacious manner.

(b) Dentists who use botulinum toxin as part of their practice shall maintain documentation evidencing appropriate patient based hands-on training and shall provide documentation to the Board upon request. Non-patient based training is not acceptable.

History

Effective 2024-05-29

Chapter 5 Anesthesia Administration and Sedation Permit Procedures

Wyo. Code R. 034.0001.5.05262026 § 1 Authority

The Board is authorized under Wyoming Statute § 33-15-130 to promulgate rules and regulations related to the application and licensure procedures to administer sedation and provide for sedation inspection in Wyoming.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.5.05262026 § 2 Statement of Purpose

These Board Rules are adopted to implement the Board's authority to establish a regulatory framework for issuance of a sedation permit pursuant to W.S. § 33-15-130.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.5.05262026 § 3 Definitions

For the purpose of this chapter, the following definitions shall apply:

(a) "ACLS" means advanced cardiac life support.

(b) "Anxiolysis" is minimal sedation.

(d) "ASA" means American Society of Anesthesiology classification.

(e) "Combination inhalation" means using an inhalation agent and a sedative agent at the same time.

(f) "Competent" means displaying special skill or knowledge derived from training and experience.

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

(h) "Dental hygienist" means a Wyoming licensed dental hygienist holding an appropriate expanded duties permit including local anesthesia and/or nitrous oxide anxiolysis.

(i) "Enteral" means a route of administration in which the agent is absorbed through the gastrointestinal tract or mucosa [i.e., oral, rectal, nasal, or sublingual].

(j) "Facility Permit" means a permit issued to any location where sedation is being performed that has been inspected and approved by the Board.

(k) "Facility Permit Holder" means a Wyoming licensed dentist designated as the responsible dentist for a facility permit.

(l) "General anesthesia" means a drug-induced loss of consciousness during which the patient is not arousable, even by painful stimulation. The ability to independently maintain ventilatory function is often impaired. The patient often requires 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.

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

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

(o) "Minimal sedation" (previously known as anxiolysis) means a minimally depressed level of consciousness produced by a pharmacological method that retains the patient's ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command. Although cognitive function and coordination may be modestly impaired, ventilatory, and cardiovascular functions are unaffected. Minimal sedation includes administration of oral medication and/or nitrous oxide.

(p) "Moderate sedation" previously known as "conscious sedation and/or twilight sedation or parenteral sedation" means a drug-induced depression of consciousness during which the patient responds purposefully to verbal commands, either alone or accompanied by light tactile stimulation. No interventions are required to maintain a patent airway and spontaneous ventilation is adequate. Cardiovascular function is usually maintained. The drugs and/or techniques used should carry a margin of safety wide enough to render unintended loss of consciousness unlikely. Repeated dosing of an agent before the effects of previous dosing can be fully appreciated may result in a greater alteration of the state of consciousness than is the intent of the sedation permit holder. Further, a patient whose only response is reflex withdrawal from a painful stimulus is not considered to be in a state of moderate sedation.

(q) "MRD" means maximum recommended dose of a drug as printed on Food and Drug Administration approved labeling for unmonitored home use.

(r) "Nitrous oxide anxiolysis" means the administration by inhalation of a combination of nitrous oxide and oxygen producing an altered level of consciousness that retains the patient's ability to independently and continuously maintain an airway and respond appropriately to physical stimulation or verbal command.

(s) "PALS" means Pediatric Advanced Life Support.

(t) "Parenteral" means a route of administration in which the drug bypasses the gastrointestinal tract [i.e., intramuscular, intravenous, intranasal, submucosal, subcutaneous, or intraosseous].

(u) "Qualified anesthesia provider" means a licensed anesthesiologist, certified registered nurse anesthetist, or sedation permit holder with appropriate sedation level permit.

(v) "Responsible dentist" means a licensed dentist who assumes responsibility for a facility permit.

(w) "Sedation Inspector" means a Board-approved inspector of sedation facilities and sedation permit applicant's surgical/anesthetic technique cases.

(x) "Sedation permit" means a permit issued by the Board for administration of moderate sedation or deep sedation and/or general anesthesia by a sedation permit holder.

(y) "Titration" means administration of multiple or incremental doses of a drug until a desired effect is reached. Knowledge of each drug's time of onset, peak response, and duration of action is essential to avoid over sedation. Although the concept of titration of a drug to effect is critical for patient safety, when the intent is moderate sedation one must know whether the previous dose has taken full effect before administering an additional drug increment.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.5.05262026 § 4 Standard of Care

(a) For all levels of sedation, a dentist or sedation permit holder shall have the training, skills, drugs, and equipment to identify and manage such an occurrence until either assistance arrives (emergency medical services) or the patient returns to the intended level of sedation without airway or cardiovascular complications.

(b) A dentist or sedation permit holder shall be responsible for the sedative management, adequacy of the facility and staff, diagnosis and treatment of emergencies related to the administration of moderate sedation, deep sedation, and/or general anesthesia and providing the equipment, drugs, and protocol for patient rescue.

(c) Because sedation and general anesthesia are a continuum, it is not always possible to predict how an individual patient will respond. Hence, a dentist or sedation permit holder intending to produce a given level of sedation shall be able to diagnose and manage the physiologic consequences (rescue) for patients whose level of sedation becomes deeper than initially intended.

(d) The concept of rescue is essential to safe sedation. A dentist or sedation permit holder shall have the skills to rescue the patient from a deeper level than that intended for the procedure. The ability to rescue means that a dentist or sedation permit holder shall be able to recognize the various levels of sedation and have the skills necessary to provide appropriate cardiopulmonary support if needed.

(i) If the intended level of sedation is "minimal," a dentist or sedation permit holder shall be able to rescue from "moderate sedation."

(ii) If the intended level of sedation is "moderate," a sedation permit holder shall have the skills to rescue from "deep sedation."

(iii) If the intended level of sedation is "deep sedation," a sedation permit holder shall have the skills to rescue from a state of "general anesthesia."

(e) If a patient enters a deeper level of sedation than the dentist or sedation permit holder is qualified to provide, the dentist or sedation permit holder shall stop the dental procedure until the patient returns to the intended level of sedation.

(f) Children (under the age of 12) may become moderately sedated despite the intended level of minimal sedation; if this occurs, the requirements for moderate sedation shall apply.

(g) Except in extraordinary situations, the dentist or sedation permit holder shall not use preoperative sedatives for children prior to arrival in the dental office due to the risk of unobserved respiratory obstruction during transport by untrained individuals.

(h) All local anesthetic agents are cardiac depressants and may cause central nervous system excitation or depression. Particular attention shall be paid to dosage in children. To ensure that the patient will not receive an excessive dose, the maximum allowable safe dosage (i.e., mg/kg) shall be calculated before administration. There may be enhanced sedative effects when the highest recommended doses of local anesthetic drugs are used in combination with other sedatives or narcotics.

(i) Patients considered for minimal sedation, moderate sedation, and/or general anesthesia must be suitably evaluated prior to the start of any sedative procedure. In healthy or medically stable individuals (ASA I, II) this may consist of a review of their current medical history and medication use. However, patients with significant medical considerations (ASA III, IV) may require consultation with their primary care physician or consulting medical specialist.

(j) Pre-operative preparation shall include:

(i) Consideration of dietary restrictions based on the sedative technique prescribed; and

(ii) Verbal and written instructions shall be given to the patient, parent, escort, guardian or care giver.

(k) An appropriate scavenging system shall be available if gases other than oxygen are used.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.5.05262026 § 5 Requirements for Administering Minimal Sedation

(a) A sedation permit shall not be required for a dentist to administer minimal sedation.

(b) A dentist shall only administer minimal sedation by an enteral route.

(i) Have adequate equipment with fail-safe features and 25% minimum oxygen flow; and

(ii) Demonstrate competency and/or training in administering minimal sedation by:

(A) Completion of CODA recognized program; or

(B) Completion of a Board-approved course.

(d) Office Equipment Requirements. Any dentist who administers minimal sedation shall provide the following equipment, which shall be functional and available at all times:

(i) A continuous pulse oximeter;

(ii) A blood pressure cuff of appropriate size;

(iii) Stethoscope or equivalent blood pressure monitoring devices;

(iv) An appropriate size bag-valve-mask apparatus or equivalent with an oxygen hook-up; and

(v) A manual or automatic external defibrillator.

(e) A dentist or sedation permit holder shall document every administration of minimal sedation. Documentation for administration of minimal sedation shall include, but is not limited to, the following:

(i) Pertinent medical history including, but not limited to:

(A) Previous medication(s);

(B) Allergies; and

(ii) Weight (nitrous oxide excluded);

(iii) Vital Signs, including, but not limited to:

(A) Baseline heart rate; and

(B) Blood pressure.

(iv) Beginning and ending oxygen saturation levels; and

(v) Medication(s) administered and dosage(s).

(f) All dental personnel shall be certified in administering BLS. A dentist or sedation permit holder may delegate patient monitoring to qualified dental personnel. During a procedure where nitrous oxide anxiolysis or minimal sedation is administered, at least one (1) dental personnel shall be present.

(g) When the intent is minimal sedation for adults, the appropriate initial dosing of a single enteral drug is no more than the MRD dose of a drug that can be prescribed for unmonitored home use.

(h) Nitrous oxide administration may be used in combination with a single enteral drug in minimal sedation.

(i) Nitrous oxide administration when used in combination with a sedative agent(s) may produce moderate sedation, deep sedation, and/or general anesthesia which requires a sedation permit.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.5.05262026 § 6 Requirements for Administering Moderate Sedation, Deep Sedation, and/or General Anesthesia

(a) A sedation permit shall be required for a sedation permit holder to administer moderate sedation, deep sedation, and/or general anesthesia.

(b) Office Equipment Requirements.

(i) Any sedation permit holder who administers moderate sedation, deep sedation, and/or general anesthesia shall have available the required equipment in Section 5(d) and the following additional equipment and faculties, which shall be functional and available at all times:

(A) Suitable operating suite;

(B) Recovery area;

oxygen, which generally meet accepted safety standards;

(D) Suction system;

(E) Back-up suction equipment;

(F) Back-up lighting equipment;

(G) Parenteral access or the ability to gain parenteral access, if clinically indicated;

(H) Capnograph (end tidal carbon dioxide monitor) printout;

(I) EKG printouts;

(J) Appropriate emergency medications;

(K) Endotracheal tubes suitable for patients being treated;

(L) Endotracheal tube forceps (i.e., magill);

(M) A laryngoscope with reserve batteries and bulbs;

(N) Oropharyngeal airways;

(O) Nasopharyngeal airways; and

(P) At least one (1) additional airway device.

(ii) Volatile Anesthesia Delivery Systems. Any sedation permit holder who administers volatile anesthesia shall provide the required equipment listed in Section 5(d) and Section 6(b)(i) and the following additional equipment and facilities, which shall be functional and available at all times:

(A) Capability to deliver oxygen to a patient under positive pressure, including a back-up oxygen system;

(B) Gas outlets that meet generally accepted safety standards preventing accidental administration of inappropriate gases or gas mixture;

(D) The inhalation equipment must have an appropriate scavenging system if volatile anesthetics are used; and

(E) Gas storage facilities, which meet generally accepted safety standards.

(c) A sedation permit holder shall document every administration of moderate sedation, deep sedation, and/or general anesthesia. Documentation for administration of moderate sedation, deep sedation, and/or general anesthesia shall include the required documents listed in Section 5(e) and the following additional documentation:

(i) Current and comprehensive medical history, including:

(A) Medical conditions; and

(B) Age;

(ii) Physical examination, including:

(A) Airway assessment;

(B) Respiratory rate; and

(iii) ASA Classification;

(iv) Procedure(s);

(v) Informed Consent;

(vi) Anesthesia Record, which shall include:

(A) Vital signs before and after anesthesia is utilized;

(B) Parenteral access site and method, if utilized;

(D) Time anesthesia commenced and ended;

(E) Monitor blood pressure, heart rate, and oxygen saturation at least every five (5) minutes;

(F) EKG printouts;

(G) Capnograph (end tidal carbon dioxide monitor) printout;

(H) Ventilation status (spontaneous, assisted, or controlled);

(I) Intravenous fluids, if utilized;

(J) Response to anesthesia, including any complications;

(K) Starting time of recovery and time of discharge; and

(L) Condition of patient at discharge and authorization of sedation permit holder.

(d) All dental personnel shall be certified in administering BLS. A dentist or sedation permit holder may delegate patient monitoring to qualified dental personnel.

(i) Moderate Sedation. During a procedure where moderate sedation is administered, the sedation permit holder and at least one (1) other dental personnel shall be present.

(ii) Deep Sedation and/or General Anesthesia. During a procedure where deep sedation and/or general anesthesia is administered, the sedation permit holder and at least two (2) other dental personnel shall be present and at least one (1) shall be experienced in patient monitoring and documentation.

(e) A dentist or sedation permit holder shall be subject to disciplinary action if:

(i) A dentist administers moderate sedation, deep sedation, and/or general anesthesia without a sedation permit; or

(iii) A permit holder administers deep sedation and/or general anesthesia with a sedation permit for moderate sedation.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.5.05262026 § 7 Application Process for Administering Moderate Sedation

(a) The applicant shall submit a completed application, including fees, and provide evidence of:

(i) Current certification in ACLS or PALS; and

(ii) Demonstrating competency and/or training in administering moderate sedation within two (2) years immediately preceding the application as follows:

(A) Completion of a specialty residency recognized by CODA;

(B) Completion of a general practice residency recognized by CODA that meets the minimal training requirements identified in subsection (D);

(C) Submit proof that applicant has administered moderate sedation, deep sedation and/or general anesthesia in another jurisdiction within generally accepted standards of dental practice and provide documentation of at least 40 moderate sedation cases; or

(D) Completion of a training course to administer and manage moderate sedation within twelve (12) months prior to application. For moderate sedation, such training shall include a minimum:

(I) 60 hours of didactic instruction;

(II) 20 solo intubations (patient-based and/or acceptable electronic simulated manikin);

(III) 20 moderate sedation cases;

(IV) Physical diagnosis rotation; and

(V) Advance Airways and Emergency Management.

(b) While reviewing a completed application, the ARC shall consider any pending complaints before the Board against the applicant.

(c) Surgical/Anesthetic Techniques. A sedation inspector shall review at least three (3) separate cases in which the applicant administered anesthesia. The sedation inspector may require additional cases to observe at his/her discretion. If no cases are available (i.e. the applicant has just completed a residency program), three (3) separate standardized cases shall be reviewed.

(d) Simulated Emergencies. The applicant and his/her team shall be able to demonstrate their expertise in managing the following emergencies:

(i) Laryngospasm;

(ii) Bronchospasm;

(iii) Emesis and aspirator of vomitus;

(iv) Management of foreign bodies in the airway;

(v) Angina Pectoris;

(vi) Myocardial Infarction;

(vii) Cardiopulmonary Resuscitation;

(viii) Hypotension;

(ix) Hypertensive crisis;

(x) Acute allergic reaction;

(xi) Convulsions; and

(xii) Hyperventilation syndrome.

(e) Discussion Period. The applicant may be required to answer additional questions by the sedation inspector.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.5.05262026 § 8 Application Process for Administering Deep Sedation and/or General Anesthesia

(a) The applicant shall submit a completed application, including fees, and provide evidence of:

(i) Current certification in ACLS or PALS, that included a hands-on component;

(ii) Demonstrating competency and/or training in administering deep sedation and/or general anesthesia within two (2) years immediately preceding the application as follows:

(A) Completion of a residency program that includes training in sedation and/or general anesthesia that is approved by CODA, the American Dental Society of Anesthesiology, the Accreditation Council for Graduate Medical Education, the American Osteopathic Association or any successor organization to any of the foregoing; or

(B) Completion of a post-doctoral training program (e.g., oral and maxillofacial surgery) that affords comprehensive and appropriate training necessary to administer and manage deep sedation and/or general anesthesia that is approved by CODA or other program approved by the Board.

(b) While reviewing a completed application, the ARC shall consider any pending complaints before the Board against the applicant.

(d) Simulated Emergencies. The applicant and his/her team shall be able to demonstrate their expertise in managing the following emergencies:

(i) Laryngospasm;

(ii) Bronchospasm;

(iii) Emesis and aspirator of vomitus;

(iv) Management of foreign bodies in the airway;

(v) Angina Pectoris;

(vi) Myocardial Infarction;

(vii) Cardiopulmonary Resuscitation;

(viii) Hypotension;

(ix) Hypertensive crisis;

(x) Acute allergic reaction;

(xi) Convulsions; and

(xii) Hyperventilation syndrome.

(e) Discussion Period. The applicant may be required to answer additional questions by the sedation inspector.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.5.05262026 § 9 Sedation Permit Renewal and Expiration

(a) Sedation permits shall be renewed on or before December 31 every odd year. The renewal period shall be January 1 of even years through December 31 of odd years.

(b) A sedation permit holder shall submit a completed sedation permit renewal application, including fees, and provide evidence of:

(i) Current certification in ACLS or PALS, that included a hands-on component; and

(ii) Sixteen (16) hours of sedation education within the renewal period, with requirements that the course contain medical emergencies and airway management skills training with a hands on component.

(iii) The Board may request more documentation if necessary.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.5.05262026 § 10 Failure to Timely Renew

(a) Unlicensed Practice. Failure to timely renew may subject the permit holder to disciplinary action for unlicensed practice.

(b) Administrative Grace Period.

(i) The administrative grace period shall be from January 1st to March 31st following the renewal period.

(ii) Permit holders who failed to timely renew may apply for renewal during the administrative grace period. However, permit holders shall not practice until the Board approves their license.

(iii) Permit holders who failed to timely renew shall:

(A) Submit a completed renewal application and payment of fee;

(B) Verify current certification in ACLS or PALS that meets the requirements in Section 9.

(C) Provide evidence of completion of sixteen (16) hours of sedation education within the renewal period, with requirements that the course contain medical emergencies and airway management skills training with a hands on component.

(iv) On April 1st following the renewal period, any permit not renewed shall expire.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.5.05262026 § 11 Reinstatement of Expired and Revoked Sedation Permits

(a) A dentist may apply for reinstatement of their expired sedation permit by meeting the application requirements established in Section 7 and/or Section 8.

(b) A dentist may apply for reinstatement of their revoked sedation permit by meeting the application requirements established in Section 7 and/or Section 8 and submit evidence of:

(i) Meeting requirements of previous Board order; and

(ii) Demonstrating just cause for reinstatement.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.5.05262026 § 12 Sedation Inspector Qualifications and Duties

(a) Sedation Inspector Qualifications. The inspector shall:

(i) Submit a completed application;

(ii) Actively practice as a dental anesthesiologist, oral maxillofacial surgeon, anesthesiologist, or certified nurse anesthetist; and

(iii) Hold a current and unencumbered Wyoming license in their field.

(b) Sedation Inspector Duties. A Board-approved sedation inspector shall:

(i) Be considered an agent for the Board;

(ii) Comply with the Board Rules for inspecting sedation facilities within Wyoming;

(iii) Not have a conflict of interest with an applicant. A sedation inspector's receipt of payment from the applicant for services as a sedation inspector is acceptable and does not constitute a conflict of interest; and

(iv) Review a sedation permit applicant's surgical/anesthetic techniques required in Section 7(c) and Section 8(c).

History

Effective 2026-05-26

Wyo. Code R. 034.0001.5.05262026 § 13 Initial Facility Permit Application Process

(a) Application Requirements. Applicant shall:

(i) Submit a completed application and payment of fee; and

(ii) Have two (2) approved sedation inspectors submit sedation facility inspection reports for each location where sedation is intended to be administered.

(iii) Applicant shall be responsible for payment of sedation facility inspection fee to sedation inspectors.

(b) Renewal Requirements.

(i) Facility permits shall be renewed on or before December 31 every second year.

(ii) A facility permit holder shall submit a completed facility permit renewal application, including fees. The facility permit holder shall provide evidence of re-inspection every five (5) years.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.5.05262026 § 14 Sedation Facility Inspection Process

(a) Initial Inspection Process.

(i) Each sedation inspector shall review the office equipment, documentation, and emergency medications as required in Section 6.

(ii) After a sedation inspector has completed the onsite sedation facility inspection, the sedation inspector shall submit his/her findings and necessary documentation.

(b) Re-Inspection Process.

(i) Permitted sedation facilities shall be re-inspected every five (5) years. Responsible dentist bears the burden of ensuring that their permitted sedation facilities are re-inspected no later than five (5) years from the previous inspection.

(ii) Each re-inspection of a permitted sedation facility may be inspected by one (1) Board approved sedation inspector.

(iii) The Board may require re-inspection of a permitted sedation facility.

History

Effective 2026-05-26

Chapter 6 Code of Ethics for Dentists

Wyo. Code R. 034.0001.6.05262026 § 1 Patient Autonomy

This principle expresses the concept that professionals have a duty to treat the patient according to the patient's desires, within the bounds of accepted treatment, and to protect the patient's confidentiality. Under this principle, the dentist's primary obligations include involving the patients in treatment decisions in a meaningful way, with due consideration being given to the patient's needs, desires and abilities, and safeguarding the patient's privacy.

(a) Patient Involvement. The dentist shall inform the patient of the proposed treatment, and any reasonable alternatives, in a manner that allows the patient to become involved in treatment decisions.

(b) Patient Records. Dentists shall safeguard the confidentiality of patient records. Dentists shall maintain patient records in a manner consistent with the protection of the welfare of the patient. Upon request of a patient or another dental practitioner, dentists shall provide any information, including X-rays that will be beneficial for the future treatment of that patient.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.6.05262026 § 2 Nonmaleficence

This principle expresses the concept that professionals have a duty to protect the patient from harm. Under this principle, the dentist's primary obligations include keeping knowledge and skills current, knowing one's own limitations and when to refer to a specialist or other professional, and knowing when and under what circumstances delegation of patient care to auxiliaries is appropriate.

(a) Education. The privilege of dentists to be accorded professional status rests primarily in the knowledge, skill and experience with which they serve their patients and society. All dentists, therefore, shall keep their knowledge and skill current through continuing education.

(b) Consultation and Referral. Dentists shall seek consultation, if possible, whenever the welfare of patients will be safeguarded or advanced by utilizing those who have special skills, knowledge, and experience. When patients visit or are referred to specialists or consulting dentists for consultation:

(i) The specialists or consulting dentists upon completion of their care shall return the patient, unless the patient expressly reveals a different preference, to the referring dentist, or, if none, to the dentist of record for future care; and

(ii) The specialists shall be obliged when there is no referring dentist and upon completion of their treatment to inform patients when there is a need for further dental care.

(c) Use of Auxiliary Personnel. Dentists shall be obliged to protect the health of their patients by only assigning to qualified auxiliaries those duties which can be legally delegated. Dentists shall be further obliged to prescribe and supervise the patient care provided by all auxiliary personnel working under their direction.

(d) Patient Abandonment. Once a dentist has undertaken a course of treatment, the dentist shall not discontinue that treatment without giving adequate notice and the opportunity to obtain the services of other dentists. Care shall be taken that the patient's oral health is not jeopardized in the process.

(e) Personal Relationships. Dentists, because of their position of power and authority over both patients and staff, shall exercise extreme discretion in their conduct and avoid any form of sexual coercion and/or harassment.

(f) Personal Impairment. It is unethical for a dentist to practice while abusing controlled substances, alcohol, or other chemical agents that impair the ability to practice. All dentists have an ethical obligation to urge chemically impaired colleagues to seek treatment. Dentists with first-hand knowledge that a colleague is practicing dentistry when so impaired have an ethical responsibility to report such evidence to the professional assistance committee of a dental society.

(g) Duty to inform. When, during the course of dental treatment, an unexpected or undesirable outcome is obtained, the dentist has the duty to inform the patient of such outcome and to make arrangements for any follow up or additional treatment deemed necessary.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.6.05262026 § 3 Beneficence

This principle expresses the concept that professionals have a duty to act for the benefit of others. Under this principle, the dentist's primary obligation is the competent and timely delivery of dental care within the bounds of clinical circumstances presented by the patient, with due consideration being given to the needs, desires, and values of the patient. The same ethical considerations apply whether the dentist engages in fee-for-service, managed care or some other practice arrangement. Dentists may choose to enter into contracts governing the provisions of care to a group of patients; however, contract obligations do not excuse dentists from their ethical duty to put the patient's welfare first.

(a) Community Service. Since dentists have an obligation to use their skills, knowledge and experience for the improvement of the dental health of the public and are encouraged to be leaders in their community, dentists involved in such service shall conduct themselves in such a manner as to maintain or elevate the esteem of the profession.

(b) Government of a Profession. Every profession owes society the responsibility to regulate itself. Such regulation is achieved largely through the influence of the professional societies. All dentists, therefore, have the dual obligation of making themselves a part of a professional society and of observing its rules of ethics.

(c) Research and Development. Dentists have the obligation of making the results and benefits of their investigative efforts available to all when they are useful in safeguarding or promoting the health of the public.

(d) Patents and Copyrights. Patents and copyrights may be secured by dentists provided that such patents and copyrights shall not be used to restrict research or practice.

(e) Abuse and Neglect. Dentists shall become familiar with the signs of abuse and neglect and to report suspected cases to the proper authorities, consistent with state laws.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.6.05262026 § 4 Justice

This principle expresses the concept that professionals have a duty to be fair in their dealings with patients, colleagues and society. Under this principle, the dentist's primary obligations include dealing with people justly and delivering dental care without prejudice. In its broadest sense, this principle expresses the concept that the dental professional shall actively seek allies throughout society on specific activities that will help improve access to care for all.

(a) Patient Selection. While dentists, in serving the public, may exercise reasonable discretion in selecting patients for their practices, dentists shall not refuse to accept patients into their practice or deny dental service to patients because of the patient's race, creed, color, sex or national origin.

(b) Patients with Bloodborne Pathogens. It is unethical to decline treatment to any individual based on the fact that they are infected with a bloodborne pathogen such as Human Immunodeficiency Virus, Hepatitis B virus, Hepatitis C virus or any others.

(c) Emergency Service. Dentists shall make reasonable arrangements for the emergency care of their patients of record. Specifically, dentists shall make it possible for their patients of record to contact them after business hours. Additionally, dentists shall make reasonable arrangements with a colleague to provide emergency care whenever they are unavailable for such service.

(d) Justifiable Criticism. Dentists shall report to the appropriate reviewing agency as determined by the local component society instances of gross or continual faulty treatment by other dentists. Patients shall be informed of their present oral health status without disparaging comment about prior services.

(e) Expert Testimony. Dentists may provide expert testimony when that testimony is essential to a just and fair disposition of a judicial or administrative action.

(f) Rebate and Split Fees. Dentists shall not accept or tender "rebates" or "split fees."

History

Effective 2026-05-26

Wyo. Code R. 034.0001.6.05262026 § 5 Veracity

This principle expresses the concept that professionals have a duty to be honest and trustworthy in their dealings with people. Under this principle, the dentist's primary obligations include respecting the position of trust inherent in the dentist-patient relationship, communicating truthfully and without deception, and maintaining intellectual integrity.

(a) Representation of Care. Dentists shall not represent the care being rendered to their patients in a false or misleading manner. A dentist who represents that treatment or diagnostic techniques recommended or performed by the dentist has the capacity to diagnose, cure or alleviate diseases, infections or other conditions, when such representations are not based upon accepted scientific knowledge or research is acting unethically.

(b) Dental Amalgam. Based on current scientific data the Board has determined that the removal of amalgam restorations from the non-allergic patient for the alleged purpose of removing toxic substances from the body, when such treatment is performed solely at the recommendation or suggestion of the dentist is improper and unethical. The same principle of veracity applies to the dentist's recommendation concerning the removal of any dental restorative material.

(c) Representation of Fees. Dentists shall not represent the fees being charged for providing care in a false or misleading manner.

(d) Waiver of Copayment. A dentist who accepts a third party payment under a copayment plan as payment in full without disclosing to the third party that the patient's payment portion will not be collected, is engaged in overbilling. The essence of this ethical impropriety is deception and misrepresentation; an overbilling dentist makes it appear to the third party that the charge to the patient for services rendered is higher than it actually is.

(e) Overbilling. A dentist shall not increase a fee to a patient solely because the patient is covered under a dental benefits plan.

(f) Treatment Dates. A dentist who submits a claim form to a third party reporting incorrect treatment date for the purpose of assisting a patient in obtaining benefits under a dental plan, which benefits would otherwise be disallowed, is engaging in making an unethical, false or misleading representation to such third party.

(g) Dental Procedures. A dentist who incorrectly describes on a third party claim form a dental procedure in order to receive a greater payment or reimbursement or incorrectly makes a non-covered procedure appear to be a covered procedure on such a claim form is engaged in making an unethical, false or misleading representation to such third party.

(h) Unnecessary Services. A dentist shall not recommend and perform unnecessary dental services or procedures.

(i) Devices and Therapeutic Methods. Except for formal investigative studies, dentists shall prescribe, dispense, or promote only those devices, drugs and other agents whose complete formulae are available to the dental profession. Dentists shall not hold out as exclusive any device, agent, method or technique if that representation would be false or misleading in any material respect.

(j) Marketing or Sale of Products or Procedures. Dentists who, in the regular conduct of their practices, engage in or employ auxiliaries in the marketing or sale of products or procedures to their patients shall take care not to exploit the trust inherent in the dentist-patient relationship for their own financial gain. Dentists shall not induce patients to purchase products or undergo procedures by misrepresenting the product's value, the necessity of the procedure or the dentist's professional expertise in recommending the product or procedure. Dentist shall disclose to their patients all relevant information the patient needs to make an informed purchase decision.

(k) Professional Announcement. In order to properly serve the public, dentists shall represent themselves in a manner that contributes to the esteem of the profession. Dentists shall not misrepresent their training and competence in any way that would be false or misleading in any material respect.

(l) Advertising. Although any dentist may advertise, no dentist shall advertise or solicit patients in any form of communication in a manner that is false or misleading in any material respect.

(m) Referral Services. There are two basic types of referral services for dental care: not-for-profit and the commercial. The not-for-profit is commonly organized by dental societies or community services. It is open to all qualified practitioners in the area served. A fee is sometimes charged the practitioner to be listed with the service. A fee for such referral services is for the purpose of covering the expense of the service and has no relation to the number of patients referred. In contrast, some commercial referral services restrict access to the referral service to a limited number of dentists in a particular geographic area. Contractual arrangements whereby the dentist is paying the referral service for patients referred on a per patient basis shall be strictly prohibited. A dentist is allowed to pay for any advertising permitted by the Code, but is generally not permitted to make payments to another person or entity for the referral of a patient for professional services.

(n) Name of Practice. Since the name under which a dentist conducts his or her practice may be a factor in the selection process of the patient, the use of a trade name or an assumed name that is false or misleading in any material respect is unethical. Use of the name of a dentist no longer actively associated with the practice may be continued for a period not to exceed one (1) year.

(o) Dentist Leaving Practice. Dentists leaving a practice who authorize continued use of their names should seek advice on the legal implications of this action. With permission of a departing dentist, his or her name may be used for more than one year, if, after the one year grace period has expired, prominent notice is provided to the public through such mediums as a sign at the office and a short statement on stationery and business cards that the departing dentists has retired from the practice.

(p) Announcement of Specialization. A dentist shall not advertise or otherwise hold himself or herself out to the public as a specialist, or use any variation of the term, in an area of practice if the communication is false or misleading.

(i) It shall be false or misleading for a dentist to hold himself or herself out to the public as a specialist, or any variation of that term, in a practice area unless the dentist:

(A) has completed a qualifying postdoctoral educational program in that area as set forth in subsection (ii) of this rule; or

(B) holds a current certification by a qualifying specialty board or organization as set forth in subsection (iii) of this rule.

(ii) For purposes of this rule, a "qualifying postdoctoral educational program" is a postdoctoral advanced dental educational program accredited by an agency recognized by the U.S. Department of Education.

(iii) In determining whether an organization is a qualifying specialty board or organization, the Board shall consider the following criteria:

(A) whether the organization requires completion of an educational program with didactic, clinical, and experiential requirements appropriate for the specialty or subspecialty field of dentistry in which the dentist seeks certification, and the collective didactic, clinical and experiential requirements are similar in scope and complexity to a qualifying postdoctoral educational program. Programs that require solely experiential training, continuing education classes, on-the-job training, or payment to the specialty board shall not constitute a qualifying specialty board or organization;

(B) whether the organization requires all dentists seeking certification to pass a written or oral examination, or both, that tests the applicant's knowledge and skill in the specialty or subspecialty area of dentistry and includes a psychometric evaluation for validation;

(D) whether the organization has written by-laws and a code of ethics to guide the practice of its members;

(E) whether the organization has staff to respond to consumer and regulatory inquiries; and

(F) whether the organization is recognized by another entity whose primary purpose is to evaluate and assess dental specialty boards and organizations.

(iv) A dentist qualifying under subsection (iii) of this rule and advertising or otherwise holding himself or herself out to the public as a specialist, or any variation of that term, shall disclose in the advertisement or communication the specialty board by which the dentist was certified and provide information about the certification criteria or where the certification criteria may be located.

(v) A dentist shall maintain documentation of either completion of a qualifying postdoctoral educational program or of his or her current specialty certification and provide the documentation to the Board upon request. Dentists shall maintain documentation demonstrating that the certifying board qualifies under the criteria in subsection (iii) of this rule and provide the documentation to the Board upon request.

(q) Superior Designation. A dentist shall not hold himself out as an expert or imply superiority.

(r) General Practitioner Announcement of Services. General dentists who wish to announce the services available in their practices are permitted to announce the availability of those services so long as they avoid any communication that express or imply specialization. General dentist shall also state that the specialty services are being provided by general dentists. That disclaimer shall appear in same font and size as the advertised specialty service. A dentist shall not announce available services in any way that would be false or misleading in any material respect.

(s) Dental Practice Ownership Disclosure.

(i) If the name or ownership of the dental practice differs from the dentist(s) providing the services, the dentist providing services shall provide a written disclosure that indicates any and all individuals with a financial interest in the dental practice to be signed by the patient.

(ii) If a general dentist is employed at a specialty practice, the practice shall disclose when services are provided by a general dentist.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.6.05262026 § 6 Compliance with Code of Ethics

Dentists shall comply with the provisions of this Chapter, the ADA's Principles of Ethics and Code of Professional Conduct, the ADHA's Bylaws and Code of Ethics, and the Centers for Disease Control's Summary of Infection Prevention Practices in Dental Settings as referenced in Chapter 1.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.6.05262026 § 7 Prescribing Opioids

(a) When considering prescribing opioids, dentists shall conduct a medical and dental history to determine current medications, potential drug interactions and history of substance abuse.

(b) Dentists shall register with and utilize prescription drug monitoring programs (PDMP) to promote the appropriate use of controlled substances for legitimate medical purposes, while deterring the misuse, abuse and diversion of these substances.

(c) Dentists shall have a discussion with patients regarding their responsibilities for preventing misuse, abuse, storage and disposal of prescription opioids.

(d) Dentists shall consider treatment options that utilize best practices to prevent exacerbation of or relapse of opioid misuse.

(e) Dentists shall consider nonsteroidal anti-inflammatory analgesics as the first-line therapy for acute pain management.

(f) Dentists shall recognize multimodal pain strategies for management for acute postoperative pain as a means for sparing the need for opioid analgesics.

(g) Dentists shall consider coordination with other treating doctors, including pain specialists when prescribing opioids for management of chronic orofacial pain.

(h) Dentists who are practicing in good faith and who use professional judgment regarding the prescription of opioids for the treatment of pain shall not be held responsible for the willful and deceptive behavior of patients who successfully obtain opioids for non-dental purposes.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.6.05262026 § 8 Morbidity/Mortality Reporting Requirements

(a) All licensees shall report any morbidity, mortality, or other incident that results in temporary or permanent physical or mental injury of a patient requiring hospitalization to the Board within thirty (30) days.

(b) All licensees shall provide the following documents:

(i) Detailed description of dental procedures performed;

(ii) Names of all licensees involved in procedure;

(iii) All relevant patient records; and

(iv) Detailed description of sedation procedures used, if any.

History

Effective 2026-05-26

Chapter 7 Dental Auxiliaries

Wyo. Code R. 034.0001.7.05292024 § 1 Authority

The Board is authorized under Wyoming Statute 33-15-119, 33-15-129(a), 33-15-123, and the WAPA to promulgate rules and regulations related to the application and licensure procedures to practice of dental hygiene and dental auxiliaries in Wyoming.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.7.05292024 § 2 Statement of Purpose

These Board Rules are adopted to implement the Board's authority to regulate the practice of dental hygiene and other dental auxiliaries.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.7.05292024 § 3 Dental Auxiliary Personnel

Except as otherwise provided, dental auxiliary personnel shall not perform irreversible procedures.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.7.05292024 § 4 Practice of Dental Hygiene

(a) The dental hygienist shall:

(i) Work under the supervision of a Wyoming licensed dentist; and

(ii) Be responsible for maintaining a high degree of proficiency in the practice of dental hygiene that is consistent with current educational standards of the profession.

(b) Dental hygienists may work in the private office of a licensed dentist, in the Armed Forces of the United States, in federal or state institutions, in public health settings, and nursing or retirement facilities.

(c) Dental hygienists are encouraged to promote oral health. They may accomplish this through presentations to schools, institutions, groups, or individuals. In no event should these presentations be used for the purpose of advertising or soliciting patients for himself/herself or a dentist.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.7.05292024 § 5 Supervision of Procedures Performed by the Dental Hygienist

(a) General Supervision. The following procedures require general supervision:

(i) Community dental health activities which includes public health services at federally funded health centers and clinics; nursing homes; extended care facilities; home health agencies; group homes for the elderly, disabled and youth; public health offices; Women, Infants, and Children; Head Start programs; child development programs; early intervention programs; migrant work facilities; free clinics; health fairs; public and private schools; state and county correctional institutions; community school-based prevention programs; and public health vans.

(A) Public health services solely consist of prophylaxis, topical fluoride applications, oral health education, and dental screenings. These services can be provided by the hygienist without prior authorization of the dentist. All patients seen shall be referred to a dentist annually.

(B) The hygienist shall maintain a Collaboration Agreement with a Wyoming licensed dentist. The hygienist must have a current Wyoming dental hygienist license with a minimum of two (2) years clinical experience.

(ii) Duties authorized for dental assistants set forth in the Board Rules;

(iii) Root plane, scale and polish teeth;

(iv) Polish amalgams and composites;

(v) Screen the oral cavity for disease;

(vi) Place temporary fillings that require no removal of tooth structure;

(vii) Place, expose, and process radiographic images;

(viii) Place pit and fissure sealants and silver diamine fluoride; and

(ix) Apply subgingival topical anesthetic (i.e. Oraqix).

(b) Direct Supervision. The following procedures require direct supervision:

(i) Prepare, place, and remove periodontal packs;

(ii) Remove overhanging margins;

(iii) Treat diagnosed dry sockets;

(iv) Treat diagnosed pericoronitis;

(v) Perform whitening procedures; and

(vi) Perform expanded dental duties.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.7.05292024 § 6 Expanded Duties Permits

(a) Permit. To obtain an expanded duties permit, a dental hygienist shall meet educational standards, or pass an examination approved by the Board, or both. Applicant shall submit a completed application for each duty.

(b) Training Course Approval.

(i) Training programs shall be approved in advance in writing by the Board. All expanded duty courses must contain an examination or competency assessment. Due to the varied programs, individual courses shall require individual approval after course content is reviewed by the Board.

(ii) Applicant shall provide evidence of satisfactory completion of each expanded duties course.

(iii) An applicant for soft tissue laser shall complete and provide proof of training that covers a minimum of twelve (12) hours of laser physics, safety, and appropriate use, to include a hands-on component, didactic testing component and laser (hands on) assessment component, prior to applying for a permit. The training shall meet the following requirements:

(A) The course shall be provided or recognized by any of the following organizations (or successor organization):

(I) CODA accredited institution:

(II) ADA Continuing Education Recognition Program (CERP);

(III) The Academy of General Dentistry (AGD) Program Approval for Continuing Education (PACE); or

(IV) The Academy of Laser Dentistry.

(B) The course must have a hands-on component and may not be online only.

(C) The course must also require the applicant to have completed a live and interactive training that addressed operations of the specific laser(s) utilized in the practice.

(iv) An in-person evaluation for an expanded duties permit may be required by the Board to ascertain the applicant's knowledge of the expanded duties that the applicant wishes to be permitted to perform.

(i) Administer local anesthetics via injection;

(ii) Administer and monitor nitrous oxide/oxygen; or

(iii) Use soft tissue lasers to provide tissue therapy within the dental hygienists scope of practice.

(A) All lasers must be used in accordance with accepted safety guidelines.

(B) When utilizing a laser, the dental hygienist shall document the following, at a minimum:

(I) Type of Laser, including wavelength;

(II) Settings used (pulse or continuous wavelength, power setting); and

(III) Procedure performed with details including size and location (Herpetic lesions, Aphthous Ulcers, Perio debridement).

History

Effective 2024-05-29

Wyo. Code R. 034.0001.7.05292024 § 7 Dental Assistants

The following applies to all dental assistants:

(a) Dental Assistant. A dentist holding a current Wyoming license may employ persons designated as "Dental Assistants." They may be trained by their employer or by an accredited or Board approved program for dental assistants.

(b) General Supervision. The following procedures require general supervision:

(i) Take vital statistics and health histories;

(ii) Instruct patients in proper dental health care;

(iii) Process radiographs;

(iv) Fabricate and cement temporary crowns;

(v) Replace ligature wires and/or place elastic ties;

(vi) Remove ligature wire and/or elastic ties;

(vii) Place and remove orthodontic separators;

(viii) Remove broken bands, brackets, wires and appliances in emergency situations or as needed for operative or prophylactic purposes; and

(ix) Place and expose x-ray image receptors (either film or digital) with a dentist's order, either verbal or written.

(i) Take impressions other than final or master impressions and/or digital scan impressions;

(ii) Apply topical medications, excluding pit and fissure sealants and silver diamine fluoride;

(iii) Mix dental materials to be used by the dentist; and

(iv) Insert arch wires that have been adjusted by the dentist into the brackets or attachments and secured in place.

(d) Direct Supervision. The following procedures require direct supervision:

(i) Remove sutures;

(ii) Assist the dentist in all operative and surgical procedures;

(iii) Place and remove rubber dams;

(iv) Place and remove matrices;

(v) Remove excess cement from the coronal surfaces of the teeth;

(vi) Prepare and remove periodontal packs;

(vii) Polish the coronal surfaces of the teeth, rubber cup only, but not for the purpose of prophylaxis.

(viii) Perform whitening procedures;

(ix) Place and remove orthodontic wires and/or appliances that have been activated by the dentist;

(x) Take impressions for orthodontic procedures, i.e. retainers and removable appliances;

(xi) Remove direct bond attachments and bands;

(xii) Place pit and fissure sealants; and

(xiii) Treat diagnosed dry socket.

(e) Prohibitions. The following procedures may not be performed by dental assistants:

(i) Remove tooth structure;

(ii) Diagnose for treatment;

(iii) Take final impressions either digital or conventional or deliver a permanent prosthesis of any type;

(iv) Any procedure billed as a dental prophylaxis;

(v) Use high speed handpiece intraorally; or

(vi) Use low speed handpiece intraorally, except for coronal polishing.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.7.05292024 § 8 Exposure of Radiographic Images by Dental Assistants

(a) Eligibility. An applicant may seek a permit to expose dental radiographs under the general supervision of a dentist, if the applicant demonstrates competency.

(b) Application Requirements. Applicant shall:

(i) Submit a completed application and payment of fee; and

(ii) Demonstrate competency by submitting evidence the applicant has:

(A) Completed a course or examination in dental radiography within one (1) year immediately prior to the date of application that meets one of the following:

(I) A radiograph course from a CODA accredited program;

(II) The DANB RHS Examination;

(III) A radiograph training course administered by a state dental association; or

(IV) A curriculum of at least eight hours, which includes a competency assessment or examination and cover the following subjects:

(1.) Dental nomenclature;

(2.) Machine operation exposure factors;

(3.) Operator and patient safety;

(4.) Practical or clinical experience in:

a. Appropriate film handling, storage, and processing procedures when it applies.

b. Appropriate patient record documentation for radiographic images; or

(B) Been authorized to expose dental radiographs in another jurisdiction within the last five (5) years.

(d) Late Renewal. A permit to expose radiographs that was not timely renewed may be renewed within five (5) years of the date the permit expired by submitting a late renewal application and the late fee. After five (5) years, the assistant must reapply and document completion of a new radiography course that meets the requirements in Section 8(a)(ii)(A) within one (1) year immediately prior to the date of application.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.7.05292024 § 9 Placement of Pit and Fissure Sealants by Dental Assistants

(a) Eligibility. An applicant may apply for a pit and fissure sealant permit if the applicant has successfully completed a Board approved course which may include:

(i) Board approved course meeting the requirements identified in subsection (c); or

(ii) CODA accredited dental hygiene program or a dental assisting program.

(b) Application Requirements. Applicant shall submit:

(i) Completed application and payment of fee; and

(ii) Completed checklist demonstrating competency and completion of course within one (1) year immediately prior to the date of application.

(i) Didactic Education including:

(A) Infection Control;

(B) Microbiology;

(D) Dental anatomy;

(E) Ethics related to pit and fissure sealant application;

(F) Jurisprudence related to pit and fissure sealant application; and

(ii) Clinical Instruction including supervised application of sealants.

(d) Renewal. A permit to place pit and fissure sealants shall expire December 31 every second year, unless renewed.

(e) Late Renewal. A permit to place pit and fissure sealants that was not timely renewed may be renewed within five (5) years of the date the permit expired by submitting a late renewal application and the late fee. After five (5) years, the assistant must reapply and document completion of a new pit and fissure training course within one (1) year immediately prior to the date of application.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.7.05292024 § 10 Code of Ethics for Dental Hygienists and Dental Assistants

Each dental hygienist and dental assistant practicing in the state of Wyoming shall:

(a) Provide oral health care utilizing highest professional knowledge, judgment, and ability;

(b) Serve all patients without discrimination;

(d) Utilize every opportunity to increase public understanding of oral health practices;

(e) Generate public confidence in members of the dental health profession;

(f) Cooperate with all health professions in meeting the health needs of the public;

(g) Recognize and uphold the laws and regulations governing this profession;

(h) Maintain professional competence through continuing education;

(i) Exchange professional knowledge with other health professions;

(j) Represent dental hygiene and/or dental assisting with high standards of personal conduct; and

(k) Comply with the provisions of ADHA's Code of Ethics or Dental Assisting National Board's Code of Professional Conduct as referenced in Chapter 1.

History

Effective 2024-05-29

Chapter 9 Grounds for Discipline

Wyo. Code R. 034.0001.9.05292024 § 1 Authority

The Board is authorized under Wyoming Statute 33-15-112, 33-15-121, and the WAPA to promulgate rules and regulations related to the discipline of licensees in Wyoming.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.9.05292024 § 2 Grounds for Discipline

The Board may take disciplinary action or refuse to issue or renew a license for the any one (1) or more of the following acts or conduct:

(a) Violations of the Act or Board Rules;

(b) Unprofessional conduct. Unprofessional conduct relates to the practice of dentistry or any dental auxiliary occupation that constitutes a departure from or failure to conform to the standards of acceptable and professional practices, including, but not limited to:

(i) Conduct that indicates the licensee or applicant is grossly ignorant of health care and dental related standards and protocols;

(ii) Conduct that indicates the licensee or applicant is inefficient by failing to provide timely care to a patient or by failing to refer the patient when circumstances indicate referral is appropriate;

(iii) Conduct or factors that indicate the licensee's or applicant's competency is compromised;

(iv) Impairment due to drug abuse, alcohol abuse, or a physical or mental condition, which may have compromised, or may compromise, patient safety;

(v) Employing directly or indirectly any unlicensed person to perform operations of any kind of treatment for human teeth or jaws, or to perform any task which constitutes the practice of dentistry;

(vi) Betraying patient confidences;

(vii) Failing to make and maintain complete patient records that conform to prevailing record-keeping standards within the licensee holder's profession;

(viii) Failing to provide a patient, or the Board, with a full and complete copy of all patient records, x-rays, molds, or any other item kept in the course of treatment or services rendered by the license holder, for any patient, if either the patient, the patient's legal guardian, or the Board requests said copies;

(ix) Providing false, deceptive, or misrepresented information to the Board, committees or staff:

(A) In procuring or attempting to procure a license to practice dentistry;

(B) In filing or reporting any health care information, including but not limited to client documentation, agency records or other essential health documents;

(D) In submitting any information to the Board;

(x) Failure of a dentist to verify that all staff employed by the dentist or individuals contracted with the dentists, are licensed or certified by the Board to perform all tasks requiring licensure or certification before such tasks are performed at the direction of the dentist;

(xi) Directing or permitting any staff member to perform any procedure for which they are not licensed, certified, or competent;

(xii) Performing any act or gesture which, from the standpoint of the patient, exploits the patient's trust between the patient and the patient's dentist. Such acts may include intimate or sexual advances, intimate or sexual contact, or the use of any unnecessary sedative substance without explicit written consent by the patient;

(xiii) Performing any study or research without following standardized protocols for the research, including obtaining written and informed consent by the patient for any study;

(xiv) Failure to maintain current BLS certification;

(xv) Reprimand or other disciplinary action imposed by any academic institution or professional organization for cheating or plagiarizing;

(xvi) Financial insolvency which may jeopardize the efficacy of treatment or appropriate standard of care provided to patients;

(xvii) Violation of any order, term, restriction, or condition imposed by the Board; or

(xviii) Failure to conform with any provision of the ADA Principles of Ethics and Code of Professional Conduct, ADHA Bylaws and Code of Ethics, Dental Assisting National Board's Code of Professional Conduct, or the Centers for Disease Control's Summary of Infection Prevention Practices in Dental Settings, or the Centers for Disease Control's Guideline for Prescribing Opioids for Chronic Pain as referenced in Chapter 1.

History

Effective 2024-05-29

Chapter 10 Fees

Wyo. Code R. 034.0001.10.05262026 § 1 Authority

The Board is authorized under Wyoming Statute § 33-15-106 and the WAPA to promulgate rules and regulations related to the establishment of fees for issuance of licenses and administration of examinations in Wyoming.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.10.05262026 § 2 Statement of Purpose

These Board Rules are adopted to implement the Board's authority to determine and collect reasonable fees.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.10.05262026 § 3 General Information

(a) Fees shall be payable in the exact amount and shall be paid in advance of the services rendered.

(b) All fees collected by the Board are non-refundable.

(c) Fees related to public records requests shall be assessed pursuant to the Department of Administration and Information's rules concerning public records.

History

Effective 2026-05-26

Wyo. Code R. 034.0001.10.05262026 § 4 Fees

Services for which the Board charges a fee shall include, but not be limited to, the following fee schedule:

(a) Dentists:

(i) Application for Licensure by Examination $300

(ii) Application for Licensure by Endorsement $750

(iii) Biennial License Renewal $250

(iv) Late License Renewal (Jan 1 - Mar 31) $370

(v) Relicensure $370

(vi) Reinstatement $750

(b) Sedation Permit Holders:

(i) Application for Moderate Sedation Permit $500

(ii) Application for Deep Sedation/General Anesthesia Permit $500

(iii) Application for Facility Permit $25

(iv) Biennial Moderate or Deep Sedation/General Anesthesia

Permit Renewal $475

(v) Biennial Facility Permit Renewal $50

(vi) Sedation Permit Reinstatement $500

(i) Application for Licensure by Examination $150

(ii) Application for Licensure by Endorsement $200

(iii) Applications for Dental Hygiene Expanded Duties $30

(iv) Biennial License Renewal (including Expanded Duties) $130

(v) Late License Renewal (Jan 1 - Mar 31) $190

(vi) Relicensure $190

(vii) Reinstatement $200

(d) Dental Assistants:

(i) Application for Radiograph Permit $30

(ii) Application for Pit and Fissure Permit $30

(iii) Biennial Radiograph Permit Renewal $20

(iv) Biennial Pit and Fissure Permit Renewal $20

(v) Late Permit Renewal $35

(e) Other Fees:

(i) License or Permit Verification $25

(ii) Replacement Document $25

(iii) Non-Sufficient Fund Fee $30

History

Effective 2026-05-26

Chapter 11 Practice and Procedures for Applications

Wyo. Code R. 034.0001.11.05292024 § 1 Authority

. The Board promulgates these rules according to authority granted by Wyoming Statute 33-10-110 and 16-3-103(j)(i).

History

Effective 2024-05-29

Wyo. Code R. 034.0001.11.05292024 § 2 Application Review

(a) Assigning Application Review Committee (ARC).

(i) All applications shall be reviewed by the Application Review Committee or Board staff.

(ii) When Board staff determines that there may be grounds to deny a license or approve a license subject to discipline or restrictions, Board staff shall refer the application to an ARC.

(b) The ARC shall investigate the application, which may include requesting additional information, meeting with the applicant, or any other action the ARC deems appropriate.

(i) Issue, renew, relicense, or reinstate a license;

(ii) Issue, renew, relicense, or reinstate a license subject to reprimand, conditions, restrictions, or other disciplinary action;

(iii) Approve a settlement agreement; or

(iv) Deny the application.

(d) Notice of Intent.

(i) If the ARC intends to recommend that the Board deny an application or issue a license subject to other disciplinary action, the ARC shall notify the applicant of its recommendation.

(ii) The Notice of Intent shall contain:

(A) A brief description of the facts or conduct that the ARC alleges warrant denying the license or issuing the license subject to disciplinary action;

(B) Citations to the applicable statutory provisions or Board rules that the ARC alleges the applicant violated; and

(C) Notice that an applicant may request a hearing before the Board in writing within thirty (30) days from the date of mailing.

(e) The applicant shall have thirty (30) days from the date the ARC mailed the Notice of Intent to respond. The applicant may:

(i) Request that the Board hold a hearing on the ARC's recommendation;

(ii) Request that the Board table consideration of the application; or

(iii) Withdraw the application.

(f) If an applicant fails to timely respond to the Notice of Intent, the Board may accept the ARC's recommendation.

(g) There shall be a presumption of lawful service of any communication required by these rules if sent by U.S. mail to the address stated on the application or, if applicable, an updated address later provided by the applicant.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.11.05292024 § 3 Hearing Procedure

(a) Upon receiving a written request for a hearing from an applicant, the Board or a hearing officer appointed by the Board shall begin a contested case proceeding. Board staff or the hearing officer shall serve a Notice of Hearing on the applicant at least thirty (30) days before the hearing. The Notice of Hearing shall contain:

(i) A brief statement of the matters asserted, including:

(A) The ARC's recommendation;

(B) The facts upon which the recommendation is based; and

(C) The statutory provisions or Board rules the applicant is alleged to have violated or failed to meet to qualify for licensure.

(ii) The time, place, and nature of the hearing;

(iii) The legal authority and jurisdiction of the Board; and

(iv) Notice of the burden and standard of proof.

(b) Any hearing officer appointed by the Board shall preside over the contested case proceeding and shall conduct the proceeding according to the Wyoming Administrative Procedure Act and Chapter 2 of the Office of Administrative Hearings rules as incorporated by reference in Chapter 1.

(c) The applicant shall bear the burden to prove by a preponderance of the evidence that he or she meets the qualifications for licensure. The burden of production shall shift to the ARC to prove by clear and convincing evidence that the applicant should not be granted an unrestricted license or license subject to discipline. The burden of production then shifts to the applicant to demonstrate that the ARC's grounds for denial or issuance of a license subject to conditions or restrictions are insufficient and that the applicant is entitled to licensure.

(d) The Board may resolve an application matter by:

(i) Adopting the ARC's recommendation without a hearing if the applicant did not request a hearing;

(ii) Resolving a dispositive motion in either party's favor;

(iii) Conducting a contested case hearing. Following the hearing and the Board's deliberation, the Board may:

(A) Issue, renew, relicense, or reinstate a license;

(B) Issue, renew, relicense, or reinstate a license with conditions, restrictions, or other disciplinary action;

(e) The Board shall issue a written decision or order. The decision or order shall be sent by U.S. Mail to the applicant and the applicant's attorney or representative, if any.

(i) Board action is effective on the date that the Board approves the written decision or order and it is entered into the administrative record.

(ii) Written board decisions or orders are final agency action subject to judicial review according to the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.

History

Effective 2024-05-29

Chapter 12 Practice and Procedures for Discipline Matters

Wyo. Code R. 034.0001.12.05292024 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute 33-10-110 and 16-3-103(j)(i).

History

Effective 2024-05-29

Wyo. Code R. 034.0001.12.05292024 § 2 Practice and Procedures for Discipline Matters

The Board may take disciplinary action for the following:

(a) Licensee violating the Board's practice act or rules; or

(b) Licensee violating a Board order.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.12.05292024 § 3 Complaint Review and Disciplinary Investigation

(a) Complaints that a licensee has violated the Board's practice act or the Board's rules shall be submitted to the Board's office. Board staff may initiate complaints.

(b) After receiving a complaint or initiating a complaint, Board staff shall assign the complaint to an Investigative Committee (IC) for investigation.

(i) Dismiss the complaint;

(ii) Summarily suspend a license;

(iii) Approve a settlement agreement; or

(iv) Discipline the licensee, including revocation, suspension, restriction, condition, or reprimand.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.12.05292024 § 4 Summary Suspension

(a) An IC may recommend that the Board summarily suspend a license at any time when the IC or Board staff believes that the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare.

(b) The IC shall notify the licensee of its intent to recommend summary suspension. The Notice of Intent shall contain:

(i) A copy of the complaint, if any;

(ii) A description of the grounds for the summary suspension recommendation; and

(iii) Notice that an expedited summary suspension proceeding shall be set at the earliest opportunity a quorum of Board members may be assembled.

(c) When the date and time of the summary suspension hearing is set, the Board staff shall notify the licensee of the date and time of the proceeding by mailing written notice and emailing electronic notice to the licensee's mailing and email addresses.

(d) The scope of the expedited summary suspension proceeding shall be limited to a presentation of the information the IC believes warrants summary suspension and any information the licensee may present on his or her behalf.

(e) Hearing Format.

(i) The IC shall describe the allegations that it believes warrant emergency action against the licensee.

(ii) The IC shall present information that demonstrates probable cause that the allegations are true.

(iii) The IC shall explain why the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare.

(iv) The licensee, if present, may present any information demonstrating that the allegations are not true or that, even if the allegations are true, the licensee's continued practice does not imperatively require emergency action to protect the public health, safety, or welfare.

(f) The Board may order summary suspension if it concludes that probable cause exists that the allegations are true and that the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare. The Board shall incorporate a finding to that effect in its order granting summary suspension.

(g) No summary suspension shall be effective until the Board has adopted a written order incorporating the reasons justifying its decision.

(h) The Board shall enter a written order granting or denying summary suspension at the summary suspension proceeding or within seven days after the proceeding. The Board shall send the order to the licensee by U.S. mail and by email.

(i) Post-Deprivation Hearing.

(i) A licensee may request a post-deprivation hearing within ten (10) days from the date the summary suspension order is entered.

(ii) If a licensee requests a post-deprivation hearing, the Board shall conduct it within thirty (30) days of the licensee's request and notify the licensee of the date, time, and location of the hearing.

(iii) Post-deprivation hearings shall be conducted in the same manner as summary suspension proceedings as articulated in Section 4(e) of this chapter. The sole issue before the Board at a post-deprivation hearing shall be whether the IC's allegations imperatively require emergency action to protect the public health, safety, and welfare. The Board shall affirm its decision to summarily suspend a license, and issue a written order to that effect, if it concludes that the IC has proven the allegations by a preponderance of the evidence and that the allegations imperatively require emergency action to protect the public health, safety, or welfare.

(j) Unless earlier terminated by the Board or a petition for discipline is filed under Section 6 of this chapter, summary suspensions shall lapse one hundred eighty (180) days after the written order granting summary suspension is entered under subsection (h) of this section.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.12.05292024 § 5 Surrender in Lieu of Discipline and Licenses Issued in Error

(a) A licensee may petition the Board, in writing, to voluntarily surrender a license in lieu of discipline.

(i) The IC shall recommend that the Board approve or deny the petition.

(ii) The Board may approve or deny the petition.

(b) If Board staff has reason to believe that a license has been issued despite an applicant not meeting licensure requirements and:

(i) If Board Staff has issued the license and the Board has not ratified its issuance, the license shall be rescinded and the matter shall be referred to an ARC.

(ii) If Board Staff has issued the license and the Board has ratified its issuance, the matter shall be referred to an IC.

(A) The IC may petition the Board to revoke the license or impose practice restrictions according to the procedures outlined in Section 6 of this chapter and may seek summary suspension.

(B) A revocation solely for the reasons specified this subsection shall not be considered license discipline. Nothing in this subsection prohibits discipline or application denial for a licensee's conduct.

(C) A licensee may surrender the license at issue under this provision in lieu of a hearing before the Board without Board approval.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.12.05292024 § 6 Hearing Procedure

(a) There shall be a presumption of lawful service of a Notice of Intent, Petition, Notice of Hearing, or any other communication required by these rules if sent by U.S. mail to the address the licensee most recently supplied to the Board.

(b) The IC shall notify the licensee of its intent to file a petition for disciplinary action. The Notice of Intent shall:

(i) Include a brief description of the facts or conduct that warrant the intended action;

(ii) Include a description of the nature of the discipline the IC intends to seek; and

(iii) Provide the Licensee no less than thirty (30) days to show that the licensee has complied with all lawful license requirements.

(c) The IC shall initiate proceedings for disciplinary action by filing a Petition with the Board office and serving a copy upon the licensee to the last known address of the licensee by regular U.S. mail.

(d) A licensee may respond to the Petition by filing an Answer admitting or denying the allegations in the Petition or by filing a dispositive motion.

(e) A licensee shall respond to a Petition within twenty (20) days from the date the Petition is filed with the Board office or, if the licensee files a dispositive motion, from the date the dispositive motion is decided by entry of a written order. Failure to respond to the Petition within this time may result in a default judgment.

(f) When a petition for disciplinary action is filed, the Board or a hearing officer appointed by the Board shall begin a contested case proceeding. Board staff or the hearing officer shall serve a Notice of Hearing, with the Petition attached, on the applicant at least thirty (30) days before the hearing. The notice of hearing shall contain:

(i) The legal authority for the Petition and statement of the Board's jurisdiction;

(ii) The facts justifying the disciplinary action sought;

(iii) The statutory provisions or Board rules the licensee is alleged to have violated;

(iv) The time, place, and nature of the hearing; and

(v) Notice of the burden and standard of proof.

(g) If a licensee fails to timely answer the allegations in a Petition or appear at a noticed hearing, and upon the IC's motion, the Board may enter default against the licensee. In entering default, the Board may:

(i) Order that the factual allegations in the Petition are to be taken as true for the purposes of the hearing;

(ii) Order that the licensee may not present evidence on some or all issues in the matter; or

(iii) Any other relief the Board determines is just.

(h) The Board may set aside an entry of default for good cause.

(i) Any hearing officer appointed by the Board shall preside over the contested case proceeding and shall conduct the proceeding according to the Wyoming Administrative Procedure Act and Chapter 2 of the Office of Administrative Hearings rules as incorporated by reference in Chapter 1.

(j) The IC shall bear the burden to prove by clear and convincing evidence that the licensee violated the Board's practice act or the Board's rules.

(k) The Board may resolve a discipline matter by:

(i) Resolving a dispositive motion in either party's favor;

(ii) Accepting a settlement agreed on by both parties;

(iii) Granting a licensee's petition for voluntary surrender in lieu of discipline under Section 5(a) of this Chapter;

(iv) Conducting a contested case hearing. Following the hearing and the Board's deliberation, the Board may, as applicable:

(A) Find no violation of the Board's practice act or rules and therefore impose no discipline on the licensee;

(B) Find that the licensee has violated the Board's practice act or rules and impose the following discipline: reprimand, conditions, restrictions, suspension, revocation, other discipline, or a combination thereof.

(l) The Board shall issue a written decision or order. The decision or order shall be sent by U.S. Mail to the licensee and the licensee's attorney or representative, if any.

(m) Board action is effective on the date that the Board approves the written decision or order and it is entered into the administrative record.

(n) Written board decisions or orders are final agency action subject to judicial review according to the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.

History

Effective 2024-05-29

Wyo. Code R. 034.0001.12.05292024 § 7 Petition for Modifying Conditions or Restrictions

(a) A licensee may petition the Board to modify any conditions or restrictions on his or her license. The licensee shall submit a written petition for modification to the Board office. The petition for modification shall include evidence demonstrating:

(i) Compliance with all previously entered Board orders;

(ii) That the modification is consistent with any treatment plan or medical orders, if applicable; and

(iii) That the modification will ensure the public is adequately protected.

(b) The IC assigned the matter shall review the petition and shall recommend that the Board either grant or deny the petition within thirty (30) days of the Board office receiving the petition.

(i) The Board shall consider the petition and the IC's recommendation at its earliest convenience.

(ii) The Board may approve or deny the petition for modification.

History

Effective 2024-05-29