Missouri Statute | Act | Code |Occupations And Professions| US Code - US Statute

As used in this chapter, the following words and terms mean:

(1) "Accredited dental hygiene school", any program which teaches a
course in dental hygiene which is accredited by the Commission on Dental
Accreditation of the American Dental Association and which shall have a
minimum of two academic years of curriculum provided in a college or
institution of higher education;

(2) "Accredited dental school", any college, university, school, or other
institution which teaches dentistry which has been certified by the
American Dental Association;

(3) "Board", the Missouri dental board;

(4) "Certified dental assistant", a dental assistant who is currently
certified by the Dental Assisting National Board, Inc.;

(5) "Dental assistant", an employee of a duly registered and currently
licensed dentist in Missouri, other than either a dental hygienist or a
certified dental assistant;

(6) "Expanded-functions dental assistant", any dental assistant who has
passed a basic dental assisting skills mastery examination or a certified
dental assistant, either of whom has successfully completed a
board-approved expanded-functions course, passed a competency
examination, and can show proof of competency in a specific expanded
function to the Missouri dental board. (L. 1969 S.B. 97, A.L. 1993 H.B.
540, A.L. 1995 S.B. 35)

Effective 6-13-95

1. "The Missouri Dental Board" shall consist of seven members
including five registered and currently licensed dentists, one registered
and currently licensed dental hygienist with voting authority as limited
in subsection 4 of this section, and one voting public member. Any
currently valid certificate of registration or currently valid
specialist's certificate issued by the Missouri dental board as
constituted pursuant to prior law shall be a valid certificate of
registration or a valid specialist's certificate, as the case may be,
upon October 13, 1969, and such certificates shall be valid so long as
the holders thereof comply with the provisions of this chapter.

2. Any person other than the public member appointed to the board as
hereinafter provided shall be a dentist or a dental hygienist who is
registered and currently licensed in Missouri, is a United States
citizen, has been a resident of this state for one year immediately
preceding his or her appointment, has practiced dentistry or dental
hygiene for at least five consecutive years immediately preceding his or
her appointment, shall have graduated from an accredited dental school or
dental hygiene school, and at the time of his or her appointment or
during his or her tenure on the board has or shall have no connection
with or interest in, directly or indirectly, any dental college, dental
hygiene school, university, school, department, or other institution of
learning wherein dentistry or dental hygiene is taught, or with any
dental laboratory or other business enterprise directly related to the
practice of dentistry or dental hygiene.

3. The governor shall appoint members to the board by and with the advice
and consent of the senate when a vacancy thereon occurs either by the
expiration of a term or otherwise; provided, however, that any board
member shall serve until his or her successor is appointed and has
qualified. Each appointee, except where appointed to fill an unexpired
term, shall be appointed for a term of five years. The president of the
Missouri Dental Association in office at the time shall, at least ninety
days prior to the expiration of the term of a board member other than the
dental hygienist or public member, or as soon as feasible after a vacancy
on the board otherwise occurs, submit to the director of the division of
professional registration a list of five dentists qualified and willing
to fill the vacancy in question, with the request and recommendation that
the governor appoint one of the five persons so listed, and with the list
so submitted, the president of the Missouri Dental Association shall
include in his or her letter of transmittal a description of the method
by which the names were chosen by that association.

4. The public member shall be at the time of his or her appointment a
citizen of the United States; a resident of this state for a period of
one year and a registered voter; a person who is not and never was a
member of any profession licensed or regulated pursuant to this chapter
or the spouse of such person; and a person who does not have and never
has had a material, financial interest in either the providing of the
professional services regulated by this chapter, or an activity or
organization directly related to any profession licensed or regulated
pursuant to this chapter. All members, including public members, shall be
chosen from lists submitted by the director of the division of
professional registration. Lists of dental hygienists submitted to the
governor may include names submitted to the director of the division of
professional registration by the president of the Missouri Dental
Hygienists' Association. The duties of the dental hygienist member shall
not include participation in the determination for or the issuance of a
certificate of registration or a license to practice as a dentist. The
duties of the public member shall not include the determination of the
technical requirements to be met for licensure or whether any person
meets such technical requirements or of the technical competence or
technical judgment of a licensee or a candidate for licensure.

5. The board shall have a seal which shall be in circular form and which
shall impress the word "SEAL" in the center and around said word the
words "Missouri Dental Board". The seal shall be affixed to such
instruments as hereinafter provided and to any other instruments as the
board shall direct.

6. The board may sue and be sued as the Missouri dental board, and its
members need not be named as parties. Members of the board shall not be
personally liable, either jointly or severally, for any act or acts
committed in the performance of their official duties as board members;
nor shall any board member be personally liable for any court costs which
accrue in any action by or against the board. (L. 1969 S.B. 97, A.L. 1981
S.B. 16, A.L. 1983 S.B. 313, A.L. 1988 H.B. 1573, A.L. 1993 S.B. 27, A.L.
1999 H.B. 343)

CROSS REFERENCE: Public member, additional duties, RSMo 620.132

1. The board shall administer and enforce the provisions of this
chapter, prescribe the duties of its officers and employees, and adopt,
publish, and enforce such rules and regulations within the scope and
purview of the provisions of this chapter as may be considered by the
board to be necessary or proper for the effective administration and
interpretation of the provisions of this chapter, and for the conduct of
its business and management of its internal affairs.

2. The board shall adopt, publish, and enforce rules and regulations
which regulate and define the acts and areas of practice which may be
performed by dental hygienists, dental assistants, certified dental
assistants and expanded functions dental assistants. Such rules shall
establish the degree of supervision which must be provided by a currently
licensed dentist and such educational and proof of competency
requirements as must be met for any procedure performed by a dental
hygienist, dental assistant, certified dental assistant or expanded
functions dental assistant. The dentist shall be responsible for all
patient care regardless of whether the care is rendered personally by the
dentist or by a dental hygienist, dental assistant, certified dental
assistant or expanded functions dental assistant.

3. The board shall set the amount of the fees which this chapter
authorizes and requires by rules and regulations promulgated pursuant to
section 536.021, RSMo. The fees shall be set at a level to produce
revenue which shall not substantially exceed the cost and expense of
administering this chapter.

4. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1969 S.B. 97, A.L. 1981 S.B.
16, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3 merged with S.B. 35)

Effective 8-28-95 (S.B. 3) 6-13-95 (S.B. 35)

1. Upon unanimous consent of the members of the board, the
president or secretary of the board shall administer oaths, subpoena
witnesses, issue subpoenas duces tecum, and require production of
documents and records pertaining to the practice of dentistry. Subpoenas,
including subpoenas duces tecum, shall be served by a person authorized
to serve subpoenas of courts of record. In lieu of requiring attendance
of a person to produce original documents in response to a subpoena duces
tecum, the board may require sworn copies of such documents to be filed
with it or delivered to its designated representative.

2. The board may enforce its subpoenas, including subpoena duces tecum,
by applying to a circuit court of Cole County, the county of the
investigation, hearing, or proceeding, or any county where the person
resides or may be found, for an order upon any person who shall fail to
obey a subpoena to show cause why such subpoena should not be enforced,
which such order and a copy of the application therefor shall be served
upon the person in the same manner as a summons in a civil action, and if
the circuit court shall, after a hearing, determine that the subpoena
should be sustained and enforced, such court shall proceed to enforce the
subpoena in the same manner as though the subpoena had been issued in a
civil case in the circuit court. (L. 2004 S.B. 1122)

1. The board shall meet at least twice a year at such times and
places in the state of Missouri as may be fixed by the board. The board
shall elect from its membership a president, a vice president, and a
secretary-treasurer, each of whom shall be elected at the times and serve
for the terms as are determined by the board, and each of whose duties
shall be prescribed by the board.

2. The board shall keep records of its official acts, and certified
copies of any such records attested by a designee of the board with the
board's seal affixed shall be received as evidence in all courts to the
same extent as the board's original records would be received.

3. Each member of the board shall receive as compensation an amount set
by the board not to exceed fifty dollars for each day devoted to the
affairs of the board, and shall be entitled to reimbursement of his
expenses necessarily incurred in the discharge of his official duties.
The board may employ and pay legal counsel and such board personnel, as
defined in subdivision (4) of subsection 16 of section 620.010, RSMo, as
it deems necessary within appropriations therefor. (L. 1969 S.B. 97, A.L.
1981 S.B. 16)

1. The board shall establish and maintain an office at Jefferson
City, Missouri, where its records and files shall be kept.

2. Investigators employed by the board shall, among other duties, have
the power in the name of the board to investigate alleged violations of
this chapter including the right to inspect, on order of the board, any
person licensed to practice dentistry or entity providing dental services
in this state, including all facilities and equipment related to the
delivery of dental care or the fabrication or adjustment of dental
prostheses and all clinical and administrative records related to the
dental care of patients with respect to violations of the provisions of
this chapter. (L. 1969 S.B. 97, A.L. 1981 S.B. 16, A.L. 2004 S.B. 1122)

All funds received pursuant to the provisions of this chapter
shall be transmitted by the director of the division of professional
registration to the department of revenue for deposit in the state
treasury to the credit of the "Dental Board Fund" which is hereby
established. All expenditures authorized by this chapter shall be paid
from funds appropriated from the dental board fund by the legislature.
The provisions of section 33.080, RSMo, to the contrary notwithstanding,
money in this fund shall not be transferred and placed to the credit of
general revenue until the amount in the fund at the end of the biennium
is two times the amount of the appropriation from the board's funds for
the preceding fiscal year or, if the board requires by rule permit
renewal less frequently than yearly, then three times the appropriation
from the board's funds for the preceding fiscal year. The amount, if any,
in the fund which shall lapse is that amount in the fund which exceeds
the appropriate multiple of the appropriations from the board's funds for
the preceding fiscal year. (L. 1969 S.B. 97, A.L. 1981 S.B. 16, A.L. 1985
S.B. 99)

1. Any person or entity not licensed to practice dentistry in
Missouri shall not engage in the practice of dentistry, as defined in
section 332.171, across state lines except as provided in this section.

2. For purposes of this chapter, the "practice of dentistry across state
lines" means:

(1) The rendering of any written or otherwise documented dental opinion
concerning the diagnosis or treatment of a patient within this state by a
dentist located outside this state as a result of transmission of
individual patient data by electronic, telephonic, or other means from
within this state or any other state to such dentist or dentist's agent;
or

(2) The rendering of treatment to a patient within this state by a
dentist located outside this state as a result of transmission of
individual patient data by electronic, telephonic, or other means from
within this state or any other state to such dentist or dentist's agent.

3. A dentist located outside this state shall not be required to obtain a
license in this state when:

(1) A consultation is requested by a licensed dentist in this state who
retains ultimate authority and responsibility for the diagnosis or
treatment of a patient located within this state; and

(2) The consultation request is not due to a contractual agreement to
authorize or request consultations from a person or entity not licensed
to practice dentistry in Missouri; or

(3) Evaluating a patient or rendering an oral, written, or otherwise
documented dental opinion when providing testimony or records for the
purpose of any civil or criminal action before any judicial or
administrative proceeding of this state or other forum in this state. (L.
2004 H.B. 970)

A person or other entity "practices dentistry" within the
meaning of this chapter who:

(1) Undertakes to do or perform dental work or dental services or dental
operations or oral surgery, by any means or methods, including the use of
lasers, gratuitously or for a salary or fee or other reward, paid
directly or indirectly to the person or to any other person or entity;

(2) Diagnoses or professes to diagnose, prescribes for or professes to
prescribe for, treats or professes to treat, any disease, pain,
deformity, deficiency, injury or physical condition of human teeth or
adjacent structures or treats or professes to treat any disease or
disorder or lesions of the oral regions;

(3) Attempts to or does replace or restore a part or portion of a human
tooth;

(4) Attempts to or does extract human teeth or attempts to or does
correct malformations of human teeth or jaws;

(5) Attempts to or does adjust an appliance or appliances for use in or
used in connection with malposed teeth in the human mouth;

(6) Interprets or professes to interpret or read dental radiographs;

(7) Administers an anesthetic in connection with dental services or
dental operations or dental surgery;

(8) Undertakes to or does remove hard and soft deposits from or polishes
natural and restored surfaces of teeth;

(9) Uses or permits to be used for the person's benefit or for the
benefit of any other person or other entity the following titles or words
in connection with the person's name: "Doctor", "Dentist", "Dr.",
"D.D.S.", or "D.M.D.", or any other letters, titles, degrees or
descriptive matter which directly or indirectly indicate or imply that
the person is willing or able to perform any type of dental service for
any person or persons, or uses or permits the use of for the person's
benefit or for the benefit of any other person or other entity any card,
directory, poster, sign or any other means by which the person indicates
or implies or represents that the person is willing or able to perform
any type of dental services or operation for any person;

(10) Directly or indirectly owns, leases, operates, maintains, manages or
conducts an office or establishment of any kind in which dental services
or dental operations of any kind are performed for any purpose; but this
section shall not be construed to prevent owners or lessees of real
estate from lawfully leasing premises to those who are qualified to
practice dentistry within the meaning of this chapter;

(11) Controls, influences, attempts to control or influence, or otherwise
interferes with the dentist's independent professional judgment regarding
the diagnosis or treatment of a dental disease, disorder, or physical
condition except that any opinion rendered by any health care
professional licensed under this chapter or chapter 330, 331, 334, 335,
336, 337, or 338, RSMo, regarding the diagnosis, treatment, disorder, or
physical condition of any patient shall not be construed to control,
influence, attempt to control or influence or otherwise interfere with a
dentist's independent professional judgment;

(12) Constructs, supplies, reproduces or repairs any prosthetic denture,
bridge, artificial restoration, appliance or other structure to be used
or worn as a substitute for natural teeth, except when one, not a
registered and licensed dentist, does so pursuant to a written uniform
laboratory work order, in the form to be prescribed by the board and
copies of which shall be retained by the nondentist for two years, of a
dentist registered and currently licensed in Missouri and which the
substitute in this subdivision described is constructed upon or by use of
casts or models made from an impression furnished by a dentist registered
and currently licensed in Missouri;

(13) Attempts to or does place any substitute described in subdivision
(12) of this section in a human mouth or attempts to or professes to
adjust any substitute or delivers any substitute to any person other than
the dentist upon whose order the work in producing the substitute was
performed;

(14) Advertises, solicits, or offers to or does sell or deliver any
substitute described in subdivision (12) of this section or offers to or
does sell the person's services in constructing, reproducing, supplying
or repairing the substitute to any person other than a registered and
licensed dentist in Missouri;

(15) Undertakes to do or perform any physical evaluation of a patient in
the person's office or in a hospital, clinic, or other medical or dental
facility prior to or incident to the performance of any dental services,
dental operations, or dental surgery;

(16) Reviews examination findings, x-rays, or other patient data to make
judgments or decisions about the dental care rendered to a patient in
this state. (L. 1969 S.B. 97, A.L. 1976 S.B. 572, A.L. 1995 S.B. 35, A.L.
2003 S.B. 506, A.L. 2004 S.B. 1122)

Notwithstanding any other provision of law to the contrary, any
qualified dentist who is legally authorized to practice pursuant to the
laws of another state may practice as a dentist in this state without
examination by the board or payment of any fee and any qualified dental
hygienist who is a graduate of an accredited dental hygiene school and
legally authorized to practice pursuant to the laws of another state may
practice as a dental hygienist in this state without examination by the
board or payment of any fee, if such dental or dental hygiene practice
consists solely of the provision of gratuitous dental or dental hygiene
services provided for a period of not more than fourteen days in any one
calendar year. Dentists and dental hygienists who are currently licensed
in other states and have been refused licensure by the state of Missouri
or previously been licensed by the state, but are no longer licensed due
to suspension or revocation shall not be allowed to provide gratuitous
dental services within the state of Missouri. Any dental hygiene services
provided pursuant to this section shall be performed under the
supervision of a dentist providing dental services pursuant to this
section or a dentist licensed to practice dentistry in Missouri. (L. 1995
S.B. 452, A.L. 1996 H.B. 1566, A.L. 2001 H.B. 567 merged with H.B. 607
merged with S.B. 393)

Effective 6-13-01 (H.B. 607) 7-10-01 (H.B. 567) 7-10-01 (S.B. 393)

The surviving spouse or personal representative of a deceased
dentist or the spouse or person legally authorized to act for an
incapacitated licensed dentist, for a period of twenty-four months
following the death or incapacitation of such dentist, may perform the
acts set forth in subdivision (10) of section 332.071, provided that he
or she shall employ or contract with persons licensed in Missouri to
practice dentistry or dental hygiene as defined in this chapter. (L. 1999
H.B. 409)

1. No person or other entity shall practice dentistry in
Missouri or provide dental services as defined in section 332.071 unless
and until the board has issued to the person a certificate certifying
that the person has been duly registered as a dentist in Missouri or to
an entity that has been duly registered to provide dental services by
licensed dentists and dental hygienists and unless and until the board
has issued to the person a license, to be renewed each period, as
provided in this chapter, to practice dentistry or as a dental hygienist,
or has issued to the person or entity a permit, to be renewed each
period, to provide dental services in Missouri. Nothing in this chapter
shall be so construed as to make it unlawful for:

(1) A legally qualified physician or surgeon, who does not practice
dentistry as a specialty, from extracting teeth;

(2) A dentist licensed in a state other than Missouri from making a
clinical demonstration before a meeting of dentists in Missouri;

(3) Dental students in any accredited dental school to practice dentistry
under the personal direction of instructors;

(4) Dental hygiene students in any accredited dental hygiene school to
practice dental hygiene under the personal direction of instructors;

(5) A duly registered and licensed dental hygienist in Missouri to
practice dental hygiene as defined in section 332.091;

(6) A dental assistant, certified dental assistant, or expanded functions
dental assistant to be delegated duties as defined in section 332.093;

(7) A duly registered dentist or dental hygienist to teach in an
accredited dental or dental hygiene school;

(8) A duly qualified anesthesiologist or nurse anesthetist to administer
an anesthetic in connection with dental services or dental surgery; or

(9) A person to practice dentistry in or for:

(a) The United States armed forces;

(b) The United States Public Health Service;

(c) Migrant, community, or health care for the homeless health centers
provided in Section 330 of the Public Health Service Act (42 U.S.C.
254(b));

(d) Federally qualified health centers as defined in Section 1905(l) (42
U.S.C. 1396d(l)) of the Social Security Act;

(e) Governmental entities, including county health departments; or

(f) The United States Veterans Bureau; or*

(10) A dentist licensed in a state other than Missouri to evaluate a
patient or render an oral, written, or otherwise documented dental
opinion when providing testimony or records for the purpose of a civil or
criminal action before any judicial or administrative proceeding of this
state or other forum in this state.

2. No corporation shall practice dentistry as defined in section 332.071
unless that corporation is organized under the provisions of chapter 355
or 356, RSMo, provided that a corporation organized under the provisions
of chapter 355, RSMo, and qualifying as an organization under 26 U.S.C.
Section 501(c)(3) may only employ dentists and dental hygienists licensed
in this state to render dental services to Medicaid recipients,
low-income individuals who have available income below two hundred
percent of the federal poverty level, and all participants in the SCHIP
program, unless such limitation is contrary to or inconsistent with
federal or state law or regulation. This subsection shall not apply to:

(1) A hospital licensed under chapter 197, RSMo, that provides care and
treatment only to children under the age of eighteen at which a person
regulated under this chapter provides dental care within the scope of his
or her license or registration;

(2) A federally qualified health center as defined in Section 1905(l) of
the Social Security Act (42 U.S.C. 1396(d)(l)), or a migrant, community,
or health care for the homeless health center provided for in Section 330
of the Public Health Services Act (42 U.S.C. 254(b)) at which a person
regulated under this chapter provides dental care within the scope of his
or her license or registration;

(3) A city or county health department organized under chapter 192, RSMo,
or chapter 205, RSMo, at which a person regulated under this chapter
provides dental care within the scope of his or her license or
registration;

(4) A social welfare board organized under section 205.770, RSMo, a city
health department operating under a city charter, or a city-county health
department at which a person regulated under this chapter provides dental
care within the scope of his or her license or registration;

(5) Any entity that has received a permit from the dental board and does
not receive compensation from the patient or from any third party on the
patient's behalf at which a person regulated under this chapter provides
dental care within the scope of his or her license or registration;

(6) Any hospital nonprofit corporation exempt from taxation under Section
501(c)(3) of the Internal Revenue Code, as amended, that engages in its
operations and provides dental services at facilities owned by a city,
county, or other political subdivision of the state at which a person
regulated under this chapter provides dental care within the scope of his
or her license or registration.

If any of the entities exempted from the requirements of this subsection
are unable to provide services to a patient due to the lack of a
qualified provider and a referral to another entity is made, the
exemption shall extend to the person or entity that subsequently provides
services to the patient.

3. No unincorporated organization shall practice dentistry as defined in
section 332.071 unless such organization is exempt from federal taxation
under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended,
and provides dental treatment without compensation from the patient or
any third party on their behalf as a part of a broader program of social
services including food distribution. Nothing in this chapter shall
prohibit organizations under this subsection from employing any person
regulated by this chapter.

4. A dentist shall not enter into a contract that allows a person who is
not a dentist to influence or interfere with the exercise of the
dentist's independent professional judgment.

5. A not-for-profit corporation organized under the provisions of chapter
355, RSMo, and qualifying as an organization under 26 U.S.C. Section
501(c)(3), an unincorporated organization operating pursuant to
subsection 3 of this section, or any other person should not direct or
interfere or attempt to direct or interfere with a licensed dentist's
professional judgment and competent practice of dentistry. Nothing in
this subsection shall be so construed as to make it unlawful for
not-for-profit organizations to enforce employment contracts, corporate
policy and procedure manuals, or quality improvement or assurance
requirements.

6. All entities defined in subsection 2 of this section and those
exempted under subsection 3 of this section shall apply for a permit to
employ dentists and dental hygienists licensed in this state to render
dental services, and the entity shall apply for the permit in writing on
forms provided by the Missouri dental board. The board shall not charge a
fee of any kind for the issuance or renewal of such permit. The
provisions of this subsection shall not apply to a federally qualified
health center as defined in Section 1905(l) of the Social Security Act
(42 U.S.C. 1396d(l)).

7. Any entity that obtains a permit to render dental services in this
state is subject to discipline pursuant to section 332.321. If the board
concludes that the person or entity has committed an act or is engaging
in a course of conduct that would be grounds for disciplinary action, the
board may file a complaint before the administrative hearing commission.
The board may refuse to issue or renew the permit of any entity for one
or any combination of causes stated in subsection 2 of section 332.321.
The board shall notify the applicant in writing of the reasons for the
refusal and shall advise the applicant of his or her right to file a
complaint with the administrative hearing commission as provided by
chapter 621, RSMo.

8. A federally qualified health center as defined in Section 1905(l) of
the Social Security Act (42 U.S.C. 1396d(l)) shall register with the
board. The information provided to the board as part of the registration
shall include the name of the health center, the nonprofit status of the
health center, sites where dental services will be provided, and the
names of all persons employed by, or contracting with, the health center
who are required to hold a license pursuant to this chapter. The
registration shall be renewed every twenty-four months. The board shall
not charge a fee of any kind for the issuance or renewal of the
registration. The registration of the health center shall not be subject
to discipline pursuant to section 332.321. Nothing in this subsection
shall prohibit disciplinary action against a licensee of this chapter who
is employed by, or contracts with, such health center for the actions of
the licensee in connection with such employment or contract. All licensed
persons employed by, or contracting with, the health center shall certify
in writing to the board at the time of issuance and renewal of the
registration that the facility of the health center meets the same
operating standards regarding cleanliness, sanitation, and
professionalism as would the facility of a dentist licensed by this
chapter. The board shall promulgate rules regarding such standards.

9. The board may promulgate rules and regulations to ensure not-for-
profit corporations are rendering care to the patient populations as set
forth herein, including requirements for covered not-for-profit
corporations to report patient census data to the board. The provisions
of this subsection shall not apply to a federally qualified health center
as defined in Section 1905(l) of the Social Security Act (42 U.S.C.
1396d(l)).

10. All not-for-profit corporations organized or operated pursuant to the
provisions of chapter 355, RSMo, and qualifying as an organization under
26 U.S.C. Section 501(c)(3), or the requirements relating to migrant,
community, or health care for the homeless health centers provided in
Section 330 of the Public Health Service Act (42 U.S.C. 254(b)) and
federally qualified health centers as defined in Section 1905(l) (42
U.S.C. 1396d(l)) of the Social Security Act, that employ persons who
practice dentistry or dental hygiene in this state shall do so in
accordance with the relevant laws of this state except to the extent that
such laws are contrary to, or inconsistent with, federal statute or
regulation. (L. 1969 S.B. 97, A.L. 1981 S.B. 16, A.L. 1995 S.B. 35, A.L.
2004 S.B. 1122)

*Word "or" does not appear in original rolls.

1. There is hereby established a five-member "Advisory
Commission for Dental Hygienists", composed of dental hygienists
appointed by the governor as provided in subsection 2 of this section and
the dental hygienist member of the Missouri dental board, which shall
guide, advise and make recommendations to the Missouri dental board. The
commission shall:

(1) Recommend the educational requirements to be registered as a dental
hygienist;

(2) Annually review the practice act of dental hygiene;

(3) Make recommendations to the Missouri dental board regarding the
practice, licensure, examination and discipline of dental hygienists; and

(4) Assist the board in any other way necessary to carry out the
provisions of this chapter as they relate to dental hygienists.

2. The members of the commission shall be appointed by the governor with
the advice and consent of the senate. Each member of the commission shall
be a citizen of the United States and a resident of Missouri for one year
and shall be a dental hygienist registered and currently licensed
pursuant to this chapter. Members of the commission who are not also
members of the Missouri dental board shall be appointed for terms of five
years, except for the members first appointed, one of which shall be
appointed for a term of two years, one shall be appointed for a term of
three years, one shall be appointed for a term of four years and one
shall be appointed for a term of five years. The dental hygienist member
of the Missouri dental board shall become a member of the commission and
shall serve a term concurrent with the member's term on the dental board.
All members of the initial commission shall be appointed by April 1,
2002. Members shall be chosen from lists submitted by the director of the
division of professional registration. Lists of dental hygienists
submitted to the governor may include names submitted to the director of
the division of professional registration by the president of the
Missouri Dental Hygienists Association.

3. The commission shall hold an annual meeting at which it shall elect
from its membership a chairperson and a secretary. The commission shall
meet in conjunction with the dental board meetings or no more than
fourteen days prior to regularly scheduled dental board meetings.
Additional meetings shall require a majority vote of the commission. A
quorum of the commission shall consist of a majority of its members.

4. Members of the commission shall receive as compensation an amount set
by the Missouri dental board not to exceed fifty dollars for each day
devoted to the duties of the commission and shall be reimbursed for all
actual and necessary expenses incurred in the performance of their
official duties on the commission and in attending meetings of the
Missouri dental board. The Missouri dental board shall provide all
necessary staff and support services as required by the commission to
hold commission meetings, to maintain records of official acts, and to
conduct all other business of the commission. (L. 2001 H.B. 567 merged
with S.B. 393, A.L. 2004 S.B. 1122)

Any person "practices as a dental hygienist" within the meaning
of this chapter who, under the supervision of a currently registered and
licensed dentist, undertakes to or does remove hard and soft deposits
from teeth, polishes natural and restored surfaces of teeth, polishes
restorations of teeth, performs clinical examinations of teeth and
surrounding tissues for diagnosis by a currently licensed and registered
dentist, and who performs such other procedures as may be delegated by
the supervising dentist under the degree of supervision set by and in
accordance with rules and regulations promulgated by the board. (L. 1969
S.B. 97, A.L. 1995 S.B. 35)

Effective 6-13-95

Any person "practices as a dental assistant" within the meaning
of this chapter who provides patient services in cooperation with and
under the direct supervision of a currently registered and licensed
dentist in Missouri. A currently registered and licensed dentist may
delegate to a dental assistant, certified dental assistant or expanded
functions dental assistant, under their direct supervision, such
reversible acts that would be considered the practice of dentistry as
defined in section 332.071 provided such delegation is done pursuant to
the terms and conditions of a rule adopted by the Missouri dental board
pursuant to section 332.031; except that, no such rule may allow
delegation of acts that conflict with the practice of dental hygiene as
defined in section 332.091, with the exception that polishing of teeth
may be delegated to a dental assistant, certified dental assistant or
expanded-functions dental assistant. (L. 1995 S.B. 35)

Effective 6-13-95

No person shall practice as a dental hygienist in Missouri as
defined in section 332.091 except under his own name and unless and until
the board has issued to him a certificate certifying that he has been
duly registered as a dental hygienist in Missouri and unless and until
the board has issued to him a license, to be renewed each period as
hereinafter provided, to practice as a dental hygienist in Missouri; but
nothing in this section or chapter shall be so construed as to make it
unlawful for a duly registered and currently licensed dentist in Missouri
to practice as a dental hygienist in Missouri, or to make it unlawful for
a qualified dental hygienist legally licensed in a state other than
Missouri to give a demonstration or demonstrations before a meeting of
dentists or dental hygienists or both in Missouri, or to make it unlawful
for a legally qualified and licensed physician or surgeon to practice
such oral hygiene as is a recognized part of the practice of medicine or
surgery, or to make it unlawful for dental hygiene students in any
accredited dental hygiene school to practice as a dental hygienist under
the personal direction of instructors, or to make it unlawful for persons
to practice as dental hygienists in the United States armed services or
in the United States Public Health Service, or in or for the United
States Veterans Bureau, or to teach in an accredited dental hygiene
program, or to make it unlawful for dental assistants, certified dental
assistants or expanded-functions dental assistants to perform polishing
of teeth. (L. 1969 S.B. 97, A.L. 1979 S.B. 331, A.L. 1981 S.B. 16, A.L.
1995 S.B. 35)

Effective 6-13-95

Any person who practices dentistry as defined in section
332.071, or as a dental hygienist as defined in section 332.091, who is
not duly registered and currently licensed in Missouri as hereinafter
provided is guilty of a class A misdemeanor. (L. 1969 S.B. 97, A.L. 1981
S.B. 16, A.L. 2004 S.B. 1122)

1. Upon application by the board and the necessary burden having
been met, a court of general jurisdiction may grant an injunction,
restraining order, or other order as may be appropriate to enjoin a
person, corporation, firm, or other entity from:

(1) Offering to engage or engaging in the performance of any acts or
practices for which a certificate of registration or authority, permit or
license is required by this chapter upon a showing that such acts or
practices were performed or offered to be performed without a certificate
of registration or authority, permit or license; or

(2) Engaging in any practice or business authorized by a certificate of
registration or authority, permit or license issued pursuant to this
chapter upon a showing that the holder presents a substantial probability
of serious danger to the health, safety or welfare of any resident of
this state or client or patient of the licensee; or

(3) Directing, interfering with, or attempting to direct or interfere
with a licensed dentist's professional judgment or competent practice of
dentistry.

Nothing in this subsection shall be so construed as to make it unlawful
for not-for-profit organizations to enforce employment contracts,
corporate policy and procedure manuals, or quality improvement or
assurance requirements.

2. Any such action shall be commenced either in the county in which the
defendant resides or in the county in which such conduct occurred.

3. Any action brought under this section shall be in addition to and not
in lieu of any penalty provided by this chapter and may be brought
concurrently with other actions to enforce this chapter. (L. 1969 S.B.
97, A.L. 1981 S.B. 16, A.L. 1983 S.B. 302, A.L. 2004 S.B. 1122)

1. The determination of whether a service provided to a patient
is covered or reimbursable under the terms of a health benefit or dental
benefit plan and the creation and management of a health care provider
network are:

(1) Deemed not to be the practice of dentistry or other profession
governed by this chapter; and

(2) Not in any way subject to the provisions of this chapter.

2. Claims, records, and documents pertaining to the operations of a
health carrier, health benefit plan, dental benefit plan, or health care
provider network are not clinical and administrative records under
section 332.051.

3. Nothing in subsection 1 or 2 of this section shall be construed as
affecting the obligations of a health carrier, under chapters 354 and
376, RSMo, as health carrier is defined in section 376.1350, RSMo. (L.
2004 S.B. 1122)

Any person who is at least twenty-one years of age, of good
moral character and reputation, and who is a graduate of and has a degree
in dentistry from an accredited dental school may apply to the board for
examination and registration as a dentist in Missouri. (L. 1969 S.B. 97,
A.L. 1981 S.B. 16)

Applications for dental examination and registration shall be in
writing and on forms furnished to the applicant and shall contain the
applicant's statements showing the applicant's education and such other
pertinent information as the board may require. Each application shall
contain a statement that it is made under oath or affirmation and that
its representations are true and correct to the best knowledge and belief
of the person signing same, subject to the penalties of making a false
affidavit or declaration, and shall be accompanied by a dentist
examination fee. (L. 1969 S.B. 97, A.L. 1981 S.B. 16)

1. Each applicant for dental examination and registration, after
the board has determined that he is a person of good moral character and
reputation, shall appear before the board at the time and place in or out
of the state of Missouri specified by the board in a written notice to
each applicant. The fee accompanying the application as provided in
section 332.141 shall not be refunded to any applicant who fails to
appear at the time and place so specified, but the board for good cause
shown, as defined by rule, may permit any applicant to take the
examination or examinations at a later time without paying an additional
fee.

2. The board shall determine and specify by rule whether the dental
examinations shall be written or oral or clinical or all three, but in
any event they shall be in such form and of such content and character as
to thoroughly test the qualifications of the applicant to practice
dentistry in Missouri. Completion of the national board theoretical
examination with scores acceptable to the board, as promulgated by rule,
* is a prerequisite to taking the dental examinations.

3. Any applicant who passes the dental examination or examinations with
the average grade specified by a rule promulgated by the board shall be
entitled to registration as a dentist in Missouri and shall receive a
certificate of registration; but even though an applicant may have made
passing grades on his examinations, he shall not be entitled to a
certificate of registration as a dentist if the board finds that at any
time prior to the issuance of the certificate he has cheated or attempted
to cheat on his examination or examinations or any of them or has made
false or misleading statements in any application filed for the
examination with intent to deceive the board, or that he is not a person
of good moral character.

4. The board shall determine and specify by rule the number of times an
applicant may fail all or a portion of the dental examinations without
completing additional education in an accredited dental school, and shall
specify by rule the type and amount of additional education which shall
be required of an applicant, which type and amount may vary depending
upon the failed portions of the dental examinations. However, no
applicant shall be refused permission to take the dental examinations
twice without completing additional education, nor shall additional
education be required if the applicant only fails an examination over
Missouri laws. (L. 1969 S.B. 97, A.L. 1981 S.B. 16)

*Words "completion of which" appear here in original rolls, apparently
typographical error.

If an applicant for the dental examination or an applicant for
the dental hygienist examination fails to make the required average grade
as specified by the board, he may make an application to the board for
reexamination on a form to be furnished by the board on request and he
may take a new examination or examinations at such time and place as is
specified by the board, upon payment by an applicant of a reexamination
fee equivalent to the dentist examination fee or upon payment by an
applicant for examination as a dental hygienist of a reexamination fee
equivalent to the dental hygienist examination fee. The new examination
or examinations and subsequent registration, if any, shall be governed by
the provisions of sections 332.151 and 332.251, respectively. (L. 1969
S.B. 97, A.L. 1981 S.B. 16)

1. The board shall upon application issue a specialist's license
to any currently licensed dentist in Missouri who has been certified in
any specialty by an examining board recognized by the American Dental
Association. Any such application shall be accompanied by the required
fee.

2. Any currently licensed dentist in Missouri who has completed a dental
specialty program accredited by the Council on Dental Accreditation but
is not eligible for specialty licensure under subsection 1 of this
section may apply to the board for specialty licensure in one of the
specialty areas recognized by the American Dental Association. Each such
application shall be accompanied by the required fee. The board shall
establish by rule the minimum requirements for specialty licensure under
this subsection. The board shall issue a specialty license to an
applicant under this subsection if the applicant meets the requirements
of this subsection.

3. The board shall grant a license in one of the specialty areas
recognized by the American Dental Association to a dentist who has been
certified or licensed and is practicing in another state, province, or
territory if the applicant meets the following requirements and the
application is accompanied by the required fee:

(1) The applicant currently holds a Missouri license to practice
dentistry or obtains such license under sections 332.131 and 332.181, or
under section 332.211;

(2) The applicant meets the educational requirements for specialty
licensure required of original applicants for specialty licensure in the
state of Missouri as required in subsections 1 and 2 of this section;

(3) The applicant meets such other minimum requirements for specialty
licensure under this subsection as may be required by the board.

4. The board may establish a committee for each American Dental
Association-recognized specialty applied for consisting of at least two
dentists appointed by the board who hold valid Missouri specialty
licenses in the recognized specialty and who are current diplomats of an
American specialty board recognized by the American Dental Association.
Each committee shall assist the board in evaluating an applicant for
specialty licensure in the recognized specialty for which that committee
was established and assume such other duties as established by rule of
the board.

5. Each member of a specialty committee appointed by the board as
provided in this section shall receive as compensation an amount set by
the board, not to exceed fifty dollars for each day spent in the
performance of his or her duties on the committee and each member shall
be reimbursed for all actual and necessary expenses incurred in the
performance of his or her duties.

6. All specialty licenses shall be subject to discipline for cause as set
forth in section 332.321, and each specialty license holder shall renew
his or her specialty license or licenses as provided for in section
332.181 and shall pay the renewal fee provided therefor.

7. The board shall issue to each applicant who has been recommended as
qualified by the specialty committee, as provided in subsection 4 of this
section, a license to practice dentistry in the specialty for which he or
she has been so recommended. (L. 1969 S.B. 97, A.L. 1981 S.B. 16, A.L.
1983 S.B. 302, A.L. 2004 H.B. 970)

(1968) Oral surgery is "specialty" within meaning of statute. This
statute does not require two years' practice in this state prior to
effective date of this section. There is no requirement that applicant be
in active practice in this state as of effective date of statute.
Missouri Dental Board v. Riney (A.), 429 S.W.2d 803.

1. No person shall engage in the practice of dentistry in
Missouri without having first secured a license as provided for in this
chapter.

2. Any person desiring a license to practice dentistry in Missouri shall
pay the required fee and make application to the board on a form
prescribed by the board pursuant to section 332.141. An application for
licensure shall be active for one year after the date it is received by
the board. The application becomes void if not completed within such
one-year period.

3. All persons once licensed to practice dentistry in Missouri shall
renew his or her license to practice dentistry in Missouri on or before
the license renewal date and shall display his or her license for each
current licensing period in the office in which he or she practices or
offers to practice dentistry.

4. Effective with the licensing period beginning on December 1, 2002, a
license shall be renewed every two years. To renew a license, each
dentist shall submit satisfactory evidence of completion of fifty hours
of continuing education during the two-year period immediately preceding
the renewal period. Each dentist shall maintain documentation of
completion of the required continuing education hours as provided by
rule. Failure to obtain the required continuing education hours, submit
satisfactory evidence, or maintain documentation is a violation of
section 332.321. As provided by rule, the board may waive and/or extend
the time requirements for completion of continuing education for reasons
related to health, military service, foreign residency or for other good
cause. All requests for waivers and/or extensions of time shall be made
in writing and submitted to the board before the renewal date.

5. Any licensed dentist who fails to renew his or her license on or
before the renewal date may apply to the board for renewal of his or her
license within four years subsequent to the date of the license
expiration. To renew an expired license, the person shall submit an
application for renewal, pay the renewal fee and renewal penalty fee as
set by rule, and submit satisfactory evidence of completion of at least
fifty hours of continuing education for each renewal period that his or
her license was expired as provided by rule. The required hours must be
obtained within four years prior to renewal. The license of any dentist
who fails to renew within four years of the time his or her license has
expired shall be void. The dentist may apply for a new license; provided
that, unless application is made under section 332.321, the dentist shall
pay the same fees and be examined in the same manner as an original
applicant for licensure as a dentist. (L. 1969 S.B. 97, A.L. 1981 S.B.
16, A.L. 1983 S.B. 302, A.L. 1993 S.B. 27, A.L. 2001 S.B. 393, A.L. 2004
H.B. 970)

Licenses issued to dentists shall contain a serial number, the
name of the licensee, the date of issue, and the date of expiration. (L.
1969 S.B. 97, A.L. 1981 S.B. 16)

The board may not issue any temporary certificates of
registration or licenses to practice dentistry in Missouri; except, upon
the request and recommendation of the department of health and senior
services, the department of mental health, or the department of
corrections and human resources, the board shall issue a letter
authorizing an uncertificated and unlicensed graduate of an accredited
dental school to practice dentistry if the board determines that the
recommended person is qualified to take the dental examination and if
this person is employed by an institution operated by one of the
aforenamed agencies the letter shall be effective for such period of time
as may be authorized by the board, but any such authorization issued by
the board shall in no event extend beyond the date that the results of
the board's dental examination or examinations next following the date of
the authorization are announced. (L. 1969 S.B. 97, A.L. 1981 S.B. 16)

The board shall grant without examination a certificate of
registration and a license to a dentist who has been licensed in another
state for at least five consecutive years immediately preceding his
applying, if the board is satisfied by proof adduced by the applicant
that his qualifications are at least equivalent to the requirements for
initial registration as a dentist in Missouri under the provisions of
this chapter, that he is at least twenty-one years of age and is of good
moral character and reputation; provided that the board may by rule
require an applicant under this section to take any examination over
Missouri laws given to dentists initially seeking licensure under section
332.151 and to take a practical examination if his licensure in any state
was ever denied, revoked or suspended for incompetency or inability to
practice in a safe manner, or if he has failed any practical examination
given as a prerequisite to licensure as a dentist in any state. Any such
dentist applying to be so registered and licensed shall accompany his
application with a fee not greater than the dental examination and
license fees and if registered and licensed shall renew his license as
provided in section 332.181. (L. 1969 S.B. 97, A.L. 1981 S.B. 16)

Any registered and currently licensed dentist of good moral
character who has been practicing dentistry in Missouri immediately
preceding the date of his application may apply to the board for a
certificate to be signed and attested by a designee of the board and
bearing the board's seal, certifying that the holder is a person of good
moral character, that he was registered and licensed in Missouri as a
dentist on the ..... day of ....., 19..., and has been practicing
dentistry continuously in Missouri for ........ year(s) immediately
preceding the date of the certificate, and that he has represented to the
board that he intends to apply to practice dentistry in the state of
.......; but the required fee shall accompany each such application. (L.
1969 S.B. 97, A.L. 1981 S.B. 16)

Any person who is of good moral character and reputation and who
has satisfactorily completed a course in dental hygiene in an accredited
dental hygiene school may apply to the board for examination and
registration as a dental hygienist in Missouri. (L. 1969 S.B. 97, A.L.
1981 S.B. 16)

Applications for examination and registration as a dental
hygienist shall be in writing on forms furnished to the applicant which
shall contain applicant's statements showing his education and such other
pertinent information as the board may require. Each application shall
contain a statement that it is made under oath or affirmation and that
its representations are true and correct to the best knowledge and belief
of the person signing same, subject to the penalties of making a false
affidavit or declaration, and shall be accompanied by a dental hygienist
examination fee. (L. 1969 S.B. 97, A.L. 1981 S.B. 16)

1. Each applicant for examination as a dental hygienist shall,
after the board has determined that he is a person of good moral
character and reputation, appear before the board at the time and place
specified by the board in a written notice to each such applicant. The
fee accompanying the application as provided in section 332.241 shall not
be refunded to any applicant who fails to appear at the time and place so
specified, but the board for good cause shown, as defined by rule, may
permit any applicant to take the examination or examinations at a later
time without paying an additional fee.

2. The board shall determine and specify by rule whether dental hygienist
examinations shall be written or oral or clinical or all three, but in
any event the examination shall be of such form and of such content and
character as to thoroughly test the qualifications of the applicant to
practice as a dental hygienist in Missouri. Completion of the national
board theoretical examination with scores acceptable to the board, as
promulgated by rule, is a prerequisite to taking the dental hygienist
examinations.

3. Any applicant who passes the dental hygienist examination or
examinations with the average grade specified in a rule promulgated by
the board shall be entitled to registration as a dental hygienist in
Missouri, and shall receive a certificate of registration. Irrespective
of the fact that an applicant may have made passing grades on his
examinations, he shall not be entitled to a certificate of registration
as a dental hygienist if the board finds that at any time prior to the
issuance of the certificate the applicant has cheated on his examination
or examinations, or has made false or misleading statements in any
application filed for such examination with intent to deceive the board,
or that he is not a person of good moral character and reputation.

4. The board shall determine and specify by rule the number of times an
applicant may fail all or a portion of the dental hygiene examinations
without completing additional education in an accredited dental hygiene
school, and shall specify by rule the type and amount of additional
education which shall be required of an applicant, which type and amount
may vary depending upon the failed portions of the dental hygiene
examinations. However, no applicant shall be refused permission to take
the dental hygiene examinations twice without completing additional
education, nor shall additional education be required if the applicant
only fails an examination over Missouri laws. (L. 1969 S.B. 97, A.L. 1981
S.B. 16)

1. No person shall engage in the practice of dental hygiene
without having first secured a license as provided for in this chapter.

2. Any person desiring a license to practice dental hygiene in Missouri
shall pay the required fee and make application to the board on a form
prescribed by the board pursuant to section 332.241. An application for
licensure shall be active for one year after the date it is received by
the board. The application becomes void if not completed within such
one-year period.

3. All persons once licensed to practice as a dental hygienist in
Missouri shall renew his or her license to practice on or before the
renewal date and shall display his or her license for each current
licensing period in the office in which he or she practices or offers to
practice as a dental hygienist.

4. Effective with the licensing period beginning on December 1, 2002, a
license shall be renewed every two years. To renew a license, each dental
hygienist shall submit satisfactory evidence of completion of thirty
hours of continuing education during the two-year period immediately
preceding the renewal period. Each dental hygienist shall maintain
documentation of completion of the required continuing education hours as
provided by rule. Failure to obtain the required continuing education
hours, submit satisfactory evidence, or maintain documentation is a
violation of section 332.321 and may subject the licensee to discipline.
As provided by rule, the board may waive and/or extend the time
requirements for completion of the continuing education for reasons
related to health, military service, foreign residency or for other good
cause. All requests for waivers and/or extensions of time shall be made
in writing and submitted to the board before the renewal date.

5. Any licensed dental hygienist who fails to renew his or her license on
or before the renewal date may apply to the board for renewal of his or
her license within four years subsequent to the date of the license
expiration. To renew an expired license, the person shall submit an
application for renewal, pay the renewal fee and renewal penalty fee as
set by rule, and submit satisfactory evidence of completion of at least
thirty hours of continuing education for each renewal period that his or
her license was expired as provided by rule. The required hours must be
obtained within four years prior to renewal. The license of any dental
hygienist who fails to renew within four years of the time his or her
license has expired shall be void. The dental hygienist may reapply for a
license; provided that, unless application is made under section 332.281,
the dental hygienist shall pay the same fees and be examined in the same
manner as an original applicant for licensure as a dental hygienist. (L.
1969 S.B. 97, A.L. 1981 S.B. 16, A.L. 1983 S.B. 302, A.L. 1993 S.B. 27,
A.L. 2001 S.B. 393, A.L. 2004 H.B. 970)

Licenses issued to dental hygienists by the board shall contain
a serial number, the name of the licensee, the date of issue, and the
date of expiration. (L. 1969 S.B. 97, A.L. 1981 S.B. 16)

The board shall grant without examination a certificate of
registration and license to a dental hygienist who has been licensed in
another state for at least two consecutive years immediately preceding
his application to practice in Missouri if the board is satisfied by
proof adduced by the applicant that his qualifications are at least
equivalent to the requirements for initial registration as a dental
hygienist in Missouri under the provisions of this chapter and that he is
of good moral character and reputation; provided that the board may by
rule require an applicant under this section to take any examination over
Missouri laws given to dental hygienist initially seeking licensure under
section 332.251 and to take a practical examination if his licensure in
any state was ever denied, revoked or suspended for incompetency or
inability to practice in a safe manner, or if he has failed any practical
examination given as a prerequisite to licensure as a dental hygienist in
any state. Any such dental hygienist applying to be so registered and
licensed shall accompany his application with a fee not greater than the
dental hygienist examination and license fees and if registered and
licensed shall renew his license as provided in section 332.261. (L. 1969
S.B. 97, A.L. 1981 S.B. 16)

Any person registered and currently licensed as a dental
hygienist, who is of good moral character, who has been practicing as a
dental hygienist in Missouri immediately preceding the date of his
application under the continuous supervision of a registered and
currently licensed dentist in Missouri, may apply to the board for a
certificate to be signed and attested by a designee of the board and
bearing the board's seal, certifying that the holder is a person of good
moral character, that he was registered and licensed in Missouri as a
dental hygienist on the .... day of ...., 19...., and has been practicing
as a dental hygienist continuously under the supervision of a duly
registered and currently licensed dentist in Missouri for ....... year(s)
immediately preceding the date of the certificate, and that he has
represented to the board that he intends to apply to practice as a dental
hygienist in the state of ......; provided that the required fee shall
accompany each application. (L. 1969 S.B. 97, A.L. 1981 S.B. 16)

The board may not issue any temporary certificate of
registration or any temporary license to practice as a dental hygienist
in Missouri. (L. 1969 S.B. 97)

As used in sections 332.302 to 332.305, the following terms
shall mean:

(1) "Committee", the dental hygienist distance learning committee created
under section 332.303;

(2) "Department", the department of economic development;

(3) "Director", the director of the department of economic development.
(L. 2005 S.B. 177)

1. Subject to appropriations, there is hereby established the
"Dental Hygienist Distance Learning Committee". The committee shall
consist of six members and the director of the division of professional
registration. The director shall appoint the members of the committee,
three of whom shall be dentists licensed under this chapter, and three of
whom shall be dental hygienists holding certificates of registration
under this chapter.

2. Members of the committee shall not be compensated for their services,
but they shall be reimbursed for actual and necessary expenses incurred
in the performance of their duties. Each member shall serve until the
committee is dissolved under section 332.305. The department shall
provide staff to the committee and aid it in the performance of its
duties. (L. 2005 S.B. 177)

The specific duties of the committee shall include the following:

(1) Designing a training program for dental hygienists which allows
coursework to be completed off-site from the educational institution, and
clinical and didactic training to be delivered in the office of a dentist
licensed under this chapter, if such offsite dental office is a part of
an accredited dental hygiene program through the Commission on Dental
Accreditation of the American Dental Association as an extended campus
facility or any other facility approved by the council on dental
accreditation;

(2) Developing suggestions for the creation of a contract between the
department and an institution of higher education to establish the
training program designed under subdivision (1) of this section;

(3) Analyzing issues relating to the curriculum, funding, and
administration of the training program designed under subdivision (1) of
this section; and

(4) On or before November 1, 2005, delivering to both houses of the
general assembly and the governor a report on the training program
designed under subdivision (1) of this section and any suggestions
developed and analysis made under subdivisions (2) and (3) of this
section. (L. 2005 S.B. 177)

The committee shall dissolve upon delivery of the report
required under subdivision (4) of section 332.304. (L. 2005 S.B. 177)

1. As used in this section, "distance dental hygienist education
program" shall mean a training program for dental hygienists accredited
by the Commission on Dental Accreditation of the American Dental
Association that allows didactic and clinical course work to be completed
offsite of the educational institution, including a dental facility
regulated under this chapter, if such offsite location is a part of an
accredited dental hygiene program through the Commission on Dental
Accreditation of the American Dental Association as an extended campus
facility.

2. The department of economic development shall contract with an
institution of higher education, which meets the standards established by
the Commission on Dental Accreditation of the American Dental
Association, to establish a distance dental hygienist education program.
(L. 2005 S.B. 177 § 332.312)

1. Except as provided in subsection 2 of this section, a duly
registered and currently licensed dental hygienist may only practice as a
dental hygienist so long as the dental hygienist is employed by a dentist
who is duly registered and currently licensed in Missouri, or as an
employee of such other person or entity approved by the board in
accordance with rules promulgated by the board. In accordance with this
chapter and the rules promulgated by the board pursuant thereto, a dental
hygienist shall only practice under the supervision of a dentist who is
duly registered and currently licensed in Missouri, except as provided in
subsection 2 of this section.

2. A duly registered and currently licensed dental hygienist who has been
in practice at least three years and who is practicing in a public health
setting may provide fluoride treatments, teeth cleaning and sealants, if
appropriate, to children who are eligible for medical assistance,
pursuant to chapter 208, RSMo, without the supervision of a dentist.
Medicaid shall reimburse any eligible provider who provides fluoride
treatments, teeth cleaning, and sealants to eligible children. Those
public health settings in which a dental hygienist may practice without
the supervision of a dentist shall be established jointly by the
department of health and senior services and by the Missouri dental board
by rule. This provision shall expire on August 28, 2006. (L. 1969 S.B.
97, A.L. 1997 S.B. 141, A.L. 2001 H.B. 567 merged with S.B. 393)

Effective 7-10-01

1. If the board finds merit to a complaint by an individual
incarcerated or under the care and control of the department of
corrections and takes further investigative action, no documentation may
appear on file or disciplinary action may be taken in regards to the
licensee's license unless the provisions of subsection 2 of section
332.321 have been violated. Any case file documentation that does not
result in the board filing an action pursuant to subsection 2 of section
332.321 shall be destroyed within three months after the final case
disposition by the board. No notification to any other licensing board in
another state or any national registry regarding any investigative action
shall be made unless the provisions of subsection 2 of section 332.321
have been violated.

2. Upon written request of the dentist subject to a complaint, prior to
August 28, 1999, by an individual incarcerated or under the care and
control of the department of corrections that did not result in the board
filing an action pursuant to subsection 2 of section 332.321, the board
and the division of professional registration, shall in a timely fashion:

(1) Destroy all documentation regarding the complaint;

(2) Notify any other licensing board in another state or any national
registry regarding the board's actions if they have been previously
notified of the complaint; and

(3) Send a letter to the licensee that clearly states that the board
found the complaint to be unsubstantiated, that the board has taken the
requested action, and notify the licensee of the provisions of subsection
3 of this section.

3. Any person who has been the subject of an unsubstantiated complaint as
provided in subsection 1 or 2 of this section shall not be required to
disclose the existence of such complaint in subsequent applications or
representations relating to their dental practice. (L. 1999 H.B. 343)

1. The board may refuse to issue or renew a permit or license
required pursuant to this chapter for one or any combination of causes
stated in subsection 2 of this section or the board may, as a condition
to issuing or renewing any such permit or license, require a person to
submit himself or herself for identification, intervention, treatment or
rehabilitation by the well-being committee as provided in section
332.327. The board shall notify the applicant in writing of the reasons
for the refusal and shall advise the applicant of his or her right to
file a complaint with the administrative hearing commission as provided
by chapter 621, RSMo.

2. The board may cause a complaint to be filed with the administrative
hearing commission as provided by chapter 621, RSMo, against any holder
of any permit or license required by this chapter or any person who has
failed to renew or has surrendered his or her permit or license for any
one or any combination of the following causes:

(1) Use of any controlled substance, as defined in chapter 195, RSMo, or
alcoholic beverage to an extent that such use impairs a person's ability
to perform the work of any profession licensed or regulated by this
chapter;

(2) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution pursuant
to the laws of any state or of the United States, for any offense
reasonably related to the qualifications, functions or duties of any
profession licensed or regulated pursuant to this chapter, for any
offense an essential element of which is fraud, dishonesty or an act of
violence, or any offense involving moral turpitude, whether or not
sentence is imposed;

(3) Use of fraud, deception, misrepresentation or bribery in securing any
permit or license issued pursuant to this chapter or in obtaining
permission to take any examination given or required pursuant to this
chapter;

(4) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation; or increasing
charges when a patient utilizes a third-party payment program; or for
repeated irregularities in billing a third party for services rendered to
a patient. For the purposes of this subdivision, irregularities in
billing shall include:

(a) Reporting charges for the purpose of obtaining a total payment in
excess of that usually received by the dentist for the services rendered;

(b) Reporting incorrect treatment dates for the purpose of obtaining
payment;

(c) Reporting charges for services not rendered;

(d) Incorrectly reporting services rendered for the purpose of obtaining
payment that is greater than that to which the person is entitled;

(e) Abrogating the co-payment or deductible provisions of a third-party
payment contract. Provided, however, that this paragraph shall not
prohibit a discount, credit or reduction of charges provided under an
agreement between the licensee and an insurance company, health service
corporation or health maintenance organization licensed pursuant to the
laws of this state; or governmental third-party payment program; or
self-insurance program organized, managed or funded by a business entity
for its own employees or labor organization for its members;

(5) Incompetency, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performance of, or relating to one's ability to
perform, the functions or duties of any profession licensed or regulated
by this chapter;

(6) Violation of, or assisting or enabling any person to violate, any
provision of this chapter, or any lawful rule or regulation adopted
pursuant to this chapter;

(7) Impersonation of any person holding a permit or license or allowing
any person to use his or her permit, license or diploma from any school;

(8) Disciplinary action against the holder of a license or other right to
practice any profession regulated by this chapter imposed by another
state, province, territory, federal agency or country upon grounds for
which discipline is authorized in this state;

(9) A person is finally adjudicated incapacitated or disabled by a court
of competent jurisdiction;

(10) Assisting or enabling any person to practice or offer to practice,
by lack of supervision or in any other manner, any profession licensed or
regulated by this chapter who is not registered and currently eligible to
practice pursuant to this chapter;

(11) Issuance of a permit or license based upon a material mistake of
fact;

(12) Failure to display a valid certificate, permit or license if so
required by this chapter or by any rule promulgated hereunder;

(13) Violation of any professional trust or confidence;

(14) Use of any advertisement or solicitation that is false, misleading
or deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed. False, misleading or deceptive
advertisements or solicitations shall include, but not be limited to:

(a) Promises of cure, relief from pain or other physical or mental
condition, or improved physical or mental health;

(b) Any misleading or deceptive statement offering or promising a free
service. Nothing herein shall be construed to make it unlawful to offer a
service for no charge if the offer is announced as part of a full
disclosure of routine fees including consultation fees;

(c) Any misleading or deceptive claims of patient cure, relief or
improved condition; superiority in service, treatment or materials; new
or improved service, treatment or material; or reduced costs or greater
savings. Nothing herein shall be construed to make it unlawful to use any
such claim if it is readily verifiable by existing documentation, data or
other substantial evidence. Any claim that exceeds or exaggerates the
scope of its supporting documentation, data or evidence is misleading or
deceptive;

(d) Any announced fee for a specified service where that fee does not
include the charges for necessary related or incidental services, or
where the actual fee charged for that specified service may exceed the
announced fee, but it shall not be unlawful to announce only the maximum
fee that can be charged for the specified service, including all related
or incidental services, modified by the term "up to" if desired;

(e) Any announcement in any form including the term "specialist" or the
phrase "limited to the specialty of" unless each person named in
conjunction with the term or phrase, or responsible for the announcement,
holds a valid Missouri certificate and license evidencing that the person
is a specialist in that area;

(f) Any announcement containing any of the terms denoting recognized
specialties, or other descriptive terms carrying the same meaning, unless
the announcement clearly designates by list each dentist not licensed as
a specialist in Missouri who is sponsoring or named in the announcement,
or employed by the entity sponsoring the announcement, after the
following clearly legible or audible statement: "Notice: the following
dentist(s) in this practice is (are) not licensed in Missouri as
specialists in the advertised dental specialty(s) of ...........";

(g) Any announcement containing any terms denoting or implying specialty
areas that are not recognized by the American Dental Association;

(15) Violation of the drug laws or rules and regulations of this state,
any other state or the federal government;

(16) Failure or refusal to properly guard against contagious, infectious
or communicable diseases or the spread thereof;

(17) Failing to maintain his or her office or offices, laboratory,
equipment and instruments in a safe and sanitary condition;

(18) Accepting, tendering or paying "rebates" to or "splitting fees" with
any other person; provided, however, that nothing herein shall be so
construed as to make it unlawful for a dentist practicing in a
partnership or as a corporation organized pursuant to the provisions of
chapter 356, RSMo, to distribute profits in accordance with his or her
stated agreement;

(19) Administering, or causing or permitting to be administered, nitrous
oxide gas in any amount to himself or herself, or to another unless as an
adjunctive measure to patient management;

(20) Being unable to practice as a dentist, specialist or hygienist with
reasonable skill and safety to patients by reasons of professional
incompetency, or because of illness, drunkenness, excessive use of drugs,
narcotics, chemicals, or as a result of any mental or physical condition.
In enforcing this subdivision the board shall, after a hearing before the
board, upon a finding of probable cause, require the dentist or
specialist or hygienist to submit to a reexamination for the purpose of
establishing his or her competency to practice as a dentist, specialist
or hygienist, which reexamination shall be conducted in accordance with
rules adopted for this purpose by the board, including rules to allow the
examination of the dentist's, specialist's or hygienist's professional
competence by at least three dentists or fellow specialists, or to submit
to a mental or physical examination or combination thereof by at least
three physicians. One examiner shall be selected by the dentist,
specialist or hygienist compelled to take examination, one selected by
the board, and one shall be selected by the two examiners so selected.
Notice of the physical or mental examination shall be given by personal
service or registered mail. Failure of the dentist, specialist or
hygienist to submit to the examination when directed shall constitute an
admission of the allegations against him or her, unless the failure was
due to circumstances beyond his or her control. A dentist, specialist or
hygienist whose right to practice has been affected pursuant to this
subdivision shall, at reasonable intervals, be afforded an opportunity to
demonstrate that he or she can resume competent practice with reasonable
skill and safety to patients.

(a) In any proceeding pursuant to this subdivision, neither the record of
proceedings nor the orders entered by the board shall be used against a
dentist, specialist or hygienist in any other proceeding. Proceedings
pursuant to this subdivision shall be conducted by the board without the
filing of a complaint with the administrative hearing commission;

(b) When the board finds any person unqualified because of any of the
grounds set forth in this subdivision, it may enter an order imposing one
or more of the following: denying his or her application for a license;
permanently withholding issuance of a license; administering a public or
private reprimand; placing on probation, suspending or limiting or
restricting his or her license to practice as a dentist, specialist or
hygienist for a period of not more than five years; revoking his or her
license to practice as a dentist, specialist or hygienist; requiring him
or her to submit to the care, counseling or treatment of physicians
designated by the dentist, specialist or hygienist compelled to be
treated; or requiring such person to submit to identification,
intervention, treatment or rehabilitation by the well-being committee as
provided in section 332.327. For the purpose of this subdivision,
"license" includes the certificate of registration, or license, or both,
issued by the board.

3. After the filing of such complaint, the proceedings shall be conducted
in accordance with the provisions of chapter 621, RSMo. Upon a finding by
the administrative hearing commission that the grounds, provided in
subsection 2, for disciplinary action are met, the board may, singly or
in combination:

(1) Censure or place the person or firm named in the complaint on
probation on such terms and conditions as the board deems appropriate for
a period not to exceed five years; or

(2) Suspend the license, certificate or permit for a period not to exceed
three years; or

(3) Revoke the license, certificate, or permit. In any order of
revocation, the board may provide that the person shall not apply for
licensure for a period of not less than one year following the date of
the order of revocation; or

(4) Cause the person or firm named in the complaint to make restitution
to any patient, or any insurer or third-party payer who shall have paid
in whole or in part a claim or payment for which they should be
reimbursed, where restitution would be an appropriate remedy, including
the reasonable cost of follow-up care to correct or complete a procedure
performed or one that was to be performed by the person or firm named in
the complaint; or

(5) Request the attorney general to bring an action in the circuit court
of competent jurisdiction to recover a civil penalty on behalf of the
state in an amount to be assessed by the court.

4. If the board concludes that a dentist or dental hygienist has
committed an act or is engaging in a course of conduct that would be
grounds for disciplinary action and constitutes a clear and present
danger to the public health and safety, the board may file a complaint
before the administrative hearing commission requesting an expedited
hearing and specifying the conduct that gives rise to the danger and the
nature of the proposed restriction or suspension of the dentist's or
dental hygienist's license. Within fifteen days after service of the
complaint on the dentist or dental hygienist, the administrative hearing
commission shall conduct a preliminary hearing to determine whether the
alleged conduct of the dentist or dental hygienist appears to constitute
a clear and present danger to the public health and safety that justifies
that the dentist's or dental hygienist's license be immediately
restricted or suspended. The burden of proving that a dentist or dental
hygienist is a clear and present danger to the public health and safety
shall be upon the Missouri dental board. The administrative hearing
commission shall issue its decision immediately after the hearing and
shall either grant to the board the authority to suspend or restrict the
license or dismiss the action.

5. If the administrative hearing commission grants temporary authority to
the board to restrict or suspend a dentist's or dental hygienist's
license, the dentist or dental hygienist named in the complaint may
request a full hearing before the administrative hearing commission. A
request for a full hearing shall be made within thirty days after the
administrative hearing commission issues a decision. The administrative
hearing commission shall, if requested by a dentist or dental hygienist
named in the complaint, set a date to hold a full hearing under chapter
621, RSMo, regarding the activities alleged in the initial complaint
filed by the board. The administrative hearing commission shall set the
date for full hearing within ninety days from the date its decision was
issued. Either party may request continuances, which shall be granted by
the administrative hearing commission upon a showing of good cause by
either party or consent of both parties. If a request for a full hearing
is not made within thirty days, the authority to impose discipline
becomes final and the board shall set the matter for hearing in
accordance with section 621.110, RSMo.

6. If the administrative hearing commission dismisses without prejudice
the complaint filed by the board under subsection 4 of this section or
dismisses the action based on a finding that the board did not meet its
burden of proof establishing a clear and present danger, such dismissal
shall not bar the board from initiating a subsequent action on the same
grounds in accordance with this chapter and chapters 536 and 621, RSMo.

7. Notwithstanding any other provisions of section 332.071 or of this
section, a currently licensed dentist in Missouri may enter into an
agreement with individuals and organizations to provide dental health
care, provided such agreement does not permit or compel practices that
violate any provision of this chapter.

8. At all proceedings for the enforcement of these or any other
provisions of this chapter the board shall, as it deems necessary,
select, in its discretion, either the attorney general or one of the
attorney general's assistants designated by the attorney general or other
legal counsel to appear and represent the board at each stage of such
proceeding or trial until its conclusion.

9. If at any time when any discipline has been imposed pursuant to this
section or pursuant to any provision of this chapter, the licensee
removes himself or herself from the state of Missouri, ceases to be
currently licensed pursuant to the provisions of this chapter, or fails
to keep the Missouri dental board advised of his or her current place of
business and residence, the time of his or her absence, or unlicensed
status, or unknown whereabouts shall not be deemed or taken as any part
of the time of discipline so imposed. (L. 1969 S.B. 97, A.L. 1978 S.B.
625, A.L. 1981 S.B. 16, A.L. 1983 S.B. 44 & 45 merged with S.B. 302, A.L.
1999 H.B. 343, A.L. 2001 S.B. 393, A.L. 2004 H.B. 970)

(1987) In order to discipline dentist for misrepresentation under this
section proof that the misconduct giving rise to the misrepresentation
must be intentional. Missouri Dental Board v. Bailey, 731 S.W.2d 272 (Mo.
App. W.D.).

Notwithstanding any other provision of law to the contrary, any
health care provider licensed pursuant to this chapter who provides any
service for which the health care provider is licensed may provide such
service free of charge. Such health care provider shall not be subject to
an action for civil damages for discrimination based on the provision of
such free dental services. (L. 1998 S.B. 790)

1. The department of health and senior services may contract
with the Missouri dental board to establish a donated dental services
program, in conjunction with the provisions of section 332.323, through
which volunteer dentists, licensed by the state pursuant to this chapter,
will provide comprehensive dental care for needy, disabled, elderly and
medically compromised individuals. Eligible individuals may be treated by
the volunteer dentists in their private offices. Eligible individuals may
not be required to pay any fees or costs, except for dental laboratory
costs.

2. The department of health and senior services shall contract with the
Missouri dental board, its designee or other qualified organizations
experienced in providing similar services or programs, to administer the
program.

3. The contract shall specify the responsibilities of the administering
organization which may include:

(1) The establishment of a network of volunteer dentists including dental
specialists, volunteer dental laboratories and other appropriate
volunteer professionals to donate dental services to eligible individuals;

(2) The establishment of a system to refer eligible individuals to
appropriate volunteers;

(3) The development and implementation of a public awareness campaign to
educate eligible individuals about the availability of the program;

(4) Providing appropriate administrative and technical support to the
program;

(5) Submitting an annual report to the department that:

(a) Accounts for all program funds;

(b) Reports the number of individuals served by the program and the
number of dentists and dental laboratories participating as providers in
the program; and

(c) Reports any other information required by the department;

(6) Performing, as required by the department, any other duty relating to
the program.

4. The department shall promulgate rules, pursuant to chapter 536, RSMo,
for the implementation of this program and for the determination of
eligible individuals. Any rule or portion of a rule, as that term is
defined in section 536.010, RSMo, that is created under the authority
delegated in this section shall become effective only if it complies with
and is subject to all of the provisions of chapter 536, RSMo, and, if
applicable, section 536.028, RSMo. This section and chapter 536, RSMo,
are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to delay the effective
date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 2001, shall be invalid and void. (L.
2001 H.B. 567 merged with S.B. 393)

Effective 7-10-01

1. The board may establish an impaired dentist or dental
hygienist committee, to be designated as the well-being committee, to
promote the early identification, intervention, treatment and
rehabilitation of dentists or dental hygienists who may be impaired by
reasons of illness, substance abuse, or as a result of any physical or
mental condition. The board may enter into a contractual agreement with a
nonprofit corporation or a dental association for the purpose of
creating, supporting and maintaining a committee to be designated as the
well-being committee. The board may promulgate administrative rules
subject to the provisions of this section and chapter 536, RSMo, to
effectuate and implement any committee formed pursuant to this section.
The board may expend appropriated funds necessary to provide for
operational expenses of the committee formed pursuant to this section.
Any member of the well-being committee, as well as any administrator,
staff member, consultant, agent or employee of the committee, acting
within the scope of his or her duties and without actual malice and, all
other persons who furnish information to the committee in good faith and
without actual malice, shall not be liable for any claim of damages as a
result of any statement, decision, opinion, investigation or action taken
by the committee, or by any individual member of the committee.

2. All information, interviews, reports, statements, memoranda or other
documents furnished to or produced by the well-being committee, as well
as communications to or from the committee, any findings, conclusions,
interventions, treatment, rehabilitation or other proceedings of the
committee which in any way pertain to a licensee who may be, or who
actually is, impaired shall be privileged and confidential.

3. All records and proceedings of the well-being committee which pertain
or refer to a licensee who may be, or who actually is, impaired shall be
privileged and confidential and shall be used by the committee and its
members only in the exercise of the proper function of the committee and
shall not be considered public records pursuant to chapter 610, RSMo, and
shall not be subject to court subpoena or subject to discovery or
introduction as evidence in any civil, criminal or administrative
proceedings except as provided in subsection 4 of this section.

4. The well-being committee may disclose information relative to an
impaired licensee only when:

(1) It is essential to disclose the information to further the
intervention, treatment or rehabilitation needs of the impaired licensee
and only to those persons or organization with a need to know;

(2) Its release is authorized in writing by the impaired licensee;

(3) The committee is required to make a report to the board; or

(4) The information is subject to a court order.

5. In lieu of pursuing discipline against a dentist or dental hygienist
for violating one or more causes stated in subsection 2 of section
332.321, the board may enter into a diversion agreement with a dentist or
dental hygienist to refer the licensee to the dental well-being committee
under such terms and conditions as are agreed to by the board and
licensee for a period not to exceed five years. The board shall enter
into no more than two diversion agreements with any individual licensee.
If the licensee violates a term or condition of a diversion agreement
entered into pursuant to this section, the board may elect to pursue
discipline against the licensee pursuant to chapter 621, RSMo, for the
original conduct that resulted in the diversion agreement, or for any
subsequent violation of subsection 2 of section 332.321. While the
licensee participates in the well-being committee, the time limitations
of section 620.154, RSMo, shall toll pursuant to subsection 7 of section
620.154, RSMo. All records pertaining to diversion agreements are
confidential and may only be released pursuant to subdivision (7) of
subsection 14 of section 620.010, RSMo.

6. The board may disclose information and records to the well-being
committee to assist the committee in the identification, intervention,
treatment, and rehabilitation of dentists or dental hygienists who may be
impaired by reason of illness, substance abuse, or as the result of any
physical or mental condition. The well-being committee shall keep all
information and records provided by the board confidential to the extent
the board is required to treat the information and records as closed to
the public pursuant to chapter 620, RSMo. (L. 1999 H.B. 343, A.L. 2002
H.B. 2001, A.L. 2003 H.B. 440)

1. Any duly registered and currently licensed dentist in
Missouri may write, and any pharmacist in Missouri who is currently
licensed under the provisions of chapter 338, RSMo, and any amendments
thereto, may fill any prescription of a duly registered and currently
licensed dentist in Missouri for any drug necessary or proper in the
practice of dentistry, provided that no such prescription is in violation
of either the Missouri or federal narcotic drug act.

2. Any duly registered and currently licensed dentist in Missouri may
possess, have under his control, prescribe, administer, dispense, or
distribute a "controlled substance" as that term is defined in section
195.010, RSMo, only to the extent that:

(1) The dentist possesses the requisite valid federal and state
registration to distribute or dispense that class of controlled substance;

(2) The dentist prescribes, administers, dispenses, or distributes the
controlled substance in the course of his professional practice of
dentistry, and for no other reason;

(3) A bona fide dentist-patient relationship exists; and

(4) The dentist possesses, has under his control, prescribes,
administers, dispenses, or distributes the controlled substance in accord
with all pertinent requirements of the federal and Missouri narcotic drug
and controlled substances acts, including the keeping of records and
inventories when required therein. (L. 1969 S.B. 97, A.L. 1981 S.B. 16)

CROSS REFERENCE: Drug regulations, Chap. 195, RSMo

1. All duly registered and currently licensed dentists in
Missouri who prescribe and administer deep sedation or general anesthesia
agents in the course of providing dental services shall possess a deep
sedation or general anesthesia permit issued by the board. All duly
registered and currently licensed dentists in Missouri who prescribe and
administer conscious sedation agents in the course of providing dental
services shall possess a conscious sedation permit issued by the board.

2. Dentists prescribing or administering deep sedation or general
anesthesia or conscious sedation agents shall do so in accordance with
rules set forth by the board.

3. Any dental office where deep sedation or general anesthesia or
conscious sedation agents are administered shall possess a site
certificate issued by the board and comply with the board's minimum
standard for site certificates.

4. The board may promulgate rules specifying the criteria by which deep
sedation or general anesthesia permits, conscious sedation permits, and
site certificates may be issued, renewed, or revoked and standards for
prescribing and administering deep sedation or general anesthesia or
conscious sedation agents within the dental setting. Such rules shall
only apply to entities regulated under this chapter.

5. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date, or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2004, shall be invalid and void. (L. 2004 H.B. 1422 § 332.361)

1. On and after January 1, 1988, every complete upper and lower
denture and removable dental prosthesis fabricated by a dentist, or
fabricated pursuant to his or her prescription, shall be marked with the
name or Social Security number, or both, of the patient for whom the
prosthesis is intended. The markings shall be made during fabrication and
shall be permanent, legible and cosmetically acceptable. The exact
location of the markings and the methods used to apply or implant them
shall be determined by the dentist or dental laboratory fabricating the
prosthesis. If, in the professional judgment of the dentist, this full
identification is not possible, the name or Social security number may be
omitted.

2. Any removable dental prosthesis in existence which was not marked in
accordance with subsection 1 of this section at the time of fabrication
shall be so marked at the time of any subsequent rebasing or duplication.
(L. 1987 S.B. 310 §§ 1, 2)

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