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USA Statutes : new_jersey
Title : TITLE 45 PROFESSIONS AND OCCUPATIONS
Chapter : 45:6-19.
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45:6-19. ~Practicing dentistry~ defined
Any person shall be regarded as practicing dentistry within the meaning of this chapter who
(1) Uses a dental degree, or the terms ~mechanical dentist~ or the use of the word ~dentist~ in English or any foreign language, or designation, or card, device, directory, poster, sign, or other media whereby he represents himself as being able to diagnose, treat, prescribe or operate for any disease, pain, deformity, deficiency, injury, or physical condition of the human tooth, teeth, alveolar process, gums, cheek, or jaws, or oral cavity and associated tissues; or
(2) Is a manager, proprietor, operator, or conductor of a place where dental operations are performed; or
(3) Performs dental operations of any kind gratuitously, or for a fee, gift, compensation or reward, paid or to be paid, either to himself or to another person or agency; or
(4) Uses himself or by any employee, uses a Roentgen or X-ray machine for dental treatment, dental radiograms, or for dental diagnostic purposes; or
(5) Extracts a human tooth or teeth, or corrects or attempts to correct malpositions of the human teeth or jaws; or
(6) Offers and undertakes, by any means or method, to diagnose, treat or remove stains or concretions from human teeth or jaws; or
(7) Uses or administers local or general anesthetics in the treatment of dental or oral diseases or in any preparation incident to a dental operation of any kind or character; or
(8) Takes impressions of the human tooth, teeth, jaws, or performs any phase of any operation incident to the replacement of a part of a tooth, teeth, or associated tissues; or
(9) Performs any clinical operation included in the curricula of recognized dental schools or colleges.
The terms manager, proprietor, operator or conductor as used in this chapter shall be deemed to include any person who
(1) Employs operators or assistants; or
(2) Places in the possession of any operator, assistant, or other agent such dental material or equipment as may be necessary for the management of a dental office on the basis of a lease or any other agreement for compensation for the use of such material, equipment or office; or
(3) Retains the ownership or control of dental material, equipment or office and makes the same available in any manner for the use by operators, assistants or other agents; provided, however, that the above shall not apply to bona fide sales of dental material or equipment secured by chattel mortgage.
The following practices, acts and operations shall not be regarded as practicing dentistry within the meaning of this chapter:
(1) The treatment of the diseases of the mouth and practice of oral surgery, in the practice of his profession, by a physician or surgeon, licensed as such under the laws of this State, unless he undertakes to reproduce or reproduces lost parts of the human teeth in the mouth or to restore or replace lost or missing teeth in the mouth; or
(2) The practice of dentistry in the discharge of their duties by dentists in the United States Army, Navy, Public Health Service or Veterans Bureau; or
(3) The operation of a dental school or college as now conducted and approved, or as may be approved, by the Board of Dental Examiners; and the practice of dentistry by students in any such dental school or college approved by the board, when acting under the direction and supervision of any registered and licensed dentist acting as instructor; or
(4) The practice of dentistry by licensed dentists of other States or countries at meetings of the American Dental Association or component parts thereof, or any other like dental organizations, while appearing as clinicians; or
(5) The practice of dentistry by accredited internes operating in hospitals under the supervision of registered and licensed dentists; or
(6) The use of Roentgen or other rays for making radiograms or similar records of dental or oral tissues under the supervision of a licensed dentist or physician; provided, however, that such services shall not be advertised, by any name whatsoever, as an aid or inducement to secure dental patronage; and provided, further, that no corporation shall advertise that it has, leases, owns or operates a Roentgen or X-ray machine for the purpose of making dental radiograms of the human teeth or tissues of the oral cavity, or administering treatment thereto for any disease thereof; or
(7) The making of artificial restorations, substitutes, or appliances for the correction of disease, loss, deformity, malposition, dislocation, fracture, or injury to the jaws, teeth, lips, gums, cheeks, palate, or cases, models, or from impressions furnished by a licensed and registered dentist, on written prescription only; provided, that such prosthetic or orthodontic appliances, or the services rendered in the construction, repair, or alteration thereof, shall not be advertised, sold or delivered, directly or indirectly, to the public by the dental technician or dental laboratory as principal or agent.
Amended by L.1941, c. 316, p. 853, s. 2; L.1942, c. 38, p. 243, s. 1.
45:6-19.1. Definitions
For purposes of this act:
a. ~Prothesis~ means an artificial substitute for a missing body part, such as a tooth, used for functional or cosmetic reasons or both.
b. ~Rebasing~ means the act of replacing the base material of a denture without changing the occlusal relations of the teeth.
L.1983, c. 514, s. 1.
45:6-19.2. Upper and lower dentures and removable dental prostheses; markings
Every complete upper and lower denture and removable dental prosthesis fabricated by a dentist licensed by this State shall be marked with the name and social security number of the patient for whom the prosthesis is intended unless the patient objects thereto. The markings shall be done 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 on behalf of the dentist. If in the professional judgment of the dentist or dental laboratory this identification is not practicable, identification shall be provided as follows:
a. The social security number of the patient may be omitted if the name of the patient is shown;
b. The initials of the patient may be shown alone, if the use of the name of the patient is impracticable;
c. The identification marks may be omitted in their entirety if none of the forms of identification specified in subsections a. and b. of this section are practicable or clinically safe.
L.1983, c. 514, s. 2.
45:6-19.3. Removable dental prosthesis; marking at time of rebasing
Any removable dental prosthesis in existence prior to the effective date of this act, which was not marked at the time of its fabrication in accordance with section 2. of this act, shall be so marked at the time of any subsequent rebasing.
L.1983, c. 514, s. 3.
45:6-19.4. Rules and regulations
The board shall adopt rules and regulations and provide standards to carry out the provisions of this act.
L.1983, c. 514, s. 4.
45:6-19.5. Hospital privileges for dentists
A licensed dentist whose credentials have been approved and who has been granted privileges by the medical staff of a public or private licensed hospital or other public or private institution in this State and who has been approved by the governing board of the hospital or institution may:
a. Diagnose and treat patients admitted for acute or chronic illness, injury or deformity within the province of the human jaw and associated structures and complete and authenticate medical records of patients admitted or treated for dental or oral and maxillofacial surgical problems; and
b. Prescribe medication and treatment for patients admitted for dental or oral and maxillofacial surgical problems.
A dentist, other than a qualified oral and maxillofacial surgeon, who performs one or more of the procedures set forth in this section shall arrange for appropriate medical consultation to be provided by a qualified physician member of the medical staff of the hospital or institution for a patient of the dentist.
L. 1988, c. 147, s. 1.
45:6-19.6. Additional authorized procedures
In addition to the procedures authorized pursuant to section 1 of this act, an oral and maxillofacial surgeon may perform a history and physical examination on a patient admitted to a hospital for a dental or oral and maxillofacial surgical procedure, if the surgeon has successfully completed a postgraduate program in oral surgery accredited by a nationally recognized accrediting body approved by the United States Department of Education.
Whenever a qualified oral and maxillofacial surgeon admits a patient with a medical problem, he shall seek the consultative services of a qualified physician member of the medical staff.
Each patient@s general medical condition is the responsibility of a qualified physician member of the medical staff.
L. 1988, c. 147, s. 2.
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