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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 679 Dentists
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As used in this chapter and ORS 680.010 to
680.205, unless the context requires otherwise:
(1) “Board” means the Oregon Board of Dentistry.
(2) “Dental assistant” means a person who, under the supervision of
a dentist, renders assistance to a dentist, dental hygienist, dental
technician or another dental assistant or renders assistance under the
supervision of a dental hygienist providing dental hygiene.
(3) “Dental hygiene” means that portion of dentistry that includes
the rendering of educational, preventive and therapeutic dental services
in general, but specifically, scaling, root planing, curettage and any
related intraoral or extraoral procedure required in the performance of
such services.
(4) “Dental hygienist” means a person who, under the supervision of
a dentist, practices dental hygiene.
(5) “Dental technician” means that person who, at the authorization
of a dentist, makes, provides, repairs or alters oral prosthetic
appliances and other artificial materials and devices which are returned
to a dentist and inserted into the human oral cavity or which come in
contact with its adjacent structures and tissues.
(6) “Dentist” means a person who may perform any intraoral or
extraoral procedure required in the practice of dentistry.
(7) “Dentistry” means the healing art which is concerned with the
examination, diagnosis, treatment planning, treatment, care and
prevention of conditions within the human oral cavity and maxillofacial
region and conditions of adjacent or related tissues and structures. The
practice of dentistry includes but is not limited to the cutting,
altering, repairing, removing, replacing or repositioning of hard or soft
tissues and other acts or procedures as determined by the board and
included in the curricula of dental schools accredited by the Commission
on Dental Accreditation of the American Dental Association, post-graduate
training programs or continuing education courses.
(8) “Direct supervision” means supervision requiring that a dentist
diagnose the condition to be treated, that a dentist authorize the
procedure to be performed, and that a dentist remain in the dental
treatment room while the procedures are performed.
(9) “General supervision” means supervision requiring that a
dentist authorize the procedures, but not requiring that a dentist be
present when the authorized procedures are performed. The authorized
procedures may also be performed at a place other than the usual place of
practice of the dentist.
(10) “Indirect supervision” means supervision requiring that a
dentist authorize the procedures and that a dentist be on the premises
while the procedures are performed.
(11) “Limited access permit dental hygienist” means a dental
hygienist who renders dental hygiene services in accordance with ORS
680.205 as authorized by a limited access permit issued by the board
pursuant to ORS 680.200.
(12) “State” means any state or territory of the United States and
the District of Columbia. [Amended by 1983 c.169 §1; 1997 c.251 §4; 1999
c.188 §1; 2003 c.83 §1; 2005 c.52 §2](1) No person shall practice dentistry
without a license.
(2) Before engaging, conducting, operating or maintaining any
dental office in any way, every individual shall obtain a license to
practice dentistry in this state.
(3) The provisions of subsections (1) and (2) of this section as
they relate to owning and operating a dental office or clinic do not
apply to a dental office or clinic owned or operated by:
(a) A labor organization as defined in ORS 243.650 and 663.005 (6),
or to any nonprofit organization formed by or on behalf of such labor
organization for the purpose of providing dental services. Such labor
organization must have had an active existence for at least three years,
have a constitution and bylaws, and be maintained in good faith for
purposes other than providing dental services;
(b) The School of Dentistry of the Oregon Health and Science
University;
(c) Local governments;
(d) Institutions or programs accredited by the Commission on Dental
Accreditation of the American Dental Association to provide education and
training;
(e) Nonprofit corporations organized under Oregon law to provide
dental services to rural areas and medically underserved populations of
migrant, rural community or homeless individuals under 42 U.S.C. 254b or
254c or health centers qualified under 42 U.S.C. 1396d(l)(2)(B) operating
in compliance with other applicable state and federal law; and
(f) Nonprofit charitable corporations as described in section
501(c)(3) of the Internal Revenue Code and determined by the Oregon Board
of Dentistry as providing dental services by volunteer licensed dentists
to populations with limited access to dental care at no charge or a
substantially reduced charge.
(4) Any entity that owns or operates a dental office or clinic
pursuant to subsection (3) of this section must:
(a) Name an actively licensed dentist as its dental director who
shall be subject to the provisions of ORS 679.140 in the capacity as
dental director. The dental director, or an actively licensed dentist
designated by the director, shall have responsibility for the clinical
practice of dentistry, which includes, but is not limited to:
(A) Diagnosis of conditions within the human oral cavity and its
adjacent tissues and structures.
(B) Prescribing drugs that are administered to patients in the
practice of dentistry.
(C) The treatment plan of any dental patient.
(D) Overall quality of patient care that is rendered or performed
in the practice of dentistry.
(E) Supervision of dental hygienists, dental assistants or other
personnel involved in direct patient care and the authorization for
procedures performed by them in accordance with the standards of
supervision established by statute or by the rules of the board.
(F) Other specific services within the scope of clinical dental
practice.
(G) Retention of patient dental records as required by statute or
by rule of the board.
(H) Ensuring that each patient receiving services from the dental
office or clinic has a dentist of record.
(b) Maintain current records of the names of licensed dentists who
supervise the clinical activities of dental hygienists, dental assistants
or other personnel involved in direct patient care utilized by the
entity. The records must be available to the board upon written request.
(5) Subsections (1) and (2) of this section do not apply to a
limited access permit dental hygienist who renders services authorized by
a limited access permit issued by the board pursuant to ORS 680.200.
(6) Nothing in this chapter precludes a person or entity not
licensed by the board from:
(a) Ownership or leasehold of any tangible or intangible assets
used in a dental office or clinic. These assets include real property,
furnishings, equipment and inventory but do not include dental records of
patients related to clinical care.
(b) Employing or contracting for the services of personnel other
than licensed dentists.
(c) Management of the business aspects of a dental office or clinic
that do not include the clinical practice of dentistry.
(7) If all of the ownership interests of a dentist or dentists in a
dental office or clinic are held by an administrator, executor, personal
representative, guardian, conservator or receiver of the estate of a
former shareholder, member or partner, the administrator, executor,
personal representative, guardian, conservator or receiver may retain the
ownership interest for a period of 12 months following the creation of
the ownership interest. The board shall extend the ownership period for
an additional 12 months upon 30 days’ notice and may grant additional
extensions upon reasonable request. [Amended by 1977 c.192 §1; 1985 c.323
§3; 1995 c.286 §29; 1997 c.251 §6; 2003 c.322 §1] (1) It
shall be unlawful for any person not otherwise authorized by law to
practice dentistry or purport to be a dentist without a valid license to
practice dentistry issued by the Oregon Board of Dentistry.
(2) The requirements of this section shall not apply to:
(a) Dentists licensed in another state making a clinical
presentation sponsored by a bona fide dental society or association or an
accredited dental educational institution approved by the board.
(b) Bona fide full-time students of dentistry who, during the
period of their enrollment and as a part of the course of study in an
Oregon accredited dental education program, engage in clinical studies on
the premises of such institution or in a clinical setting located off the
premises of the institution if the facility, the instructional staff and
the course of study to be pursued at the off-premises location meet
minimum requirements prescribed by the rules of the board and the
clinical study is performed under the direct supervision of a member of
the faculty.
(c) Bona fide full-time students of dentistry who, during the
period of their enrollment and as a part of the course of study in a
dental education program located outside of Oregon that is accredited by
the Commission on Dental Accreditation of the American Dental Association
or its successor agency, engage in community-based or clinical studies as
an elective or required rotation in a clinical setting located in Oregon
if the community-based or clinical studies meet minimum requirements
prescribed by the rules of the board and are performed under the direct
supervision of a member of the faculty of the Oregon Health and Science
University School of Dentistry.
(d) Candidates who are preparing for a licensure examination to
practice dentistry and whose application has been accepted by the board
or its agent, if such clinical preparation is conducted in a clinic
located on premises approved for that purpose by the board and if the
procedures are limited to examination only. This exception shall exist
for a period not to exceed two weeks immediately prior to a regularly
scheduled licensure examination.
(e) Dentists practicing in the discharge of official duties as
employees of the United States Government and any of its agencies.
(f) Instructors of dentistry, whether full- or part-time, while
exclusively engaged in teaching activities and while employed in
accredited dental educational institutions.
(g) Dentists employed by public health agencies who are not engaged
in the direct delivery of clinical dental services to patients.
(h) Persons licensed to practice medicine in the State of Oregon in
the regular discharge of their duties.
(i) Persons qualified to perform services relating to general
anesthesia or sedation under the direct supervision of a licensed dentist.
(j) Persons practicing dentistry upon themselves as the patient.
(k) Dental hygienists, dental assistants or dental technicians
performing services under the supervision of a licensed dentist in
accordance with the rules adopted by the board.
(L) A person licensed as a denturist under ORS 680.500 to 680.570
engaged in the practice of denture technology.
(m) A limited access permit dental hygienist who renders services
authorized by a limited access permit issued by the board pursuant to ORS
680.200. [1953 c.574 §2; 1955 c.560 §1; 1957 c.552 §4; 1963 c.284 §1;
1971 c.48 §1; 1973 c.390 §1; 1975 c.693 §19; 1979 c.1 §16; 1983 c.169 §2;
1993 c.142 §1; 1997 c.251 §5; 2005 c.504 §1] The Attorney General, or the
prosecuting attorney of any county, or the Oregon Board of Dentistry, in
its own name, may maintain an action for an injunction against any person
violating any provision of ORS 679.020, 679.025, 679.170 or 679.176. Any
person who has been so enjoined may be punished for contempt by the court
issuing the injunction. An injunction may be issued without proof of
actual damage sustained by any person. An injunction shall not relieve a
person from criminal prosecution for violation of any provision of ORS
679.020, 679.025, 679.170 or 679.176 or from any other civil, criminal or
disciplinary remedy. [1957 c.552 §2; 1963 c.284 §2; 1979 c.284 §192; 1983
c.169 §3](1) If a reputable and duly licensed practitioner in
dentistry of another state is asked to appear and demonstrate, receive or
give instruction in the practice of dentistry before any qualified dental
college or dental organization or dental study group recognized by the
Oregon Board of Dentistry, the secretary of the board shall issue on
written request of an authorized officer of such college or dental
organization or dental study group, without fee, a permit for such
purpose. A permit shall be issued upon such terms as the board shall
prescribe.
(2) If a reputable and duly licensed practitioner in dentistry of
another state has been granted staff privileges, either limited, special
or general, by any duly licensed hospital in this state, the secretary of
the board shall issue on written request and verification of an
authorized officer of such hospital, a permit for such nonresident
practitioner to practice dentistry in said hospital. [Amended by 1963
c.284 §4; 1965 c.122 §3; 1967 c.282 §1; 1973 c.390 §2]LICENSING(1) Any person desiring to practice dentistry in this state
shall file an application with the Oregon Board of Dentistry.
(2) At the time of making the application, the applicant shall:
(a) Pay to the board the required application and examination fee.
(b) Furnish the board with evidence satisfactory to the board of
details of any convictions recorded in any police records. Such details
are subject to the findings required by ORS 670.280.
(c) Present to the board a diploma or evidence satisfactory to the
board of having graduated from an accredited dental education program
approved by the board.
(3) If an applicant has been in practice in another state or states
the applicant shall furnish an affidavit from the secretary of the board
of dental examiners or similar body of such state or states that the
applicant has been engaged in the legal practice of dentistry in such
state or states for a period of time prescribed by the rules of the
Oregon Board of Dentistry.
(4) The board may refuse to issue a license to or renew a license
of an applicant who has been convicted of a violation of the law if the
board makes the findings required by ORS 670.280. A certified copy of the
record of conviction is conclusive evidence of conviction.
(5) The board may refuse to issue a license to or renew a license
of an applicant who has been disciplined by a state licensing or
regulatory agency of this or another state regarding any health care
profession when, in the judgment of the board, the act or conduct
resulting in the disciplinary action bears a demonstrable relationship to
the ability of the licensee or applicant to practice dentistry in
accordance with the provisions of this chapter. A certified copy of the
record of the disciplinary action is conclusive evidence of the
disciplinary action.
(6) The board may refuse to issue a license to or renew a license
of an applicant who has falsified a license application, or any person
for any cause described under ORS 679.140 or 679.170.
(7) Fees paid are not refundable. [Amended by 1963 c.284 §5; 1973
c.390 §3; 1973 c.827 §69; 1973 c.829 §62a; 1977 c.444 §1; 1981 c.232 §1;
1983 c.169 §6; 1985 c.323 §4; 1995 c.199 §1; 2003 c.83 §2] (1) An applicant for a
dental license shall be entitled to take the examination to practice
dentistry in Oregon if the applicant:
(a) Is 18 years of age or older; and
(b) Is a graduate of a dental school accredited by the Commission
on Dental Accreditation of the American Dental Association or its
successor agency, if any, which must have been approved by the Oregon
Board of Dentistry.
(2) Foreign trained graduates of dental programs may apply for the
dental licensure examination, providing the applicant meets the board’s
requirements, by rule, as will reasonably assure that an applicant’s
training and education are sufficient for licensure. [1983 c.169 §5](1) The Oregon Board of Dentistry may administer written,
laboratory or clinical examinations to test professional knowledge and
skills.
(2) The examination shall be elementary and practical in character
but sufficiently thorough to test the fitness of the applicant to
practice dentistry. It shall include, written in the English language,
questions on any subjects pertaining to dental science. The written
examination may be supplemented by oral examination. Demonstrations of
the applicant’s skill in operative and prosthetic dentistry also may be
required.
(3) The board may accept the results of national standardized
examinations in satisfaction of the written examination as authorized by
this section, and shall accept the results of regional testing agencies
or of clinical board examinations administered by other states in
satisfaction of the laboratory or clinical examination authorized under
this section, provided:
(a) The test or examination was taken within five years of the date
of application; and
(b) The applicant received a passing score on the test or
examination as established by the board by rule.
(4) The board shall accept the results of regional testing agencies
or of clinical board examinations administered by other states in
satisfaction of the examinations authorized under this section for
applicants who have engaged in the active practice of dentistry in other
states, in Oregon or in the Armed Forces of the United States, the United
States Public Health Service or the United States Department of Veterans
Affairs for at least 3,500 hours in the five years immediately preceding
application and who meet all other requirements for licensure. [Amended
by 1965 c.122 §4; 1983 c.169 §7; 1999 c.489 §1; 2001 c.193 §1; 2003 c.83
§3; 2005 c.229 §1] The Oregon Board of
Dentistry may adopt rules requiring additional education and examination
of applicants who have failed the licensing examination three times.
[Amended by 1973 c.829 §63; 1977 c.444 §2; 1983 c.169 §8; 2003 c.83 §4] The Oregon Board of Dentistry shall,
upon the applicant’s satisfactory completion of the educational
requirements and written, laboratory and clinical examinations authorized
under this chapter and upon receipt of the requisite fees, issue or renew
the appropriate dental license. [Amended by 1963 c.284 §6; 1971 c.34 §1;
1983 c.169 §9] (1)
Notwithstanding any other provision of this chapter, the Oregon Board of
Dentistry shall issue a dental instructor’s license to practice dentistry
to any person who furnishes the board with evidence satisfactory to the
board that the applicant meets the requirements of subsection (2) of this
section.
(2) An applicant for a dental instructor’s license must be a
full-time instructor of dentistry engaged in dental activities, including
but not limited to participation in a faculty practice plan, within the
scope of the applicant’s employment at the Oregon Health and Science
University and:
(a) Be a graduate of an accredited dental school; or
(b) If the applicant is not a graduate of an accredited dental
school, have a certificate or degree in an accredited, advanced dental
education program of at least two years’ duration from an accredited
dental school and:
(A) Be licensed to practice dentistry in another state or a
Canadian province;
(B) Have held an instructor’s or faculty license to practice
dentistry in another state or a Canadian province immediately prior to
becoming an instructor of dentistry at the Oregon Health and Science
University;
(C) Have successfully passed any clinical examination recognized by
the board for initial licensure; or
(D) Be certified by the appropriate national certifying examination
body in a dental specialty recognized by the American Dental Association.
(3) The board may refuse to issue or renew a dental instructor’s
license to an applicant or licensee:
(a) Who has been convicted of an offense or disciplined by a dental
licensing body in a manner that bears, in the judgment of the board, a
demonstrable relationship to the ability of the applicant or licensee to
practice dentistry in accordance with the provisions of this chapter;
(b) Who has falsified an application for licensure; or
(c) For cause as described under ORS 679.140 or 679.170.
(4) A license issued to an applicant qualifying for a dental
instructor’s license is restricted to the practice of dentistry in a
facility devoted to dental care on the campus of the Oregon Health and
Science University.
(5) A license issued to an applicant qualifying for a dental
instructor’s license who is a specialist by virtue of successful
completion of an accredited dental education program is restricted to the
specialty in which the dentist was trained.
(6) As used in this section, “accredited” means accredited by the
Commission on Dental Accreditation of the American Dental Association or
its successor agency, if any. [1999 c.578 §8; 2001 c.188 §1] (1)
The Oregon Board of Dentistry may impose application fees for the
following:
(a) Examinations, which may differ for general dentistry, foreign
school graduate and specialty examinations.
(b) Biennial dentist license, active.
(c) Biennial dentist license, inactive.
(d) Permits and certificates.
(e) Delinquency.
(2) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior to
adopting the fees and charges, the fees and charges established under
this section and ORS 680.075 shall not exceed the costs of administering
the regulatory program of the board, as authorized by the Legislative
Assembly within the board budget, as the budget may be modified by the
Emergency Board.
(3)(a) The board may waive the payment of the license fee in the
case of any licensee who furnishes satisfactory evidence that the
licensee has discontinued the actual practice of dentistry because of
retirement.
(b) Application to reinstate a license retired under paragraph (a)
of this subsection or to convert an inactive status license to an active
status license shall be made in accordance with the rules of the board
and with the submission of the license fee prescribed for such license;
provided, however, that if more than one year has expired since the
license was retired or inactivated, satisfactory evidence of operative
competence must be submitted to the board.
(4) Every dentist shall advise the board within 30 days of any
change of address.
(5) Each dentist must renew the dentist’s license every two years
through submitting a renewal application and paying the license fee.
(6) Dentists licensed in even-numbered years must renew by March 31
of each even-numbered year. Dentists licensed in odd-numbered years must
renew by March 31 of each odd-numbered year.
(7) A reasonable charge may be made in the event that the license
fee or renewal application is more than 10 days delinquent.
(8) Fees paid are not refundable. [Amended by 1963 c.284 §7; 1967
c.19 §2; 1971 c.34 §2; 1973 c.390 §4; 1977 c.192 §3; 1977 c.444 §3a; 1981
c.232 §2; 1985 c.323 §5; 1989 c.338 §7; 1991 c.703 §25] (1)
The Oregon Board of Dentistry may discipline as provided in this section
any person licensed to practice dentistry in this state for any of the
following causes:
(a) Conviction of any violation of the law for which the court
could impose a punishment if the board makes the finding required by ORS
670.280. The record of conviction or a certified copy thereof, certified
by the clerk of the court or by the judge in whose court the conviction
is entered, is conclusive evidence of the conviction.
(b) Renting or lending a license or diploma of the dentist to be
used as the license or diploma of another person.
(c) Unprofessional conduct.
(d) Any violation of this chapter or ORS 680.010 to 680.205, of
rules adopted pursuant to this chapter or ORS 680.010 to 680.205 or of an
order issued by the board.
(e) Engaging in or permitting the performance of unacceptable
patient care by the dentist or by any person working under the
supervision of the dentist due to a deliberate or negligent act or
failure to act by the dentist, regardless of whether actual injury to the
patient is established.
(f) Incapacity to practice safely.
(2) “Unprofessional conduct” as used in this chapter includes but
is not limited to the following:
(a) Obtaining any fee by fraud or misrepresentation.
(b) Willfully betraying confidences involved in the patient-dentist
relationship.
(c) Employing, aiding, abetting or permitting any unlicensed
personnel to practice dentistry or dental hygiene.
(d) Making use of any advertising statements of a character tending
to deceive or mislead the public or that are untruthful.
(e) Addiction, dependency upon or self-abuse of alcohol or other
drugs.
(f) Obtaining or attempting to obtain a controlled substance in any
manner proscribed by the rules of the board.
(g) Prescribing or dispensing drugs outside the scope of the
practice of dentistry or in a manner that impairs the health and safety
of an individual.
(h) Disciplinary action by a state licensing or regulatory agency
of this or another state regarding a license to practice dentistry,
dental hygiene or any other health care profession when, in the judgment
of the board, the act or conduct resulting in the disciplinary action
bears a demonstrable relationship to the ability of the licensee or
applicant to practice dentistry or dental hygiene in accordance with the
provisions of this chapter. A certified copy of the record of the
disciplinary action is conclusive evidence of the disciplinary action.
(3) The proceedings under this section may be taken by the board
from the matters within its knowledge or may be taken upon the
information of another, but if the informant is a member of the board,
the other members of the board shall constitute the board for the purpose
of finding judgment of the accused.
(4) In determining what constitutes unacceptable patient care, the
board may take into account all relevant factors and practices, including
but not limited to the practices generally and currently followed and
accepted by persons licensed to practice dentistry in this state, the
current teachings at accredited dental schools, relevant technical
reports published in recognized dental journals and the desirability of
reasonable experimentation in the furtherance of the dental arts.
(5) In disciplining a person as authorized by subsection (1) of
this section, the board may use any or all of the following methods:
(a) Suspend judgment.
(b) Place a licensee on probation.
(c) Suspend a license to practice dentistry in this state.
(d) Revoke a license to practice dentistry in this state.
(e) Place limitations on a license to practice dentistry in this
state.
(f) Refuse to renew a license to practice dentistry in this state.
(g) Accept the resignation of a licensee to practice dentistry in
this state.
(h) Assess a civil penalty.
(i) Reprimand a licensee.
(j) Impose any other disciplinary action the board in its
discretion finds proper, including assessment of the costs of the
disciplinary proceedings as a civil penalty.
(6) If the board places any person upon probation as set forth in
subsection (5)(b) of this section, the board may determine and may at any
time modify the conditions of the probation and may include among them
any reasonable condition for the purpose of protection of the public and
for the purpose of the rehabilitation of the probationer or both. Upon
expiration of the term of probation, further proceedings shall be abated
by the board if the person holding the license furnishes the board with
evidence that the person is competent to practice dentistry and has
complied with the terms of probation. If the evidence fails to establish
competence to the satisfaction of the board or if the evidence shows
failure to comply with the terms of the probation, the board may revoke
or suspend the license.
(7) If a license to practice dentistry in this state is suspended,
the person holding the license may not practice during the term of
suspension. Upon the expiration of the term of suspension, the license
shall be reinstated by the board if the board finds, based upon evidence
furnished by the person, that the person is competent to practice
dentistry and has not practiced dentistry in this state during the term
of suspension. If the evidence fails to establish to the satisfaction of
the board that the person is competent or if any evidence shows the
person has practiced dentistry in this state during the term of
suspension, the board may revoke the license after notice and hearing.
(8) Upon receipt of a complaint under this chapter or ORS 680.010
to 680.205, the board shall conduct an investigation as described under
ORS 676.165.
(9) Information that the board obtains as part of an investigation
into licensee or applicant conduct or as part of a contested case
proceeding, consent order or stipulated agreement involving licensee or
applicant conduct is confidential as provided under ORS 676.175.
Notwithstanding ORS 676.165 to 676.180, the board may disclose
confidential information regarding a licensee or an applicant to persons
who may evaluate or treat the licensee or applicant for drug abuse,
alcohol abuse or any other health related conditions.
(10) The board may impose against any person who violates the
provisions of this chapter or ORS 680.010 to 680.205 or rules of the
board a civil penalty of up to $5,000 for each violation. Any civil
penalty imposed under this section shall be imposed in the manner
provided in ORS 183.745.
(11) Notwithstanding the expiration, suspension, revocation or
surrender of the license, or the resignation or retirement of the
licensee, the board may:
(a) Proceed with any investigation of, or any action or
disciplinary proceedings against, the dentist or dental hygienist; or
(b) Revise or render void an order suspending or revoking the
license.
(12)(a) The board may continue with any proceeding or investigation
for a period not to exceed four years from the date of the expiration,
suspension, revocation or surrender of the license, or the resignation or
retirement of the licensee; or
(b) If the board receives a complaint or initiates an investigation
within that four-year period, the board’s jurisdiction continues until
the matter is concluded by a final order of the board following any
appeal.
(13) Withdrawing the application for license does not close any
investigation, action or proceeding against an applicant. [Amended by
1955 c.560 §2; 1961 c.311 §1; 1963 c.284 §8; 1965 c.122 §5; 1971 c.157
§1; 1973 c.554 §1; 1977 c.192 §3a; 1977 c.745 §51; 1979 c.142 §1; 1979
c.744 §53a; 1981 c.185 §2; 1983 c.169 §11; 1985 c.323 §6; 1991 c.734 §73;
1995 c.199 §2; 1997 c.791 §25; 1999 c.253 §1; 1999 c.578 §1; 2003 c.83 §5] (1) Any licensee who has been
disciplined by the Oregon Board of Dentistry may obtain judicial review
of the decision in the manner prescribed by ORS chapter 183.
(2) Notwithstanding ORS 676.210, enforcement of the board’s
disciplinary order pending appeal shall be determined pursuant to ORS
183.482 (3). [Amended by 1961 c.311 §3; 1967 c.282 §3; 1973 c.390 §6;
1977 c.192 §4; 1979 c.744 §54; 1983 c.169 §13; 1995 c.199 §3; 2003 c.83
§6]
The entry of a judgment by any court establishing the mental disorder of
any person holding a license under this chapter operates as a suspension
of such license. Such person may resume practice only upon a finding by
the Oregon Board of Dentistry that the licensee has been declared
restored to mental competence by an order of a court of competent
jurisdiction. [1957 c.552 §3; 1999 c.59 §202; 2003 c.576 §542] No person shall:
(1) Sell or barter, or offer to sell or barter, any diploma or
document conferring or purporting to confer any dental degree, or any
certificate or transcript made or purporting to be made, pursuant to the
laws regulating the license and registration of dentists.
(2) Purchase or procure by barter, any such diploma, certificate or
transcript, with intent that it be used as evidence of the holder’s
qualification to practice dentistry, or in fraud of the laws regulating
such practice.
(3) With fraudulent intent, alter in a material regard any such
diploma, certificate or transcript.
(4) Use or attempt to use any such diploma, certificate or
transcript, which has been purchased, fraudulently issued, counterfeited
or materially altered, either as a license or color of license to
practice dentistry, or in order to procure registration as a dentist.
(5) Willfully make a false written or recorded oral statement to
the Oregon Board of Dentistry in a material regard.
(6) Within 10 days after demand made by the board, fail to respond
to the board’s written request for information or fail to furnish to the
board the name and address of all persons practicing or assisting in the
practice of dentistry in the office of such person at any time within 60
days prior to the notice, together with a sworn statement showing under
and by what license or authority such person and employee are and have
been practicing dentistry.
(7) Employ or use the services of any unlicensed person, to
practice dentistry or dental hygiene, except as permitted by ORS 679.025,
679.176 and 680.010 to 680.205. [Amended by 1963 c.284 §10; 1977 c.192
§5; 1981 c.185 §3; 1983 c.169 §14; 1995 c.199 §4; 1999 c.578 §2] (1) No
dentist may use the services of any person, not licensed to practice
dentistry in this state, to construct, alter, repair, reline, reproduce
or duplicate any prosthetic denture, bridge, appliance or any other
structure to be worn in the human mouth, unless the dentist first
furnishes to such person a written work order, in substantially the
following form:
___________________________________________________________________________
___
(Date)______, 2___TO: (Name of dental technician or laboratory with address)RE: (Name or number of patient)
(Description of the work to be done, including diagrams if
necessary, together with specifications of the type of materials to be
used.)
(Name of ordering dentist)
(Address) ______
(Current license number) ___
___________________________________________________________________________
___
(2) A duplicate copy of each such work order issued by the dentist
shall be retained by each dentist for not less than two years. The Oregon
Board of Dentistry or its agents shall be permitted to inspect, upon
demand, the duplicate copies of all such work orders retained by each
dentist.
(3) No work order shall permit or require the taking of impressions
of any part of the human oral cavity by any person not a dentist licensed
by the board. [1963 c.284 §15] (1) The district attorney of
each county shall attend to the prosecution of all criminal complaints
made under this chapter and may represent the Oregon Board of Dentistry
in any proceeding brought pursuant to ORS 679.027 upon a complaint,
information or indictment filed against any person under this chapter, or
upon request of the board. However, nothing in this chapter shall be
construed to prevent the prosecution of any person for violation of this
chapter upon the information of the district attorney directly or,
subject to the requirements of ORS 676.175, to prevent assistance being
rendered to the district attorney by an employee of the board.
(2) Nothing contained in this chapter shall be construed to require
the district attorney to prosecute any person who is licensed by the
board and who is subject to disciplinary action directly by the board
under any provision of this chapter or ORS 680.010 to 680.205. [Amended
by 1963 c.284 §11; 1967 c.282 §4; 1977 c.192 §6; 1983 c.169 §15; 1997
c.791 §26]OREGON BOARD OF DENTISTRYThe Oregon Board of Dentistry
shall consist of nine members. A member shall be appointed to the board
by the Governor upon the expiration of the term of office of each of the
preceding board members. Appointments to the board by the Governor are
subject to confirmation by the Senate in the manner provided in ORS
171.562 and 171.565. Each member shall hold the office for four years and
until the member’s successor is appointed and qualified. Terms of office
begin on the first Monday of April after the time of appointment. No
person is eligible to membership on the board who is not a citizen of the
United States or a resident of the State of Oregon. Six members shall be
Oregon active licensed dentists, of which at least one shall be a dentist
practicing in a dental specialty recognized by the American Dental
Association, one member shall be a public member and two members shall be
Oregon active licensed dental hygienists. Appointments of dentists made
by the Governor to the Oregon Board of Dentistry may be selected by the
Governor from a list of five names for each appointment suggested by the
Oregon Dental Association. Appointments of dental hygienists made by the
Governor to the Oregon Board of Dentistry may be selected by the Governor
from a list of five names suggested by the Oregon Dental Hygienists’
Association. Appointments of dental specialists by the Governor to the
Oregon Board of Dentistry may be selected by the Governor from one name
suggested by each of the organizations representing a dental specialty.
Members are entitled to compensation and expenses as provided in ORS
292.495. [Amended by 1963 c.284 §12; 1969 c.314 §82; 1971 c.650 §30; 1973
c.792 §36; 1977 c.747 §1; 1983 c.169 §16; 1991 c.955 §1; 2003 c.83 §7] The powers and duties of
the Oregon Board of Dentistry are as follows:
(1) To, during the month of April of each year, organize and elect
from its membership a president who shall hold office for one year, or
until the election and qualification of a successor. The board shall
appoint an administrative officer who shall discharge such duties as the
board shall, from time to time, prescribe.
(2) To authorize all necessary disbursements to carry out the
provisions of this chapter, including but not limited to, payment for
necessary supplies, office equipment, books and expenses for the conduct
of examinations, payment for legal and investigative services rendered to
the board, and such other expenditures as are provided for in this
chapter.
(3) To employ such inspectors, examiners, special agents,
investigators, clerical assistants, assistants and accountants as are
necessary for the investigation and prosecution of alleged violations and
the enforcement of this chapter and for such other purposes as the board
may require. Nothing in this chapter shall be construed to prevent
assistance being rendered by an employee of the board in any hearing
called by it. However, all obligations for salaries and expenses incurred
under this chapter shall be paid from the fees accruing to the board
under this chapter and not otherwise.
(4)(a) To conduct examinations of applicants for license to
practice dentistry and dental hygiene at least twice in each year.
(b) In conducting examinations for licensure, the board may enter
into a compact with other states for conducting regional examinations
with other board of dental examiners concerned, or by a testing service
recognized by such boards.
(5) To meet for the transaction of other business at the call of
the president. A majority of board members shall constitute a quorum. A
majority vote of those present shall be a decision of the entire board.
The board’s proceedings shall be open to public inspection in all matters
affecting public interest.
(6) To keep an accurate record of all proceedings of the board and
of all its meetings, of all receipts and disbursements, of all
prosecutions for violation of this chapter, of all examinations for
license to practice dentistry, with the names and qualifications for
examination of any person examined, together with the addresses of those
licensed and the results of such examinations, a record of the names of
all persons licensed to practice dentistry in Oregon together with the
addresses of all such persons having paid the license fee prescribed in
ORS 679.120 and the names of all persons whose license to practice has
been revoked or suspended.
(7) To make and enforce rules necessary for the procedure of the
board, for the conduct of examinations, for regulating the practice of
dentistry, and for regulating the services of dental hygienists and
dental auxiliary personnel not inconsistent with the provisions of this
chapter. As part of such rules, the board may require the procurement of
a permit or other certificate. Any permit issued may be subject to
periodic renewal. In adopting rules, the board shall take into account
all relevant factors germane to an orderly and fair administration of
this chapter and of ORS 680.010 to 680.205, the practices and materials
generally and currently used and accepted by persons licensed to practice
dentistry in this state, dental techniques commonly in use, relevant
technical reports published in recognized dental journals, the curriculum
at accredited dental schools, the desirability of reasonable
experimentation in the furtherance of the dental arts, and the
desirability of providing the highest standard of dental care to the
public consistent with the lowest economic cost.
(8) Upon its own motion or upon any complaint, to initiate and
conduct investigations of and hearings on all matters relating to the
practice of dentistry, the discipline of licensees, or pertaining to the
enforcement of any provision of this chapter. In the conduct of
investigations or upon the hearing of any matter of which the board may
have jurisdiction, the board may take evidence, administer oaths, take
the depositions of witnesses, including the person charged, in the manner
provided by law in civil cases, and compel their appearance before it in
person the same as in civil cases, by subpoena issued over the signature
of an employee of the board and in the name of the people of the State of
Oregon, require answers to interrogatories, and compel the production of
books, papers, accounts, documents and testimony pertaining to the matter
under investigation or to the hearing. In all investigations and
hearings, the board and any person affected thereby may have the benefit
of counsel, and all hearings shall be held in compliance with ORS chapter
183. Notwithstanding ORS 676.165, 676.175 and 679.320, if a licensee who
is the subject of an investigation or complaint is to appear before
members of the board investigating the complaint, the board shall provide
the licensee with a current summary of the complaint or the matter being
investigated not less than five days prior to the date that the licensee
is to appear. At the time the summary of the complaint or the matter
being investigated is provided, the board shall provide to the licensee a
current summary of documents or alleged facts that the board has acquired
as a result of the investigation. The name of the complainant or other
information that reasonably may be used to identify the complainant may
be withheld from the licensee.
(9) To require evidence as determined by rule of continuing
education or to require satisfactory evidence of operative competency
before reissuing or renewing licenses for the practice of dentistry or
dental hygiene.
(10) To adopt and enforce rules regulating administration of
general anesthesia and conscious sedation by a dentist or under the
supervision of a dentist in the office of the dentist. As part of such
rules, the board may require the procurement of a permit which must be
periodically renewed.
(11) To order an applicant or licensee to submit to a physical
examination, mental examination or a competency examination when the
board has evidence indicating the incapacity of the applicant or licensee
to practice safely. [Amended by 1953 c.8 §2; 1957 c.552 §8; 1963 c.284
§13; 1965 c.122 §7; 1973 c.390 §7; 1973 c.829 §64; 1977 c.192 §7; 1983
c.169 §17; 1985 c.323 §7; 1989 c.338 §10; 1999 c.578 §3; 1999 c.751 §6] For the purpose
of requesting a state or nationwide criminal records check under ORS
181.534, the Oregon Board of Dentistry may require the fingerprints of a
person who:
(1) Is employed or applying for employment by the board in a
position in which the person has or will have access to information that
is made confidential under state or federal laws, rules or regulations;
(2) Provides services or seeks to provide services to the board as
a contractor, vendor or volunteer in a position in which the person has
or will have access to information that is made confidential under state
or federal laws, rules or regulations;
(3) Is applying for a license or permit that is issued by the board;
(4) Is applying for renewal of a license or permit that is issued
by the board; or
(5) Is under investigation by the board. [2005 c.730 §54]Note: 679.253 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 679 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.The Board of Medical Examiners for the State of Oregon
and the Oregon State Board of Nursing, in consultation with the Oregon
Board of Dentistry, shall adopt rules establishing standards governing
their respective licensees for general anesthesia and conscious sedation
administered in conjunction with the professional services of a dentist
or dental hygienist. [1985 c.323 §13](1) The Oregon Board of Dentistry Account is established in the
State Treasury separate and distinct from the General Fund.
(2) All moneys received by the Oregon Board of Dentistry under this
chapter shall be paid to the State Treasury and credited to the Oregon
Board of Dentistry Account. Any interest or other income derived from
moneys paid into the account shall be credited monthly to the account.
(3) Moneys in the Oregon Board of Dentistry Account are
appropriated continuously and shall be used only for the administration
and enforcement of ORS 680.010 to 680.205 and this chapter.
(4) All fines imposed and collected under this chapter shall be
paid into the treasury of the county in which the suits, actions or
proceedings were commenced. All money thus paid into the treasury, over
and above the amount necessary to reimburse the county for any expense
incurred by the county, in any suit, action or proceeding brought under
this chapter, shall be paid before January 1 of each year, into the State
Treasury and placed to the credit of the Oregon Board of Dentistry
Account and such moneys hereby are continuously appropriated and shall be
used only for the administration and enforcement of ORS 680.010 to
680.205 and this chapter.
(5) Ten percent of the annual license fee to be paid by each
licensee of the Oregon Board of Dentistry shall be used by the board to
ensure the continued professional competence of licensees. Such
activities shall include the development of performance standards and
professional peer review. [Amended by 1957 c.552 §5; 1967 c.19 §3; 1967
c.282 §5; 1969 c.314 §103; 1973 c.427 §21; 1977 c.192 §8; 1977 c.747 §2;
2003 c.83 §8](1) The Oregon Board
of Dentistry may appoint a consultant or a committee or committees, each
consisting of one or more licensed dentists in this state, to study and
report to the board the condition of and dental treatment rendered to any
person or persons by any licensed dentist or dentists in this state or by
any person purporting to practice dentistry in this state. Any person,
hospital, sanatorium, professional grievance committee, nursing or rest
home or other organization may, subject to the laws governing privileged
or confidential communications, provide information, interviews, reports,
statements, memoranda or other data relating to the condition and
treatment of any person to the consultant or committee or to the board,
to be used in the course of any study for the purpose of improving the
standards of dental practice or to enable the board to assess the
desirability of disciplinary action relating thereto; and no liability of
any kind or character for damages or other relief shall arise or be
enforced against the person or organization by reason of having provided
the information or material, or arise or be enforced against any
consultant or member of the committee by reason of having released or
published the findings and conclusions of the consultants or committees
to advance dental science and dental education, or by reason of having
released or published generally a summary of those studies. When used by
the board to assess the desirability of disciplinary action, the
testimony given to and the proceedings, reports, statements, opinions,
findings and conclusions of the consultants and committees and the board
shall be confidential as provided under ORS 676.175, but this shall not
preclude the use of the subpoena power with respect to the actual records
of dentists, patients, hospitals, sanitaria, nursing or rest homes.
(2) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any consultant or member
of a duly appointed committee for any act or proceeding undertaken or
performed within the scope of the functions of that consultant or
committee, if the consultant or committee member acts without malice, has
made a reasonable effort to obtain the facts of the matter on which the
consultant or committee member acts, and acts in a reasonable belief that
the action taken is warranted by the facts known to the consultant or
committee member after that reasonable effort to obtain the facts. [1965
c.122 §2; 1977 c.192 §9; 1997 c.791 §27] (1) If a
person fails to comply with any subpoena issued under ORS 679.250 (8), a
judge of the circuit court of any county, on application of the
administrative officer of the Oregon Board of Dentistry, shall compel
obedience by proceedings for contempt as in the case of disobedience of
the requirements of a subpoena issued from the circuit court.
(2) In any proceeding under subsection (1) of this section and
where the subpoena is addressed to a licensee of the board it shall not
be a defense that:
(a) No witness or mileage fee was paid; or
(b) The material that is subject to the subpoena is protected under
a patient and dentist privilege. [1983 c.169 §31](1) All data shall be privileged and shall not be
admissible in evidence in any judicial proceeding, but this section shall
not affect the admissibility in evidence of a party’s records dealing
with a party’s care and treatment.
(2) A person serving on or communicating information to a committee
described in subsection (4) of this section shall not be examined as to
any communication to that committee or the findings thereof.
(3) A person serving on or communicating to a committee described
in subsection (4) of this section shall not be subject to an action for
civil damages for affirmative actions taken or statements made in good
faith.
(4) As used in subsection (1) of this section, “data” means written
reports, notes or records of peer review committees or other committees
and similar committees of professional societies in connection with
training, supervision or discipline of dentists. The term also includes
written reports, notes or records of utilization review and professional
standards review organization. [1983 c.169 §33]Note: 679.300 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 679 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
(1) Any dentist or dental hygienist, any person licensed by the Oregon
Board of Dentistry, the Oregon Dental Association or any other
organization representing dentists or dental hygienists shall, and any
other person may, report to the board any suspected violation of this
chapter or ORS 680.010 to 680.205 or any rule adopted pursuant to either.
This section is not intended to require any person working on or with the
Oregon Dental Association’s Dentist Well Being Committee or Peer Review
Committee or the Quality Assurance or Peer Review Committee of the Oregon
Dental Hygienists’ Association to report to the board any confidential
information received within the scope of duties with that committee.
(2) No person who has made a complaint as to the conduct of a
licensee of the board or who has given information or testimony relative
to a proposed or pending proceeding for misconduct against the licensee
of the board, shall be answerable for any such act in any proceeding
except for perjury. [1985 c.323 §11; 1999 c.578 §4](1) Any information provided to the Oregon Board
of Dentistry as the basis of a complaint or in the investigation thereof
shall not be subject to public disclosure during the period of
investigation.
(2) Any person who reports or provides information to the board and
who does so in good faith shall not be subject to an action for civil
damages as a result thereof. [1985 c.323 §12]MISCELLANEOUS(1) A dentist licensed to practice dentistry in this state may
administer local anesthesia to a person for the purposes of receiving
permanent lip color from a licensed permanent color technician and tattoo
artist or having permanent hair removal in the lip area from a licensed
electrologist.
(2) Prior to administering local anesthesia for the purposes
authorized under subsection (1) of this section, the dentist must:
(a) Receive a written order from a licensed permanent color
technician and tattoo artist or a licensed electrologist;
(b) Obtain a current health history from and perform an oral
examination of the person who will receive the anesthesia; and
(c) Establish and maintain a patient record in accordance with
rules adopted by the Oregon Board of Dentistry.
(3) The Oregon Board of Dentistry shall adopt rules authorizing a
dentist licensed to practice dentistry in Oregon to administer local
anesthesia for the purposes of tattooing human lips or having permanent
hair removal in the lip area by a licensed permanent color technician and
tattoo artist or a licensed electrologist licensed under ORS 690.350 to
690.430. [1999 c.578 §10; 2003 c.187 §1](1) For the purposes of this section, “retired dentist” means a
person who is retired from active practice except for the practice of
dentistry without remuneration as a volunteer.
(2) Subject to availability of funding, the Oregon Department of
Administrative Services shall establish a program to purchase and
maintain liability insurance for retired dentists. Insurance provided
under the program shall be acquired through contracts with liability
insurers that are authorized to offer liability malpractice insurance in
this state. Insurance shall be provided under the program only if:
(a) Dental services by the retired dentist will be provided through
nonprofit corporations offering community services;
(b) Dental services provided by the retired dentist will be offered
to low-income patients based on ability to pay; and
(c) The retired dentist will receive no compensation for the dental
services provided, except for reimbursement for laboratory fees, testing
services and other out-of-pocket expenses.
(3) This section does not impose any liability on the state, or on
the officers, employees and agents of the state, for any civil or
criminal action against a retired dentist insured under the program
established under subsections (1) to (5) of this section.
(4) The department shall monitor the claims experience of retired
dentists insured through the program established under subsections (1) to
(5) of this section. The department may impose any risk management
requirements that the department deems appropriate as a condition of
providing liability insurance under the program.
(5) The department shall provide insurance under subsection (2) of
this section only to the extent that funds are appropriated to the
department for the purposes of funding the program established under
subsections (1) to (5) of this section.
(6) The Oregon Department of Administrative Services may by rule
establish any conditions considered necessary by the department before
providing liability insurance for a retired dentist under the program
established by subsections (1) to (5) of this section. [1999 c.1016
§§1,2; 2001 c.104 §261]Note: 679.510 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 679 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.PENALTIES(1) Violation of any provision of ORS 679.020 or
679.025 (1), is a Class A misdemeanor.
(2) Violation of ORS 679.170 or 679.176 is a Class B misdemeanor.
(3) In the event of a second or subsequent conviction under
subsection (1) of this section, it is mandatory upon the part of the
court to sentence the convicted person to imprisonment in the county jail
for not less than 10 days in addition to the maximum fine or imprisonment
permitted.
(4) In any prosecution for violation of subsection (1) or (2) of
this section, it shall be sufficient to sustain a conviction to show a
single act of conduct in violation of any of the provisions of this
chapter and it shall not be necessary to show a general course of such
conduct. [1957 c.552 §7 (enacted in lieu of 679.990); 1963 c.284 §16;
1971 c.743 §407; 1973 c.390 §8; 1977 c.192 §10; 1985 c.323 §15]
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