justicedao/ipfs_state_laws huggingface dataset:
818-005-0050 Criminal Records Check for Employees, Volunteers and Applicants (1) The Board may require a criminal records check and fitness determination for Board employees, volunteers or applicants for employment with the Board. (2) Criminal records checks and fitness determinations are conducted pursuant to ORS 181A.170 to 181A.215 and OAR 125-007-0200 to 125-007-0310. (a) To complete the criminal records check and fitness determination, the Board may require additional information from the employee, volunteer or applicant, such as, but not limited to, proof of identity or additional criminal, judicial or other background information. (b) If the employee, volunteer or applicant has potentially disqualifying criminal offender information, the Board will consider factors listed in ORS 181A.195 before making a fitness determination. (c) An approved fitness determination does not guarantee employment. (d) An incomplete fitness determination does not entitle the employee, volunteer or applicant the right to appeal under OAR 125-007-0300. (3) Pursuant to ORS 181A.195, 676.175, and OAR 125-007-0310, information obtained in the criminal records check is confidential and will not be disseminated by the Board except to persons with a demonstrated and legitimate need to know the information. (4) The Board may charge a fee to the employee, volunteer or applicant for the criminal records check. The fee will not exceed the fee charged the Board by the OSP and the FBI to obtain such information. Statutory/Other Authority: ORS 181A.195 & 676.303 Statutes/Other Implemented: ORS 181A.170, 181A.195, 181A215, 676.175, 676.303 & 679.250 History: OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
818-012-0006 Qualifications - Administration of Vaccines (1) A dentist may administer vaccines to a patient of record. (2) A dentist may administer vaccines under Section (1) of this rule only if: (a) The dentist has completed a course of training approved by the Board; and (b) The vaccines are administered in accordance with the “Model Standing Orders” approved by the Oregon Health Authority (OHA). (3) The dentist may not delegate the administration of vaccines to another person. Statutory/Other Authority: ORS 679 History: OBD 2-2019, adopt filed 10/29/2019, effective 01/01/2020
818-012-0007 Procedures, Record Keeping and Reporting of Vaccines (1) Prior to administering a vaccine to a patient of record, the dentist must follow the “Model Standing Orders” approved by the Oregon Health Authority (OHA) for administration of vaccines and the treatment of severe adverse events following administration of a vaccine. (2) The dentist must maintain written policies and procedures for handling and disposal of used or contaminated equipment and supplies. (3) The dentist or designated staff must give the appropriate Vaccine Information Statement (VIS) to the patient or legal representative with each dose of vaccine covered by these forms. The dentist or designated staff must ensure that the patient or legal representative is available and has read, or has had read to them, the information provided and has had their questions answered prior to the dentist administering the vaccine. The VIS given to the patient must be the most current statement. (4) The dentist or designated staff must document in the patient record: (a) The date and site of the administration of the vaccine; (b) The brand name, or NDC number, or other acceptable standardized vaccine code set, dose, manufacturer, lot number, and expiration date of the vaccine; (c) The name or identifiable initials of the administering dentist; (d) The address of the office where the vaccine(s) was administered unless automatically embedded in the electronic report provided to the OHA ALERT Immunization System; (e) The date of publication of the VIS; and (f) The date the VIS was provided and the date when the VIS was published. (5) If providing state or federal vaccines, the vaccine eligibility code as specified by the OHA must be reported to the ALERT system. (6) A dentist who administers any vaccine must report, the elements of Section (3), and Section (4) of this rule if applicable, to the OHA ALERT Immunization System within 14 days of administration. (7) The dentist must report adverse events as required by the Vaccine Adverse Events Reporting System (VAERS), to the Oregon Board of Dentistry within 10 business days and to the primary care provider as identified by the patient. (8) A dentist who administers any vaccine will follow storage and handling guidance from the vaccine manufacturer and the Centers for Disease Control and Prevention (CDC). (9) Dentists who do not follow this rule can be subject to discipline for failure to adhere to these requirements. Statutory/Other Authority: ORS 679 Statutes/Other Implemented: ORS 679 History: OBD 1-2023, amend filed 06/20/2023, effective 07/01/2023 OBD 2-2019, adopt filed 10/29/2019, effective 01/01/2020
818-012-0015 Licensee to Notify Board of Certain Events Licensees shall report to the Board incidents of mortality that occur in the course of the licensee’s practice. (1) The licensee performing the dental procedure must submit a written detailed report to the Board within five working days of the incident along with the patient's complete original dental records. The detailed report(s) must include: (a) Name, age and address of patient; (b) Name of the licensee and other persons present during the incident; (c) Address where the incident took place; (d) Type of anesthesia and dosages of drugs administered to the patient; and (e) A narrative description of the incident including approximate times and evolution of symptoms. (2) Reports filed with the Board under this rule are confidential and are only subject to public disclosure pursuant to ORS 192.502(2). Statutory/Other Authority: ORS 679 & 680 Statutes/Other Implemented: ORS 679.250(7) History: OBD 10-2001, f. & cert. ef. 1-8-01
818-012-0020 Additional Methods of Discipline for Unacceptable Patient Care In addition to other discipline, the Board may order a licensee who engaged in or permitted unacceptable patient care to: (1) Make restitution to the patient in an amount to cover actual costs in correcting the unacceptable care. (2) Refund fees paid by the patient with interest. (3) Complete a Board-approved course of remedial education. (4) Discontinue practicing in specific areas of dentistry, dental therapy or hygiene. (5) Practice under the supervision of another licensee. Statutory/Other Authority: ORS 679 & 680 Statutes/Other Implemented: ORS 679.140(5)(h) & 680.100 History: OBD 1-2022, amend filed 06/21/2022, effective 07/01/2022 DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-001-0045 DE 1-1988, f. 12-28-88, cert. ef. 2-1-89 DE 3-1986, f. & ef. 3-31-86
818-012-0032 Diagnostic Records (1) Licensees shall provide duplicates of physical diagnostic records to patient or patient's guardian within 14 calendar days of receipt of written request. (a) Physical records include: (A) Legible copies of paper charting and chart notes, and; (B) Duplicates of silver emulsion radiographs of the same quality as the originals, duplicates of physical study models, and photographs if they have been paid for. (b) Licensees may require the patient or patient’s guardian to pay in advance the fee reasonably calculated to cover costs of making the copies or duplicates. (2) Licensee may charge a fee not to exceed $30 for copying 10 or fewer pages of written material and no more than $0.50 per page for 11-50 and no more than $0.25 for each additional page, including cost of microfilm plus any postage costs to mail copies requested and actual costs of preparing an explanation or summary of information, if requested. The actual costs of duplicating radiographs may also be charged to the patient. (3) Licensees shall provide duplicates of digital patient records within 14 calendar days of receipt of written request by the patient or patient's guardian. (a) Digital records include any patient diagnostic image, study model, test result or chart record in digital form. (b) Licensees may require the patient or patient’s guardian to pay for the typical retail cost of the digital storage device, such as a CD, thumb drive, or DVD as well as associated postage. (c) Licensees shall not charge any patient or patient’s guardian to transmit requested digital records over email if total records do not exceed 25 Mb. (d) Licensees may charge up to $5 for duplication of digital records up to 25Mb and up to $30 for more than 25Mb. (e) Any transmission of patient records shall be in compliance with the Health Insurance Portability and Accountability Act (HIPAA Act) and the Health Information Technology for Economic and Clinical Health Act (HITECH Act). (f) Duplicated digital records shall be of the same quality as the original digital file. (4) If a records summary is requested by patient or patient’s guardian, the actual cost of creating this summary and its transmittal may be billed to the patient or patient’s guardian. (5) Patient records or summaries may not be withheld from the patient because of any prior unpaid bills, except as provided in (1)(a)(B) of this rule. Statutory/Other Authority: ORS 679 Statutes/Other Implemented: ORS 679 History: OBD 1-2023, amend filed 06/20/2023, effective 07/01/2023 OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17
818-012-0040 Infection Control Guidelines In determining what constitutes unacceptable patient care with respect to infection control, the Board may consider current infection control guidelines such as those of the Centers for Disease Control and Prevention and the American Dental Association. (1) Additionally, licensees must comply with the following requirements: (a) Disposable gloves shall be worn whenever placing fingers into the mouth of a patient or when handling blood or saliva contaminated instruments or equipment. Appropriate hand hygiene shall be performed prior to gloving. (b) Masks and protective eyewear or chin-length shields shall be worn by licensees and other dental care workers when spattering of blood or other body fluids is likely. (c) Between each patient use, instruments or other equipment that come in contact with body fluids shall be sterilized. (d) Environmental surfaces that are contaminated by blood or saliva shall be disinfected with a chemical germicide which is mycobactericidal at use. (e) Impervious backed paper, aluminum foil, or plastic wrap may be used to cover surfaces that may be contaminated by blood or saliva and are difficult or impossible to disinfect. The cover shall be replaced between patients. (f) All contaminated wastes and sharps shall be disposed of according to any governmental requirements. (2) Licensees must comply with the requirement that heat sterilizing devices shall be tested for proper function by means of a biological monitoring system that indicates micro-organisms kill each calendar week in which scheduled patients are treated. Testing results shall be retained by the licensee for the current calendar year and the two preceding calendar years. Statutory/Other Authority: ORS 679.120, 679.250(7), 680.075 & 680.150 Statutes/Other Implemented: ORS 679.140, 679.140(4) & 680.100 History: OBD 2-2018, amend filed 10/04/2018, effective 01/01/2019 OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17 OBD 1-2014, f. 7-2-14, cert. ef. 8-1-14 OBD 3-2013, f. 10-24-13, cert. ef. 1-1-14 OBD 1-2008, f. 11-10-08, cert. ef. 12-1-08 OBD 1-2004, f. 5-27-04, cert. ef. 6-1-04 DE 2-1992, f. & cert. ef. 6-24-92 DE 1-1989, f. 1-27-89, cert. ef. 2-1-89 DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
818-012-0060 Failure to Cooperate with Board (1) No licensee shall: (a) Fail to report to the Board violations of the Dental Practice Act. (b) Use threats or harassment to delay or obstruct any person in providing evidence in any investigation, contested case, or other legal action instituted by the Board. (c) Discharge an employee based primarily on the employee's attempt to comply with or aid in the compliance with the Dental Practice Act. (d) Use threats or harassment to obstruct or delay the Board in carrying out its functions under the Dental Practice Act. (e) Deceive or attempt to deceive the Board with respect to any matter under investigation including altering or destroying any records. (f) Make an untrue statement on any document, letter, or application submitted to the Board. (g) Fail to temporarily surrender custody of original patient records to the Board when the Board makes a written request for the records. For purposes of this rule, the term records includes, but is not limited to, the jacket, treatment charts, models, radiographs, photographs, health histories, billing documents, correspondence and memoranda. (h) Fail to cooperate with the Board during the course of an investigation. (2) No applicant shall: (a) Deceive or attempt to deceive the Board with respect to any matter under investigation including altering or destroying any records. (b) Make an untrue statement on any document, letter, or application submitted to the Board. (c) Fail to cooperate with the Board during the course of an investigation. Statutory/Other Authority: ORS 679 & 680 Statutes/Other Implemented: ORS 679.060(4), 679.170(5), 679.250(8), 679.290, 679.310(1), 680.050(4) & 680.100 History: OBD 2-2016, f. 11-2-16, cert. ef. 3-1-17 OBD 1-2008, f. 11-10-08, cert. ef. 12-1-08 DE 2-1997, f. & cert. ef. 2-20-97 DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-011-0050 DE 1-1988, f. 12-28-88, cert. ef. 2-1-89 DE 9-1984, f. & cert. ef. 5-17-84
818-012-0075 Administration of Local Anesthesia — Lip Color Procedures A dentist licensed in Oregon may administer local anesthesia to a person who proposes to receive permanent lip color and/or permanent hair removal in the lip area from a permanent color technician/tattoo artist or an electrologist licensed under ORS 690.350 to 690.430. Prior to the administration of local anesthesia for this purpose, the licensed dentist shall: (1) Receive a written order from a licensed permanent color technician/tattoo artist or a licensed electrologist, which shall be maintained in the patient record; (2) Obtain a current health history; (3) Perform an oral examination; and (4) Create and maintain a patient record as required by OAR 818-012-0070. Statutory/Other Authority: ORS 679 Statutes/Other Implemented: ORS 679.500 History: OBD 1-2004, f. 5-27-04, cert. ef. 6-1-04 OBD 6-2000, f. 6-22-00, cert. ef. 7-1-00
818-012-0080 Improper Prescription Practices (1) In conjunction with dental treatment, a dentist may prescribe, dispense, or administer medications relevant to the care being provided. (2) It is improper to prescribe or dispense drugs outside the scope of the practice of dentistry or in a manner that impairs the health and safety of an individual including: (a) Prescribing or dispensing drugs in such amounts as to constitute a departure from the prevailing standards of acceptable dental practice; and (b) Prescribing or dispensing controlled substances for persons who are not patients of record in the dentist's practice unless the dentist is acting on behalf of the dentist of record. Statutory/Other Authority: ORS 679 & 680 Statutes/Other Implemented: ORS 679.140(2)(h) & 680.100 History: OBD 13-2001, f. & cert. ef. 4-18-01 DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-011-0070 DE 1-1988, f. 12-28-88, cert. ef. 2-1-89 DE 9-1984, f. & cert. ef. 5-17-84
818-012-0090 Obtaining Controlled Substances (1) No licensee shall obtain or attempt to obtain any controlled substance by any misrepresentation or subterfuge. (2) No licensee shall prescribe any controlled substance for the licensee’s personal consumption. (3) No licensee shall purchase any controlled substance for the licensee’s personal consumption other than by prescription from a licensed practitioner in conjunction with treatment to the licensee. Statutory/Other Authority: ORS 679 & 680 Statutes/Other Implemented: ORS 679.140(2)(g) & 680.100 History: DE 1-1989, f. 1-27-89, cert. ef. 2-1-89 DE 1-1988, f. 12-28-88, cert. ef. 2-1-89
818-012-0100 Controlled Substances Record Keeping Requirements (1) Each dentist shall have a current and constant inventory of all controlled substances. (2) Each time a dentist dispenses any drug listed on Schedule II of the Drug Abuse Prevention and Control Act, 21 U.S.C., Sec 812, the dentist shall record the following information on a readily retrievable record of dispensing maintained separate from patient records: (a) Name of each patient; (b) Name, strength, and quantity of the drug dispensed; and (c) Date the drug was dispensed. (3) Each dentist shall: (a) Maintain a record of any controlled substance lost, destroyed, or stolen which shall include the name and quantity of the controlled substance and the date of such loss, destruction or theft; and (b) Report the loss, destruction, or theft to the United States Drug Enforcement Administration regional office. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 679 Statutes/Other Implemented: ORS 679.140(2)(g) & 679.140(2)(h) History: DE 1-1989, f. 1-27-89, cert. ef. 2-1-89, Renumbered from 818-011-0100 DE 1-1988, f. 12-28-88, cert. ef. 2-1-89 DE 9-1984, f. & ef. 5-17-84
818-012-0110 Extension of Authority to Operate a Dental Practice (1) Upon the death or disability of a shareholder dentist, the administrator, executor, personal representative, guardian, conservator or receiver of the former dentist shareholder shall notify the Board in writing of the management arrangement for the dental practice. (2) At least 30 days prior to the expiration of an initial 12-month period following the creation of an ownership interest described in ORS 679.020(7), the administrator, executor, personal representative, guardian, conservator or receiver of the former dentist shareholder shall submit to the Board a written request for extension of authority to continue maintaining and operating a dental practice. One 12-month extension (for a total of 24 months) shall be automatically granted. (3) Any request for extension beyond 24 months shall be submitted in writing to the Board at least 60 days prior to the expiration of the 24-month period. The Board on a case-by-case basis shall review such requests. Statutory/Other Authority: ORS 679 Statutes/Other Implemented: ORS 679.020 History: OBD 1-2004, f. 5-27-04, cert. ef. 6-1-04
818-012-0120 Compliance with Governor's Executive Orders (1) During a declared emergency, unprofessional conduct includes failing to comply with any applicable provision of a Governor’s Executive Order or any provision of this rule. (2) Failing to comply as described in subsection (1) includes, but is not limited to: (a) Operating a business required by an Executive Order to be closed under any current Executive Order. (b) Providing services at a business required by an Executive Order to be closed under any current Executive Order. (c) Failing to comply with Oregon Health Authority (OHA) guidance implementing an Executive Order, including but not limited to: (A) Failing to satisfy required criteria in OHA guidance prior to resuming elective and non-emergent procedures; (B) Failing to implement a measured approach when resuming elective and nonemergent procedures in accordance with OHA guidance; (d) Failing to comply with any Board of Dentistry guidance implementing an Executive Order; (3) No disciplinary action or penalty action shall be taken under this rule if the Executive Order alleged to have been violated is not in effect at the time of the alleged violation. (4) Penalties for violating this rule include: up to $5,000 per violation pursuant to ORS 679.140(10). Any such penalties shall be imposed in accordance with ORS 679.140. Statutory/Other Authority: ORS 679 Statutes/Other Implemented: ORS 679 History: OBD 1-2021, adopt filed 11/08/2021, effective 01/01/2022
818-013-0005 Participation in Health Professionals’ Services Program (1) Effective July 1, 2010, the Board participates in the Health Professionals’ Services Program (HPSP). (a) The Board establishes procedures to process cases of licensees preparatory to transfer to HPSP. (b) The procedures will be confidential, non-disciplinary, and voluntary. (c) The Executive Director will have overall management responsibilities for the procedures. The Executive Director will designate Board staff to serve as Diversion Coordinator(s) who will manage and conduct investigations and report to the Board. (d) The Diversion Coordinator(s) will investigate information related to addiction to, dependence upon, or abuse of alcohol, drugs, or mind altering substances or mental health disorders, by licensees and provide licensees with resources for evaluations, if appropriate. (2) Only licensees of the Board who meet the referral criteria may be referred by the Board to the HPSP. (a) The Board may refer a licensee to the HPSP in lieu of public discipline. (b) In the event a licensee declines to submit to an evaluation or declines referral to HPSP, the Diversion Coordinator(s) will present the matter to the Board for decision and the Board’s action may jeopardize the confidential nature of licensee’s status as a candidate for, or enrollment in, HPSP. Statutory/Other Authority: ORS 676, 679 & 680 Statutes/Other Implemented: ORS 676.185, 676.190, 676.195, 676.200 & 676.140(e) History: OBD 3-2013, f. 10-24-13, cert. ef. 1-1-14 OBD 1-2011, f. 1-11-11, cert. ef. 2-1-11 OBD 2-2010(Temp), f. & cert. ef. 8-6-10 thru 2-1-11
818-013-0010 Procedures for Board Referrals (1) When the Board receives information involving a licensee who may have a substance related disorder, mental disorder, or both types of disorders, the Board staff will investigate and complete a non-identifying confidential report to be presented at a Board meeting. (2) The Board will consider all relevant factors before determining whether to refer a licensee to the HPSP, including but not limited to licensee’s disciplinary history; the severity and duration of the licensee’s impairment; the extent to which licensee’s practice can be limited or managed to eliminate danger to the public; and the likelihood that licensee’s impairment can be managed with treatment. (3) If a licensee meets referral criteria and the Board approves entry into the HPSP, the Board will provide a written referral to HPSP. Statutory/Other Authority: ORS 676, 679 & 680 Statutes/Other Implemented: ORS 676.185, 676.190, 676.195, 676.200 & 676.140(e) History: OBD 1-2011, f. 1-11-11, cert. ef. 2-1-11 OBD 2-2010(Temp), f. & cert. ef. 8-6-10 thru 2-1-11
818-013-0015 Referral of Licensees to the HPSP (1) A Board referral to HPSP will include, at a minimum: (a) Copies of documents from a Board approved independent evaluator which provide a diagnosis of a substance related disorder or a mental health disorder or both disorders, and provide treatment options; (b) A written statement from the Board as to whether the licensee’s impairment presents, or presented, a danger to the public; (c) A written statement from the licensee agreeing to enter the HPSP in lieu of discipline and agreeing to abide by all of the terms and conditions established by the vendor; (d) A written statement that the licensee has agreed to report any arrest for or conviction of a misdemeanor or felony crime to the Board within three (3) business days after the licensee is arrested or convicted; and (e) A letter of instruction to the vendor detailing the additional agreement provisions required by the Board. (2) For referral to HPSP, the licensee shall: (a) Sign an Agreement to Enter the Health Professionals’ Services Program. (b) Provide written authorization allowing for the release of documents by the Board to the HPSP vendor, and permit the verbal exchange of information between the Board and the HPSP vendor. (c) Within one (1) business day of the effective date of the Agreement to Enter the Health Professionals’ Services Program, licensee will make contact with the HPSP vendor to initiate procedures to enter HPSP. Statutory/Other Authority: ORS 676, 679 & 680 Statutes/Other Implemented: ORS 676.185, 676.190, 676.195, 676.200 & 676.140(e) History: OBD 1-2011, f. 1-11-11, cert. ef. 2-1-11 OBD 2-2010(Temp), f. & cert. ef. 8-6-10 thru 2-1-11