Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 82 - DENTISTS, DENTAL HYGIENISTS, AND DENTAL ASSISTANTS (§§ 17-82-101 — 17-82-804) › Subchapter 6 - MOBILE DENTAL FACILITIES (§§ 17-82-601 — 17-82-610) › Section 17-82-603 - Requirements for operators - Definition

(a)
An operator shall maintain an official business address that shall:
(1)
Not be a post office box;
(2)
Be within this state; and
(3)
Be associated with an established, nonmobile dental facility that shall have an official business address on record with the Arkansas State Board of Dental Examiners.
(b)
An operator shall maintain an official telephone number of record that shall:
(1)
Be accessible twenty-four (24) hours per day;
(2)
Be filed with the board as part of the application for a permit; and
(3)
Have 911 capability.
(c)
An operator shall notify the board within thirty (30) days of:
(1)
A change in address, location, or telephone number of record; and
(2)
(A)
The method by which the operator shall notify a patient of the change of address, location, or telephone number of record.
(B)
As used in subdivision (c)(2)(A) of this section, "patient" means an individual who has received treatment or consultation of any kind within two (2) years before the date of the change of address, location, or telephone number of record under this section.
(d)
All written or printed documents available from or issued by the mobile dental facility shall contain the official business address and telephone number of record for the mobile dental facility.
(e)
When the mobile dental facility is not in transit, all dental and official records of the mobile dental facility shall be maintained at the official business address.
(f)
(1)
(A)
An operator shall maintain a written procedure for emergency follow-up care for patients treated in a mobile dental facility.
(B)
The written procedure required under subdivision (f)(1)(A) of this section shall state that the operator shall make arrangements to provide follow-up treatment in a dental facility that is permanently established in the area within a fifty-mile radius of the location where services are provided by the operator if a qualified dentist is located in the area and agrees to provide follow-up care.
(2)
An operator that is unable to identify a qualified dentist in the area or is unable to arrange for emergency follow-up care for patients otherwise shall provide the necessary follow-up care through the mobile dental facility or at the operator's established dental practice location in this state or at any other established dental practice in this state that agrees to accept the patient.
(3)
(A)
An operator who fails to arrange or provide follow-up care as required under this subsection has abandoned the patient.
(B)
If an operator abandons a patient, the operator and any dentist or dental hygienist who fails to provide the required follow-up treatment is subject to disciplinary action by the board.
(g)
(1)
A mobile dental facility shall have communication facilities that enable the operator to contact necessary parties if a medical or dental emergency occurs.
(2)
The communication facilities shall enable:
(A)
The patient or the parent or guardian of the patient treated to contact the operator for emergency care, follow-up care, or information about treatment received; and
(B)
The provider who renders follow-up care to contact the operator and receive treatment information, including without limitation radiographs.
(h)
A mobile dental facility and the dental procedures performed by a qualified dentist who is located in the area and agrees to provide follow-up care shall comply with all applicable federal and state laws and all applicable rules of the board.
(i)
Services may be provided in a mobile dental facility only when a licensed dentist is physically present in the facility.
(j)
(1)
A driver of a mobile dental facility shall possess a valid Arkansas driver's license appropriate for the operation of the vehicle.
(2)
A copy of the driver's license of each driver of a mobile dental facility shall be submitted to the board at least thirty (30) days before the individual operates a mobile dental facility.
(k)
A mobile dental facility shall possess the appropriate motor vehicle registration of this state.
(l)
(1)
The operator of a mobile dental facility shall not perform services on a minor without the signed informed consent of a parent or guardian.
(2)
(A)
The board shall establish the signed informed consent form required under this subsection.
(B)
The signed informed consent form shall:
(i)
Inquire whether the prospective minor patient received dental care from a licensed dentist during the previous year; and
(ii)
If the dental care was from a mobile dental facility, request the name, address, and telephone number of the dental home.
(3)
(A)
If the signed informed consent form provided to the operator identifies a dental home, the operator shall contact the designated dental home by phone, facsimile, or electronic mail to notify the dental home of the minor's interest in receiving dental care from the operator.
(B)
If the dental home confirms that an appointment for the minor is scheduled with the dental home, the operator shall encourage the minor or his or her parent or guardian to seek care from the dental home.
(4)
The signed informed consent form shall document that the parent or legal guardian understands that the prospective patient may choose at any time to receive care from the prospective patient's dental home rather than from the mobile dental facility.
(m)
(1)
An operator of a mobile dental facility shall not perform services on an adult without a signed informed consent form from the prospective patient on a form established by the board.
(2)
The signed informed consent form shall document that the patient understands that the patient may choose at any time to receive care from his or her dental home rather than from the mobile dental facility.
(n)
(1)
(A)
An operator of a mobile dental facility shall not perform services on an incapacitated person without a signed informed consent form from the legal guardian of the incapacitated person on a form established by the board.
(B)
The signed informed consent form shall document that the patient's legal guardian understands.
(2)
The signed informed consent form shall document that the guardian understands that the patient may choose at any time to receive care from his or her dental home rather than from the mobile dental facility.
(o)
(1)
An operator of a mobile dental facility shall maintain a written or electronic record detailing for each location where services are performed:
(A)
The street address of the service location;
(B)
The date of each session;
(C)
The number of patients served;
(D)
The types of dental services provided and the quantity of each service provided; and
(E)
Any other information required by the board.
(2)
On request, the written or electronic record shall be made available to the board within ten (10) days.
(p)
A mobile dental facility shall possess all applicable county and city licenses or permits to operate at each location.
(q)
A mobile dental facility shall comply with the current recommendations for infection-control practices for dentistry promulgated by the Centers for Disease Control and Prevention, as they existed on January 1, 2009, and any rule of the board relating to infection control or reporting in a dental office.
(r)
(1)
(A)
At the conclusion of each patient's visit to a mobile dental facility, the operator shall provide the patient with a patient information sheet.
(B)
The operator shall also provide the information sheet provided under subdivision (r)(1)(A) of this section to an individual or entity authorized by the patient to receive or access the patient's records.
(2)
The information sheet required under subdivision (r)(1)(A) of this section shall include without limitation:
(A)
The name of the dentist or dental hygienist, or both, who performed the services;
(B)
A description of the treatment rendered, including without limitation:
(i)
Billing service codes and fees associated with treatment; and
(ii)
Tooth numbers, when appropriate;
(C)
If applicable, the name, address, and telephone number of any dentist to whom the patient was referred for follow-up care and the reason for the referral; and
(D)
If applicable, the name, address, and telephone number of a parent or guardian of the patient.
Acts 2009, No. 414, § 1.