reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-199.15. State Cosmetology and Barbering Fund.

A. There is hereby created in the State Treasury for the State Board of Cosmetology and Barbering a revolving fund to be designated the State Cosmetology and Barbering Fund. The fund shall be a continuing fund not subject to fiscal year limitations and shall consist of all fees and penalties collected pursuant to the Oklahoma Cosmetology and Barbering Act or rules promulgated thereto and any other funds obtained or received by the State Board of Cosmetology and Barbering pursuant to the Oklahoma Cosmetology and Barbering Act. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and shall be expended by the Board for the purposes of implementing, administering and enforcing the Oklahoma Cosmetology and Barbering Act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
B. At the close of each fiscal year the Board shall pay into the General Revenue Fund of the state ten percent (10%) of the gross fees and penalties so charged, collected and received by the Board. Other than the ten percent (10%) all fees and penalties charged and monies collected and received, are hereby dedicated, appropriated and pledged to the accomplishment and fulfillment of the purposes of the Oklahoma Cosmetology and Barbering Act.
C. All expenses, per diem, salaries, wages, travel, rents, printing, supplies, maintenance, and other costs incurred by the Board in the performance of its duty and in accomplishment and fulfillment of the purposes of the Oklahoma Cosmetology and Barbering Act shall be a proper charge against and paid from the State Cosmetology and Barbering Fund. In no event shall any claim or obligation accrue against the State of Oklahoma nor against the Cosmetology and Barbering Fund in excess of the ninety percent (90%) or the amount of fees and penalties collected and paid into the State Treasury pursuant to the provisions of the Oklahoma Cosmetology and Barbering Act.
Added by Laws 1949, p. 397, § 15, emerg. eff. June 6, 1949. Amended by Laws 1979, c. 30, § 18, emerg. eff. April 6, 1979; Laws 1998, c. 364, § 13, emerg. eff. June 8, 1998; Laws 2000, c. 355, § 15, eff. July 1, 2000; Laws 2012, c. 304, § 262; Laws 2013, c. 229, § 98, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-199.18. Services provided in a private residence.

A licensed barber, cosmetologist, hairdresser, manicurist or certificate holder for hairbraiding may provide, upon request of a patron or customer, barbering, cosmetology, hairdresser, manicurist or hairbraiding services to the patron or customer, according to such license or certificate authority, in the patron's or customer's private residence. The services authorized by this section shall be provided privately and shall not be subject to inspection, rules or regulations by the State Board of Cosmetology and Barbering; however, the licensee or certificate holder is required to provide such services competently and according to professional standards and in a manner deemed safe and sanitary for the patron or customer. The patron or customer by requesting such service to be delivered privately in their residence assumes the liability for the services and any home equipment utilized by the licensee or certificate holder. The patron or customer shall have the right to review the person's license or certificate for validity and authority to perform the services requested. The licensee or certificate holder shall have in their possession a copy of their license or certificate when providing services upon request in a private residence.
Added by Laws 2021, c. 305, § 1.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328. Designation of parts.

Chapter 7 of Title 59 of the Oklahoma Statutes shall be composed of two parts as follows: Part 1 shall be titled the State Dental Act, and Part 2 shall be titled the Oklahoma Dental Mediation Act.
Added by Laws 1996, c. 2, § 21, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.1. Citation - Subsequent enactments.

A. Part 1 of Chapter 7 of this title shall be known and may be cited as the "State Dental Act".
B. All statutes hereinafter enacted and codified in Part 1 of Chapter 7 of this title shall be considered and deemed part of the State Dental Act.
Added by Laws 1970, c. 173, § 1, eff. July 1, 1970. Amended by Laws 1996, c. 2, § 1, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.2. Declarations.

The practice of dentistry in the State of Oklahoma is hereby declared to affect the public health, safety and general welfare and to be subject to regulation and control in the public's best interest. It is further declared to be a matter of public interest and concern that the dental profession, through advancement and achievement, merits and receives the confidence of the public and that only properly qualified dentists be permitted to practice dentistry and supervise dental hygienists, dental assistants and oral maxillofacial surgery assistants in the State of Oklahoma. All provisions of this act relating to the practice of dentistry, the practice of dental hygiene, the procedures performed by dental assistants and oral maxillofacial surgery assistants, and the fabrication of dental appliances in dental laboratories by dental laboratory technicians shall be liberally construed to carry out these objects and purposes.
Added by Laws 1970, c. 173, § 2, eff. July 1, 1970. Amended by Laws 2013, c. 405, § 1, eff. July 1, 2013; Laws 2015, c. 229, § 1, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.10. Officers - Election - Tenure - Meetings - Bond - Liability - Expenses.

A. The Board of Dentistry shall organize annually at the last regularly scheduled meeting of the Board before the beginning of each fiscal year, by electing from among its members a president, a first vice-president, a second vice-president, and a secretary-treasurer. The duties of each officer shall be prescribed in the rules of the Board. The term of office of the persons elected president, vice-presidents and secretary-treasurer shall be for the following fiscal year and until their successors are elected and qualified.
B. The Board shall hold regularly scheduled meetings during each quarter of the year at a time and place determined by the Board and may hold such additional regular meetings, special meetings, emergency meetings, or continued or reconvened meetings as found by the Board to be expedient or necessary. A majority of the Board shall constitute a quorum for the transaction of business.
C. The Board shall act in accordance with the provisions of the Oklahoma Open Meeting Act, the Oklahoma Open Records Act and the Administrative Procedures Act.
D. The responsibilities and rights of any member or employee of the Board who acts within the scope of Board duties or employment shall be governed by the Governmental Tort Claims Act.
E. Members of the Board, committee members, anesthesia inspectors and investigative panel members appointed by the Board shall serve without compensation but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.
Added by Laws 1970, c. 173, § 10, eff. July 1, 1970. Amended by Laws 1996, c. 2, § 3, eff. Nov. 1, 1996; Laws 2015, c. 229, § 3, eff. July 1, 2015; Laws 2018, c. 151, § 3, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.15A. Board investigators - Powers.

A. Investigators for the Board shall be authorized to:
1. Perform such services as are necessary in the investigation of criminal activity or preparation of administrative actions; and
2. Investigate and inspect records of all licenses in order to determine whether licensees are in compliance with applicable narcotics and dangerous drug laws and regulations.
B. Board investigators certified as peace officers by the Council on Law Enforcement Education and Training shall have statewide jurisdiction to perform the duties authorized by subsection A of this subsection. Such investigators shall have the powers now or hereafter vested in law to peace officers.
C. Upon retirement, a Board investigator shall be entitled to receive the continued custody and possession of the sidearm and badge he or she carried immediately prior to retirement.
Added by Laws 2011, c. 262, § 7, eff. July 1, 2011.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.15B. Executive Director - Authority.

The Board of Dentistry shall employ an Executive Director. The Board may authorize or direct the Executive Director to:
1. Employ and maintain an office staff;
2. Employ one or more investigators who may be certified peace officers who shall be commissioned with all the powers and authority of peace officers of this state;
3. Enter into contracts on behalf of the Board; and
4. Perform other duties on behalf of the Board as needed or directed.
Added by Laws 2012, c. 270, § 3, eff. Nov. 1, 2012. Amended by Laws 2017, c. 302, § 2, emerg. eff. May 17, 2017.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.22. Specialty license.

A. 1. The Board of Dentistry may issue a dental specialty license authorizing a dentist to represent himself or herself to the public as a specialist, and to practice as a specialist, in a dental specialty.
2. No dentist shall represent himself or herself to the public as a specialist or practice as a specialist as listed in this paragraph, unless the individual:
a.
has successfully completed an advanced dental specialty educational program accredited by the Commission on Dental Accreditation, or has met the board certification requirements and is recognized as a current board certified member of a dental specialty organization or association recognized by the National Commission on Recognition of Dental Specialties and Certifying Boards,
b.
has passed the jurisprudence examination covering the State Dental Act, rules and state laws, and
c.
has completed any additional requirements set forth in state law or rules and has been issued a dental specialty license by the Board.
3. Specialty licenses recognized by the Board shall include:
a.
dental public health,
b.
endodontics,
c.
oral and maxillofacial surgery,
d.
oral and maxillofacial radiology,
e.
orthodontics and dentofacial orthopedics,
f.
pediatric dentistry,
g.
periodontics,
h.
prosthodontics,
i.
oral and maxillofacial pathology,
j.
dental anesthesiology,
k.
oral medicine, and
l.
orofacial pain.
B. 1. At the time of application, if the dentist has ever been licensed in any other state, he or she shall provide a letter of good standing from such state before the Board may issue a specialty license.
2. In conducting an investigation of an applicant who has applied for a dental specialty license pursuant to this subsection, the Board shall require of the applicant disclosure of the same background information as is required of an applicant for a license to practice dentistry in this state.
C. Any person holding an Oklahoma specialty license that does not have an Oklahoma general dentistry license shall be limited to practicing that specialty for which they hold a license.
D. The Board may use the American Dental Association National Commission on Recognition of Dental Specialties and Certifying Boards guidelines or the guidelines of another nationally recognized dental association or board for the purpose of defining a specialty practice area not otherwise defined herein.
Added by Laws 1970, c. 173, § 22, eff. July 1, 1970. Amended by Laws 1998, c. 377, § 3, eff. Nov. 1, 1998; Laws 2015, c. 229, § 8, eff. July 1, 2015; Laws 2018, c. 151, § 4, eff. Nov. 1, 2018; Laws 2019, c. 397, § 4; Laws 2021, c. 566, § 3, emerg. eff. May 28, 2021; Laws 2023, c. 220, § 3, eff. July 1, 2023.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.23. Emergency temporary licenses for dentistry or dental hygiene.

A. The President of the Board, upon verification that a person meets the requirements provided for in this section and any other requirements provided for in the State Dental Act, may issue an emergency temporary license to practice dentistry for thirty (30) days. A temporary license may be extended but shall not exceed ninety (90) days or the next available regularly scheduled Board meeting.
B. The President of the Board, upon verification that a person meets the requirements provided for in the State Dental Act, may issue an emergency temporary license to practice dental hygiene, which shall expire as of the date of the next dental hygiene clinical examination in Oklahoma, as required by the Board.
C. An active duty military spouse residing with the active duty member having met the requirements for licensure shall be eligible for a temporary license.
D. Any applicant requesting an emergency temporary license shall submit a letter explaining the exigent circumstances along with all application materials. The determination of whether or not to grant the emergency temporary license based upon the exigent circumstances shall be at the sole discretion of the President or acting President of the Board.
E. A holder of a temporary license to practice dentistry or dental hygiene shall have the same rights and privileges and be governed by the State Dental Act and the rules of the Board in the same manner as a holder of a permanent license to practice dentistry and dental hygiene.
F. The President of the Board may authorize patient treatment and care by individuals taking the Commission on Dental Competency Assessments (CDCA) or the Western Regional Examining Board exam, or other regional exams as approved by the Board, in order for such individuals to complete criteria related to Board examinations. The Board may authorize specialty examinations to be given throughout the year as needed.
Added by Laws 1970, c. 173, § 23, eff. July 1, 1970. Amended by Laws 1996, c. 2, § 6, eff. Nov. 1, 1996; Laws 1998, c. 377, § 4, eff. Nov. 1, 1998; Laws 2012, c. 270, § 4, eff. Nov. 1, 2012; Laws 2013, c. 405, § 6, eff. July 1, 2013; Laws 2015, c. 229, § 9, eff. July 1, 2015; Laws 2018, c. 151, § 5, eff. Nov. 1, 2018; Laws 2019, c. 397, § 5; Laws 2021, c. 566, § 4, emerg. eff. May 28, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.23b. Retired volunteer licenses.

A dentist, dental hygienist or dental assistant who has been licensed or permitted in good standing with the Board in excess of twenty (20) years on a consecutive basis may apply for a retired volunteer dentist, dental hygienist or dental assistant license or permit on a yearly basis to provide volunteer services. There shall be no continuing education requirements. A retired dentist, dental hygienist or dental assistant with a retired volunteer license or permit shall not receive payment either directly or indirectly for work provided.
Added by Laws 2015, c. 229, § 11, eff. July 1, 2015. Amended by Laws 2016, c. 113, § 1, eff. Nov. 1, 2016; Laws 2017, c. 302, § 3, emerg. eff. May 17, 2017.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.28a. Applicant criminal background check.

Beginning January 2016, every applicant for any type of license or permit issued by the Board of Dentistry shall be subject to a national criminal background check. The Board may deny a license or permit for any applicant who fails to disclose a criminal history or if any applicant has pled guilty or nolo contendere to or has been convicted of a felony or misdemeanor involving moral turpitude, Medicaid fraud or a violation of federal or state controlled dangerous substances laws.
Added by Laws 2012, c. 270, § 6, eff. Nov. 1, 2012. Amended by Laws 2013, c. 405, § 9, eff. July 1, 2013; Laws 2015, c. 229, § 16, eff. July 1, 2015; Laws 2016, c. 113, § 2, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.31. Professional entities formed for practice of dentistry.

A. Professional entities formed pursuant to the Professional Entity Act, for the purpose of rendering professional services by a dentist, shall be subject to all of the provisions of the State Dental Act, except that professional entities shall not be required to obtain a license from the Board of Dentistry. Individuals who hold a license issued by the Board shall be responsible, pursuant to the State Dental Act, for their personal conduct without regard to the fact that they are acting as an owner, manager, agent or employee of, or the holder of an interest in, a professional entity.
B. Professional entities formed for the purpose of rendering professional services by a dentist must register with the Board before rendering such services and must update the registration during the renewal period of each year. The Board shall:
1. Provide the form and establish the fee for the registration and update;
2. Maintain a registry of all such professional entities; and
3. Publish annually a summary of the registry.
C. The Board is authorized to issue certificates pursuant to Section 804 of Title 18 of the Oklahoma Statutes and shall maintain a record of each certificate issued.
D. Enforcement actions by the Board for violation of the State Dental Act or the rules of the Board may be brought against a professional entity as well as against any individual who is or has acted as an owner, manager, agent or employee of, or the holder of an interest in, the professional entity.
Added by Laws 1970, c. 173, § 31, eff. July 1, 1970. Amended by Laws 1996, c. 2, § 8, eff. Nov. 1, 1996; Laws 2013, c. 405, § 11, eff. July 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.31a. Use of trade names – Rules regulating advertisements.

A. One dentist or multiple dentists may use a trade name in connection with the practice of dentistry provided that:
1. The use of the trade name shall not be false, fraudulent or misleading;
2. The name of the dentist or dentists actually providing the dental services to the patient shall appear on all insurance claim forms, billing invoices or statements sent to the patient and on all receipts if any are given to the patient;
3. Treatment records shall be maintained for each patient that clearly identify the dentist or dentists who performed all dental services for the patient; and
4. When one dentist or multiple dentists make an advertisement in the trade name or the trade name is included in an advertisement, a copy of the advertisement, including but not limited to any electronic form of the advertising, shall be kept by the dentist or dentists for three (3) years from the first publication date of the advertisement.
B. Beginning July 1, 2016, all advertisements for dentistry shall include the name of the dentist or dentists that shall be providing treatment and shall list the type of dental or specialty license on the advertisement.
C. The Board of Dentistry shall promulgate rules regulating advertisements in which one dentist or multiple dentists use a trade name.
Added by Laws 1996, c. 2, § 9, eff. Nov. 1, 1996. Amended by Laws 2009, c. 192, § 1, eff. Nov. 1, 2009; Laws 2015, c. 229, § 18, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.31b. Patient record keeping requirements.

A. Every dental office or treatment facility, whether individual, group or multi-doctor practice operating under a name, trade name or other professional entity shall maintain written records on each patient treated at the facility and shall make these records available to the Board and other regulatory entities or be subject to the penalties as set forth in Section 328.44a of this title.
B. Each licensed dentist shall maintain written records on each patient that shall contain, at a minimum, the following information about the patient:
1. A health history listing known illnesses, other treating physicians and current medications prescribed;
2. Results of clinical examination and tests conducted including the identification, or lack thereof, of any oral pathology or diseases;
3. Treatment plan proposed by the dentist; and
4. Treatment rendered to the patient. The patient record shall clearly identify the dentist and the dental hygienist providing the treatment with the dentist, specialty or dental hygienist license number. The patient record shall include documentation of any medications prescribed, administered or dispensed to the patient.
C. Whenever patient records are released or transferred, the dentist releasing or transferring the records shall maintain either the original records or copies thereof and a notation shall be made in the retained records indicating to whom the records were released or transferred.
D. All claims being submitted for insurance must be signed, stamped or have an electronic signature by the treating dentist.
E. Patient records may be kept in an electronic data format, provided that the dentist maintains a backup copy of information stored in the data processing system using disk, tape or other electronic back-up system and that backup is updated on a regular basis, at least weekly, to assure that data is not lost due to system failure. Any electronic data system shall be capable of producing a hard copy on demand.
F. All patient records shall be maintained for seven (7) years from the date of treatment.
G. Each licensed dentist shall retain a copy of each entry in his or her patient appointment book or such other log, calendar, book, file or computer data used in lieu of an appointment book for a period of no less than seven (7) years from the date of each entry thereon.
Added by Laws 2015, c. 229, § 19, eff. July 1, 2015. Amended by Laws 2021, c. 566, § 8, emerg. eff. May 28, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.39. Dental laboratory permit holders or technicians - Grounds for penalties.

The following acts or occurrences by a dental laboratory permit holder or technician shall constitute grounds for which the penalties specified in Section 328.44a of this title may be imposed by order of the Board of Dentistry or be the basis for denying a new applicant any license or permit issued by the Board:
1. Publishing a false, fraudulent or misleading advertisement or statement;
2. Performing dental laboratory technology at a location for which no permit to operate a dental laboratory has been issued by the Board, except as provided in subsection C of Section 328.36 of this title;
3. Performing dental laboratory technology without a laboratory prescription of a dentist, except as provided in subsection C of Section 328.36 of this title;
4. Failing to return a prescribed work product to the prescribing dentist or the dental office of the dentist or failing to return dental impressions, molds, models, radiographs or other digital imagery upon written request;
5. Refusing to allow a member of the Board or an agent or employee of the Board to inspect laboratory prescriptions or dental restorations, appliances or other devices that are being constructed, reproduced or repaired;
6. Possessing dental equipment not necessary for performing dental laboratory technology;
7. Being dishonest in a material way with a dentist; or
8. Violating or attempting to violate the provisions of the State Dental Act or the rules of the Board, as a principal, accessory or accomplice.
Added by Laws 1970, c. 173, § 39, eff. July 1, 1970. Amended by Laws 1996, c. 2, § 12, eff. Nov. 1, 1996; Laws 1999, c. 280, § 8, eff. Nov. 1, 1999; Laws 2016, c. 113, § 6, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.39a. Dental laboratory permit holders - Grounds for penalties.

The following acts or occurrences by a holder of a permit to operate a dental laboratory shall constitute grounds for which the penalties specified in Section 328.44a of this title may be imposed by order of the Board of Dentistry:
1. Publishing a false, fraudulent or misleading advertisement or statement;
2. Providing dental laboratory technology at a location for which no permit to operate a dental laboratory has been issued by the Board, except as provided in subsection C of Section 328.36 of this title;
3. Providing dental laboratory technology without a laboratory prescription of a dentist, except as provided in subsection C of Section 328.36 of this title;
4. Failing to return a prescribed work product to a prescribing dentist or the dental office of the dentist;
5. Refusing to allow a member of the Board or an agent or employee of the Board to inspect laboratory prescriptions or dental restorations, appliances or other devices that are being constructed, reproduced or repaired;
6. Failing to retain an original laboratory prescription received from a prescribing dentist for a period of three (3) years from the date of the laboratory prescription, except that the failure to retain a document shall not be a violation of the State Dental Act if the owner of the dental laboratory shows that the document was lost, destroyed, or removed by another, without the consent of the owner;
7. Possessing dental equipment not necessary for performing dental laboratory technology;
8. Failing to pay fees as required by the State Dental Act or the rules of the Board;
9. Operating a dental laboratory without displaying, at the primary place of operation, a permit issued by the Board for the operation of the dental laboratory and the current renewal certificate;
10. Being dishonest in a material way with a dentist;
11. Violating or attempting to violate the provisions of the State Dental Act or the rules of the Board, as a principal, accessory or accomplice; or
12. Pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving moral turpitude, or a violation of federal or state controlled dangerous substances laws.
Added by Laws 1996, c. 2, § 13, eff. Nov. 1, 1996. Amended by Laws 1999, c. 280, § 9, eff. Nov. 1, 1999; Laws 2012, c. 270, § 8, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.40a. Registration for mobile dental clinics.

A. A mobile dental clinic providing dental treatment shall register with the Board of Dentistry and provide the following information:
1. The dentist or dentists that will be providing and/or supervising dental treatment to patients;
2. If the mobile dental clinic provides treatment to treatment facilities and/or the general public;
3. Types of treatment available and adequate infection control, as required by the Centers for Disease Control and Prevention and the Occupational Health and Safety Commission, and equipment and procedures; and
4. Other information deemed necessary by the Board to ensure the protection of the public.
B. Every permitted mobile dental clinic shall display in plain view a permit or designation of registration as required by the Board.
C. Failure to register as a mobile clinic shall subject each licensee or permit holder in control or providing treatment to the penalties set forth in Section 328.44a of Title 59 of the Oklahoma Statutes.
Added by Laws 2018, c. 151, § 10, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.42. State Dental Fund.

There is hereby created in the State Treasury a revolving fund for the Board of Dentistry to be designated as "The State Dental Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Board pursuant to the provisions of the State Dental Act. All monies accruing to the credit of this fund are hereby appropriated and may be budgeted and expended by the Board for the purpose of implementing and enforcing the provisions of the State Dental Act. Expenditures from this fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 1970, c. 173, § 42, eff. July 1, 1970. Amended by Laws 1979, c. 47, § 36, emerg. eff. April 9, 1979; Laws 1996, c. 2, § 14, eff. Nov. 1, 1996; Laws 2012, c. 304, § 263.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.43b. Patient fatalities - Adverse Outcomes Review and Investigation Panel.

A. In any matter involving a fatality or near fatality of a dental patient within forty-eight (48) hours of receiving anesthesia or that is required to be reported to the Board pursuant to Section 328.55 of this title, such matter shall be investigated by the Adverse Outcomes Review and Investigation Panel.
B. The Adverse Outcomes Review and Investigation Panel shall stand in the place of the Board's Review and Investigation Panel pursuant to Section 328.43a of this title during the complaint and review process.
C. Upon notification of a fatality to the Board, the President of the Board shall assign four members of the Anesthesia Committee pursuant to Section 328.17 of this title to review and investigate the matter.
D. Two of the members shall hold the same license type, whether general or specialty, as the licensee that is the subject of the complaint and two shall hold different types of licenses.
E. All other procedures as defined in Section 328.43a of this title regarding complaint and Board procedures shall be followed.
F. The Board may promulgate rules to implement the provisions of this section.
Added by Laws 2015, c. 229, § 24, eff. July 1, 2015. Amended by Laws 2018, c. 151, § 13, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.44a. Penalties - Judicial review.

A. The Board of Dentistry is authorized, after notice and opportunity for a hearing pursuant to Article II of the Administrative Procedures Act, to issue an order imposing one or more of the following penalties whenever the Board finds, by clear and convincing evidence, that a dentist, dental hygienist, dental assistant, oral maxillofacial surgery assistant, dental laboratory technician, holder of a permit to operate a dental laboratory, or an entity operating pursuant to the provisions of the Professional Entity Act or the State Dental Act has committed any of the acts or occurrences set forth in Sections 328.29, 328.29a, 328.32, 328.33, 328.39 and 328.39a of this title:
1. Refusal to issue a license or permit, or a renewal thereof, provided for in the State Dental Act;
2. Suspension of a license or permit issued by the Board for a period of time deemed appropriate by the Board;
3. Revocation of a license or permit issued by the Board;
4. Imposition of an administrative penalty not to exceed One Thousand Five Hundred Dollars ($1,500.00) per violation;
5. Issuance of a censure;
6. Placement on probation for a period of time and under such terms and conditions as deemed appropriate by the Board;
7. Probation monitoring fees, which shall be the responsibility of the licensee on all probations; or
8. Restriction of the services that can be provided by a dentist or dental hygienist, under such terms and conditions as deemed appropriate by the Board.
B. A dentist, dental hygienist, dental assistant, oral maxillofacial surgery assistant, dental laboratory technician, or holder of a permit to operate a dental laboratory, against whom a penalty is imposed by an order of the Board pursuant to the provisions of this section, shall have the right to seek a judicial review of such order pursuant to Article II of the Administrative Procedures Act.
C. The Board may issue a summary suspension on a licensee or permit holder who is found guilty of a felony charge and is sentenced to incarceration in a state or federal facility.
Added by Laws 1996, c. 2, § 16, eff. Nov. 1, 1996. Amended by Laws 2003, c. 172, § 8, emerg. eff. May 5, 2003; Laws 2005, c. 377, § 6, eff. Nov. 1, 2005; Laws 2011, c. 262, § 5, eff. July 1, 2011; Laws 2013, c. 405, § 16, eff. July 1, 2013; Laws 2015, c. 229, § 25, eff. July 1, 2015; Laws 2019, c. 397, § 10.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.44b. Surrender of license, permit or certificate.

A. A holder of a license, a permit, or certificate granted by the Board shall have the right to surrender the license, permit, or certificate, in writing, notarized, to the Board if the holder is in good standing with the Board as determined, in its discretion, by the Board. The Board shall accept such surrender in writing after approval at a regular or special Board meeting with the statement that the holder is in good standing with the Board. Any holder who has surrendered a license, permit, or certificate issued by the Board and who shall apply for a license, permit, or certificate after surrender shall be subject to all statutes and rules of the Board applicable at the time of the new application.
B. A holder of a license, permit, or certificate shall not be considered to be in good standing if an investigation of a complaint is pending against the holder. The Board shall not accept a surrender until a complaint is dismissed by the review panel, a settlement agreement is entered or the Board determines that an individual proceeding shall be initiated pursuant to Section 328.43a of this title.
C. If a holder of a license, permit, or certificate wishes to surrender the license, permit, or certificate during the pendency of an initial proceeding, the Board may accept or reject the surrender, in its discretion. The acceptance must be in writing after approval by the Board at a regular or special Board meeting. Any acceptance shall contain the statement that the acceptance is pending disciplinary action. No person who surrenders a license, permit, or certificate to the Board during a pending disciplinary action shall be eligible for reinstatement for a period of five (5) years from the date the surrender is accepted by the Board.
D. The Board shall retain jurisdiction over the holder of any license, permit, or certificate for all disciplinary matters pending at the time surrender is sought by the holder or over any person that does not renew his or her license while an investigation is pending.
E. All surrenders of licenses, permits, or certificates, whether the holder is or is not in good standing, shall be reported to the national practitioner data bank with the notation in good standing or pending disciplinary action.
Added by Laws 2005, c. 377, § 7, eff. Nov. 1, 2005. Amended by Laws 2018, c. 151, § 14, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.48. Annual statement of receipts and expenditures.

It shall be the duty of the Board of Dentistry, annually, to have prepared a statement showing the total amount of receipts and expenditures of the Board for the preceding twelve (12) months. The statement shall be properly certified under oath by the president and Executive Director of the Board to the Governor and may be sent electronically.
Added by Laws 1970, c. 173, § 48, eff. July 1, 1970. Amended by Laws 2003, c. 172, § 9, emerg. eff. May 5, 2003; Laws 2021, c. 566, § 13, emerg. eff. May 28, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.53. Dentists - Professional malpractice liability insurance.

A. All dentists in active practice licensed by the Board of Dentistry shall maintain a policy for professional malpractice liability insurance; provided, however, that such requirement shall not apply to dentists:
1. Covered by a group or hospital malpractice insurance policy;
2. Practicing in a state facility subject to The Governmental Tort Claims Act, Section 151 et seq. of Title 51 of the Oklahoma Statutes;
3. Practicing in a federal facility subject to the Federal Tort Claims Act;
4. Providing care as a volunteer under a special volunteer license pursuant to Section 328.23a of this title;
5. Providing care as a retired dentist with a valid license in a volunteer, nonpaid capacity;
6. Practicing or residing in another state or country, who will not practice within this state during the license renewal year. A dentist that is residing but not practicing in this state but wishes to maintain an active license may sign an affidavit stating that the dentist is not practicing dentistry, listing the specific dates during which the dentist will not practice. The dentist must notify the Board in writing and provide proof of malpractice insurance no less than ten (10) days prior to resuming practice; or
7. A dentist may petition the Board to be temporarily exempted due to health, injury or other personal exigent circumstance during the year. A signed and sworn affidavit and other documentation may be required by the Board. The Board at its discretion may exempt a dentist for a specific stated period of time.
B. The Board of Dentistry may promulgate rules as necessary to carry out the provisions of this section including, but not limited to, minimum requirements for professional malpractice liability insurance policies and penalties for noncompliance.
Added by Laws 2011, c. 262, § 8, eff. July 1, 2011. Amended by Laws 2012, c. 270, § 12, eff. Nov. 1, 2012; Laws 2013, c. 405, § 18, eff. July 1, 2013; Laws 2018, c. 151, § 16, eff. Nov. 1, 2018; Laws 2022, c. 158, § 8, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.54. Dental practice - Diagnosis via the Internet.

A. Any person conducting a diagnosis for the purpose of prescribing medication or treatment or any other action determined to be a dental practice as defined by the State Dental Act, via the Internet or other telecommunications device on any patient that is physically located in this state shall hold a valid Oklahoma state dental license.
B. A dentist holding a valid dental license in Oklahoma may consult, diagnose and treat a patient of record via synchronous or asynchronous telecommunication between the patient and dentist. The dentist must record all activities relating to teledentistry in the patient record and must have an office location in Oklahoma available for follow-up treatment and maintenance of records.
Added by Laws 2012, c. 270, § 13, eff. Nov. 1, 2012. Amended by Laws 2021, c. 566, § 14, emerg. eff. May 28, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.55. Death of patient - Notification of Board.

All licensees engaged in the practice of dentistry in this state shall notify the Board within twenty-four (24) hours of the discovery of a death of a patient or an emergency hospital visit pursuant to treatment in a dental office and potentially related to the practice of dentistry by the licensee. A licensee shall submit a complete report to the Board of any fatality or serious injury occurring during the practice of dentistry or the discovery of the death of a patient whose death is causally related to the practice of dentistry by the licensee within thirty (30) days of such occurrence.
Added by Laws 2012, c. 270, § 14, eff. Nov. 1, 2012. Amended by Laws 2018, c. 151, § 17, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.56. Unauthorized or forged prescribing of controlled dangerous substances.

Every dentist shall have a duty to guard against the illegal diversion and unauthorized or forged prescribing of controlled dangerous substances while practicing dentistry and shall:
1. Notify the Board within twenty-four (24) hours of discovery that an employee or other person, known or unknown, has forged or authorized without the dentist’s permission, a prescription via a telecommunications device, electronic prescribing device, written prescription, or otherwise communicated or transferred information with the intent of allowing a person to obtain a controlled dangerous substance in the dentist’s name or by any identifiable license number of the dentist;
2. Maintain all written prescription pads in a safe place while practicing dentistry and shall ensure such prescription pads are not directly accessible to patients;
3. Ensure that all prescriptions issued shall clearly identify the name and current address of the issuing dentist; and
4. Not issue a prescription on a prescribing form in a preprinted format that lists the name of another dentist not presently licensed by the Board.
Added by Laws 2012, c. 270, § 15, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.57. Providing care during a pandemic, disaster or emergency – Administering vaccinations.

A. Upon the declaration by governmental officials of a health pandemic or a state or federal disaster or emergency, dentists and dental hygienists and dental assistants working under the supervision of a dentist or physician, acting in good faith, shall be considered to be acting within the scope of their profession when providing all needed care during such a declared local, state or national emergency, and shall be allowed to perform services requested of them.
B. Dentists are authorized to administer vaccinations. All dentists shall comply with Centers for Disease Control and Prevention or State Department of Health documentation if required.
C. Dental hygienists are authorized to administer vaccinations while working under the general supervision of a physician as defined by subsection C of Section 725.2 of Title 59 of the Oklahoma Statutes.
Added by Laws 2021, c. 566, § 15, emerg. eff. May 28, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.58. Dentists utilizing dental hygienist with elder care advanced procedure permit to treat patients utilizing teledentistry — Permissible facilities — Expanded duty permit for elder care and public health for dental assistants.

A. A licensed dentist may allow a dental hygienist with an elder care advanced procedure permit to treat patients under general supervision by utilizing teledentistry on a patient in:
1. A nursing facility, specialized facility, or nursing care component of a continuum of care facility licensed under or otherwise subject to the Nursing Home Care Act, Section 1-1901 et seq. of Title 63 of the Oklahoma Statutes;
2. An assisted living center or continuum of care facility licensed under the Continuum of Care and Assisted Living Act, Section 1-890.1 et seq. of Title 63 of the Oklahoma Statutes;
3. A residential care home licensed under the Residential Care Act, Section 1-819 et seq. of Title 63 of the Oklahoma Statutes;
4. An adult day care center or adult day care component of a continuum of care facility licensed under or otherwise subject to the Adult Day Care Act, Section 1-870 et seq. of Title 63 of the Oklahoma Statutes; or
5. Another healthcare facility or long-term care facility as specifically approved by the Board of Dentistry.
B. A dental hygienist with a minimum of two (2) years of licensed active hygiene practice may apply to the Board for an advanced procedure permit for elder care and public health.
C. Upon receipt of the advanced procedure permit, the dental hygienist may provide hygiene treatments to a new or existing patient in a facility listed in subsection A of this section, utilizing mobile or other applicable dental equipment. In addition to a written record and patient file, the hygienist shall complete a visual recording of the patient’s mouth through video or live teledentistry to aid the dentist in completing an evaluation and diagnosis of the patient. The video recording shall be maintained as part of the patient record.
D. A dentist shall complete an in-person, live, or recorded teledentistry assessment, diagnosis, and treatment plan for the patient taking into consideration the needs, health, and physical abilities of the patient a minimum of every thirteen (13) months.
E. The supervising dentist shall maintain all patient records including teledentistry recordings for a period of seven (7) years.
F. A dental assistant having a minimum of two (2) years of active dental assisting practice may apply to the Board for an expanded duty permit for elder care and public health. Upon receipt of the expanded duty permit, the dental assistant may assist a hygienist while providing treatment in a facility listed in subsection A of this section under the general supervision of the supervising dentist. The patient records shall list the dental assistant providing treatment while assisting the dental hygienist.
Added by Laws 2023, c. 220, § 7, eff. July 1, 2023.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.60. Citation - Subsequent enactments.

A. Part 2 of Chapter 7 of this title shall be known and may be cited as the "Oklahoma Dental Mediation Act".
B. All statutes hereinafter enacted and codified in Part 2 of Chapter 7 of this title shall be considered and deemed part of the Oklahoma Dental Mediation Act.
Added by Laws 1991, c. 213, § 1, emerg. eff. May 21, 1991. Amended by Laws 1996, c. 2, § 19, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.61. Declaration of public policy.

It is the declared public policy of the State of Oklahoma that the provision of quality dental health care is essential to the well-being of all citizens of this state, as is the expeditious resolution of disputes relating to dental treatment. The monitoring and assessment of dental services through a mediation system is an efficient and reasonable method of providing an alternative dispute resolution mechanism for patient-dentist disputes while also promoting quality health care that addresses patients' concerns about the quality of treatment. The Legislature, therefore, declares that for the public good, and the general welfare of the citizens of this state, the enactment of the Oklahoma Dental Mediation Act is required.
Added by Laws 1991, c. 213, § 2, emerg. eff. May 21, 1991.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-328.62. Definitions - Mediation committee - Powers.

As used in the Oklahoma Dental Mediation Act:
1. "Board" means the Board of Dentistry;
2. "Dentist" means a person who has been licensed by the Board to practice dentistry, as defined in Section 328.19 of this title; and
3. "Mediation committee" means a committee of persons duly constituted of or appointed by a statewide organization representing dentists. The Committee shall consist of two (2) members of a statewide organization representing dentists and one former member of the Board not presently serving. The mediation committee is authorized, upon receiving a written request for a review, to conduct a review of the complaints or requests for review of persons, the treatment performed by a dentist and, where appropriate, hold hearings and conduct personal examinations of dental treatment of patients. The mediation committee may, but shall not be obligated to:
a.
evaluate the quality of health care services provided by the dentist being reviewed,
b.
determine whether health care services rendered were professionally indicated or were performed in compliance with the applicable standards of care,
c.
evaluate the quality and timeliness of health care services rendered by a dentist for a patient, and
d.
recommend to the parties, a method of settlement, for their acceptance or rejection.
Any decision by the mediation committee not to review a matter shall be communicated by the committee to the affected persons within thirty (30) days after the committee has received the material submitted pursuant to Section 328.65 of this title.
Added by Laws 1991, c. 213, § 3, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 1, eff. Nov. 1, 1997; Laws 2015, c. 229, § 26, eff. July 1, 2015.